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Home My WebLink AboutCity Council - 09/07/2021 AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, SEPTEMBER 7, 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 Matt Sackett, 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. EMERGENCY MANAGEMENT PLAN (5:30-6:20) II. TREE DISCUSSION (6:20-6:30) Open Podium - Council Chamber (6:30) III. OPEN PODIUM IV. ADJOURNMENT City of Eden Prairie Emergency Management September 7, 2021 Emergency Management Agenda Overview of the System Emergency Operation Plan Update Integrated Emergency Management System Mitigation: Elimination or reduce probability of a disaster. Preparedness: Enhance disaster response capabilities and planning. Response: Bring resources to where they are needed. Recovery: Provide for basic needs of the public, restore critical services and return the community to its normal state. Risk Management Risk Management and its connections with Emergency Management ◦Exposure Avoidance ◦Loss Prevention ◦Loss Reduction ◦Segregation/Duplication of Exposures ◦Contractual Transfer Crisis Management Plan An effective CM Plan should address: 1. Loss prevention measures 2. Loss reduction measures 3. Coordination of the crisis 4. Post-Emergency recovery actions Improvised Explosive Devices Snow Emergencies Minnesota / Eden Prairie Hazards Transportation Incident (Highway, Rail, Aircraft) Civil Disorder Biological Hazards Fire (urban, forest, wildfire) Hazardous Material (HAZMAT) Incidents Nuclear / Radiological Incident Technology / Cyber Issues Active Shooter / Hostile Event Terrorism National Security Event Natural Disaster (flood, severe weather, tornado, blizzard, heat, cold, wind, etc.) Public Health Emergency Public Utilities Failure (gas, electric, telephone) Geological / Landslide Emergency Planning and Response in the Community Fire Private Industry Law Enforcement EMS Emergency Management System Volunteer Agencies Many, Many More! Public Works EP CERT Largest CERT Group in the State 100 Members Monthly Training Laws / Regulations MN State Statue -Chapter 12 Laws / Regulations SARA EPCRA Laws / Regulations OSHA NFPA Emergency Management System All Hazard Community Connected City Staff Involvement Emergency Management People Systems Process Relationships Emergency Management City Council ◦Policy Level ◦Executive Perspective ◦Community Connected ◦Community Feedback ◦Confidence in Operational Delivery Emergency Management City Manager Emergency Management Director Emergency Management Coordinators Emergency Management System in Eden Prairie City of Eden Prairie EMERGENCY OPERATIONS PLAN Emergency Operations Plan (EOP) Guidebook for All-Hazard Emergency Operations in our City Emergency Operations Plan (EOP) Current EOP was updated in 2014 Emergency Operations Plan (EOP) What is new in the current plan? ◦Plan Foundation Effective ◦Enhancements ◦Procedures ◦Contacts ◦Resources Emergency Operations Plan (EOP) Regional Interface ◦South Group in Hennepin County ◦Bloomington, Edina, Eden Prairie, Minnetonka, Hopkins, Richfield, St. Louis Park ◦SW Transit ◦School District Hennepin County Interface State of MN Connection Federal Integration Emergency Operations Plan Basic Plan ◦Purpose ◦Scope ◦Organization Emergency Operations Plan Warning and Notification –Annex A ◦Systems ◦Responsibility ◦Dispatch ◦Police ◦Fire ◦Procedures Emergency Operations Plan Direction and Control –Annex B ◦Responsibilities ◦Emergency Management ◦EOC ◦Resource Contacts Emergency Operations Plan Emergency Public Information –Annex C ◦Responsibilities ◦Communications ◦Resources Emergency Operations Plan Search and Rescue –Annex D ◦Responsibilities ◦Police ◦Fire ◦Resources ◦Procedures Emergency Operations Plan Health and Medical –Annex E ◦Responsibilities ◦Police ◦Fire ◦EMS (Hennepin HealthCare) ◦Hennepin County Public Health ◦Resources ◦Procedures Emergency Operations Plan Security, Evacuation, and Traffic Control –Annex F ◦Responsibilities ◦Police ◦Fire ◦Public Works ◦Resources ◦Procedures Emergency Operations Plan Fire Protection –Annex G ◦Responsibilities ◦Fire ◦Resources ◦Procedures Emergency Operations Plan Damage Assessment –Annex H ◦Responsibilities ◦Community Development ◦Building Inspections ◦Resources ◦Procedures Emergency Operations Plan Congregate Care –Annex I ◦Responsibilities ◦Parks and Recreation ◦Resources ◦Red Cross ◦Salvation Army ◦Procedures Emergency Operations Plan Debris Clearance –Annex J ◦Responsibilities ◦Public Works ◦Resources ◦Procedures Emergency Operations Plan Utilities Restoration –Annex K ◦Responsibilities ◦Public Works ◦Utility Companies ◦Resources ◦Procedures Emergency Operations Plan Hazardous Materials / Radiological –Annex L ◦Responsibilities ◦Fire ◦Police ◦Resources ◦Procedures Emergency Operations Plan Checklists –Annex M Emergency Operations Plan Law Enforcement –Annex N Emergency Operations Plan Domestic Animals –Annex O ◦Responsibilities ◦Resources ◦Procedures Emergency Operations Plan Terrorism –Annex P ◦Responsibilities ◦Resources ◦Procedures Emergency Operations Plan Emergency Volunteers –Annex Q ◦Responsibilities ◦Parks and Recreation ◦Resources ◦Procedures Emergency Operations Plan Continuity of Government Business Continuity Plan ◦Administration / Information Technology Mitigation Plan Adopted and connected to Hennepin County EOC Operations Location ◦Primary ◦Alternate Utilization Disaster Response and Recovery State –Homeland Security and Emergency Management Federal –FEMA Training and Exercising City –Department and Division Community ◦School District, Businesses, etc. Regional ◦Cities, Hennepin County, etc. Emergency Operations Plan Final Step ◦Updated EOP will be put into service after tonight unless you have any concerns. Questions Thank You AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, SEPTEMBER 7, 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. 2021 GREEN STEP CITIES AWARDS B. ACCEPT DONATION OF $1,000 FROM INTERNATIONAL SCHOOL OF MINNESOTA FOR PEOPLEFEST (Resolution) C. ACCEPT DONATION OF $500 FROM XCEL ENERGY AND $500 FROM INTERNATIONAL SCHOOL OF MINNESOTA FOR ARTS IN THE PARK (Resolution) V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, AUGUST 17, 2021 B. CITY COUNCIL MEETING HELD TUESDAY, AUGUST 17, 2021 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK’S LICENSE LIST B. ASIAN PLAZA by Xing Zhao. Second Reading of Ordinance for Planned Unit District with Waivers on 4.68 Acres; Resolution for Site Plan Review on 4.68 Acres (Ordinance for PUD District Review, Resolution for Site Plan Review, Development Agreement) CITY COUNCIL AGENDA September 7, 2021 Page 2 C. APPROVE SECOND READING OF ORDINANCE ENACTING A NEW CITY CODE CHAPTER 13 RELATING TO INCLUSIONARY HOUSING AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE D. ADOPT RESOLUTION APPROVING EXTENSION OF PRELIMINARY PLAT FOR EDEN HEIGHTS EAST E. ACCEPT AWARD OF $7,447,401 OF AMERICAN RESCUE PLAN GRANT AND APPROVE USE OF FUNDS FOR PROVISION OF GOVERNMENT SERVICES TO THE EXTENT OF REDUCTION IN REVENUE DUE TO COVID-19 PUBLIC HEALTH EMERGENCY F. APPROVE AGREEMENT WITH PRESCRIPTION LANDSCAPE INC. FOR SNOW AND ICE MANAGEMENT SERVICES G. AUTHORIZE GRANT AGREEMENT WITH HENNEPIN COUNTY FOR HEALTHY TREE CANOPY GRANT H. APPROVE AGREEMENT WITH HTPO FOR PIONEER TRAIL RECONSTRUCTION PROJECT I. APPROVE CHANGE ORDER NO. 1 WITH BITUMINOUS ROADWAYS, INC. FOR 2021 PAVEMENT MANAGEMENT PROJECT J. APPROVE AGREEMENT WITH HTPO FOR NORTH MANOR ROAD DRAINAGE IMPROVEMENTS PROJECT IX.PUBLIC HEARINGS / MEETINGS A. OLYMPIC HILLS GOLF CLUB CLUBHOUSE RENOVATIONS by Aulik Design Build. Resolution for Site Plan Minor Amendment Review on 82.31 Acres (Resolution for Site Plan Minor Amendment Review) B. JOHNSON RIDGE by Laketown Builders. Resolution for Planned Unit Development Concept Review on 2.1 Acres; First Reading of Ordinance for Planned Unit District Review with Waivers on 2.1 Acres; Resolution for Preliminary Plat on 2.1 Acres (Resolution for PUD Concept Review, Ordinance for PUD District Review, Resolution for Preliminary Plat) X. PAYMENT OF CLAIMS XI.ORDINANCES AND RESOLUTIONS XII.PETITIONS, REQUESTS, AND COMMUNICATIONS XIII.APPOINTMENTS CITY COUNCIL AGENDA September 7, 2021 Page 3 XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER 1. Resolution Certifying Proposed 2022 Property Tax Levy, Accepting Proposed 2022 Budget, Setting Date for Public Hearing, and Consenting and Approving HRA Tax Levy C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT ANNOTATED AGENDA DATE: September 3, 2021 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, September 7, 2021 ___________________________________________________________________________________________ TUESDAY, SEPTEMBER 7, 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. HRA MEETING HRA I. ROLL CALL / CALL THE HRA MEETING TO ORDER HRA II. APPROVE MINUTES OF HRA MEETING HELD ON AUGUST 17, 2021 MOTION: Move to approve the HRA minutes from August 17, 2021. HRA III. ADOPT RESOLUTION APPROVING THE PROPOSED 2022 PROPERTY TAX LEVY AND ACCEPTING THE PROPOSED 2022 BUDGET Synopsis: Minnesota Law authorizes the HRA to levy a tax with the consent of the City Council. The HRA must adopt a proposed net property tax levy by September 30 and certify it to the county auditor. Per Minnesota Statute, Housing and Redevelopment Authorities can levy a tax of up to .0185 percent of estimated market value. The proceeds may be spent on planning and implementation of redevelopment and/or low-rent housing assistance programs with the City. The limit for the City of Eden Prairie is $2,115,069. ANNOTATED AGENDA September 7, 2021 Page 2 MOTION: Move to adopt the resolution to approve the proposed 2022 property tax levy to be $205,000 and accept the proposed 2022 budget of $205,000. HRA IV. ADJOURNMENT MOTION: Move to adjourn the HRA meeting. COUNCIL MEETING IV. PROCLAMATIONS / PRESENTATIONS A. 2021 GREEN STEP CITIES AWARDS Synopsis: In 2021 the City achieved Step 4 and 5 levels for the Green Step Cities program. The steps are awarded based on the sustainability best practices completed by the City each year, as well as for reporting and improving on sustainability metrics from the previous year. Awards for reaching the highest step in 2021 are being presented to the City in recognition of all of the City’s work in the area of sustainability. Award is being presented by Diana McKeown of the Great Plains Institute. B. ACCEPT DONATION OF $1,000 FROM INTERNATIONAL SCHOOL OF MINNESOTA FOR PEOPLEFEST (Resolution) Synopsis: This donation from the International School of Minnesota helps to support the two-week PeopleFest celebration. MOTION: Move to adopt the Resolution accepting the donation in the amount of $1,000 from the International School of Minnesota to go toward PeopleFest! A Community Celebration of Culture. C. ACCEPT DONATION OF $500 FROM XCEL ENERGY AND $500 FROM INTERNATIONAL SCHOOL OF MINNESOTA FOR ARTS IN THE PARK (Resolution) Synopsis: Arts in the Park is Eden Prairie’s annual art fair that welcomes local and regional artists and makers to beautiful Purgatory Creek Park where they can sell their artwork, homemade beauty products, artisan foods, unique clothing and more. The event also has food and beer for sale along with free hands-on activities for the whole family. MOTION: Move to adopt the Resolution accepting the contribution in the amount of $1,000 for Arts in the Park from Xcel Energy ($500) and International School of Minnesota ($500). ANNOTATED AGENDA September 7, 2021 Page 3 V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Move to approve the agenda. VI.MINUTES MOTION: Move to approve the following City Council minutes: A. COUNCIL WORKSHOP HELD TUESDAY, AUGUST 17, 2021 B. CITY COUNCIL MEETING HELD TUESDAY, AUGUST 17, 2021 VII.REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII.CONSENT CALENDAR MOTION: Move approval of items A-J on the Consent Calendar. A. CLERK’S LICENSE LIST B. ASIAN PLAZA by Xing Zhao. Second Reading of Ordinance for Planned Unit District with Waivers on 4.68 Acres; Resolution for Site Plan Review on 4.68 Acres (Ordinance for PUD District Review, Resolution for Site Plan Review, Development Agreement) C. APPROVE SECOND READING OF ORDINANCE ENACTING A NEW CITY CODE CHAPTER 13 RELATING TO INCLUSIONARY HOUSING AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE D. ADOPT RESOLUTION APPROVING EXTENSION OF PRELIMINARY PLAT FOR EDEN HEIGHTS EAST E. ACCEPT AWARD OF $7,447,401 OF AMERICAN RESCUE PLAN GRANT AND APPROVE USE OF FUNDS FOR PROVISION OF GOVERNMENT SERVICES TO THE EXTENT OF REDUCTION IN REVENUE DUE TO COVID-19 PUBLIC HEALTH EMERGENCY F. APPROVE AGREEMENT WITH PRESCRIPTION LANDSCAPE INC. FOR SNOW AND ICE MANAGEMENT SERVICES G. AUTHORIZE GRANT AGREEMENT WITH HENNEPIN COUNTY FOR HEALTHY TREE CANOPY GRANT H. APPROVE AGREEMENT WITH HTPO FOR PIONEER TRAIL RECONSTRUCTION PROJECT ANNOTATED AGENDA September 7, 2021 Page 4 I. APPROVE CHANGE ORDER NO. 1 WITH BITUMINOUS ROADWAYS, INC. FOR 2021 PAVEMENT MANAGEMENT PROJECT J. APPROVE AGREEMENT WITH HTPO FOR NORTH MANOR ROAD DRAINAGE IMPROVEMENTS PROJECT IX. PUBLIC HEARINGS / MEETINGS A. OLYMPIC HILLS GOLF CLUB CLUBHOUSE RENOVATIONS by Aulik Design Build. Resolution for Site Plan Minor Amendment Review on 82.31 Acres (Resolution for Site Plan Minor Amendment Review) Synopsis: The applicant is proposing an exterior façade remodel of the current clubhouse building. Two (2) additions are also proposed; a small entrance vestibule on the west side of the building and an approximately 1,400 square foot storage space on the east side of the building. The proposed changes include modifying exterior building elevations to a more modern façade that exceeds City Code requirements and to provide upgraded amenities to club members and guests. This work will be done in phases over the next three (3) years. Official notice of this public hearing was published in the August 17, 2021, Sun Sailor and sent to 235 property owners. MOTION: Move to:  Close the Public Hearing; and  Adopt a Resolution for a Site Plan Review on 82.31 acres B. JOHNSON RIDGE by Laketown Builders. Resolution for Planned Unit Development Concept Review on 2.1 Acres; First Reading of Ordinance for Planned Unit District Review with Waivers on 2.1 Acres; Resolution for Preliminary Plat on 2.1 Acres (Resolution for PUD Concept Review, Ordinance for PUD District Review, Resolution for Preliminary Plat) Synopsis: The applicant is requesting approval to develop 9995 Bennett Place into six (6) single-family lots. The parcel is located on Bennett Place south of Pioneer Trail. 9995 Bennett Place currently contains a single family home that will be demolished before construction begins. The property is surrounded by single-family development. With a density of approximately 2.86 units per acre, the project is consistent with the Low-Density Residential guiding. The applicant is requesting to rezone the property from R1-22 to R1-9.5. Official notice of this public hearing was published in the August 17, 2021, Sun Sailor and sent to 98 property owners. The Planning Commission voted 7-0 to recommend approval of the project at the August 9, 2021 meeting. MOTION: Move to: ANNOTATED AGENDA September 7, 2021 Page 5  Close the Public Hearing; and  Adopt a Resolution for a Planned Unit Development Concept Review on 2.1 acres  Approve the 1st Reading of the Ordinance for a Planned Unit Development District Review with waivers and a Zoning District Change from R1-22 to R1-9.5 on 2.1 acres  Adopt a Resolution for a Preliminary Plat to divide 1 lot into 6 lots on 2.1 acres  Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions  Authorize the issuance of an early Land Alteration Permit for Johnson Ridge at the request of the Developer subject to the conditions outlined in the permit. X. PAYMENT OF CLAIMS MOTION: Move approval of Payment of Claims as submitted (Roll Call Vote). XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER 1. Resolution Certifying Proposed 2022 Property Tax Levy, Accepting Proposed 2022 Budget, Setting Date for Public Hearing, and Consenting and Approving HRA Tax Levy Synopsis: Minnesota Law and administration rules prescribe a detailed process for public notification and participation in setting taxes and budgets of local governments. Cities must adopt a proposed property tax levy and certify that amount to the county auditor on or before September 30, 2021. In addition, the City Council must accept a proposed budget for the coming year. The City must announce at this Council meeting the future time and date of the regularly scheduled meetings at which the budget and tax levy will ANNOTATED AGENDA September 7, 2021 Page 6 be discussed and public testimony taken. The Council must adopt a final tax levy and budget by December 28. Minnesota Law authorizes the HRA to levy a tax with the consent of the City Council. This resolution gives the consent needed for the HRA. MOTION: Move to adopt the resolution that:  Certifies the proposed 2022 property tax levy to be $43,102,554; and  Sets December 7, 2021, as the meeting which will include discussion of the budget and provide for public comment; and  Accepts the proposed 2022 budget of $55,617,390; and  Consents and approves the HRA tax levy of $205,000. 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. AGENDA CITY OF EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY, SEPTEMBER 7, 2021 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road HOUSING AND REDEVELOPMENT AUTHORITY MEMBERS: Chair Ron Case, Members Kathy Nelson, Mark Freiberg, PG Narayanan, and Lisa Toomey CITY STAFF: City Manager Rick Getschow, Community Development Director Janet Jeremiah, City Attorney Maggie Neuville, City Planner Julie Klima, Finance Director Sue Kotchevar and Recorder Jan Curielli I. ROLL CALL / CALL THE HRA MEETING TO ORDER II. APPROVE MINUTES OF HRA MEETING HELD ON AUGUST 17, 2021 III. ADOPT RESOLUTION APPROVING THE PROPOSED 2022 PROPERTY TAX LEVY AND ACCEPTING THE PROPOSED 2022 BUDGET IV. ADJOURNMENT UNAPPROVED MINUTES HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY, AUGUST 17, 2021 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road HOUSING AND REDEVELOPMENT AUTHORITY MEMBERS: Chair Ron Case, Council Members Mark Freiberg, PG Narayanan, Kathy Nelson, and Lisa Toomey CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Parks and Recreation Director Jay Lotthammer, Community Development Director Janet Jeremiah, City Attorney Maggie Neuville, and Council Recorder Jan Curielli I. ROLL CALL / CALL THE HRA MEETING TO ORDER Chair Case called the meeting to order at 7:02 PM. All HRA members were present. II. APPROVE MINUTES OF HRA MEETING HELD ON DECEMBER 1, 2020 MOTION: Toomey moved, seconded by Nelson, to approve the HRA minutes from December 1, 2020. Motion carried 5-0. III. ADOPT RESOLUTION HRA NO. 2021-01 APPROVING MODIFICATION OF TAX INCREMENT FINANCING PLAN FOR TIF DISTRICT NO. 24—PARAVEL Getschow explained this item is a modification to the plan approved in 2019 for the Presbyterian Homes redevelopment area. This updates the TIF agreement because of timing changes for the construction. MOTION: Narayanan moved, seconded by Nelson to adopt Resolution HRA No. 2021-01 adopting modification of the Tax Increment Financing Plan for Tax Increment Financing District No. 24 – Paravel; to approve and authorize execution of amended and restated Tax Increment Development Agreement for Paravel; and to approve and authorize assessment agreement for Paravel. Motion carried 5-0. IV. ADJOURNMENT MOTION: Freiberg moved, seconded by Toomey, to adjourn the HRA meeting. Motion carried 5-0. Chair Case adjourned the meeting at 7:04 PM. HOUSING AND REDEVELOPMENT AUTHORITY AGENDA DATE: September 7, 2021 DEPARTMENT/DIVISION: Office of the City Manager / Finance, Sue Kotchevar ITEM DESCRIPTION: Resolution approving the proposed 2022 HRA property tax levy and accepting the proposed 2022 budget HRA ITEM NO.: III. Requested Action Move to: Adopt the resolution to approve the proposed 2022 property tax levy to be $205,000 and accept the proposed 2022 budget of $205,000. Synopsis Minnesota Law authorizes the HRA to levy a tax with the consent of the City Council. The HRA must adopt a proposed net property tax levy by September 30 and certify it to the county auditor. Per Minnesota Statute, Housing and Redevelopment Authorities can levy a tax of up to .0185 percent of estimated market value. The proceeds may be spent on planning and implementation of redevelopment and/or low-rent housing assistance programs with the City. The limit for the City of Eden Prairie is $2,115,069. Attachment Resolution HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA H.R.A. RESOLUTION NO. 2021-__ RESOLUTION APPROVING THE HRA PROPOSED 2022 PROPERTY TAX LEVY AND ACCEPTING A PROPOSED BUDGET FOR GENERAL OPERATIONS WHEREAS, the Housing and Redevelopment Authority of the City of Eden Prairie has reviewed the proposed 2022 budget and tax levy; and WHEREAS, the Housing and Redevelopment Authority has decided to accept these recommendations. NOW, THEREFORE, BE IT RESOLVED that the Housing and Redevelopment Authority: 1. Approves the following proposed taxes on real and personal property within the City of Eden Prairie for the 2022 budget contingent upon City Council approval. Levy on Tax Capacity $205,000 2. Approves the 2022 proposed budget totaling $205,000 at this time. ADOPTED by the Housing and Redevelopment Authority on September 7, 2021. ______________________________ Ronald A. Case, Chair SEAL ATTEST: ______________________________ Rick Getschow, Executive Director CITY COUNCIL AGENDA SECTION: Proclamations / Presentations DATE: September 7, 2021 DEPARTMENT/DIVISION: Public Works Jennifer Hassebroek ITEM DESCRIPTION: Presentation of the Green Step Cities Steps 4 & 5 Award for 2021 ITEM NO.: IV.A. Synopsis In 2021 the City achieved Step 4 and 5 levels for the Green Step Cities program. The steps are awarded based on the sustainability best practices completed by the City each year, as well as for reporting and improving on sustainability metrics from the previous year. Awards for reaching the highest step in 2021 are being presented to the City in recognition of all of the City’s work in the area of sustainability. Award is being presented by Diana McKeown of the Great Plains Institute. Background Minnesota Green Step Cities is a voluntary challenge, assistance, and recognition program to help cities achieve sustainability and quality of life goals. The City has participated in the program since 2011.This free program connects cities to resources and technical assistance to complete up to 29 best practices in the areas of buildings and lighting, transportation, land use, environmental management, and community and economic development. By continuing to implement these best practices, the City is moving towards meeting its Climate Action Plan and other sustainability goals. CITY COUNCIL AGENDA SECTION: Proclamations / Presentations DATE: September 7, 2021 DEPARTMENT/DIVISION: Jay Lotthammer, Director, Parks and Recreation ITEM DESCRIPTION: Donation of $1,000 from International School of Minnesota toward PeopleFest ITEM NO.: IV.B. Requested Action Move to: Adopt the Resolution accepting the donation in the amount of $1,000 from the International School of Minnesota to go toward PeopleFest! A Community Celebration of Culture. Synopsis This donation from the International School of Minnesota helps to support the two-week PeopleFest celebration. Background PeopleFest! is a community celebration of culture and a series of educational events that reflect the range of traditions, backgrounds, abilities and expressions of our community through music, dance, visual art, literature, food, history and more. The purpose of PeopleFest! is to bring residents together in celebration and awareness of the many cultures that make Eden Prairie great. 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 in the amount of $1,000 for PeopleFest from the International School of Minnesota is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 7th day of September, 2021. _______________________ Ronald A. Case, Mayor ATTEST: ______________________ Nicole Tingley, City Clerk CITY COUNCIL AGENDA SECTION: Proclamations / Presentations DATE: September 7, 2021 DEPARTMENT/DIVISION: Jay Lotthammer, Director, Parks and Recreation ITEM DESCRIPTION: Donations for Arts in the Park ITEM NO.: IV.C. Requested Action Move to: Adopt the Resolution accepting the contribution in the amount of $1,000 for Arts in the Park from Xcel Energy ($500) and International School of Minnesota ($500). Synopsis Arts in the Park is Eden Prairie’s annual art fair that welcomes local and regional artists and makers to beautiful Purgatory Creek Park where they can sell their artwork, homemade beauty products, artisan foods, unique clothing and more. The event also has food and beer for sale along with free hands-on activities for the whole family. 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 in the amount of $1,000 for Arts in the Park from Xcel Energy ($500) and International School of Minnesota ($500) is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 7th day of September, 2021. _______________________ Ronald A. Case, Mayor ATTEST: ______________________ Nicole Tingley, City Clerk UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, AUGUST 17, 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 Matt Sackett, 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. DEVELOPMENT SITES Case introduced the topic for the evening. He stated there will also be three public hearings at the following meeting and for Council to be prepared for their responses during the meeting. Getschow stated Staff will provide an overview of potential development sites to keep Council updated on upcoming projects they may see. Some of these sites were reviewed during the last Comprehensive Plan update. Klima added she will review properties with current development applications, properties staff is having active conversations with developers on, and properties identified as infill sites with some or no inquiries from developers. When observed on a map, there is no true cluster of properties, but they are scattered throughout the community. Some of the current development applications include the Holiday Station and Auto Care World and Pioneer Preserve. Getschow asked for clarification about the specific commercial districts. Klima responded there are four commercial zoning districts including regional commercial service, neighborhood commercial, community commercial, and highway commercial. Nelson inquired what the difference is between neighborhood commercial and community commercial. Klima responded the zoning ordinance provides special purposes of those zoning districts. Neighborhood commercial is intended to provide goods and services to people and residents in the immediate area. There is a size limit of 50,000 square feet. Community commercial is a step up with providing goods and services to the broader part of the community. Regional services is beyond our community’s borders. Case inquired specifically about neighborhood commercial and how a certain use can be justified for the nearby community. Klima replied some communities will provide different permitted uses within each of the sub zoning districts, but Eden Prairie’s zoning ordinance is not set up this City Council Workshop Minutes August 17, 2021 Page 2 way. Retail services are a permitted use in all of the commercial districts. Case added the subjectivity may be in the size of operations and services being offered in these sub districts. Klima stated other current projects include Johnson Ridge and The Ellie. Johnson Ridge is a single family subdivision coming before Council is September, and the Ellie is an apartment building. Anticipated applications include Eagle Ridge/Greco which is guided for transit- oriented development (TOD). The development proposal includes two buildings, and there are significant amenities proposed with this project. Shutterfly plans to submit an application to demolish their western building. They have a tenant for the eastern building. Toomey inquired what they intend to do with the site. Klima responded currently they have stated it would be an area for native plantings. They would also do some façade remodel to the entrance. Nelson added in the future they could potentially come back with a different use. Klima stated another anticipated application is the Menards Site. The current proposal is for a five story apartment building with about 225 units. Nelson clarified if there would be an outlet on Topview Road. Klima stated in conversations thus far they have discussed moving the outlet as far west on Valley View Road. Nelson inquired if there would need to be adjustments made to the Valley View Road lanes. Klima replied the proposal remains to be seen and further conversations would need to be had with Hennepin County. Klima mentioned another anticipated application at 7544 Market Place Drive just north of CSAH 212 and IH494. Nelson asked if Council could be provided a list of how much vacant office space there is in the City. Klima made note of the request. Another anticipated application is 13905 Chestnut Drive subdivision. The property management company will likely be marketing this property. Case noted there are some wetlands in this location. Klima added the property may not be 100 percent developable. The third category of the presentation reviews potential development properties identified as infill properties in Aspire 2040, prime for redevelopment, or with the potential to subdivide. The first of these in the Marshall Farm Stand. This is currently guided low density residential. Another property, Eden Heights East, has an approved preliminary plat from 2016. It is guided for Low Density Residential. This property has never come in for a final plat and Staff routinely fields calls. The 9614 Crestwood Terrace property is zoned Rural but guided Low Density Residential. There is development potential at Dvorak Farm, Winter Park, and The Enblom properties. Dvorak Farm is guided for Industrial Flex Tech. Winter Park is guided Office. The Enblom properties are guided Industrial Flex Tech. There is a single family home and a cabin on the Enblom properties. The homeowners have put a Minnesota land trust agreement on the properties. The land trust agreement has greater restrictions for office, multifamily, and commercial development. The Super Valu Site, a property with a few inquiries, was originally looking for a master developer to create a master plan. It is likely there will be some sort of proposal in the next few years. Freiberg inquired why the lakefront property wouldn’t have the potential for single family homes. Klima noted access would likely be an issue for single family. 6216 Baker Road is an older office building zoned and guided Office. City Council Workshop Minutes August 17, 2021 Page 3 The have been inquiries about removing the office and building an apartment. Narayanan inquired what the potential would be for apartment units from all the potential development sites. Klima replied she has not researched this number. 6385 Old Shady Oak Road is also an old office building with inquiries to build an apartment building along the east boundary. Nelson inquired how close it is to the light rail. Klima responded a half mile. Klima stated Life Church properties are actively for sale and zoned and guided Public. Staff have received multiple inquiries about multifamily development, which would require a Comprehensive Plan amendment. John Lassen properties to the east are zoned Rural but guided Medium Density Residential. The Minnesota Department of Transportation (MnDOT) Venture Lane Property is infill and guided Mixed Use, and they have had multiple inquiries about multifamily or senior living. The Martin Property at 6585 Eden Prairie Road is a five acre parcel zoned RI-22 guided Low Density Residential. Case noted the site would require brownfield cleanup. Also, one of three 1850s original log cabins in the City is on the property. There is a six acre parcel at 6591 168th Street owned by Gerald Moot zoned Rural and guided Low Density Residential. The Former Pauley Property at 17450 78th Street West is zoned RI-22 and guided Low Density Residential. The property currently continues to be used as a single family residence. 7924 Eden Prairie Road is zoned RI-13.5 and guided Low Density Residential. It currently has a single family home on the parcel. There is potential for redevelopment at the Huber Funeral Home. It is zoned I-2 and guided Commercial. Narayanan asked for a breakdown sites specific to housing and commercial. Case noted there may not be a great depiction of these numbers as some properties may not develop for many years and other properties may become a redevelopment. Klima stated the Seifert property is an 11 acre parcel at 8390 Hiawatha Avenue zoned Rural and guided Low Density Residential. The 9500 Flying Cloud Drive property is zoned Rural and guided Low Density Residential and largely encumbered by wetlands. There are multiple vacant properties at 9051, 9061, 9125 Flying Cloud Drive. They are all zoned I-2 and guided Medium Density Residential. Two are under common ownership and the other two properties are individually owned. Marshall Farm, 30 acres in size, is another large property zoned Rural and Guided Low Density Residential. There is a creek running through the south portion of the property, so a portion of the property would not be developable. 17305 and 17325 Pioneer Trail are 5.7 acres total and zoned Rural but guided Medium Density Residential. The Hennepin County Property at 8928 Preserve Boulevard is zoned RM-6.5 and guided Medium Density Residential. The Kurt Johnson Property, about two acres in size, is zoned RI-22 and guided Medium High Density Residential. It does not have direct access but does have easement access. Case noted there is a historic home on this property. Klima stated there is also an odd-shaped property off Hennepin Town Road zoned Office and guided Commercial. The Mill Creek Property, on Pioneer Trail was set up to anticipate townhomes. It is zoned RM-6.5 and guided Medium Density Residential. 10720 Hennepin Town Road and the Saunders Properties are not served by municipal services but are within City Council Workshop Minutes August 17, 2021 Page 4 the urban service boundary. Case noted the flood plains. Klima stated 9900 Spring Road is a 1.5 acre property zoned Rural and guided Low Density Residential. Kline Property at 9700 Eden Prairie Road, Pemtom Property at 9740 Eden Prairie Road, and Bunn Property at 9850 Eden Prairie Road are zoned Rural and guided Low Density Residential. Properties west of Reeder Ridge off Beverly Drive are all zoned Rural and guided Low Density Residential and under common ownership. Properties at 10001, 10003, and 10005 Dell Road are all zoned Rural and guided Low Density Residential above the Metropolitan Urban Service Area (MUSA) line. South of the line is not developable. The Ingram Property is six acres and zoned Rural and guided Low Density Residential. 18011 Pioneer Trail property is zoned Rural and guided Low Density Residential and may not all be developable with wetlands. 18392 and 19108 Twilight Trail is zoned RI-13.5 and guided Low Density Residential as it is surrounded by single family residential. Case stated he would appreciate annual updates. II. HOUSING ASSISTANCE UPDATES Stanley stated the federal eviction moratorium expires in October, but the Minnesota eviction moratorium supersedes it. Minnesota is in phase three where landlords can terminate leases and not renew leases behind on rent and ineligible for COVID-19 emergency rental assistance. Phase four begins September 12, and phase five begins October 12. This is when landlords can end a lease for any legal reason with appropriate notice under the lease. Landlords can file evictions for any legal reason except for non-payment of rent evictions for tenants who have a pending COVID-19 emergency rental assistance application. RentHelpMN is overseeing rental assistance. By June 1, 2022, protections for tenants with pending COVID-19 emergency rental assistance applications expire. Staff reached out to a two organizations to better grasp the number of people seeking housing assistance in Eden Prairie. In Eden Prairie there were significantly less evictions in 2020 than 2019 and even less to date in 2021. HomeLine is receiving calls more strictly about breaking leases, evictions, notice to vacate, financial aid, and rent increases. People Reaching Out to People (PROP) expects a surge of clients when the moratorium expires. They are directing people to RentHelpMN, and if they cannot help they are utilizing community development block grant (CDBG) Coronavirus Aid, Relief, and Economic Security (CARES) Act Funds. They also provide mortgage assistance. Many are over the income limit to qualify for these funds. Case noted with the lull in evictions the fear is there will be a spike once the moratorium expires. Stanley added 2019 was a typical year for number of evictions. Nelson inquired what types of households are potentially facing eviction. Stanley stated since the start of the pandemic PROP has assisted with rental assistance and food service for over 8,200 households. They do not have enough data on demographics of those receiving assistance. Open Podium - Council Chamber (6:30) III. OPEN PODIUM IV. ADJOURNMENT UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, AUGUST 17, 2021 7:00 PM, CITY CENTER CITY COUNCIL Mayor Ron Case, Council Members Mark Freiberg, PG 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, City Planner Julie Klima, Police Chief Matt Sackett, Fire Chief Scott Gerber, City Attorney Maggie Neuville, and Council Recorder Jan Curielli I. CALL THE MEETING TO ORDER Mayor Case called the meeting to order at 7:00 PM. All Council Members were present. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS / PRESENTATIONS V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added Items XIV.A.1.,A.2., and A.3. MOTION: Nelson moved, seconded by Freiberg, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, JULY 13, 2021 B. CITY COUNCIL MEETING HELD TUESDAY, JULY 13, 2021 Getschow noted there was a typo in the Council Workshop minutes in the first sentence of Item 1 on Page 1. MOTION: Toomey moved, seconded by Freiberg, to approve the minutes of the Council workshop held Tuesday, July 13, 2021, as amended, and the City Council meeting held Tuesday, July 13, 2021, as published. Motion carried 5-0. CITY COUNCIL MINUTES August 17, 2021 Page 2 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK’S LICENSE LIST B. ADOPT RESOLUTION NO. 2021-60 APPROVING FINAL PLAT OF NOBLE HILL C. APPROVE USE OF $46,730.94 CDBG-CV CARES ACT FUNDS FOR PROP D. APPROVE USE OF $25,500 CDBG-CV CARES ACT FUNDS FOR PROP SHOP E. APPROVE AGREEMENT WITH CITY OF BLOOMINGTON FOR ANIMAL IMPOUND SERVICES F. APPROVE CHANGES TO EDEN PRAIRIE FIREFIGHTER RELIEF ASSOCIATION (EPFRA) BYLAWS G. AUTHORIZE LEASE AGREEMENT WITH EDEN PRARIE SCHOOL DISTRICT FOR USE OF LOCKER ROOM SPACE AT COMMUNITY CENTER H. APPROVE SUB-GRANT AGREEMENT WITH TP PARAVEL INVESTOR LLC FOR $885,000 MET COUNCIL LCDA GRANT FOR PARAVEL PROJECT I. APPROVE COAL TAR SEALANT TOLLING AGREEMENT J. ADOPT RESOLUTION NO. 2021-64 AWARDING CONTRACT TO KRAEMER NORTH AMERICA, LLC FOR DUCK LAKE ROAD RECONSTRUCTION PROJECT K. APPROVE AGREEMENT WITH BOLTON & MENK FOR CONSTRUCTION SERVICES FOR DUCK LAKE ROAD RECONSTRUCTION PROJECT L. APPROVE AGREEMENT WITH AET FOR MATERIALS TESTING FOR DUCK LAKE ROAD RECONSTRUCTION PROJECT M. APPROVE CD3 SYSTEM SERVICES AND SOFTWARE LICENSE AGREEMENT WITH CD3, GENERAL BENEFIT CORPORATION FOR CLEANING STATION AT LAKE RILEY BOAT LANDING N. AWARD CONTRACT TO PARROT CONTRACTING INC. FOR OLD SHADY OAK ROAD CULVERT IMPROVEMENTS CITY COUNCIL MINUTES August 17, 2021 Page 3 O. APPROVE AGREEMENT WITH STANTEC CONSULTING SERVICES INC. FOR 2021 POND DREDGING PROJECTS MOTION: Narayanan moved, seconded by Freiberg, to approve Items A-O on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS / MEETINGS A. HOLIDAY CONVENIENCE STORE & AUTO CARE WORLD SERVICE CENTER by R.J. Ryan Construction. Resolution for Planned Unit Development Concept Review on 3.96 acres; First Reading of Ordinance for Planned Unit District Review with waivers on 3.96 acres; Resolution for Preliminary Plat on 3.96 acres (Resolution for PUD Concept Review, Ordinance for PUD District Review, Resolution for Preliminary Plat) Getschow stated the applicant is requesting approval to construct a 5,200 square foot gas station/convenience store with a car wash and an 11,280 square foot auto repair facility on the property located in the NW corner of the intersection of Pioneer Trail and Hennepin Town Road. The Planning Commission voted 8-0 to recommend denial of the project at the June 14, 2021 meeting. Peter Coyle, attorney with the law firm of Larkin, Hoffman, acknowledged the helpfulness of City staff. He noted he was surprised the Planning Commission denied the application. Mario Cocchiarella, Maplewood Development and Construction Company, stated he purchased the property out of bankruptcy and tax forfeiture. They consulted with City staff about permitted uses under the PUD, and a gas station and convenience store was at the top of the list as far as approved uses. He has reviewed the previous plans submitted for this land as well as for other gas and convenience projects in the City, and noted the required review process for such projects is quite rigorous. There was always someone on this land and it was farm land originally. By zoning land, we set a tone for what will be built on the property. He believed the charge of the Planning Commission and the City Council is to be forward thinking enough to recognize the value of the thoughtful planning required and to refer to the type of framework established for this property. Planning staff recommended approval and did state this is an acceptable use. With this application he believed we have a responsible franchisee in Holiday. They have a long history of doing things correctly. He would encourage the Council to approve the application. At the neighborhood meetings nobody expressed surprise at the use proposed despite the objections to the project. This project is commensurate with the permitted uses. Dan Lavender, project engineer, gave a PowerPoint presentation showing the details of the project and the changes made since meeting with the Planning Commission. He noted they added an access to Breezy Way, removed two parking stalls, enlarged the landscape island and added three EV charging stations. They revised the driveway at CITY COUNCIL MINUTES August 17, 2021 Page 4 Breezy Way to be a right out/left in only with appropriate signage and striping to prevent traffic from using Belmont Lane through the neighborhood. The project has an easement over Breezy Way. The traffic analysis shows acceptable levels of service during the a.m. peak. There is an existing poor level of traffic during the p.m. peaks. As a solution to the additional traffic from this project, they propose installing a flashing yellow light at Hennepin Town Road and Pioneer Trail for southbound traffic to reduce queueing that occurs at the intersection. The yellow light would be fully funded by the developer. They have also agreed with the City Engineer to ¾ access at the site driveway once traffic levels reach the 2023 expected levels. Toomey asked if the ¾ access is on Breezy Way or Hennepin Town Road. Mike Schofner, project developer and builder, replied it is Hennepin Town Road. Mr. Coyle observed this site has long been zoned and guided for commercial use, so this is not a recent usage for this land. The landowner is entitled to the use of his land according to City zoning ordinances. There have been multiple conversations with developers for potential gas station uses. He noted not to include the access off Pioneer Trail was a compromise for them. The City’s planned use is approved, and the PUD ordinance process provides an allowance for flexibility in the application. They took several of the proposed waivers off the table with the current modifications. The City has already approved undersized lots for the property for previous applicants. There are two permitted, auto-related uses that will share access to this development. The requested waivers are justified by the site and building plan. The plans do not conflict with the City’s 2040 Comprehensive Plan. They have asked for a waiver for both the minimum lot size and width, and those waivers will bring the property closer to the required minimums. The third waiver relates to the internal parking setback. A separate canopy from the building itself ensures a safe and secure access, and the flat roof design of the canopy allows efficiency of operations for the site. They believe the placement of the gas station canopy away from the residential neighborhood to the west enhances the well-being of the residents. Case commented the Council has sat through a few stressful and controversial meetings this summer. He thanked the audience for being respectful of the proponent, and noted all of the Council Members are Eden Prairie residents. He asked that a couple of people from the audience speak and represent the others in attendance, although everyone is able to speak if they want. He noted he has had very respectful conversations with Mr. Schofner as well. Jay Stankiewicz, 10016 Shadow Pond Drive, noted he has been looking at this proposal for two years. He wanted the Council to make the right decision about this proposal. The truth of the matter is that the minor changes made by the developer do not remotely address the major concerns for which the Planning Commission voted unanimously to deny the request. Among the concerns not addressed were the increased traffic issues at an intersection already given a grade of “F”; the service center’s location within a stone’s throw of many residential homes; and the non—residential commuters the development will bring into the area 24 hours a day, seven CITY COUNCIL MINUTES August 17, 2021 Page 5 days a week, and 365 days a year. This will shoehorn an overly large development on acreage that cannot support it. This would be one of the largest operations in the City built in the middle of a densely-populated residential area. Mr. Stankiewicz continued by stating interpretation of the neighborhood commercial district matters because the purpose of that classification is to serve the residents of the immediate neighborhood and to minimize the adverse effects on the adjoining residential uses. He stated the neighborhood does not need this development. The residents have paid their taxes and made investments in their homes here with good faith to be able to continue to live their lives in a clean, healthy and safe environment. This isn’t the right business for this site, and it is not the right intensity. The land around the site has been developed since this land was purchased many years ago. In addition, he believed the proponents’ lack of communication with the neighborhood is disgraceful. Jerry Maher, 9778 Belmont Lane, said he serves as the President of the Bluff Country Village Association. He explained the Bluff Country Village townhomes have access only to Hennepin Town Road by a U-shaped drive formed by Belmont Lane and Breezy Way. This proposed development is not needed in this neighborhood, nor does the Costco-sized development fit into the neighborhood. No Eden Prairie gas stations have been built that close to existing residential properties. Currently, traffic in the afternoon peak hours can cause residents of Bluff Country Village to wait 15 minutes to exit their homes. This proposal will bring 252 more vehicles onto Hennepin Town Road. Traffic will have to go through Hennepin Town Road despite making Breezy Way an entrance off Pioneer Trail. This project will effectively make Belmont Lane no longer private. The ¾ access proposed simply makes things worse. The deal by which Bluff Country Village will pay 50% of the cost to maintain Belmont Lane and Breezy Way will be onerous to the residents. He asked the City Council to reject the proposal. Bruce Baron, 9781 Belmont Lane, stated he spent his working career building roads for the City of Minneapolis. Belmont Lane is a residential road and cannot withstand a heavy increase in traffic because it is a private road and was not designed for heavy traffic. The Homeowners Association owns the road, and they will be stuck with the repair of the private road. He was concerned the clientele at a 24-hour business from the hours of 2:00 to 5:00 a.m. is not the type the residents would want in their neighborhood. The 24-hour convenience store can become a rendezvous spot, and the town home community there would become a prime target for crime. Alicia Reeves, 9673 Belmont Lane, reported she is the President of the Bluff Country Village condos. She was concerned there are two bus stops located at the road intersections in the area. MOTION: Nelson moved, seconded by Freiberg, to close the public hearing. Motion carried 5-0. CITY COUNCIL MINUTES August 17, 2021 Page 6 Case thanked the residents present for allowing a limited number of residents to speak on behalf of the rest. He noted the Council has received many email comments so he felt the Council Members are pretty knowledgeable about the development proposal and the viewpoints of residents from the surrounding neighborhoods. Nelson asked how many pumps are proposed for the gas station. Klima replied 16 pumps are proposed. Nelson then asked how many pumps the typical gas station would have and how many a gas station located in a local neighborhood would have. Klima replied the number of pumps for gas stations in Eden Prairie ranges from six to 14, and three of the existing 12 gas stations in Eden Prairie are in residential areas. Nelson asked if this gas station would be open 24 hours a day. Mr. Schofner replied it would be. Nelson asked if the car wash would also be open 24 hours a day. Klima responded it would be open 24 hours according to the application. Nelson asked about the number of stalls and the hours of operation for the repair business. Klima replied the hours are 7:00 a.m. to 5:00 p.m. Monday through Friday with some Saturday hours, and there are ten bays planned for the repair service. Nelson commented in all of our areas of planning for community commercial, gas stations were allowed but consideration was given to the surrounding community itself. It sounds like this development would not fit into neighborhood commercial. In a different kind of zoning, this might be quite appropriate, but she was not sure it was appropriate to have neighborhood commercial that generates a lot of traffic with access on a private street. She thought this development does not sound reasonable for this neighborhood, and she was concerned about privacy. Case explained no one should want the Council to make decisions based on a noisy audience or the volume of emails received. We have representative government in America because we need reasoned and studied deliberation. Our job is view the whole picture and allow the developer to give a complete and total review and also to allow the surrounding neighborhoods to give their perceptions. We don’t choose the types of projects that fit within zoning ordinances nor do we choose the developer, the brands or the companies. Owners have that land-owning right. This property sits at a strategic location in southeast Eden Prairie, and it has been zoned neighborhood commercial for many years. Anyone doing their due diligence prior to purchase would see this property is already zoned neighborhood commercial which does include a gas station. While there has not been a new gas station built in our City for many years, this particular project would be the largest gas station in town except for Costco. Since the 1990’s our City Councils have been very careful not to approve the overbuilding of neighborhood commercial in residential areas. He believed a gas station open 24 hours with 16 pumps, a carwash, a 10-bay auto repair facility and a bright canopy meets the definition of overbuilt. We currently have commercial property in the City that has attracted this type of development within the regional commercial areas and not in proximity to a large residential area. He cautioned the property owner and future developers as well as the neighbors to the northwest that something will go into this location and it will undoubtedly increase the traffic volume. However, tonight he couldn’t vote for this project as proposed. We haven’t CITY COUNCIL MINUTES August 17, 2021 Page 7 limited the number of pumps for gas stations as many cities do. If the project is denied by the Council tonight, he asked staff to work with the landowner to creatively problem solve other possibilities to fully actualize the value of the land with a less intense use of the land with a lower impact on the traffic situation. Freiberg asked what kind of trucks would use the taller repair bay planned for the auto care store. Mr. Schofner replied it would not be large enough to accommodate a semi. Freiberg related he has walked the property, and this proposal looks like the developer is trying to stuff as much building as possible into this small property. He was concerned about the height of the buildings so near the residential areas. He was concerned about the easement on a private road which brings the question of upkeep needed because of the heavy traffic that will now use the road. He believed this would take advantage of the homeowners’ association because the association would be on the hook for the road repairs. He looked at the traffic in this area as a possible disaster. Even as it is now, the traffic there is deadly. Customers of the day care and Walgreens use the roads here as well and the increased traffic would endanger children. He saw problems if this development were to be built. Nelson questioned the size of the development because this isn’t a Costco situation. This development is not right for this neighborhood and she was not inclined to differ from the Planning Commission at this point. This would be a very large development, and it is not what she envisions for neighborhood commercial. It doesn’t seem like it would fit in this neighborhood, especially with this particular road situation. Narayanan asked how far this development is from the nearest home. Klima replied the development is 65-70 feet from the other buildings in the area. Narayanan was concerned about the volume of truck traffic from Hwy 169 at 2:00 a.m. with the proposed 24-hour operation of this project. He commented the work at the car repair bays could be a source for high pitched noise and would be annoying to the neighbors. He asked if a noise study had been done. Klima replied a noise study was not completed. Narayanan asked about the tree replacement plan. Klima explained the plan with this application will replace the number of trees required for this development and will pay cash park fees in lieu of planting the extra trees required as a result of transfer from other surrounding projects already completed. Narayanan expressed concern about the size of the development, the 24-hour operation, and the traffic coming off Hwy 169 at 2:00 a.m. He asked if diesel fuel will be sold at the gas station. Mr. Coyle replied both gas and diesel will be sold there. Mr. Coyle corrected previous statements given including the fact the car wash will not operate 24 hours a day and will close at 10:00 p.m. He said three opportunities were given for neighborhood input. Narayanan stated our sustainability goal is for net zero pollution, and here we are being asked to approve a 24-hour gas station that would add to the pollution from that many gas pumps and from the auto repair operation. He wondered how this works, strategically, in the long term. CITY COUNCIL MINUTES August 17, 2021 Page 8 Toomey asked how many of the three gas stations in residential areas were in place before the neighborhood was developed. Klima could not confirm that. Toomey agreed there are concerns about noise and safety as well as the increased traffic. She was reluctant to support this big a development in proximity to the homes on Bridgehill Terrace. It is too big and too close to the residential areas. She believed it would be irresponsible for her to support something like this. Case explained this is the first time the five Council Members have talked about this issue together, and the audience is witnessing government in action as we think through this project. He again cautioned something will go into that corner property. Our current zoning policies allow for flexibility on the part of the developer, but also allow for flexibility on the part of the City Council to take into consideration the intensity of use and its impact on the proposed site. This particular project does not feel like an appropriate use for this site Case asked about the process if we direct staff to bring back findings of denial. Neuville replied the Council would direct staff to prepare findings of denial, and the findings would be brought back to the Council for approval. MOTION: Narayanan moved, seconded by Freiberg, to direct staff to prepare Findings for Denial of the PUD concept review, the PUD District review with waivers, the preliminary plat and the site plan. Motion carried 5-0. Case thanked the applicants for their interest in Eden Prairie. B. ASIAN PLAZA by Xing Zhao. Resolution No. 2021-61 for Planned Unit Development Concept Review on 4.68 acres; First Reading of Ordinance for Planned Unit District with waivers on 4.68 acres. (Resolution No. 2021-61 for PUD Concept Review, Ordinance for PUD District Review) Getschow said the applicant is proposing to repurpose the former Gander Mountain property. The property would be used as a retail center with tenant spaces including retail, restaurants and offices. Specifically, the plans include a large main level Asian grocery store with several tenant spaces and Asian themed food services. The building currently includes a mezzanine area measuring 16,750 square feet in size. The applicant is proposing to expand the mezzanine area to provide an additional 15,550 square feet of floor area. This increase in floor area requires an increase in parking to be provided on site in order to comply with City Code parking requirements. The applicant is requesting a waiver to the parking requirements to allow the additional floor area to be added without constructing additional parking stalls at this time. Staff recommends the development agreement include proof of parking, which is language that allows the City the discretion to determine the timing and the amount of structured parking necessary. Similar language has been included in the approvals for other properties in commercial and industrial zones. The Planning Commission voted 7-0 to recommend approval of the project at the June 28, 2021, meeting. CITY COUNCIL MINUTES August 17, 2021 Page 9 Jay Isenberg, consulting architect, gave a PowerPoint about the project which is designed to be a regional gathering place for the Asian community. He reviewed the floor plans for the first and second floor and stated the building will have a mix of food services, restaurants, a food court, an Asian grocery and small offices. He reviewed the parking demand and traffic study which was completed after the mezzanine expansion triggered additional parking requirements. They determined the initial parking demand could be accommodated by the existing 294 spaces and have submitted the request for a PUD parking waiver. They expect the redeveloped property will be in line with the Eden Prairie Aspire 2040 Plan. In addition, the mezzanine expansion triggered a structural review of the foundation and column structure. They expect the redeveloped property will have a low impact on the surrounding properties and roadways. He reviewed the site plan improvements proposed and pointed out the materials planned for changes to the exterior to give the building a more Asian feeling. There were no comments from the audience. MOTION: Toomey moved, seconded by Nelson, to close the public hearing. Motion carried 5-0. Toomey asked what other types of businesses would be in the building besides food. She noted at the time she visited the site there was talk about a school and a bank going in there. A representative of the applicant reviewed the tenants planned for the building which were primarily food-related businesses. He noted there will be no schools or tutoring in the building. Narayanan expressed his excitement over the project and asked if there will be a drive-through. The applicant replied there will be no drive-through. Narayanan then asked if there are plans to fortify the roof so it could support solar panels. A representative of the applicant identified himself as a part owner of the property and explained they have discussed adding solar to the building but it would probably be five years out. Narayanan commented the number of charging stations seems low in light of our efforts to be carbon neutral. This may be an opportunity to increase the number of charging stations. Case agreed the subject of the future of EV cars is important and suggested that could be a subject for a future Council workshop where we could have input from experts in the field and possibly determine a ratio to consider with future plans. Nelson commented several people have asked her when this will open, and they are very excited about it coming to Eden Prairie with the planned variety of Asian foods. She liked the looks of the project. Freiberg liked what they are doing and the concept is outstanding. The idea of sit down restaurants comes up all the time so that is another big plus for this project. CITY COUNCIL MINUTES August 17, 2021 Page 10 Case was thrilled they chose Eden Prairie and believe we are so welcoming and inclusive you wanted to settle here. MOTION: Freiberg moved, seconded by Nelson, to adopt Resolution No. 2021-61 for a Planned Unit Development concept review on 4.68 acres; to approve the first reading of the ordinance for a Planned Unit Development District review with waivers on 4.68 acres; and to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions. Motion carried 5-0. C. BURGER KING by Cave Enterprises Operations, LLC. Resolution No. 2021-62 for Planned Unit Development Concept Review on 1.34 acres; First Reading of Ordinance for Planned Unit District with waivers on 1.34 acres (Resolution No. 2021-62 for PUD Concept Review, Ordinance for PUD District Review) Getschow said the applicant is requesting approval to construct a new Burger King restaurant with two (2) drive thru lanes at 16345 Terrey Pine Drive. The property is located at the corner of Eden Prairie Road and Highway 5. The property is zoned Hwy-Commercial and is guided for commercial use. The applicant is requesting PUD waivers. The previous use on the property was a Burger King restaurant, which is currently vacant. Adjacent uses include commercial to the east and south and Highway 5 to the north. The applicant is proposing to demolish the existing restaurant building to construct the new restaurant building. The proposed building is approximately 3,280 square feet. The Planning Commission voted 7-0 to recommend approval of the project at the June 28, 2021, meeting. Kevin Kinney, Director of Operations for Cave Enterprises, reported his family- owned company is very involved in community organizations. They have a goal to operate their business as a good partner and neighbor in the community. Kevin Dummer, representing KOMA Architects, gave a PowerPoint presentation about the project. The new building will be the first of a new prototype for Burger King restaurants. He reviewed the elevations of the building and the outside playground proposed. They were able to reduce the amount of parking so they increased the amount of landscaping. He noted the hours of operation work well with the new coffee shop to be built nearby. He reviewed the landscape plan and the sustainability components included in the plans. There were no comments from the audience. MOTION: Freiberg moved, seconded by Nelson, to close the public hearing. Motion carried 5-0. Freiberg asked why the existing building could not be remodeled and expressed a general concern regarding avoiding whatever issues were encountered by the two previous Burger King restaurants in the City. Mr. Dummer explained this building had been remodeled a couple of times and did not fit well in the new model which is CITY COUNCIL MINUTES August 17, 2021 Page 11 designed more for drive-through dining than for sit-down customers. Nelson was glad they chose to build new rather than remodel. She expressed hope someone will do something at the other Burger King location. Narayanan stated this is one of the properties he has been asked about often over the last three years. He was very excited about the new design and the new architecture. MOTION: Toomey moved, seconded by Narayanan, to adopt Resolution 2021-62 for a Planned Unit Development concept review on 1.34 acres; to approve the first reading of an ordinance for Planned Unit Development District review with waivers on 1.34 acres; to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions; to authorize the issuance of an early land alteration permit for Burger King at the request of the developer subject to the conditions outlined in the permit; and to authorize the issuance of an early footing and foundation permit for Burger King at the request of the developer subject to the conditions outlined in the permit. Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Narayanan moved, seconded by Nelson, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey and Case voting “aye.” XI. ORDINANCES AND RESOLUTIONS A. INCLUSIONARY HOUSING (First Reading of Ordinance; Resolution No. 2021-63) Getschow pointed out the Council formed a task force to study inclusionary housing and has had much discussion about the topic at many workshops and meetings. All of the discussion has brought us to the point where we have an inclusionary housing ordinance to present. Jonathan Stanley, Housing and Community Services Manager, gave a PowerPoint overview of the new policy, which was based on the results of research by the staff and the Housing Task Force. He reviewed the Task Force and staff recommendations for the ordinance and the actions requested from the Council. He noted most of the recommendations match those of the Task Force with some changes: the term of inclusionary units will be in perpetuity; a payment in lieu option for attached for-sale developments (condos and coops); and projects receiving TIF must add an additional 5% at/below 80% of AMI. Freiberg asked how single family housing would fit into the ordinance. Stanley replied single family developments are not included in the ordinance. CITY COUNCIL MINUTES August 17, 2021 Page 12 Case thanked Mr. Stanley for his time and effort on this new ordinance. MOTION: Narayanan moved, seconded by Nelson, to approve first reading of an ordinance enacting a new City Code Chapter 13 relating to inclusionary housing; to adopt the City of Eden Prairie Inclusionary Housing Policy; and to adopt Resolution No. 2021-63 amending the Comprehensive Municipal Plan to add the text of the Inclusionary Housing Policy. Motion carried 5-0. XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Honoring Kitty Porta – Mayor Case Case reflected Kathleen (Kitty) Porta has been our City Clerk for many of her 33 years with the City. Her last day of work is this Friday. During her time with the City, she has done a phenomenal job running elections year after year. He has heard many election judges commented on her excellent leadership of the election process. We are pleased to have had her as our City Clerk and wish her well in her retirement. 2. Flying Cloud Airport Noise Complaints – Mayor Case Case reported he has been getting more complaints from people about the number of planes and amount of noise increasing at the airport. There is a perception that things are changing there. He realized there is not a lot we can do, but we continue to work with the Metropolitan Airport Commission on the conditions there through the work of our Flying Cloud Airport Advisory Committee (FCAAC). He wanted people to understand we are knowledgeable about the situation and are continuing to work on it. He suggested we task the FCAAC to develop a communication plan as soon as possible to address the increased number of complaints. 3. Tree Removal Along Anderson Lakes Parkway – Mayor Case Case asked Mr. Lotthammer to bring back a report about how the City could be involved with concerns expressed about the tree removal on the pie-shaped property along Anderson Lakes Parkway across from Eden Lake Elementary. He understood the complete removal of trees on the property was done legally; however, he wanted to investigate our tree preservation policy as it relates to property under ½ acre. He would like the City to be involved in conversations with the property owner and the neighbors. CITY COUNCIL MINUTES August 17, 2021 Page 13 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: Toomey moved, seconded by Freiberg, to adjourn the meeting. Motion carried 5-0. Mayor Case adjourned the meeting at 9:29 p.m. - 1 - CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: September 7, 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/Bingo Organization: Minnesota Outdoor Heritage Alliance Place: Fat Pants Brewing 8335 Crystal View Road Date: October 14, 2021 Amendment to Liquor License On-Sale & Sunday Taproom & Off-Sale Small Brewer Fat Pants Brewing Company LLC DBA: Fat Pants Brewing Company 8335 Crystal View Road Expansion of licensed premises: Addition of approximately 2825 square feet for dining/event space contiguous with Fat Pants existing taproom. Requested Action Move to: • Approve the 2nd Reading of the Ordinance for the Planned Unit Development District Review with waivers on 4.68 acres. • Adopt a Resolution for Site Plan Review on 4.68 acres. • Approve the Development Agreement for Asian Plaza. Synopsis This is the final reading for Asian Plaza. The applicant is requesting approval to construct site improvements and a façade remodel as part of repurposing the former Gander Mountain store to an Asian themed retail center. Additionally, the request includes a PUD waiver to the parking requirements. The Development Agreement includes language addressing the construction of any additional parking in the future, if needed. Background The 120-day review period expires on September 20, 2021. Attachments 1. Ordinance for PUD 2. Ordinance Summary 3. Resolution for Site Plan 4. Development Agreement CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: September 7, 2021 DEPARTMENT/DIVISION: Community Development/Planning Janet Jeremiah/Julie Klima ITEM DESCRIPTION: Asian Plaza ITEM NO.: VIII.B. ASIAN PLAZA CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 11-2021-PUD-6-2021 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE DESIGNATION OF CERTAIN LAND WITHIN A ZONING DISTRICT AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the “land”) is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the designation of the land be amended within the C-REG-SER Zoning District as 11-2021-PUD-6-2021 (hereinafter "PUD-6-2021”). Section 3. The City Council hereby makes the following findings: A. PUD-6-2021 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-6-2021 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-6-2021 are justified by the design of the development described therein. D. PUD-6-2021 is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 4. The proposal is hereby adopted and the designation of the land shall be, and hereby is amended in the C-REG-SER Zoning District as Planned Unit Development PUD- 6-2021 and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 5. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of September 7, 2021 entered into between Asian Plaza Property, LLC, and the City of Eden Prairie (hereinafter “Development Agreement”). The Development Agreement contains the terms and conditions of PUD-6-2021, and are hereby made a part hereof. Section 6. 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 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 17th Day of August, 2021, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 7th day of September, 2021. ATTEST: _______________________________ ___________________________ Nicole Tingley, City Clerk Ronald A. Case, Mayor PUBLISHED in the Sun Sailor on September 16, 2021. EXHIBIT A PUD Legal Description Legal Description Lot 1, Block 1, Gander Mountain, Hennepin County, Minnesota. Abstract Property ASIAN PLAZA CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 11-2021-PUD-6-2021 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING THE DESIGNATION OF CERTAIN LAND WITHIN A ZONING DISTRICT AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows amendment of the zoning designation of land located within the C-REG-SER Zoning District into a Planned Unit Development District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: __________________________ ________________________ Nicole Tingley, City Clerk Ronald A. Case, Mayor PUBLISHED in the Sun Sailor on September 16, 2021. (A full copy of the text of this Ordinance is available from City Clerk.) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2021-____ A RESOLUTION GRANTING SITE PLAN APPROVAL FOR ASIAN PLAZA BY ASIAN PLAZA PROPERTY, LLC WHEREAS, Asian Plaza Property, LLC, has applied for Site Plan approval of Asian Plaza for a parking waiver; and WHEREAS, zoning approval for a repurposing of the former Gander Mountain site was granted by an Ordinance approved by the City Council on September 7, 2021; and WHEREAS, the Planning Commission reviewed said application at a public hearing at its June 28, 2021 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its August 17, 2021 meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval is granted to Asian Plaza Property, LLC, subject to the Development Agreement between Asian Plaza Property, LLC and the City of Eden Prairie, reviewed and approved by the City Council on September 7, 2021. ADOPTED by the City Council of the City of Eden Prairie this 7th day of September, 2021. ____________________________________ Ronald A. Case, Mayor ATTEST: ___________________________ Nicole Tingley, City Clerk 1 Project Name Development Agreement Date of Approval DEVELOPMENT AGREEMENT ASIAN PLAZA THIS DEVELOPMENT AGREEMENT (“Agreement”) is entered into as of __________, 2021, by Asian Plaza Property, LLC, a Minnesota limited liability company, hereinafter referred to as “Developer,” its successors and assigns, and the CITY OF EDEN PRAIRIE, a Minnesota municipal corporation, hereinafter referred to as “City”: WITNESSETH: WHEREAS, Developer has applied to City for Planned Unit Development Concept Review on 4.68 acres, Planned Unit Development District Review with waivers on 4.68 acres, and Site Plan Review on 4.68 acres, (the “Applications”), for real property legally described on Exhibit A (the “Property”); WHEREAS, the Property is currently subject to that certain Development Agreement between KTJ Limited Partnership One Hundred Thirty Four and City dated June 20, 2006, recorded with the Hennepin County Recorder on July 13, 2006 as Document No. 8826753 (“Original Development Agreement”). NOW, THEREFORE, in consideration of the City adopting Resolution No. __________ for Planned Unit Development Concept Review, Ordinance No. __________ for Planned Unit Development District Review on _______ acres, and Resolution No. ____________ for Site Plan Review, Developer agrees to construct, develop and maintain the Property as follows: 2 Project Name Development Agreement Date of Approval 1. PLANS: Developer must develop the Property in conformance with the materials revised and stamp dated ______________, reviewed and approved by the City Council on August 17, 2021, identified on Exhibit B (hereinafter the “Plans”), subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 3. DEVELOPER’S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Property and construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement, City will give 24 hours’ notice of such violation, or such longer period as determined by the City in its sole discretion given the nature of the violation, in order to allow a cure of such violation. The City need not issue a building or occupancy permit for construction or occupancy on the Property while such a violation is continuing, unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement will be determined solely and conclusively by the City Manager or his or her designee. 4. DEVELOPER’S RESPONSIBILITY FOR ITS CONTRACTORS: Developer will release, defend and indemnify City, its elected and appointed officials, employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys’ fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and agents. Developer will not be released from its responsibilities to release, defend and indemnify because of any inspection, review, or approval by City. 5. ELECTRIC VEHICLE CHARGING STATION(S): Developer has volunteered to furnish and install two (2) electric vehicle charging stations in the lower level parking area in accordance with the Exhibit B Plans. This paragraph 5 is not subject to the enforcement provisions contained in this Agreement. 6. EXTERIOR MATERIALS: As part of the building permit application materials, Developer must submit to the City Planner, and receive the City Planner’s written approval of a plan depicting exterior materials and colors to be used on the buildings on the Property consistent with the Exhibit B Plans. Prior to issuance of any occupancy permit for the Property, Developer must complete implementation of the approved exterior materials and colors plan in accordance with the terms and conditions of Exhibit C. 7. FUTURE DEVELOPMENT: Developer acknowledges that the City has not approved development plans for the pavilion noted on the Exhibit B Plans. Prior to any construction 3 Project Name Development Agreement Date of Approval of accessory structures or increased impervious areas on the Property, Developer must submit detailed development plans, and all other submittals required by the Eden Prairie City Code, and obtain approval of those plans and submittals by the Planning Commission and City Council, if applicable. 8. IRRIGATION PLAN: If irrigation is installed on the Property, Developer must submit to the City Planner and receive the City Planner’s written approval of a plan for irrigation of the landscaped areas on the Property. The irrigation plan must be designed so that water is not directed on or over public trails and sidewalks. Developer must complete implementation of the approved irrigation plan in accordance with the terms and conditions of Exhibit C. 9. LANDSCAPE PLAN: Prior to issuance of a building permit, the Developer must submit to the City Planner and receive the City Planner’s written approval of an executed landscape agreement and a final landscape plan for the Property. The approved landscape plan must be consistent with the quantity, type, and size of all plant materials shown on the landscape or tree replacement plan on the Exhibit B Plans and including all proposed trees, shrubs, perennials, and grasses. Any trees proposed in the approved landscape plan must be trees of a 2.5-inch diameter minimum size for a shade tree and a 6-foot minimum height for conifer trees. The approved landscape plan must also provide that, should actual tree loss exceed that calculated herein, Developer must provide tree replacement on a caliper inch per caliper inch basis for such excess loss. Prior to building permit issuance, Developer must also submit to the City Planner and receive the City Planner's written approval of a security in the form of a cash escrow or letter of credit equal to 150% of the cost of the landscape improvements including all proposed trees, shrubs, perennials, and grasses as depicted on the landscape and/or tree replacement plan on the Exhibit B Plans (the “Landscape Security”). The installation must conform to the approved landscape plan including but not limited to the size, species and location as depicted on the Exhibit B Plans. Any changes proposed to the landscape plan or landscaping installed on the Property, including but not limited to removal and relocation, must be reviewed and approved by the City Planner prior to implementing such changes. Developer must complete implementation of the approved landscape or tree replacement plan as depicted on the Exhibit B Plans and in accordance with the terms and conditions of Exhibit C of this Agreement. The Landscape Security will be released in accordance with the terms of the landscape agreement and with paragraph 10 of this Agreement regarding mechanical equipment screening. 10. MECHANICAL EQUIPMENT SCREENING: Developer must screen all mechanical equipment on the Property. For purposes of this paragraph, “mechanical equipment” includes gas meters, electrical conduits, water meters, and standard heating, ventilating, and air-conditioning units. Financial security to guarantee construction of such screening 4 Project Name Development Agreement Date of Approval is included with the Landscape Security as described in paragraph 9, in accordance with City Code requirements. Developer must complete construction of mechanical equipment screening prior to issuance of any occupancy permit for the Property. If, after completion of construction of the mechanical equipment screening, it is determined by the City Planner, in his or her sole discretion, that the constructed screening does not meet City Code requirements to screen mechanical equipment from public streets and differing, adjacent land uses, then the City Planner will notify Developer and Developer must take corrective action to reconstruct the mechanical equipment screening in order to cure the deficiencies identified by the City Planner. Developer agrees that the City will not release the Landscape Security until Developer completes all such corrective measures. 11. OTHER AGENCY APPROVALS: The Developer must submit copies of all necessary approvals issued by other agencies for the project to the City Engineer. These submittals are required prior to issuance by the City of the corresponding City permit(s). The agencies issuing such approvals include, but are not necessarily limited to the following: the Minnesota Pollution Control Agency, Metropolitan Council Environmental Services, Riley Purgatory Bluff Creek Watershed District, the Minnesota Department of Health, the Minnesota Department of Transportation, Hennepin County. The City Planner may determine that conditions of approval required by the Riley Purgatory Bluff Creek Watershed District require changes to the City approvals granted with this Agreement which may entail additional City review, including public hearing(s) for recommendation by the Planning Commission and approval by the City Council. Developer consents to such additional review as determined by the City Planner and agrees to an extension pursuant to Minn. Stat. Section 15.99 of an additional 60 days for the additional review. 12. PERFORMANCE STANDARDS: Developer agrees that the Property will be operated in a manner meeting all applicable noise, vibration, dust and dirt, smoke, odor and glare laws and regulations. Developer further agrees that the facility upon the Property will be operated so noise, vibration, dust and dirt, smoke, odor and glare do not go beyond the Property boundary lines. 13. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the Commercial-Regional-Service (C-Reg-Ser) District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD (list PUD number): A waiver from on-site parking requirements. City Code requires 386 parking stalls. A waiver is granted to allow 294 of stalls (77 underground stalls and 217 surface stalls), subject to the Proof of Parking requirements provided in Paragraph 14. 5 Project Name Development Agreement Date of Approval 14. PROOF OF PARKING: Developer and City agree that 92 proof-of-parking spaces proposed in a future parking structure on the Property (the “Proof-of-Parking Structure”), are designated for use by the building and that said spaces are not required to be constructed at this time. At such time as the City Planner, in his or her sole discretion, determines that it is necessary for all or a portion of the 92 proof-of-parking spaces to be constructed in order to accommodate the use, the City Planner will notify the Developer in writing of the need to construct the Proof-of-Parking Structure. The Plans indicate a potential location for the Proof-of-Parking Structure. This notification will include the location, size, and timetable for construction of the Proof-of-Parking Structure. Developer must comply with all requirements contained in the City Planner’s notification and construct the Proof-of- Parking structure at its sole cost and expense. 15. REAFFIRMING CONDITIONS OF DEVELOPMENT AGREEMENT: Developer agrees to all of the terms, conditions and obligations of “Developer” under the Original Development Agreement, except as inconsistent with or amended by this Agreement. 16. SIGNS: For each sign which requires a permit under Eden Prairie City Code Section 11.70, Developer must obtain a sign permit from the City. The application must include a complete description of the sign and a sketch showing the size, location, the manner of construction, and other such information as necessary to inform the City of the kind, size, material construction, and location of any such sign, consistent with the sign plan shown on the Plans and in accordance with the requirements of City Code, Section 11.70, Subdivision 5. 17. TRASH, RECYCLING, AND ORGANICS: Developer agrees that all trash, recycling, and organic waste bins or receptacles will at all times be located inside of the building as depicted on the Plans. 18. SALT AND SNOW STORAGE: Salt storage is not allowed on the Property unless the Property Owner and any agents, tenants, or contractors employ best management practices to minimize the discharge of polluted runoff from salt storage and: 1. The designated salt storage area is indoors; 2. The designated salt storage area is located on an impervious surface and downgradient from any Stormwater Facilities; and 3. Practices to reduce exposure when transferring material in designated salt storage areas (sweeping, diversions, and/or containment) are implemented. Salt applicators must possess current Smart Salting Level 1 and Level 2 Certification from the Minnesota Pollution Control Agency. The certified individual(s) are responsible for the application of appropriate deicing material at the proper amount and rate. Snow must not be stored in any required parking or stormwater treatment areas. If the 6 Project Name Development Agreement Date of Approval Property does not provide adequate snow storage areas, the Developer and/or Owner must remove the snow from the Property. 19. MORTGAGEE CONSENT. Developer must obtain and record with this Agreement the attached Consent and Subordination executed by the holder of the mortgage on the Property. 7 Project Name Development Agreement Date of Approval IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. CITY OF EDEN PRAIRIE By___________________________ Ronald A. Case Its Mayor By____________________________ Rick Getschow Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of ________________, 2021, by Ronald A. Case and Rick Getschow, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. _______________________ Notary Public 8 Project Name Development Agreement Date of Approval ASIAN PLAZA PROPERTY, LLC By ________________________________ Its ________________________________ STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of ____________, 2021, by _______________________________________, the , of Asian Plaza Property, LLC, a Minnesota limited liability company, on behalf of the company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: CITY OF EDEN PRAIRIE 8080 MITCHELL ROAD EDEN PRAIRIE, MN 55344 9 Project Name Development Agreement Date of Approval EXHIBIT A Asian Plaza Development Agreement Legal Description Lot 1, Block 1, Gander Mountain, Hennepin County, Minnesota 10 Project Name Development Agreement Date of Approval EXHIBIT B Asian Plaza Development Agreement Narrative dated June 14, 2021 by Isenberg Associates Architectural Site Plan dated June 14, 2021 by HL Architects Basement, First, and Second Floor Plans dated June 14, 2021 by HL Architects Exterior Elevations dated June 14, 2021 by HL Architects Exterior Elevations and Color Board dated June 14, 2021 by HL Architects Roof Plan dated June 14, 2021 by HL Architects Perspectives dated June 14, 2021 by HL Architects 11 Project Name Development Agreement Date of Approval EXHIBIT C DEVELOPMENT AGREEMENT – PROJECT NAME I. Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of a development plan (1" =100' scale) showing existing and proposed contours, proposed streets, and lot arrangements and size, minimum floor elevations on each lot, preliminary alignment and grades for sanitary sewer, water main, and storm sewer, 100-year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots, location of walks, trails, and any property deeded to the City. II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. III. Developer shall pay cash park fees as to all of the Property required by City Code in effect as of the date of the issuance of each building permit for construction on the Property. IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof, Developer, for itself, its successors, and assigns, shall not oppose the City’s reconsideration and rescission of any Rezoning, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. V. Provisions of this Agreement shall be binding upon and enforceable against the Property and the Owners, their successors and assigns of the Property. VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. VII. Developer represents that it has marketable fee title to the Property, except: INSERT ANY NAME/COMPANY LISTED IN ANY OWNER’S SUPPLEMENT TO THE DEVELOPER’S AGREEMENT) With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance: A. That Developer has marketable fee title free and clear of all mortgages, liens, and 12 Project Name Development Agreement Date of Approval other encumbrances. Prior to final plat approval, Developer shall provide to the City a current title insurance policy insuring such a condition of title. B. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property, any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat., Sec. 115B.01, et. seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of, place or otherwise have, in or on the Property, any Hazardous Substances. D. That no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss, costs, damage and expense, including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to have been, used, employed, deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning, and Chapter 12, Subdivision Regulations, of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. IX. Prior to release of the final plat, Developer shall pay to City fees for the first three (3) years’ street lighting on the public streets adjacent to the Property (including installation costs, if any, as determined by electrical power provider), engineering review, and street signs. X. Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. XI. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special, unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, City may be without an adequate remedy at law. 13 Project Name Development Agreement Date of Approval Developer agrees, therefore, that in the event Developer violates, fails, or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold building permits or rescind or revoke any approvals granted by the City. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy. XII. Developer shall, prior to the commencement of any improvements, provide written notice to Comcast of the development contemplated by this Development Agreement. Notice shall be sent to Comcast Cable, 14404 Excelsior Blvd., Minnetonka, Minnesota 55305 or CenturyLink, 14200 Wayzata Blvd. Ste F., Minnetonka, MN 55305. XIII. Prior to building permit issuance, all fees associated with the building permit shall be paid to the Inspections Department, including; Building permit fee, plan check fee, State surcharge, metro system access charge (SAC), City SAC and City water access charge (WAC), and park dedication. Contact Metropolitan Waste Control to determine the number of SAC units. XIV. Prior to building permit issuance, except as otherwise authorized in the approved Plans, existing structures, wells and septic systems (if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department. XV. Prior to building permit issuance, provide two copies of an approved survey or site plan (1" = 200 scale) showing proposed building location and all proposed streets, with approved street names, lot arrangements and property lines. XVI. The City shall not issue any building permit for the construction of any building, structure, or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. XVII. No failure of the City to comply with any term, condition, covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges. No execution on any claim, demand, cause of action or judgment shall be levied upon or collected from the general credit, general fund or taxing powers of the City. XVIII. Prior to issuance of the first building permit for the Property, Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 ½ by 6 inch sign or decal reading “Scenic/Conservation Easement Boundary, City of Eden Prairie”, will be affixed to the top of the post. 14 Project Name Development Agreement Date of Approval XIX. Within 10 days of the approval of the Development Agreement, the Developer shall record the Development Agreement at the County Recorder and / or Registrar of Titles. The final plat shall not be released until proof of filing of the Development Agreement is submitted to the City. XX. The City is hereby granted the option, but not the obligation, to complete or cause completion in whole or part of all of the Developer’s obligations under this Agreement for which a bond, letter of credit, cash deposit or other security (hereinafter referred to as the “Security”) is required if the Developer defaults with respect to any term or condition in this Agreement for which Security is required and fails to cure such default(s) within ten (10) days after receipt of written notice thereof from the City; provided however if the nature of the cure is such that it is not possible to complete the cure within ten (10) days, it shall be sufficient if the Developer has initiated and is diligently pursuing such cure. The Developer acknowledges that the City does not assume any obligations or duties of the Developer with respect to any such contract agreements unless the City shall agree in writing to do so. The City may draw down on or make a claim against the Security, as appropriate, upon five (5) business days notice to the Developer, for any violation of the terms of this Agreement or if the Security is allowed to lapse prior to the end of the required term. If the obligations for which Security is required are not completed at least thirty (30) days prior to the expiration of the Security and if the Security has not then been renewed, replaced or otherwise extended beyond the expiration date, the City may also draw down or make a claim against the Security as appropriate. If the Security is drawn down on or a claim is made against the Security, the proceeds shall be used to cure the default(s) and to reimburse the City for all costs and expenses, including attorneys’ fee, incurred by the City in enforcing this Agreement. XXI. The Developer hereby grants the City, it’s agents, employees, officers and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with this Agreement. XXII. This Agreement is a contract agreement between the City and the Developer. No provision of this Agreement inures to the benefit of any third person, including the public at large, so as to constitute any such person as a third-party beneficiary of the Agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action for any person not a party hereto. XXIII. Except as specifically authorized by the Director of Public Works, no permit shall be issued for the Property until the Developer has recorded the final plat with Hennepin County Recorder's Office/Registrar of Titles' Office. XVII. Developer shall pay upon demand to the City all costs incurred by the City in conjunction with the Applications. These costs include internal City administrative, planning and, 15 Project Name Development Agreement Date of Approval engineering costs and consulting costs, including but not limited to legal, engineering, planning and financial, in review, investigation, administering and processing the Applications and implementation of the approvals granted by the City. 16 Project Name Development Agreement Date of Approval CONSENT AND SUBORDINATION The undersigned, owner of that certain Mortgage dated January 25, 2021, recorded in the office of the Hennepin County Recorder on January 26, 2021 as Document No. 10906365 covering the Property described on Exhibit A hereto, for valuable consideration, does hereby consent to the and subordinates it interest in the Property to that certain Development Agreement, to which this Consent and Subordination is attached, dated ______ __, 2021 by Asian Plaza Property, LLC to the City of Eden Prairie. CorTrust Bank NA By: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF ________________ ) The foregoing instrument was acknowledged before me this ____ day of ____________, 2021, by _______________________________________, the , of CorTrust Bank NA, a _______________________, on behalf of the bank. Notary Public 17 Project Name Development Agreement Date of Approval EXHIBIT A To Mortgagee Consent and Subordination Legal Description: Lot 1, Block 1, Gander Mountain, Hennepin County, Minnesota CITY COUNCIL AGENDA SECTION: Consent Calendar DATE September 7, 2021 DEPARTMENT / DIVISION Jonathan Stanley, Office of Housing & Community Services Janet Jeremiah, Community Development ITEM DESCRIPTION Second reading of an ordinance enacting a new City Code Chapter 13 related to Inclusionary Housing. ITEM NO. VIII.C. Requested Action Move to: Approve second reading of an ordinance enacting a new City Code Chapter 13 relating to Inclusionary Housing Synopsis This action will support the integration of affordability into all multifamily development projects, increasing socioeconomic and geographic equity across the City. Background Inclusionary Housing, a practice that ensures that new development projects include some percentage of affordable units, has been recommended for adoption by the Housing Task Force and has been increasingly embraced in the region with ordinances or policies present in Bloomington, Edina, Golden Valley, Minneapolis, St. Louis Park, and others. In Eden Prairie, staff has been negotiating inclusionary requirements on a deal-by-deal basis for several years. Staff now recommends formalizing and standardizing its requirements by way of a new Inclusionary Housing Policy and implementing City ordinance. The City Council adopted the Inclusionary Housing Policy on August 17, 2021. The Policy and ordinance are consistent with and will be integrated into the City’s Comprehensive Plan, Aspire Eden Prairie 2040. These inclusionary housing requirements will help the City reach its affordable housing goals, provide direction to developers interested in working in the City, and benefit existing and new residents in search of housing in a high opportunity community. The first reading for the ordinance was on August 17, 2021. No substantive changes were made to the ordinance since that time. Attachments Ordinance Summary of Ordinance Resolution Approving Summary CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. _______-2021 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ENACTING NEW CITY CODE CHAPTER 13 RELATING TO INCLUSIONARY HOUSING THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. That the City Code is hereby amended by adding a new Chapter 13 to read as follows: CHAPTER 13 – INCLUSIONARY HOUSING SECTION 13.01 – FINDINGS, PURPOSE, AND AUTHORITY. Subd. 1. Findings. The City Council finds and declares the following: A. Appropriate housing that meets its citizens’ needs is an integral part of Eden Prairie’s existing and future prosperity and its citizens’ health and well-being. B. A notable housing shortage exists in Eden Prairie for lower-income rental properties and owner-occupied housing. C. There is a pronounced need to encourage and assist in the development of affordable housing in Eden Prairie. D. A goal of the City’s Comprehensive Plan, Aspire Eden Prairie 2040, is to incentivize attainable and affordable housing options for lower-income households so they can move to and remain in Eden Prairie. E. Aspire Eden Prairie 2040 establishes the portion of Eden Prairie’s regional share of affordable housing at 1,408 new affordable units by 2030. F. The health, safety, and economic welfare of the present and future residents of Eden Prairie depends on the availability of a range of housing choices affordable to persons and families who live and work in the City. G. Developing and maintaining a healthy mix of affordable housing options can foster a diverse, resilient local economy by bringing workers and residents closer to their jobs, schools, and necessary services. Subd. 2. Purpose. The purpose of this Chapter is to implement the City’s Inclusionary Housing Policy to further City’s goal of promoting diversity in its housing stock such that households of various income levels, ages, and sizes have choice in the place they call home. Subd. 3. Authority. This Chapter is adopted pursuant to the following authority: 2 A. Minn. Stat. § 462.358, subd. 1a, which provides that a municipality may by ordinance adopt and maintain in effect subdivision regulations “to promote the availability of housing affordable to persons and families of all income levels”; B. Minn. Stat. § 462.358, subd. 11, which provides that, in connection with approving a development application, a municipality may enter into an agreement with an applicant that provides for a portion of housing units be affordable with established pricing and long- term affordability; and C. Minn. Stat. § 473.859, which requires municipal comprehensive plans to include “a housing implementation program, including official controls to implement the housing element of the land use plan, which will provide sufficient existing and new housing to meet the local unit’s share of the metropolitan area need for low and moderate income housing.” D. Chapter 4 of the City’s Comprehensive Plan, Aspire Eden Prairie 2040, which emphasizes the need for increasing the City’s affordable housing stock and providing diverse, safe, high-quality affordable housing options to residents of all income levels. SECTION 13.02. – DEFINITIONS. For the purposes of this Chapter, the following terms, phrases, words, and their derivations have the meanings given in this Section. Affordable Residential Project means a development that has received funding directly from an entity other than the City in exchange for the provision of affordable dwelling units. Area Median Income or AMI means the median household income as most recently determined by the United States Department of Housing and Urban Development for the Minneapolis-St. Paul- Bloomington, Minnesota – Wisconsin Metropolitan Statistical Area, as adjusted for household size and number of bedrooms. Developer means any person who applies to the City for a comprehensive plan amendment, zoning amendment, planned unit development, or site plan review for a residential project subject to the requirements of this Chapter. Dwelling Unit means residential accommodation including kitchen facilities, permanently installed, which are arranged, designed, used, or intended for use as living quarters for one (1) family and not more than an aggregate of two (2) roomers or boarders. Financial Assistance means the provision of TIF, pooled TIF, housing revenue bonds, grants secured by the City on behalf of the owner, funds levied to support affordable housing, reduced or waived City fees, and any other grants or loans provided by or through the City to the developer or owner that benefit a residential project. Household means one person residing alone or two or more related or unrelated persons sharing residency in a dwelling unit. 3 Inclusionary Dwelling Unit means a dwelling unit within a residential project subject to this Chapter that meets the affordability standards in Section 13.03, subdivision 1. Income-Eligible Household means a household that meets the income requirements to qualify for ownership or occupancy of an inclusionary dwelling unit. Market Rate Residential Project means a residential project in which the dwelling units are or will be marketed for sale or lease at a price affordable to households earning 120% or more of AMI. Owner means the individual or entity that holds title to a property as determined from the Hennepin County property records. Residential Ownership Project means any residential project in which dwelling units are or will be sold to owners who will occupy the units. Residential Project means any residential or mixed-use development that includes any duplex, townhouse, apartment, condominium, or other multi-family residential dwelling units. A residential project subject to the requirements of this Chapter does not include a development containing only single-family homes. Residential Rental Project means any residential project in which dwelling units are or will be leased to tenants. TIF means tax increment financing provided pursuant to the authority granted by Minnesota Statutes Sections 469.174–469.1794. SECTION 13.03. – INCLUSIONARY HOUSING REQUIREMENT. Subd. 1. Applicability. This Chapter applies to any new or existing residential project that meets one or more of the following criteria: A. A market rate residential project that adds or creates fifteen (15) or more dwelling units and: 1. Requires approval from the City for a comprehensive plan amendment, zoning amendment, planned unit development, or site plan review; or 2. Receives financial assistance from the City. B. Any residential project that adds or creates fifteen (15) or more dwelling units and receives or will receive TIF from the City. C. A partially or fully affordable residential project that adds or creates fifteen (15) or more dwelling units that already meets or will meet the affordability requirement specified in subdivision 2. D. Any other residential project for which the developer or owner voluntarily chooses to provide inclusionary dwelling units under this Chapter. 4 Subd. 2. Affordability Requirement. A. For residential rental projects, the developer must provide inclusionary dwelling units as follows: 1. 5% of the total dwelling units affordable to households at or below 30% of AMI; 2. 10% of the total dwelling units affordable to households at or below 50% of AMI; or 3. 15% of the total dwelling units affordable to households at or below 60% of AMI. B. For residential ownership projects, the developer must provide inclusionary dwelling units as follows: 1. 10% of dwelling units affordable to households at or below 115% of AMI; or 2. Payment to the City in lieu of providing inclusionary dwelling units in an amount established by the Council by resolution or ordinance which will be used by the City to promote and provide affordable housing in other areas of the City. Such payment must be received by the City prior to the issuance of any building permit for the development or as otherwise established in the development agreement. C. For residential projects receiving TIF from the City, the inclusionary dwelling units required are 5% of dwelling units affordable to households at or below 80% of AMI. This inclusionary dwelling unit requirement is in addition to the statutory affordability requirements imposed as a condition of receiving TIF. D. For a partially or fully affordable residential project, the inclusionary dwelling units required are 10% of dwelling units affordable to households at or below 80% of AMI. This inclusionary dwelling unit requirement is in addition to any affordability requirements imposed by the entity providing funding or assistance for the affordable residential project. E. The number of inclusionary dwelling units required will be based on the total number of dwelling units approved by the City. If the final calculation includes a fraction of a unit, the fraction will be rounded up to the nearest whole number. F. For an existing residential project that is expanded by at least 15 dwelling units, the number of required inclusionary dwelling units will be based on the total number of units following completion of the expansion. G. The developer must include, along with its application to the City for a comprehensive plan amendment, zoning amendment, planned unit development, or site plan review, information detailing how the requirements of this Section will be met. 5 Subd. 3. Period of Affordability. A. Rental Projects. A residential rental project subject to this Chapter must maintain the inclusionary dwelling units in perpetuity. B. Ownership Projects. Inclusionary dwelling units in residential ownership projects must remain affordable for a minimum period of ten (10) years. Prior to the issuance of a building permit that allows the construction of any dwelling unit in the project, the developer or owner must record a restrictive covenant in a form approved by the City against each inclusionary dwelling unit property prohibiting the sale of the property at a price higher than that affordable to a household earning 115% or less of AMI during the ten-year period. Subd. 4. Eligibility and Rent Limitation. A. Rental Projects. The following apply to residential rental projects subject to this Chapter: 1. Inclusionary dwelling units may only be leased to income-eligible households. 2. The monthly rent of the inclusionary dwelling unit must be based on the AMI as determined by the U.S. Department of Housing and Urban Development and published by the Minnesota Housing Finance Agency, adjusted for number of bedrooms. 3. A household that is income-eligible at the commencement of a lease may remain in the inclusionary dwelling unit for the entire lease term even if the household’s income exceeds 120% of the applicable AMI before the end of the lease term. 4. An income-eligible household may remain in the inclusionary dwelling unit for additional lease periods so long as the income of the household does not exceed 120% of the applicable AMI for the inclusionary dwelling unit. 5. The owner or its agent may not decline to lease to, or otherwise discriminate against, income-eligible households that would pay their rent with federal, state, or local public assistance, or tenant-based federal, state, or local subsidies, including but not limited to rental assistance, rent supplements, and housing choice vouchers. B. Ownership Projects. Inclusionary dwelling units in residential ownership projects may be sold only to income-eligible households at the time of initial sale and during the period of affordability. Subd. 5. Standards for Inclusionary Dwelling Units. A. Location. Inclusionary dwelling units for an approved residential project must be located within that project. Unless otherwise approved by the Council, inclusionary dwelling units must be mixed with and incorporated into the overall development and must not be separated from market-rate units. Residents of inclusionary dwelling units must have equal 6 access to all entries, lobbies, elevators, parking, and amenities as residents of market-rate units. B. Unit Mix. Inclusionary dwelling units in residential rental projects may be fixed or may “float” within the development provided that the minimum number of required inclusionary dwelling units per bedroom size is maintained and the units are reasonably spread throughout the development. C. Timing. The construction or provision of inclusionary dwelling units must be concurrent with construction of new market-rate dwelling units. D. Primary Residence. An inclusionary dwelling unit may not be sold or leased to a household unless the household is income-eligible and the household will occupy the inclusionary dwelling unit as its primary residence. E. Size and Design. The size, design, and amenities of inclusionary dwelling units must at all times be functionally equivalent to the market-rate units in the project. F. Quality. The exterior materials, interior finish including appliances and mechanical equipment, and quality of construction of inclusionary dwelling units must be indistinguishable in style and quality from comparably priced or valued market-rate units in the project. G. Compliance with Laws and Codes. Inclusionary dwelling units must be maintained in compliance with all applicable state and local building codes and all other federal, state, and local rules and regulations. Subd. 6. Monitoring and Compliance. The owner or developer must submit documentation as and when required by the Community Development Director to establish continuing compliance with the requirements of this Chapter. The Community Development Director is directed and authorized to establish a program or procedure to monitor compliance. Subd. 7. Agreement with City. The requirements of this Chapter as applicable to an individual residential project will be incorporated into a development agreement or other agreement between the City and the owner or developer. The agreement must be recorded with the Hennepin County Recorder or Registrar of Titles, as appropriate, prior to issuance of a building permit or prior to the sale of any unit in the project, unless otherwise authorized by the City Manager in his or her sole discretion. Subd. 8. Exemptions. The City Council may, in its sole discretion, partially or fully exempt a residential project from the requirements of this Chapter or otherwise alter the requirements at any time if the Council finds that compliance with this Section would cause an undue burden. Factors that will be considered by the Council in determining whether a partial or full exemption should be granted include, but are not limited to: A. Whether the owner or developer has applied for or otherwise sought available resources to close any financial gap including, but not limited to, regional, state, or federal grants or loans. 7 B. Whether the residential project aligns with and will advance other goals of the City’s Comprehensive Plan. C. Whether the residential project will serve special populations, including but not limited to veterans, households experiencing or at risk of experiencing long-term homelessness, and senior facilities providing assisted living, memory care, skilled nursing care, or end-of-life care. SECTIONS 13.04–13.98. - RESERVED SECTION 13.99. – VIOLATION A MISDEMEANOR. Every person violates a section, subdivision, paragraph, or provision of this chapter when he or she performs an act thereby prohibited or declared unlawful, or fails to act when such failure is prohibited or declared unlawful, and upon conviction thereof, shall be punished as for a misdemeanor except as otherwise stated in specific provisions hereof. Section 2. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” is hereby adopted in its entirety, 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 17th day of August, 2021, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 7th day of September, 2021. ATTEST: _______________________________ ____________________________________ Nicole Tingley, City Clerk Ronald A. Case, Mayor PUBLISHED in the Sun Sailor on the _____ day of _____________, 2021. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. __-2021 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ENACTING NEW CITY CODE CHAPTER 13 RELATING TO INCLUSIONARY HOUSING THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance enacts a new Chapter 13 of the Eden Prairie City Code related to inclusionary housing requirements for residential rental and multi-family ownership projects. Effective Date: This Ordinance shall take effect upon publication. ATTEST: ________________________________ _________________________________ Nicole Tingley, City Clerk Ronald A. Case, Mayor PUBLISHED in the Sun Sailor on ______________________, 2021. (A full copy of the text of this Ordinance is available from City Clerk.) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2021-__ A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. ____ AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. ______ was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 7th day of September, 2021. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS: A. Ordinance No. ______ is lengthy. B. The text of summary of Ordinance No. _________, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. C. The title and summary shall be published once in the Sun Sailor in a body type no smaller than brevier or eight-point type. D. A printed copy of the Ordinance shall be made available for inspection by any person, during regular office hours, at the office of the City Clerk, and a copy of the entire text of the Ordinance shall be posted in the City offices. E. Ordinance _______ shall be recorded in the Ordinance Book, along with proof of publication, within twenty (20) days after said publication. ADOPTED by the City Council on September 7, 2021. ___________________________ Ronald A. Case, Mayor SEAL ATTEST: ________________________ Nicole Tingley, City Clerk CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: September 7, 2021 DEPARTMENT/DIVISION: Community Development/ Planning Janet Jeremiah/ Beth Novak-Krebs ITEM DESCRIPTION: Extension of an Approved Preliminary Plat for Eden Heights East ITEM NO.: VIII.D. Requested Action Move to: • Adopt the Resolution for an extension of an approved Preliminary Plat for Eden Heights East. Synopsis The applicant is requesting approval of an extension of the approved preliminary plat for Eden Heights East in accordance with the Subdivision Regulations. The preliminary plat was approved in 2014 and extensions were granted to that approval in 2017 and 2019, but the final plat was not approved within the timeframe established in the Regulations. The applicant is not proposing any changes to the approved plat, but simply wants to extend the exact plat that was previously approved. Given there are no changes being proposed, the request to extend the approved plat is a reasonable request. Staff recommends that the Council grant a two year extension of the approved preliminary plat. If the extension is approved, the preliminary plat approval would extend to September 7, 2023. Background The preliminary plat for Eden Heights East, which divides 1.7 acres into 4 lots was approved on July 14, 2014. However, the final plat was not approved within the timeframe established in the Code. Chapter 12, Section 12.04 Subd. 6. requires a final plat to be approved within two years of the approval of the preliminary plat, but allows the Council to grant a requested extension to an approved preliminary plat. In September 2017, and August 2019 the City Council approved 2 year extensions to the preliminary plat approval. With no changes being proposed to the Eden Heights East plat, there is not a need to have the applicant go through the full process again. An extension will allow the applicant to continue marketing the property before moving forward with a final plat. The final plat must conform to the approved preliminary plat. If the final plat is substantially different than the approved preliminary plat, a revised preliminary plat will have to be approved through the full process before the final plat can be approved. Attachments 1. Resolution 2. Letter from Applicant 3. Location Map 4. Approved Preliminary plat 5. Approved Site Plan CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2021-___ RESOLUTION APPROVING AN EXTENSION OF THE APPROVED PRELIMINARY PLAT FOR EDEN HEIGHTS EAST FOR TWO YEARS. THE PRELIMINARY PLAT APPROVAL SHALL BE EXTENDED UNTIL SEPTEMBER 7, 2023. BE IT RESOLVED, by the Eden Prairie City Council as follows: That an extension of the approved preliminary plat of Eden Heights East, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved for two years. The Preliminary Plat approval shall be extended until September 7, 2023. ADOPTED by the Eden Prairie City Council on the 7th day of September, 2021. _______________________________ Ronald A. Case, Mayor ATTEST: __________________________ Nicole Tingley, City Clerk GOULD RD HILLTOP RD VALLEY RD S E R E N I T Y L N S Y L V A N RDGAZALEA TRLD RESSENCIRSUTTON DRPALMETTO DRCOVEPOI NTERDCORRAL LN GATEWA Y L N HARROW WAYSITE Pioneer Trail Eden Prairie Road ¯ Area Location Map - Eden Heights East South of Pioneer Trail & West of Eden Prairie RoadEden Prairie, MN 55347 0 410 820205 Feet HWY 5 CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: September 7, 2021 DEPARTMENT/DIVISION: Sue Kotchevar, Office of the City Manager/Finance ITEM DESCRIPTION: American Rescue Plan Grant ITEM NO.: VIII.E. Requested Action Move to: Accept award of $7,447,401 of American Rescue Plan Grant and approve the use of these funds for the provision of government services to the extent of the reduction in revenue due to the COVID-19 public health emergency. Synopsis As was discussed at the 7/13/2021 City Council Workshop, the City received $3,750,700.50 in American Rescue Plans funds on 5/19/2021 from the United States Treasury. We will receive the other half in 2022. The City plans to use the funds for the provision of government services to the extent of the reduction in revenue due to the COVID-19 public health emergency. We will apply this revenue against public safety costs in the General Fund. This will allow the City to mitigate expected revenue loss from 2021 to 2024. We will keep the City Council informed if federal guidance on the use of these funds changes. CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: September 7, 2021 DEPARTMENT/DIVISION: Administration Rick Clark, Facilities ITEM DESCRIPTION: Snow and Ice Management Services ITEM NO.: VIII.F. Motion Move to: Approve the Standard Agreement for Contracted Services with Prescription Landscape Inc. for Snow and Ice Management Services. Synopsis Staff recommends entering into a Standard Agreement for Contracted Services with Prescription Landscape Inc. for Snow and Ice Management Services at our City Center and Fire Station 1 locations. Pricing is per snow event with an annual budgeted amount of $127,720. Background Snow and Ice Management RFP was sent to 4 contractors with 2 contractors not submitting and 1 contractor submitting incorrectly. The recommended contractor was awarded last year contract and not only shares The City’s initiative of salt reduction but demonstrated it while maintain a high level of service. The contractor also participates in Minnesota Pollution Control Agency’s environmental certifications and Smart Salt trainings demonstrating a focus on Sustainability via decreasing salt usage. Bid Summary and Recommendation The summary of the submitted is as follows: Service Description Prescription Landscape Snow Event 1”-3” $3,756.91 Snow Event 3.1”-6” $5,788.88 Snow Event 6.1”-9” $7,821 Snow Event 9.1”-12” $9,854.12 Attachment Standard Agreement for Contracted Services with Prescription Landscape 2017 06 01 Agreement for Contract Services This Agreement (“Agreement”) is made on the 7th day of September, 2021, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Prescription Landscape Inc., a Minnesota Corporation (hereinafter "Contractor") whose business address is 481 Front Avenue , St. Paul, MN 55117. Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of services by Contractor for Snow and Ice Management Services hereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Scope of Work. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Effective Date and Term of Agreement. This Agreement shall become effective as of October 1, 2021 and ending on May 31, 2022. 3. Obligations of Contractor. Contractor shall conform to the following obligations: a. Contractor shall provide the materials and services as set forth in Exhibit A. b. Contractor and its employees will park in service areas or lots and use entries and exits as designated by City. Contractor’s personnel will contact the appropriate person (i.e. receptionist, maintenance personnel, security, etc,) immediately upon entering the building, and will sign in and out if required by City. c. Care, coordination and communication by Contractor is imperative so that guests and employees in the buildings are not disturbed or inconvenienced during the performance of the contracted services. d. Contractor’s personnel must be neat appearing, wear a uniform and badge that clearly identifies them as a service contractor, and abide by City’s no smoking policies. e. Contractor must honor the City’s request to reassign an employee for cause. Cause may include performance below acceptable standards or failure to present the necessary image or attitude, in the judgment of the owner, to present a first class operation. Standard Agreement for Contract Services 2017 06 01.01 Page 2 of 12 f. When necessary, Contractor’s personnel will be provided with keys or access cards in order to perform their work. Any lost keys or cards that result in rekeying a space or other cost to the City will be billed back to the Contractor. 4. City’s Obligations. City will do or provide to Contractor the following: a. Provide access to City properties as appropriate. b. Provide restroom facilities as appropriate. 5. Compensation for Services. City agrees to pay the Contractor for work rendered pursuant to this Agreement and as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 6. Method of Payment. a. Contractor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City. b. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: “I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid.” c. No fuel surcharges or surcharges of any kind will be accepted nor will they be paid. 7. Project Manager. The Contractor shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the Project Manager without the approval of the City. Standard Agreement for Contract Services 2017 06 01.01 Page 3 of 12 8. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 9. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products- Standard Agreement for Contract Services 2017 06 01.01 Page 4 of 12 completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. e. All policies, except the Worker’s Compensation Policy, shall name the “City of Eden Prairie” as an additional insured. f. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations. g. All polices shall contain a waiver of subrogation in favor of the City. h. All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver of subrogation in favor of the City. i. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Agreement. j. Contractor agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. k. It shall be Contractor’s responsibility to pay any retention or deductible for the coverages required herein. l. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten (10) days’ prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor’s Work. Upon request a copy of the Contractor’s insurance declaration Standard Agreement for Contract Services 2017 06 01.01 Page 5 of 12 page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City’s right to enforce the terms of Contractor’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 10. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Contractor harmless from and against any Standard Agreement for Contract Services 2017 06 01.01 Page 6 of 12 loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 11. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Agreement and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Agreement, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Agreement, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY’S REMEDY OR THE CONTRACTOR’S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials. The Contractor shall post bonds to secure the warranties. 12. Termination. a. This Agreement may be terminated at any time by either party for breach or non-performance of any provision of this Agreement in accordance with the following. The party (“notifying party”) who desires to terminate this Agreement for breach or non-performance of the other party (“notified party”) shall give the notified party notice in writing of the notifying party’s desire to terminate this Agreement describing the breach or non-performance of this Agreement entitling it to do so. The notified party shall have five (5) days from the date of such notice to cure the breach or non-performance. Upon failure of the notified party to do so, this Agreement shall automatically terminate. b. Upon the termination of this Agreement, whether by expiration of the original or any extended term or terms hereof, or for any other reason, Contractor shall have the right, within a reasonable time after such termination to remove from City’s premises any and all of Contractor’s equipment and other property. Except for liability Standard Agreement for Contract Services 2017 06 01.01 Page 7 of 12 resulting from acts or omissions of a party, arising, taken or omitted prior to such termination, the rights and obligations of each party resulting from this Agreement shall cease upon such termination. Any prior liability of a party shall survive termination of this Agreement. c. In the event of dissolution, termination of existence, insolvency, appointment of a receiver, assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency law, or the service of any warrant, attachment, levy or similar process involving Contractor, City may, at its option in addition to any other remedy to which City may be entitled, immediately terminate this Agreement by notice to Contractor, in which event, this Agreement shall terminate on the notice becoming effective. 13. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. Standard Agreement for Contract Services 2017 06 01.01 Page 8 of 12 16. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Contractor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive Standard Agreement for Contract Services 2017 06 01.01 Page 9 of 12 consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Contractor under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Contractor shall comply with Standard Agreement for Contract Services 2017 06 01.01 Page 10 of 12 those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Agreement shall contain similar Data Practices Act compliance language. 30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE __________________________________ Ronald A. Case, Its Mayor ___________________________________ Rick Getschow, Its City Manager CONTRACTOR By: ________________________________ Its: _______________________________ Standard Agreement for Contract Services 2017 06 01.01 Page 11 of 12 Per Event Pricing 4.5 Attachment 5 – Bid Proposal Provide bid proposal for both City Center and Fire 1 combined. Total Site Square Footage: (includes 24x7 service footages) 365,950 sf Lot/Drive Lanes 24 x 7 Service Square Footage: 84,404 sf Lot/Drive Lanes 26,092 Sidewalks Line # Service Description 2021 – 2022 Pricing 1 Snow Event including salting (parking lot, sidewalks): 1” – 3” $3,756.91 2 Snow Event including salting (parking lot, sidewalks): 3.1” – 6” $5,788.88 3 Snow Event including salting (parking lot, sidewalks): 6.1” – 9” $7,821.00 4 Snow Event including salting (parking lot, sidewalks): 9.1 – 12” $9,854.12 5 Ice Event – hourly rate, equipment, and materials cost See Labor rates on page 19 6 Drift Event – hourly rate, equipment, and materials cost See Labor rates on page 19 7 Snow Hauling - removing snow off-site per hour See Labor rates on page 19 8 De-icing materials – cost per ton $160.00 tn/$96.00 per hour 9 Anti-icing on drives $860.00 Standard Agreement for Contract Services 2017 06 01.01 Page 12 of 12 4.5. 2 Bid Proposal, Equipment Hourly Pricing List all equipment and hourly rate that may be used on site. Or attach your pricing sheet. Line # Equipment/Labor 2021 – 2022 Pricing 10 Plow Truck w/ Containment $109.00 per hour 11 Skid Steer w/ Containment $139.00 per hour 12 Skid Steer w/ Broom $119.00 per hour 13 Skid Steer w/ Blower $154.00 per hour 14 Loader w/ Containment $229.00 per hour 15 Tractor w/ Containment $199.00 per hour 16 Tractor w/ Blower $260.00 per hour 17 Sidewalk Labor $69.00 per hour 18 Sidewalk Tractor $75.00 per hour 19 Bulk Salt $160.00 per ton 20 Bulk Treated Salt $190.00 per ton 21 Salt Truck $96.00 per hour 22 Ice Melt for walks $0.78 per pound 23 Tri/ Quad axle dump truck $139.00 per hour 24 Snow Dump Fee $66.00 Each 25 CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: September 7, 2021 DEPARTMENT/DIVISION: Matt Bourne, Parks and Natural Resources Manager, Parks and Recreation ITEM DESCRIPTION: Grant Agreement Authorization with Hennepin County for Healthy Tree Canopy Grant ITEM NO.: VIII.G. Requested Action Move to: Authorize Park and Recreation Director Jay Lotthammer to sign the Grant Agreement with Hennepin County for the Healthy Tree Canopy Grant. Synopsis The City of Eden Prairie was recently awarded a Healthy Tree Canopy Grant through Hennepin County in the amount of $43,949. The grant is intended to help applicants expand their forestry initiatives in areas including; combat threats to trees from invasive insects and disease by funding tree planting, educate the public on tree care and the importance of trees, and increase the diversity and resiliency of the tree canopy. Staff submitted a grant application to help fund many of our EAB management plan activities. Hennepin County utilizes an electronic signing service for their grant agreements and so the City Council must authorize staff to sign and enter into the agreement. Attachment Healthy Tree Canopy Grant Agreement Grant Form 101 (Revised 08/2021) 1 Contract No: PR00003477 GRANT AGREEMENT This Agreement is between the COUNTY OF HENNEPIN, STATE OF MINNESOTA, A-2300 Government Center, Minneapolis, Minnesota 55487, on behalf of the Hennepin County Environment and Energy Department, 701 South Fourth Avenue, Suite 700, Minneapolis, Minnesota 55415 (“COUNTY”), and City of Eden Prairie, 15150 Technology Drive, Eden Prairie, MN 55344 (“GRANTEE”). The parties agree as follows: 1. TERM AND AMOUNT OF GRANT GRANTEE shall complete all grant requirements (“Grant Requirements”), if any, commencing September 15, 2021 and expiring December 1, 2022, unless cancelled or terminated earlier in accordance with the provisions herein. The total amount of this grant, including all reimbursable expenses, is forty-three thousand nine hundred and forty-nine dollars ($43,949) (“Grant Funds”). 2. GRANT REQUIREMENTS The GRANTEE shall operate its healthy tree canopy grant project (“Project”), including the proposed Project budget, as described in the application submitted by the GRANTEE and kept on file with the COUNTY. GRANTEE shall plant one hundred seventy-five trees in various parks, treat three hundred fifty-two ash trees, remove one hundred trees. See attachment A for details regarding the project scope. The GRANTEE shall provide twenty-five percentage matching funds as described in the project budget and project requirements, as well as provide proof of matching funds before reimbursement. See attachment B for budget details. Submit to the DEPARTMENT in a format acceptable to the COUNTY a final report by December 1, 2022. 3. GRANT DISBURSEMENT COUNTY shall pay Grant Funds directly to GRANTEE after completion of the Grant Requirements, if any, and upon the presentation of a claim as provided by law governing COUNTY's payment of claims and/or invoices. GRANTEE shall submit invoices quarterly on forms which may be furnished by COUNTY. Payment shall be made within thirty-five (35) days from receipt of the invoice. Grant Form 101 (Revised 08/2021) 2 The COUNTY shall pay all Tree Grant Funds once work is completed to the GRANTEE valued not-to-exceed $43,949. Reimbursable expenses are limited to budget line items. Any reimbursable expense which exceeds forty-three thousand nine hundred and forty-nine dollars ($43,949) shall receive prior written approval from the Contract Administrator. GRANTEE shall not provide services under this Agreement without receiving a purchase order or purchase order number supplied by COUNTY. All invoices shall display a Hennepin County purchase order number and be sent to the central invoice receiving address supplied by COUNTY. 4. INDEPENDENT CONTRACTOR GRANTEE shall select the means, method, and manner of performing Grant Requirements, if any. Nothing is intended nor should be construed as creating or establishing the relationship of a partnership or a joint venture between the parties or as constituting GRANTEE as the agent, representative, or employee of COUNTY for any purpose. GRANTEE is and shall remain an independent contractor under this Agreement. GRANTEE shall secure at its own expense all personnel required in completing Grant Requirements, if any, under this Agreement. GRANTEE’s personnel and/or subcontractors engaged to perform any work required by this Agreement will have no contractual relationship with COUNTY and will not be considered employees of COUNTY. COUNTY shall not be responsible for any claims related to or on behalf of any of GRANTEE’s personnel, including without limitation, claims that arise out of employment or alleged employment under the Minnesota Unemployment Insurance Law (Minnesota Statutes Chapter 268) or the Minnesota Workers’ Compensation Act (Minnesota Statutes Chapter 176) or claims of discrimination arising out of state, local or federal law, against GRANTEE, its officers, agents, contractors, or employees. Such personnel or other persons shall neither accrue nor be entitled to any compensation, rights, or benefits of any kind from COUNTY, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, workers’ compensation, unemployment compensation, disability, severance pay, and retirement benefits. 5. NON-DISCRIMINATION A. In accordance with COUNTY’s policies against discrimination, GRANTEE shall not exclude any person from full employment rights nor prohibit participation in or the benefits of any program, service or activity on the grounds of any protected status or class, including but not limited to race, color, creed, religion, national origin, sex, gender expression, gender identity, age, disability, marital status, sexual orientation, or public assistance status. No person who is protected by applicable law against discrimination shall be subjected to discrimination. B. COUNTY encourages GRANTEE to develop and implement a policy promoting diversity, equity, and inclusion in GRANTEE’s workplace. Grant Form 101 (Revised 08/2021) 3 6. INDEMNIFICATION GRANTEE shall defend, indemnify, and hold harmless COUNTY, its present and former officials, officers, agents, volunteers and employees from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including attorney’s fees, resulting directly or indirectly from any act or omission of GRANTEE, a subcontractor, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable in the performance of this Agreement, and against all loss by reason of the failure of GRANTEE to perform any obligation under this Agreement. For clarification and not limitation, this obligation to defend, indemnify and hold harmless includes but is not limited to any liability, claims or actions resulting directly or indirectly from alleged infringement of any copyright or any property right of another, the employment or alleged employment of GRANTEE personnel, the unlawful disclosure and/or use of protected data, or other noncompliance with the requirements of these provisions. 7. INSURANCE GRANTEE shall purchase insurance or utilize a self-insurance program sufficient to cover the maximum level of Minnesota tort liability limits under Minnesota Statute, Chapter 466. 8. DUTY TO NOTIFY GRANTEE shall promptly notify COUNTY of any demand, claim, action, cause of action or litigation brought against GRANTEE, its employees, officers, agents or subcontractors, which arises out of this Agreement. GRANTEE shall also notify COUNTY whenever GRANTEE has a reasonable basis for believing that GRANTEE and/or its employees, officers, agents or subcontractors, and/or COUNTY, might become the subject of a demand, claim, action, cause of action, administrative action, criminal arrest, criminal charge or litigation arising out of this Agreement. 9. DATA PRIVACY AND SECURITY A. GRANTEE, its officers, agents, owners, partners, employees, volunteers and subcontractors shall, to the extent applicable, abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, chapter 13 (MGDPA) and all other applicable state and federal laws, rules, regulations and orders relating to data or the privacy, confidentiality or security of data, which may include but is not limited to the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (HIPAA). For clarification and not limitation, COUNTY hereby notifies GRANTEE that the requirements of Minnesota Statutes section 13.05, subd. 11, apply to this Agreement. GRANTEE shall promptly notify COUNTY if GRANTEE becomes aware of any potential claims, or facts giving rise to such claims, under the Grant Form 101 (Revised 08/2021) 4 MGDPA or other data, data security, privacy or confidentiality laws, and shall also comply with the other requirements of this Section. Classification of data, including trade secret data, will be determined pursuant to applicable law and, accordingly, merely labeling data as “trade secret” by GRANTEE does not necessarily make the data protected as such under any applicable law. B. In addition to the foregoing MGDPA and other applicable law obligations, GRANTEE shall comply with the following duties and obligations regarding County Data and County Systems (as each term is defined herein). As used herein, “County Data” means any data or information, and any copies thereof, created by GRANTEE or acquired by GRANTEE from or through COUNTY pursuant to this Agreement, including but not limited to handwriting, typewriting, printing, photocopying, photographing, facsimile transmitting, and every other means of recording any form of communication or representation, including electronic media, email, letters, works, pictures, drawings, sounds, videos, or symbols, or combinations thereof. If GRANTEE has access to or possession/control of County Data, GRANTEE shall safeguard and protect the County Data in accordance with generally accepted industry standards, all laws, and all then applicable COUNTY policies, procedures, rules and directions. To the extent of any inconsistency between accepted industry standards and such COUNTY policies, procedures, rules and directions, GRANTEE shall notify COUNTY of the inconsistency and follow COUNTY direction. GRANTEE shall immediately notify COUNTY of any known or suspected security breach or unauthorized access to County Data, then comply with all responsive directions provided by COUNTY. The foregoing shall not be construed as eliminating, limiting or otherwise modifying GRANTEE’s indemnification obligations herein. C. Upon expiration, cancellation or termination of this Agreement: (1) At the discretion of COUNTY and as specified in writing by the Contract Administrator, GRANTEE shall deliver to the Contract Administrator all County Data so specified by COUNTY. (2) COUNTY shall have full ownership and control of all such County Data. If COUNTY permits GRANTEE to retain copies of the County Data, GRANTEE shall not, without the prior written consent of COUNTY or unless required by law, use any of the County Data for any purpose or in any manner whatsoever; shall not assign, license, loan, sell, copyright, patent and/or transfer any or all of such County Data; and shall not do anything which in the opinion of COUNTY would affect COUNTY’s ownership and/or control of such County Data. Grant Form 101 (Revised 08/2021) 5 (3) Except to the extent required by law or as agreed to by COUNTY, GRANTEE shall not retain any County Data that are confidential, protected, privileged, not public, nonpublic, or private, as those classifications are determined pursuant to applicable law. In addition, GRANTEE shall, upon COUNTY’s request, certify destruction of any County Data so specified by COUNTY. 10. RECORDS – AVAILABILITY/ACCESS Subject to the requirements of Minnesota Statutes section 16C.05, subd. 5, COUNTY, the State Auditor, or any of their authorized representatives, at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of GRANTEE and involve transactions relating to this Agreement. GRANTEE shall maintain these materials and allow access during the period of this Agreement and for six (6) years after its expiration, cancellation or termination. 11. SUCCESSORS, SUBCONTRACTING AND ASSIGNMENTS A. GRANTEE binds itself, its partners, successors, assigns and legal representatives to COUNTY for all covenants, agreements and obligations herein. B. GRANTEE shall not assign, transfer or pledge this Agreement whether in whole or in part, nor assign any monies due or to become due to it without the prior written consent of COUNTY. A consent to assign shall be subject to such conditions and provisions as COUNTY may deem necessary, accomplished by execution of a form prepared by COUNTY and signed by GRANTEE, the assignee and COUNTY. Permission to assign, however, shall under no circumstances relieve GRANTEE of its liabilities and obligations under the Agreement. C. GRANTEE shall not subcontract this Agreement whether in whole or in part, without the prior written consent of COUNTY. Permission to subcontract, however, shall under no circumstances relieve GRANTEE of its liabilities and obligations under the Agreement. Further, GRANTEE shall be fully responsible for the acts, omissions, and failure of its subcontractors in the performance of any specified contractual services, and of person(s) directly or indirectly employed by subcontractors. Contracts between GRANTEE and each subcontractor shall require that the subcontractor’s services be performed in accordance with this Agreement. GRANTEE shall make contracts between GRANTEE and subcontractors available upon request. For clarification and not limitation of the provisions herein, none of the following constitutes assent by COUNTY to a contract between GRANTEE and a subcontractor, or a waiver or release by COUNTY of GRANTEE’s full compliance with the requirements of this Section: (1) COUNTY’s request or lack of request for contracts between GRANTEE and Grant Form 101 (Revised 08/2021) 6 subcontractors; (2) COUNTY’s review, extent of review or lack of review of any such contracts; or (3) COUNTY’s statements or actions or omissions regarding such contracts. D. As required by Minnesota Statutes section 471.425, subd. 4a, GRANTEE shall pay any subcontractor within ten (10) days of GRANTEE’s receipt of payment from COUNTY for undisputed services provided by the subcontractor, and GRANTEE shall comply with all other provisions of that statute. 12. MERGER, MODIFICATION AND SEVERABILITY A. The entire Agreement between the parties is contained herein and supersedes all oral agreements and negotiations between the parties relating to the subject matter. All items that are referenced or that are attached are incorporated and made a part of this Agreement. If there is any conflict between the terms of this Agreement and referenced or attached items, the terms of this Agreement shall prevail. GRANTEE and/or COUNTY are each bound by its own electronic signature(s) on this Agreement, and each agrees and accepts the electronic signature of the other party. B. Any alterations, variations or modifications of the provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties. Except as expressly provided, the substantive legal terms contained in this Agreement including but not limited to Indemnification, Insurance, Merger, Modification and Severability, Default and Cancellation/Termination or Minnesota Law Governs may not be altered, varied, modified or waived by any change order, implementation plan, scope of work, development specification or other development process or document. C. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be affected. 13. DEFAULT AND CANCELLATION/TERMINATION A. If GRANTEE fails to perform any of the provisions of this Agreement, fails to administer the work so as to endanger the performance of the Agreement or otherwise breaches or fails to comply with any of the terms of this Agreement, it shall be in default. Unless GRANTEE’s default is excused in writing by COUNTY, COUNTY may upon written notice immediately cancel or terminate this Agreement in its entirety. Additionally, failure to comply with the terms of this Agreement shall be just cause for COUNTY to delay payment until GRANTEE’s compliance. In the event of a decision to withhold payment, COUNTY shall furnish prior written notice to GRANTEE. Grant Form 101 (Revised 08/2021) 7 B. Notwithstanding any provision of this Agreement to the contrary, GRANTEE shall remain liable to COUNTY for damages sustained by COUNTY by virtue of any breach of this Agreement by GRANTEE. Upon notice to GRANTEE of the claimed breach and the amount of the claimed damage, COUNTY may withhold any payments to GRANTEE for the purpose of set-off until such time as the exact amount of damages due COUNTY from GRANTEE is determined. Following notice from COUNTY of the claimed breach and damage, GRANTEE and COUNTY shall attempt to resolve the dispute in good faith. C. The above remedies shall be in addition to any other right or remedy available to COUNTY under this Agreement, law, statute, rule, and/or equity. D. COUNTY’s failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same, unless consented to in writing. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement. E. This Agreement may be canceled/terminated with or without cause by COUNTY upon thirty (30) days’ written notice. F. If this Agreement expires or is cancelled or terminated, with or without cause, by either party, at any time, GRANTEE shall not be entitled to any payment, fees or other monies except for payments duly invoiced for then-delivered and accepted deliverables/milestones pursuant to this Agreement. In the event GRANTEE has performed work toward a deliverable that COUNTY has not accepted at the time of expiration, cancellation or termination, GRANTEE shall not be entitled to any payment for said work including but not limited to incurred costs of performance, termination expenses, profit on the work performed, other costs founded on termination for convenience theories or any other payments, fees, costs or expenses not expressly set forth in this Agreement. G. GRANTEE has an affirmative obligation, upon written notice by COUNTY that this Agreement may be suspended or cancelled/terminated, to follow reasonable directions by COUNTY, or absent directions by COUNTY, to exercise a fiduciary obligation to COUNTY, before incurring or making further costs, expenses, obligations or encumbrances arising out of or related to this Agreement. 14. SURVIVAL OF PROVISIONS Provisions that by their nature are intended to survive the term, cancellation or termination of this Agreement do survive such term, cancellation or termination. Such provisions include but are not limited to: SERVICES TO BE PROVIDED GRANT REQUIREMENTS; INDEPENDENT CONTRACTOR; INDEMNIFICATION; INSURANCE; DUTY TO NOTIFY; DATA PRIVACY AND SECURITY; RECORDS- Grant Form 101 (Revised 08/2021) 8 AVAILABILITY/ACCESS; DEFAULT AND CANCELLATION/TERMINATION; MEDIA OUTREACH; and MINNESOTA LAW GOVERNS. 15. GRANT ADMINISTRATION In order to coordinate the services of GRANTEE with the activities of the Hennepin County Department of Environment and Energy so as to accomplish the purposes of this Agreement, Jennifer Kullgren, senior environmentalist, who can be contacted at (612) 596-1175 at Jen.Kullgren@Hennepin.us or successor (Contract Administrator), shall manage this Agreement on behalf of the COUNTY and serve as liaison between the COUNTY and GRANTEE. Lauren Stufft, who can be contacted at 952-949-8463 and lstufft@edenprairie.org, shall manage the agreement on behalf of GRANTEE. GRANTEE may replace such person but shall immediately give written notice to COUNTY of the name, phone number and email/fax number (if available) of such substitute person and of any other subsequent substitute person. 16. COMPLIANCE AND NON-DEBARMENT CERTIFICATION A. GRANTEE shall comply with all applicable federal, state and local statutes, funding sources, regulations, rules and ordinances currently in force or later enacted. B. GRANTEE certifies that it is not prohibited from doing business with either the federal government or the state of Minnesota as a result of debarment or suspension proceedings. 17. RECYCLING COUNTY encourages GRANTEE to establish a recycling program for at least three materials, such as newsprint, office paper, glass, plastic, and metal. 18. NOTICES Unless the parties otherwise agree in writing, any notice or demand which must be given or made by a party under this Agreement or any statute or ordinance shall be in writing, and shall be sent registered or certified mail. Notices to COUNTY shall be sent to the County Administrator with a copy to the originating COUNTY department at the address given in the opening paragraph of this Agreement. Notice to GRANTEE shall be sent to the address stated in the opening paragraph of this Agreement or to the address stated in GRANTEE’s Form W-9 provided to COUNTY. Grant Form 101 (Revised 08/2021) 9 19. CONFLICT OF INTEREST GRANTEE affirms that to the best of GRANTEE’s knowledge, GRANTEE’s involvement in this Agreement does not result in a conflict of interest with any party or entity which may be affected by the terms of this Agreement. Should any conflict or potential conflict of interest become known to GRANTEE, GRANTEE shall immediately notify COUNTY of the conflict or potential conflict, specifying the part of this Agreement giving rise to the conflict or potential conflict, and advise COUNTY whether GRANTEE will or will not resign from the other engagement or representation. Unless waived by COUNTY, a conflict or potential conflict may, in COUNTY’s discretion, be cause for cancellation or termination of this Agreement. 20. MEDIA OUTREACH GRANTEE shall notify COUNTY, prior to publication, release or occurrence of any Outreach (as defined below). The parties shall coordinate to produce collaborative and mutually acceptable Outreach. For clarification and not limitation, all Outreach shall be approved by COUNTY, by and through the Public Relations Officer or his/her designee(s), prior to publication or release. As used herein, the term “Outreach” shall mean all media, social media, news releases, external facing communications, advertising, marketing, promotions, client lists, civic/community events or opportunities and/or other forms of outreach created by, or on behalf of, GRANTEE (i) that reference or otherwise use the term “Hennepin County,” or any derivative thereof; or (ii) that directly or indirectly relate to, reference or concern the County of Hennepin, this Agreement, the Grant Requirements performed hereunder or COUNTY personnel, including but not limited to COUNTY employees and elected officials. 21. MINNESOTA LAWS GOVERN The laws of the state of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the parties and their performance. The appropriate venue and jurisdiction for any litigation will be those courts located within the County of Hennepin, state of Minnesota. Litigation, however, in the federal courts involving the parties will be in the appropriate federal court within the state of Minnesota. THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK Grant Form 101 (Revised 08/2021) 10 COUNTY ADMINISTRATOR APPROVAL Reviewed for COUNTY by the County Attorney's Office: Reviewed for COUNTY by: Document Assembled by: COUNTY OF HENNEPIN STATE OF MINNESOTA By: GRANTEE GRANTEE warrants that the person who executed this Agreement is authorized to do so on behalf of GRANTEE as required by applicable articles, bylaws, resolutions or ordinances.* By: *GRANTEE represents and warrants that it has submitted to COUNTY all applicable documentation (articles, bylaws, resolutions or ordinances) that confirms the signatory's delegation of authority. Documentation is not required for a sole proprietorship. CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: September 7, 2021 DEPARTMENT/DIVISION: Rod Rue Public Works / Engineering ITEM DESCRIPTION: I.C. 04-5632 Approve Professional Services Agreement with HTPO for the Pioneer Trail Reconstruction Project ITEM NO.: VIII.H. Requested Action Move to: Approve Professional Services Agreement with HTPO for the Pioneer Trail Reconstruction Project in the amount of $177,000. Synopsis This Professional Services Agreement will provide updated survey information and final design services for the reconstruction of Pioneer Trail. Pioneer Trail is a looped city street that connects with CSAH No. 1 (Pioneer Trail) at both its east and west termination points. We intend to finance this project through our pavement management fund, utility funds, and special assessment agreements. Background Information Pioneer Trail is currently a paved bituminous street in poor condition that does not have concrete curb and gutter or a storm drainage system. A bituminous trail exists along the north side of the street and will be reconstructed as part of the project. Our pavement management system that is utilized to assist in evaluating the pavement conditions of the city’s street network has identified this street as a priority candidate for reconstruction. Sanitary sewer and watermain infrastructure exists throughout most of the corridor, but city utility extensions will be needed to serve a couple properties on the west end of the project. Financial Implications Project costs will be financed through a combination of funding sources including pavement management, utility (wastewater, water, and stormwater) funds, and possibly special assessment agreements. Attachment Professional Services Agreement 2021 04 22 Version 2017 06 01 Agreement for Professional Services This Agreement (“Agreement”) is made on the _7th____ day of_ September______, 2021, between the City of Eden Prairie, Minnesota (hereinafter “City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and _Hansen Thorp Pellinen Olson, Inc. (HTPO)___ (“Consultant”), a Minnesota _corporation_ (hereinafter “Consultant”) whose business address is 7510 Market Place Drive, Eden Prairie, MN 55344______. Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for___Final Design of Pioneer Trail Improvements_(I.C. 04-5632)_ hereinafter referred to as the “Work”. The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit A (_Proposal Letter dated August 26, 2021 for Pioneer Trail Reconstruction – I.C. 04-5632___) in connection with the Work. Exhibit A is intended to be the scope of service for the work of the Consultant. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Term. The term of this Agreement shall be from _September 7, 2021_ through _ July 31, 2022______ the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $_ 117,000_ for the services as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. Page 2 of 10 2021 04 22 b. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. c. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: a. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. b. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. c. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. d. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: a. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by Page 3 of 10 2021 04 22 the City. Each invoice shall contain the City’s project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. b. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on Exhibit A performed prior to receipt of written notice from the City of such suspension. c. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City. d. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: “I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid.” 6. Project Manager and Staffing. The Consultant shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the Project Manager without the approval of the City. 7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein. 9. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written Page 4 of 10 2021 04 22 consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 10. Independent Consultant. Consultant is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Consultant and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Consultant an employee of the City. 11. Insurance. a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. If Consultant’s insurance does not afford coverage on behalf of subcontractors, Consultant must require and verify that all subcontractors maintain insurance meeting all the requirements of this paragraph 11, and Consultant must include in its contract with subcontractors the requirement that the City be listed as an additional insured on insurance required from subcontractors. In such case, prior to a subcontractor performing any Work covered by this Agreement, Consultant must: (i) provide the City with a certificate of insurance issued by the subcontractor’s insurance agent indicating that the City is an additional insured on the subcontractor’s insurance policy; and (ii) submit to the City a copy of Consultant’s agreement with the subcontractor for purposes of the City’s review of compliance with the requirements of this paragraph 11. c. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident Page 5 of 10 2021 04 22 $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 d. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products- completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. e. Professional Liability Insurance. In addition to the coverages listed above, Consultant shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. It shall be Consultant’s responsibility to pay any retention or deductible for the professional liability insurance. Consultant agrees to maintain the professional liability insurance for a minimum of two (2) years following termination of this Agreement. f. Consultant shall maintain “stop gap” coverage if Consultant obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. g. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations. h. All policies, except the Professional Liability Policy, shall apply on a “per project” basis. Page 6 of 10 2021 04 22 i. All General Liability policies, Automobile Liability policies and Umbrella policies shall contain a waiver of subrogation in favor of the City. j. All policies, except for the Worker’s Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. k. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. The Professional Liability policy shall insure the defense and indemnity obligations assumed by Consultant under this Agreement except with respect to the liability for loss or damage resulting from the negligence or fault of anyone other than the Consultant or others for whom the Consultant is legally liable. l. Consultant agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. m. It shall be Consultant’s responsibility to pay any retention or deductible for the coverages required herein. n. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City. o. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. p. A copy of the Consultant’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant’s Work. Upon request a copy of the Consultant’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City’s right to enforce the terms of Consultant’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. Page 7 of 10 2021 04 22 q. Effect of Consultant’s Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 12. Indemnification. Consultant will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Consultant, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Consultant, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Consultant harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 13. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement (“Information”) shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement (“Project”) does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party Page 8 of 10 2021 04 22 using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with Page 9 of 10 2021 04 22 the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. Page 10 of 10 2021 04 22 27. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar Data Practices Act compliance language. 30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager Page 11 of 10 2021 04 22 CONSULTANT Hansen Thorp Pellinen Olson, Inc. By: Its: Officer-Secretary 7510 Market Place Drive Eden Prairie, MN 55344 Phone: 952-829-0700 Fax: 952-829-7806 www.htpo.com HANSEN THORP PELLINEN OLSON, INC. August 26, 2021 Mary Krause City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Pioneer Trail Reconstruction Project, IC No. 04-5632 Dear Ms. Krause, HTPO is pleased to provide this proposal for land surveying, civil engineering, and landscape architecture services for the Pioneer Trail Reconstruction project. Based on the preliminary design and the meeting with you on July 20, 2021, it is our understanding that the project will consist of the reconstruction of Old Pioneer Trail, a bituminous trail on the north side of the roadway, stormwater management, and sanitary sewer, storm sewer, and water main improvements. SCOPE OF SERVICES We propose to provide the following services: 1. Boundary and Topographic Survey Boundary and topographic survey of the project area described above including the following items: a. Portrayal of underground utilities based upon a Gopher State One Call (GSOC) request, mapping provided by utility operators, as-builts provided by City, and field survey of marked utilities. b. Assist City with field locating existing sanitary sewer and water services based on as-builts and tie-cards, as needed. c. Identify existing right of way lines and easements per data provided by the City and per data available from the Hennepin County RecordEase system. d. Spot elevations on significant structures and features, such as drives, curb, sidewalk, and roadway that were impacted by the recent ABRA Auto Body construction as well as the western intersection between Pioneer Trail and Old Pioneer Trail that had been previously reconstructed. e. Additional topographic survey at grading tie-in points throughout the project area, as needed. f. Updates to rim and invert elevations on sanitary sewer and storm sewer utilities, as needed. g. Wetland Delineation update by Kjolhaug Environmental Services. City of Eden Prairie – Pioneer Trail August 26, 2021 Page 2 2. Temporary Construction Easements (up to 10 properties) a. Title research, limited to name of owner and existing easements. b. Prepare temporary easement exhibits including legal descriptions. c. Stake proposed easements for verification by City and property owners. d. Up to 30 hours to assist City with communications with property owners regarding easement acquisitions. 3. Design Development a. A site review of the existing conditions of the project area. b. Preparation of preliminary (60%) plans including removals, roadway and stormwater plan and profile, typical sections, trail layout, grading, sanitary sewer and watermain plan and profile, signing and stripping, erosion control, traffic control, plantings/tree replacement, restoration, and details. c. Preliminary stormwater treatment design. d. Preliminary engineer’s estimate. e. One meeting with the City. 4. Construction Documents a. Preparation of 90% plans and specifications based on the design development phase documents incorporating City review comments along with developing roadway cross sections and a SWPPP. b. Final stormwater treatment design. c. Update engineer’s estimate. d. Permitting applications i. Watershed District ii. MCES/MPCA Sanitary Connection iii. Health Department for Watermain iv. Hennepin County e. One meeting with the City. f. Finalize construction documents for bidding based on the City’s 90% review comments. 5. Bid Administration a. Post final construction documents for bidding on QuestCDN. b. Answer bidder’s questions. c. Prepare addendums, if needed. d. Attend bid opening. e. Review bids and provide recommendation for award. ASSUMPTIONS • We assume one round of City review comments at both the 60% and 90% submittal milestones. • Geotechnical services including finalizing the draft report will be by others. • Permit fees will be paid by City. • Landscape design will be limited to plant and tree replacement only. • Permanent easements will not be required. • Easement negotiations and acquisitions will be by the City. • Appraisals, if required, will be by others. • The City will record all documents that they would like recorded. • The City will provide all tax forms such as 1099’s. City of Eden Prairie – Pioneer Trail August 26, 2021 Page 3 • It is assumed that lender consents will not be required for parcels that are temporary easements only. • The City Attorney (CA) will provide all eminent domain tasks, if needed. HTPO’s assistance will be limited to providing information and files in our possession. • We will provide a separate proposal fee for construction phase services following the bid administration phase. • Submitting the MPCA stormwater permit application will be included in the construction administration phase. Permit will be submitted following City approval of the contractor. SCHEDULE The survey, easement, and design work will begin following authorization to proceed. It is our understanding final construction documents are to be completed for bidding in Winter ’22. COMPENSATION Compensation for those items described in the Scope of Services above will be on an hourly basis not to exceed (NTE) the total listed below: Services Estimated Fee 1. Boundary and Topographic Survey $ 12,300 2. Temporary Construction Easements $ 15,000 3. Design Development $ 40,400 4. Construction Documents $ 46,000 5. Bid Administration $ 2,600 Estimated Reimbursable Expenses $ 700 Total NTE $ 117,000 PAYMENT Invoices will be submitted based on actual hours worked using a 2.4 multiplier times direct personal expense, subconsultant fees, and reimbursable expenses incurred (printing, courier, and other out-of-house documents and fees). We will keep you informed of our work progress and the above fee estimate will not be exceeded without prior approval from your office. We invoice our services monthly payable within 30 days. We appreciate this opportunity to be a resource to you and we look forward to working with you on this project! If you have any questions or need additional information, please do not hesitate to contact us. Sincerely, HANSEN THORP PELLINEN OLSON, INC. Adam Pawelk, P.E. Laurie Johnson P.E. Project Manager President CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: September 7, 2021 DEPARTMENT/DIVISION: Mary Krause Public Works / Engineering ITEM DESCRIPTION: #21806 Approve Change Order No. 1 for the 2021 Pavement Management Project ITEM NO.: VIII.I. Requested Action Move to: Approve Change Order #1 for the 2021 Pavement Management project in the amount of $80,926.80. Synopsis Change Order #1 consists of additional costs as a result of unanticipated poor subgrade conditions on several streets within the pavement management project area. The standard mill and overlay or reclamation strategies were not possible in these areas; a solution of utilizing Portland cement stabilized reclamation was selected. The change order reflects the additional costs of implementing the Portland cement stabilization. Staff recommends approval of the additional costs. Background Information The project started in early July 2021, the project will be completed in early September. Change Order #1 is for the materials needed to provide the necessary subgrade corrections in order to provide a stable subgrade to place the bituminous mat. More detail is included with the attached change order. Financial Implications With this change order, the total contract amount increases from $2,556,288.50 to $2,637,215.30. Funding sources for this project include the Operating and Maintenance budget for mill and overlays and Pavement Management Funds. Attachment Change Order #1 CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: September 7, 2021 DEPARTMENT/DIVISION: Patrick Sejkora Public Works / Engineering ITEM DESCRIPTION: I.C. 20815 Approve Professional Services Agreement with HTPO for North Manor Road Drainage Improvements Project ITEM NO.: VIII.J. Requested Action Move to: Approve Professional Services Agreement with HTPO for North Manor Road Drainage Improvements Project in the amount of $36,000. Synopsis This Professional Services Agreement will provide design services for the reconstruction of North Manor Road with concrete curb and gutter and extended storm sewer to make necessary drainage improvements. The section of North Manor Road subject to the reconstruction is between Undestad Street and West 168th Avenue. Storm sewer will be extended to existing storm sewer to the north along West 168th Avenue. Background Information North Manor Road is currently a paved bituminous street that does not have concrete curb and gutter or a storm sewer system. Stormwater runoff has been observed flowing out of the right of way and into driveways, causing drainage issues for the affected residents. The runoff is also currently directed to a swale between two side yards that has been a maintenance issue. The street was previously identified for the 2022 Pavement Management Project, but this project will supersede that endeavor. Financial Implications Project costs will be funded through a combination of funding sources including Pavement Management and Storm Water Utilities. Attachment Professional Services Agreement 2021 04 22 Version 2017 06 01 Agreement for Professional Services This Agreement (“Agreement”) is made on the 7th day of September, 2021, between the City of Eden Prairie, Minnesota (hereinafter “City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Hansen Thorp Pellinen Olson, Inc. (“Consultant”), a Minnesota corporation (hereinafter “Consultant”) whose business address is 7510 Market Pl Dr # 101, Eden Prairie, MN 55344. Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for N Manor Road Reconstruction hereinafter referred to as the “Work”. The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit A ( Proposal dated August 27, 2021) in connection with the Work. Exhibit A is intended to be the scope of service for the work of the Consultant. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Term. The term of this Agreement shall be from September 7, 2021 through October 31, 2022 the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $ 36,000.00 for the services as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. c. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for Page 2 of 10 2021 04 22 performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: a. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. b. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. c. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. d. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: a. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City’s project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. b. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on Page 3 of 10 2021 04 22 Exhibit A performed prior to receipt of written notice from the City of such suspension. c. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City. d. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: “I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid.” 6. Project Manager and Staffing. The Consultant shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the Project Manager without the approval of the City. 7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein. 9. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The Page 4 of 10 2021 04 22 minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 10. Independent Consultant. Consultant is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Consultant and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Consultant an employee of the City. 11. Insurance. a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. If Consultant’s insurance does not afford coverage on behalf of subcontractors, Consultant must require and verify that all subcontractors maintain insurance meeting all the requirements of this paragraph 11, and Consultant must include in its contract with subcontractors the requirement that the City be listed as an additional insured on insurance required from subcontractors. In such case, prior to a subcontractor performing any Work covered by this Agreement, Consultant must: (i) provide the City with a certificate of insurance issued by the subcontractor’s insurance agent indicating that the City is an additional insured on the subcontractor’s insurance policy; and (ii) submit to the City a copy of Consultant’s agreement with the subcontractor for purposes of the City’s review of compliance with the requirements of this paragraph 11. c. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations Page 5 of 10 2021 04 22 Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 d. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. e. Professional Liability Insurance. In addition to the coverages listed above, Consultant shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. It shall be Consultant’s responsibility to pay any retention or deductible for the professional liability insurance. Consultant agrees to maintain the professional liability insurance for a minimum of two (2) years following termination of this Agreement. f. Consultant shall maintain “stop gap” coverage if Consultant obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. g. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations. h. All policies, except the Professional Liability Policy, shall apply on a “per project” basis. i. All General Liability policies, Automobile Liability policies and Umbrella policies shall contain a waiver of subrogation in favor of the City. j. All policies, except for the Worker’s Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. k. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. The Professional Page 6 of 10 2021 04 22 Liability policy shall insure the defense and indemnity obligations assumed by Consultant under this Agreement except with respect to the liability for loss or damage resulting from the negligence or fault of anyone other than the Consultant or others for whom the Consultant is legally liable. l. Consultant agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. m. It shall be Consultant’s responsibility to pay any retention or deductible for the coverages required herein. n. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City. o. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. p. A copy of the Consultant’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant’s Work. Upon request a copy of the Consultant’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City’s right to enforce the terms of Consultant’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. q. Effect of Consultant’s Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the Page 7 of 10 2021 04 22 negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 12. Indemnification. Consultant will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Consultant, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Consultant, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Consultant harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 13. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement (“Information”) shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement (“Project”) does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for Page 8 of 10 2021 04 22 mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Page 9 of 10 2021 04 22 Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to Page 10 of 10 2021 04 22 examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar Data Practices Act compliance language. 30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE __________________________ ___ _____ Mayor ______________________________ _____ City Manager CONSULTANT _______________________________________ By: Its: EXHIBIT A 7510 Market Place Drive Eden Prairie, MN 55344 Phone: 952-829-0700 Fax: 952-829-7806 www.htpo.com HANSEN THORP PELLINEN OLSON, INC. August 27, 2021 Mr. Patrick Sejkora City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 RE: N Manor Rd Reconstruction Dear Patrick, HTPO is pleased to provide this proposal for Civil Engineering services for the N Manor Rd project. Our understanding is that the City would like to construct roadway and drainage improvements to reduce flooding conditions impacting adjacent property owners. The goal of this project is to implement storm sewer improvements along 168th Ave W and extending westerly along N Manor Rd. SCOPE OF SERVICES We propose to provide the following services: A. Preliminary Design – HTPO will work with City staff to evaluate and design storm sewer improvements which will require roadway reconstruction and curb and gutter replacement. Design tasks include:  Evaluation of drainage alternatives and grade adjustments of the existing street, including potential residential driveway impacts.  Preliminary plan preparation for grading, erosion control, storm sewer, stormwater management, and street improvements. Includes Cost Estimating.  Up to two (2) meeting with City staff and one (1) neighborhood meeting. B. Construction Documents – Includes final design drawings and specifications for contractor bidding. This includes preparation of storm sewer and roadway improvement plans, erosion & sediment control plans and construction details. Includes stormwater management, SWPPP, and watershed permit submittal. C. Bid Administration - Includes plan distribution, answering contractor’s questions, attendance at bid opening, review of bids and tabulation, and letter of recommendation. Page 2 of 2 RE: N Manor Rd August 27, 2021 ASSUMPTIONS  Total disturbance will remain under the watershed’s threshold to trigger stormwater management improvements.  Geotechnical engineer will be contracted directly through the City.  Street and drainage improvements will be incorporated into one bid package. SCHEDULE We will commence our work upon your authorization to proceed. This proposal will remain valid for ninety days. We assume that work will extend through summer 2022 until construction completion. COMPENSATION Compensation for those items described in the Scope of Services above are estimated as follows: Services Fee A. Preliminary Design $ 16,500 B. Construction Documents $ 16,000 C. Bid Administration $ 2,500 D. Reimbursables $ 1,000 Total Fees and Expenses $ 36,000 Invoices will be submitted based on actual hours worked using a 2.4 multiplier times direct personal expense, and reimbursable expenses incurred (printing, courier, and other out-of-house documents and fees). We will keep you informed of our work progress and the above fee estimate will not be exceeded without prior approval from your office. We invoice our services monthly payable within 30 days. If you have any questions or need additional information, please do not hesitate to contact us. Thank you for this opportunity to provide our services. Sincerely, HANSEN THORP PELLINEN OLSON, INC. Aaron Carrell, PE James Barich Vice President Vice President CITY COUNCIL AGENDA SECTION: Public Hearings DATE: September 7, 2021 DEPARTMENT/DIVISION: Community Development/Planning Janet Jeremiah/Sarah Strain ITEM DESCRIPTION: Olympic Hills Golf Course Clubhouse Renovation ITEM NO.: IX.A. Requested Action Move to: •Close the Public Hearing; and •Adopt a Resolution for a Site Plan Review on 82.31 acres Synopsis The applicant is proposing an exterior façade remodel of the current clubhouse building. Two (2) additions are also proposed; a small entrance vestibule on the west side of the building and an approximately 1,400 square foot storage space on the east side of the building. The proposed changes include modifying exterior building elevations to a more modern façade that exceeds City Code requirements and to provide upgraded amenities to club members and guests. This work will be done in phases over the next three (3) years. Background Phase 1 The first phase of improvements is proposed to start this fall. These improvements include the exterior façade remodel, terrace renovation, and storage area addition. The existing clubhouse building was constructed prior to the building material standards requiring 75 percent Class I materials and 25 percent Class II materials. The current clubhouse façades do not meet the material standards. The proposed exterior remodel is consistent with City design guidelines and brings the building into compliance with updated architectural code requirements. The façade improvements include color variations, accent materials, and additional windows. The building will include brick, limestone, terra cotta brick, and glass. Metal and wood will be used as accents. Each façade will meet 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 Vestibule Green Roof Terrace Proposed Façade, including limestone, brick, glass, and terra cotta panels. Glass railing will surround the terrace. The terrace renovation will include installing additional pergolas to shelter the terrace area. There is an existing pergola over a portion of the terrace. The full terrace area will be covered by pergolas upon completion of the exterior modifications. The pergolas will have louvers with rain sensors, and the louvers will close when rain is detected. This will both provide additional amenity space for members and guests in inclement weather and help protect the terrace, furnishings, and building exterior from the elements. The applicant is also requesting to add approximately 1,586 square feet to the building. The storage addition will be approximately 1,425 square feet and will be constructed in the first phase. The storage addition will be located on the northeast corner of the building, circled in red below. It will be attached to the existing clubhouse with helical anchors, meaning no foundation needs to be created as part of the addition. By reducing the amount of land disturbed in the renovation since there will be no digging and grading for a foundation, the applicant hopes to minimize impacts to the surrounding natural area and wetlands. New trees and landscaping will be planted around the addition to provide screening of the addition from the golf course and the public right-of-way. These plantings exceed the code requirements for landscaping required for the storage area addition. Mechanical equipment screening Metal fireplace accent Phase 2 The second phase of the clubhouse renovation will include an approximately 160 square foot addition on the west side of the building for an entrance vestibule. The existing green roof over the golf shop is proposed to be reconfigured to accommodate terrace seating. The existing terrace area along the south side of the building will connect to the new terrace area. These alterations are outlined in blue above. Phase 2 is anticipated to be complete in 2023. The green roof is about 1,820 square feet. The new terrace area will include planters along the periphery to offer greenery and soften the visual transition between the grounds and the clubhouse. The applicant is also proposing faux living wall panels as part of the phase terrace renovations to reincorporate this design element into the clubhouse. As part of the second phase, the applicant is also proposing interior remodels to convert storage space into offices and a member’s lounge. These interior remodels will be reviewed administratively by the Building Department. The proposed façade remodel and building additions are considered to be a Minor Amendment to an approved Site Plan and Architectural Design. Minor Amendments are allowed for code compliant façade remodels and building additions less than 2,000 square feet. 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 November 27, 2021. Attachments 1. Site Plan Resolution 2. Guide Plan Map 3. Zoning Map 4. Aerial Map 5. Location Map Existing Green Roof Proposed Terrace and Planters CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2021-____ A RESOLUTION GRANTING SITE PLAN APPROVAL FOR OLYMPIC HILLS GOLF COURSE BY AULIK DESIGN BUILD WHEREAS, Aulik Design Build has applied for Site Plan approval of the Olympic Hills Golf Course Clubhouse to remodel the façade of an existing golf course building and to construct approximately 1,500 square feet of building addition; and WHEREAS, Section 11.03 Subd. 6 allows certain new or amended Site Plan and Architectural Design applications to be subject to review and consideration for approval by the City Council only without referral to the Planning Commission; and WHEREAS, the Site Plan approval of the Olympic Hills Golf Course Clubhouse addresses the building façades and building additions consistent with Section 11.03 Subd. 6; and WHEREAS, the City Council has reviewed said application to remodel the façade of an existing golf course building and construct building additions at a public hearing at its September 7, 2021 meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval is granted to remodel the façade of an existing golf course building and to construct approximately 1,500 square feet of building additions, reviewed and approved by the City Council on September 7th, 2021. ADOPTED by the City Council of the City of Eden Prairie this 7th day of September 2021. ____________________________________ Ronald A. Case, Mayor ATTEST: ___________________________ Nicole Tingley, City Clerk FRANLO RDMOUNT C U R V E R D BENNETT PLPIO N E E R T R LOLYMPIA DRPURGATORY RD NIBLICK LN LAUREL DRAMESBURY LNSPOON RDGASPEN CIRPIONEER TRL 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: Olympic Hills Golf CourseAddress:10625 Mount Curve RoadEden Prairie, MN 55347 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 590 0 590295 Feet Date Approved: 10-01-2019 QR1 FRANLORDBENNETT PLWINDSORTERNOTTINGHAMTRLOLYMPIA DRWELTERS WAY B U CKINGHAM DR LAUR E LDRAMESBURY LNNIBLICK LN AMSDEN W A Y MOUNTCURVERD SPOONRDGCR OM W ELLDR OLYMPICCIR LEAFTOPCIRBLOSSOM RD BR ASSIECIRDOGWOODCIRBENNETTPLPURGATORY RD C R EEKRIDGE DR ENTRE VAUXDRCLU B HOUSERDPIONEERTRL 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, 2021 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: Olympic Holls Golf CourseAddress:10625 Mount Curve RoadEden Prairie, Minnesota 55347 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 Wetlands QR1 FRANLO RDFRANLO RDBENNETT PLNOTTINGHAMTRL LAUR ELDRCROM WELL D ROLYMPIA DRW IL D HERONPT OLDWAGONTRLWELTERS WAY B U CKINGHAMDRAMESBURY LNNIBLICK LN AMSDEN W AY MOUNTCURVERD SPOONRDGWINDSORTEROLYMPICCIR BLOSSOM RD TARN C I R BR ASSIECIRDOGWOODCIRBALSAM LNBENNETTPLPURGATORY RD C R EEKRIDGE DR ENTRE VAUXDRCLU B HOUSERDOVERLOOKTRLPIONEERTRL ¯0 600 1,200300 Feet Aerial Map: Olympic Hills Golf CourseAddress:10625 Mount Curve RoadEden Prairie, MN 55347 Project Site Olympic Hills Golf Course QR1 FRANLO RDFRANLO RDBENNETT PLNOTTINGHAMTRL LAUR ELDRCROM WELL D ROLYMPIA DRW IL D HERONPT OLDWAGONTRLWELTERS WAY B U CKINGHAMDRAMESBURY LNNIBLICK LN AMSDEN W AY MOUNTCURVERD SPOONRDGWINDSORTEROLYMPICCIR BLOSSOM RD TARN C I R BR ASSIECIRDOGWOODCIRBALSAM LNBENNETTPLPURGATORY RD C R EEKRIDGE DR ENTRE VAUXDRCLU B HOUSERDOVERLOOKTRLPIONEERTRL ¯0 600 1,200300 Feet Location Map: Olympic Hills Golf CourseAddress:10625 Mount Curve RoadEden Prairie, MN 55347 Project Site Olympic Hills Golf Course CITY COUNCIL AGENDA SECTION: Public Hearings DATE: September 7, 2021 DEPARTMENT/DIVISION: Community Development/Planning Janet Jeremiah/ Sarah Strain ITEM DESCRIPTION: Johnson Ridge ITEM NO.: IX.B. Requested Action Move to: • Close the Public Hearing; and • Adopt a Resolution for a Planned Unit Development Concept Review on 2.1 acres • Approve the 1st Reading of the Ordinance for a Planned Unit Development District Review with waivers and a Zoning District Change from R1-22 to R1-9.5 on 2.1 acres • Adopt a Resolution for a Preliminary Plat to divide 1 lot into 6 lots on 2.1 acres • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions • Authorize the issuance of an early Land Alteration Permit for Johnson Ridge at the request of the Developer subject to the conditions outlined in the permit. Synopsis The applicant is requesting approval to develop 9995 Bennett Place into six (6) single-family lots. The parcel is located on Bennett Place south of Pioneer Trail. 9995 Bennett Place currently contains a single family home that will be demolished before construction begins. The property is surrounded by single-family development. With a density of approximately 2.86 units per acre, the project is consistent with the Low-Density Residential guiding. The applicant is requesting to rezone the property from R1-22 to R1-9.5. Preliminary Plat The proposed preliminary plat includes six (6) single-family lots on a cul-de-sac street extending into the site from Bennett Place. The proposed name for the cul-de-sac is Johnson Ridge. The lots range in size from 9,697 square feet to 17,429 square feet, meeting the requirements of the R1-9.5 zoning district. All of the proposed lots meet front, side, and rear lot setbacks. The applicant is requesting PUD waivers for minimum lot width for the lots on the bulb of the cul-de-sac and lot depth for Lot 3. Outlot C, the highlighted property in the image to the right, is owned by the City. It was acquired as part of the Moorhead Addition when the properties to the north developed in 1989. The intention of the City acquiring this outlot was that when 9995 Bennett Place developed, the rest of the cul-de-sac would be provided as right-of-way and constructed by the developer. The City is maintaining ownership of Outlot C, and the rest of the area needed for the cul-de-sac will be conveyed as right-of-way. There are two (2) existing homes that border Outlot C. The driveway and utility services for 9977 Bennett Place, the eastern lot, will be moved to be serviced by Johnson Ridge as part of this project. A 10 foot retaining wall will be built in the right-of-way north of the cul-de-sac due to the grade changes between the existing lots to the north and the proposed development. Planned Development Waivers As a part of the PUD process, the applicant is seeking waivers to City Code requirements as outlined below. A. Minimum Lot Depth– City Code requires a minimum lot depth of 100 feet in the R1-9.5 zoning district. All of the lots meet or exceed minimum lot depth requirements except for Lot 3. The waiver would allow Lot 3 to have a lot depth of 91 feet for a portion of the lot. This depth is needed to accommodate the bulb of the cul-de-sac. The street layout cannot be shifted to the north due to the existing houses to the north. The side lot lines are both longer than 100 feet, but there is a small arc into the property for the bulb of the cul-de-sac that creates a depth of 91 feet at its shortest point. B. Minimum Lot Width - City Code requires a minimum lot width of 70 feet at the street right-of-way and a minimum width of 55 feet for those lots entirely on the circular portion of the cul-de-sac. The three (3) lots on circular portion of the cul-de-sac, Lots 4-6, do not meet the minimum lot width standards. Although the lots are narrow at the street, the lots are deeper and wider than the minimum requirement in the R1-9.5 zoning district. There is enough space on each lot to accommodate a single-family home. The waiver allows Lots 4-6 to have lot widths between 30 feet and 54 feet at the right of way. C. Maximum Street Grade – City Code, Chapter 12 requires a maximum street grade of 8%. The applicant is requesting a street grade of 9.11%. Creating a steeper street grade will allow the retaining wall in the right-of-way to be 1.5 to 2 feet shorter than if the street grade was constructed as normal. The steeper grade will also create better driveway grades for the new lots and 9977 Bennett Place than a code compliant alternative. The steeper road grade will align better with the existing grades onsite. Tree Replacement The project site requires 238 caliper inches of tree replacement based on the proposed significant and heritage tree removals. The applicant is proposing to save 33.5 inches of heritage trees on the site. The proposed tree replacement plan exceeds City Code requirements. Airport The property is located in Airport Safety Zone C. Airport Safety Zone C encompasses all properties within one (1) mile of the airport. Restrictions in Safety Zone C are height and radio or electrical interference. The proposed single-family homes are below the maximum height permitted and do not pose a hazard for radio or electrical interference, consistent with airport zoning requirements. The Development Agreement will include language regarding noise mitigation and airport disclosure requirements. Sustainable Features The stormwater management is proposed to be infiltration basins planted with native species. The applicant is proposing to wire the garages to be ready for electric vehicles. The grading plan notes that each home will also be provided with a rain barrel for stormwater management and reuse. Early Grading Permit In an effort to meet their construction schedule, the applicant has requested approval of an early Land Alteration Permit. Approval of the permit will allow the applicant to begin mass grading on the site prior to the 2nd reading. Issuance of early land alteration permits have been requested and approved by the Council for other projects. Issuance of an early land alternation permit requires the submittal and approval by City staff of all relevant information. Any work completed prior to final approval of the project is done at the Developer’s risk. Planning Commission Recommendation The Planning Commission voted 7-0 to recommend approval of the project at the August 9, 2021 meeting. There were a few items that needed to be addressed prior to the 1st reading before City Council, including providing additional detail about the drain tile along the southern property line. These items have been addressed for the plans submitted for City Council. Attachments 1. Ordinance for PUD and Rezone 2. Resolution for PUD Concept 3. Resolution for Preliminary Plat 4. Staff Report 5. Guide Plan Map 6. Zoning Map 7. Aerial Photo 8. Unapproved Planning Commission Minutes JOHNSON RIDGE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2021-PUD-_-2021 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AMENDING THE DESIGNATION OF CERTAIN LAND WITHIN A ZONING DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the “land”) is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the R1-22 Zoning District and be placed in the R1-9.5 Zoning District. Section 3. That action was duly initiated proposing that the designation of the land be amended within the R1-9.5 Zoning District as -2021-PUD-_-2021 (hereinafter "PUD-_-2021”). Section 4. The City Council hereby makes the following findings: A. PUD-_-2021 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-_-2021 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-_-2021 are justified by the design of the development described therein. D. PUD-_-2021 is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the R1-22 Zoning District and placed in the R1-9.5 Zoning District respectively as noted in Exhibit A and shall be included hereafter in the Planned Unit Development PUD-_-2021 and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of entered into between Laketown Builders, LLC and the City of Eden Prairie, (hereinafter “Development Agreement”). The Development Agreement contains the terms and conditions of PUD-_-2021, and are hereby made a part hereof. Section 7. 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 8. 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 7th day of September, 2021, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the ____ day of ________, 2021. ATTEST: __________________________________ ___________________________________ Nicole Tingley, City Clerk Ronald A. Case, Mayor PUBLISHED in the Sun Sailor on__________________, 2021. EXHIBIT A Legal Description Prior to Final Plat: Outlot A, BLOSSOM RIDGE, Hennepin County, Minnesota And Outlot C, MOORHEAD ADDITION, Hennepin County, Minnesota. Abstract Property Legal Description After to Final Plat: Lots 1-6, Block 1, Johnson Ridge, Hennepin County, Minnesota And Outlot C, MOORHEAD ADDITION, Hennepin County, Minnesota. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2021-___ A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF JOHNSON RIDGE FOR LAKETOWN BUILDERS, LLC WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) Concept of certain areas located within the City; and WHEREAS, the Planning Commission did conduct a public hearing on August 9, 2021, on Johnson Ridge by Laketown Builders, LLC and considered their request for approval of the PUD Concept Plan and recommended approval of the request to the City Council; and WHEREAS, the City Council did consider the request on September 7, 2021. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Johnson Ridge, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof (“Property”). 2. That the City Council does grant PUD Concept approval as outlined in the plans stamp dated September 2, 2021. 3. That the PUD Concept meets the recommendations of the Planning Commission dated August 9, 2021. ADOPTED by the City Council of the City of Eden Prairie this 7th day of September, 2021. _______________________ Ronald A. Case, Mayor ATTEST: ______________________________ Nicole Tingley, City Clerk EXHIBIT A PUD Concept Legal Description: Outlot A, Blossom Ridge, Hennepin County, Minnesota And Outlot C, Moorhead Addition, Hennepin County, Minnesota CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2021-___ RESOLUTION APPROVING THE PRELIMINARY PLAT OF JOHNSON RIDGE FOR LAKETOWN BUILDERS, LLC. BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Johnson Ridge for Laketown Builders. LLC. stamp dated September 2, 2021, and consisting of 2.1 acres into six lots, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved subject to approval of the 2nd reading of the Ordinance for the Planned Development District Review with waivers and a Zoning District change and approval of the Development Agreement. ADOPTED by the Eden Prairie City Council on the 7th day of September, 2021. _______________________________ Ronald A. Case, Mayor ATTEST: __________________________ Nicole Tingley, City Clerk STAFF REPORT TO: Planning Commission FROM: Sarah Strain, Planner II DATE: August 9, 2021 SUBJECT: Johnson Ridge LOCATION: 9995 Bennett Place REQUEST: • Planned Unit Development Concept Review on 2.1 acres • Planned Unit Development District Review with waivers on 2.1 acres • Zoning District Change from R1-22 to R1-9.5 on 2.1 acres • Preliminary Plat to create 6 lots on 2.1 acres 120 DAY REVIEW PERIOD DEADLINE: October 19, 2021 BACKGROUND The applicant is requesting approval to develop 9995 Bennett Place into six (6) single-family lots. The property is 2.1 acres and is along Bennett Place south of Pioneer Trail. 9995 Bennett Place currently contains a single family home, which will be demolished before construction begins. The property is bordered by single-family development on all sides. GUIDING AND ZONING The property is currently zoned R1-22. The applicant is requesting to rezone the property to R1-9.5. Residential zoning of surrounding property is R1-13.5. Other recent infill development projects have been zoned R1- 9.5 while the neighboring residential properties have been zoned R1-13.5 or R1-22, such as Stable Path, Beverly Ridge, Highland Oaks, and Eden Ridge. The property is guided for Low Density Residential, which allows a maximum of five (5) dwelling units per acre. The proposed project density is 2.86 units per acre, consistent with current guiding. Staff Report – Johnson Ridge August 9, 2021 Page 2 2 PRELIMINARY PLAT The proposed preliminary plat includes six (6) single family lots. The lots are located along a new cul-de-sac extending to the east from Bennett Place, proposed to be called Johnson Ridge. The lots range in size from 9,697 square feet to 17,429 square feet, meeting the requirements of the R1-9.5 zoning district. All of the proposed lots meet front, side, and rear lot setbacks. The applicant is requesting PUD waivers for minimum lot width for the lots on the bulb of the cul-de-sac and lot depth for Lot 3. A 10 foot retaining wall will be built in the right-of-way north of the cul-de- sac due to the grade changes between the existing lots to the north and the proposed development. Additional retaining walls will be built near the infiltration basins on Lots 1 and 6. These walls will be privately owned and maintained. This property was shown in a ghost or conceptual plan for potential future development in 1989 when the properties to the north were developed as part of the Moorhead Addition. Through the Moorhead Addition, the City acquired Outlot C, highlighted in the image below. The intention of the City acquiring this outlot was that when 9995 Bennett Place developed, the rest of the cul-de-sac would be provided as right-of-way and constructed by the developer. The City is maintaining ownership of Outlot C, and the rest of the area needed for the cul-de-sac will be conveyed as right-of-way. Staff Report – Johnson Ridge August 9, 2021 Page 3 3 There are two (2) existing homes that border Outlot C. The driveway and utility services for 9977 Bennett Place, the eastern lot, will be moved to be serviced by Johnson Ridge as part of this project. PLANNED UNIT DEVELOPMENT WAIVERS The purpose of a Planned Unit Development (PUD) as stated in the City Code is to provide for a more creative and efficient approach to the use of land within the City; to allow variety in the types of environment available to people and distribution of overall density of population and intensity of land use where desirable and feasible; and provide for greater creativity and flexibility in environmental design. As a part of the PUD process, the applicant is seeking a waiver to City Code requirements as outlined below. A. Minimum Lot Depth – City Code requires a minimum lot depth of 100 feet in the R1- 9.5 zoning district. All of the lots meet or exceed minimum lot depth requirements except for Lot 3. The waiver would allow Lot 3 to have a lot depth of 91 feet. This depth is needed to accommodate the bulb of the cul-de-sac. The street layout cannot be shifted to the north due to the existing houses to the north. The side lot lines are both longer than 100 feet, but there is a small arc into the property for the bulb of the cul-de-sac that creates a depth of 91 feet at its shortest point. B. Minimum Lot Width - City Code requires a minimum lot width of 70 feet at the street right-of-way and a minimum width of 55 feet for those lots entirely on the circular portion of the cul-de-sac. The three (3) lots on circular portion of the cul-de-sac, Lots 4-6, do not meet the minimum lot width standards. Although the lots are narrow at the street, the lots are deeper and wider than the minimum requirement in the R1-9.5 zoning district. There is enough space on each lot to accommodate a single-family home. The waiver allows Lots 4-6 to have lot widths between 30 feet and 54 feet. C. Maximum Street Grade – City Code, Chapter 12 requires a maximum street grade of 8%. The applicant is requesting a street grade of 9.11%. Creating a steeper street grade will allow the retaining wall in the right-of-way to be 1.5 to 2 feet shorter than if the street grade was constructed as normal. The steeper grade will also create better driveway grades for the new lots and 9977 Bennett Place than a code compliant alternative. The steeper road grade will align better with the existing grades onsite. TREE REPLACEMENT The project site requires 238 caliper inches of tree replacement based on the proposed significant and heritage tree removals. The applicant is proposing to save 33.5 inches of heritage trees on the site. The proposed tree replacement plan exceeds City Code requirements. Prior to the first reading at City Staff Report – Johnson Ridge August 9, 2021 Page 4 4 Council, the applicant will revise the Tree Replacement Plan to provide a phasing plan for tree installation, with Phase 1 being trees in backyards and side areas and phase 2 trees being in front yards and areas surrounding building pads. STREETS AND TRAFFIC The six (6) single-family homes are expected to generate approximately 60 trips in a day. The transportation system in and around the project area is anticipated to accommodate the additional traffic. DRAINAGE The stormwater runoff from the site will be directed to infiltration basins located in the northeast and southwest corners of the development. The infiltration basins will provide temporary storage of stormwater runoff, treatment of stormwater, and sediment removal. The basin at the southwest corner will discharge to the existing storm sewer system in the Bennett Place right-of-way. The northeast basin will discharge into the existing storm sewer system at the northeast corner of the property. SUSTAINABILIY FEATURES The stormwater management is proposed to be infiltration basins planted with native species. The applicant is proposing to wire the garages to be ready for electric vehicles. The grading plan notes that each home will also be provided with a rain barrel for stormwater management and reuse. ARCHITECTURE The new homes will be one and two-story with walkout and look out lower-level options for guest rooms, living, and entertaining space. The applicant has provided an example of the proposed house design, shown in the picture to the right. The Development Agreement will include language to provide for diversity in design, materials, and color to help ensure neighboring parcels are not identical, similar to language included in the Development Agreements for Stable Path and Prairie Heights. Staff Report – Johnson Ridge August 9, 2021 Page 5 5 AIRPORT The property is located in Airport Safety Zone C. Airport Safety Zone C encompasses all properties within one (1) mile of the airport. Restrictions in Safety Zone C are height and radio or electrical interference. The proposed single-family are below the maximum height permitted and do not pose a hazard for radio or electrical interference, consistent with airport zoning requirements. The Development Agreement will include language regarding noise mitigation and airport disclosure requirements. UTILITIES Public sanitary sewer and water are proposed to be extended from Bennett Place into the new cul-de- sac. The utility services for 9977 Bennett Place will be moved to be serviced from Johnson Ridge as part of this project. SIGNS There are no monument signs proposed for this development. Any sign proposed in the future will require review and approval through a sign permit to ensure compliance with Section 11.70 of City Code. NEIGHBORHOOD MEETING The applicant held a neighborhood meeting on March 25, 2021. The discussion included grading and drainage, construction traffic and access, and the size/scale of the proposed homes. Residents south of the property asked the developer to pay special consideration to drainage along the southern property line. Drain tiles are included along the rear property lines of Lots 1-4 to direct stormwater to the southwest infiltration basin. As of August 2, 2021, staff has not received any comments on the proposed project. STAFF RECOMMENDATION Staff recommends approval of the following: • Planned Unit Development Concept Review on 2.1 acres • Planned Unit Development District Review with waivers on 2.1 acres • Zoning District Change from R1-22 to R1-9.5 on 2.1 acres • Preliminary Plat to create 6 lots on 2.1 acres This is based on plans stamp dated July 30, 2021, and staff report dated August 9, 2021 and the following conditions: 1. Prior to the 1st reading by the City Council, the applicant shall: Staff Report – Johnson Ridge August 9, 2021 Page 6 6 A. Revise the Tree Replacement Plan to provide a phasing plan for tree installation, with Phase 1 being trees in backyards and side areas and phase 2 trees being in front yards and areas surrounding building pads. 2. Prior to release of the Final Plat, the applicant shall: A. Sign special assessment agreement for City trunk sewer and water assessment fees. B. Submit a bond, letter of credit, or cash deposit (“security”) that guarantees completion of all public utility improvements equivalent to 125% of the cost of the improvements. 3. Prior to land alteration permit issuance, the applicant shall: A. Submit detailed stormwater runoff, wetland, utility, street, and erosion control plans for review and approval by the City Engineer. B. Obtain and provide documentation of Watershed District approval. C. Notify the City and Watershed District 48 hours in advance of grading. D. Install erosion control at the grading limits of the property for review and approval by the City. E. Submit a tree replacement letter of credit or escrow surety equivalent to 150% of the cost of the tree replacement. A surety will be required for each phase of tree replacement as shown on the Exhibit B Plans. F. Submit a land alteration bond, letter of credit, or escrow surety equivalent to 125% of the cost of the land alteration. 4. Prior to building permit issuance for the property, the applicant shall: A. Pay the appropriate cash park fees. 5. The following waivers are granted through the PUD for the project as indicated in the plans stamp dated July 30, 2021. A. Minimum Lot Depth – City Code requires a minimum lot depth of 100 feet in the R1-9.5 zoning district. The waiver would allow Lot 3 to have a lot depth of 91 feet.. The side lot lines are both longer than 100 feet, but there is a small arc into the property for the bulb of the cul-de-sac that creates a depth of 91 feet at its shortest point. B. Minimum Lot Width - City Code requires a minimum width of 55 feet for lots entirely on the circular portion of the cul-de-sac. The three (3) lots on circular portion of the cul-de-sac, Lots 4-6, do not meet the minimum lot width standards. The waiver allows Lots 4-6 to have lot widths between 30 feet and 54 feet. Staff Report – Johnson Ridge August 9, 2021 Page 7 7 C. Maximum Street Grade – City Code, Chapter 12 requires a maximum street grade of 8%. The applicant is requesting a street grade of 9.11% to better align with the existing grades onsite. MEADE LNBENNETT PLJACKSON DR BLUESTEM LNPURGATORY RDBLOSSOM RD WILD HERON PT PIO N E E R T R L GRANT DR CREEKRIDGE DR OLD WAGON TRLLAWSON LNCity 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: Johnson RidgeAddress: 9995 Bennett PlaceEden Prairie, Minnesota 55347 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 Streams 390 0 390195 Feet Date Approved: 10-01-2019 PROJECT SITE MEADE LNBENNETT PLJACKSON DR BLU E S T E M L NPURGATORY RDBLOSSOM RD WILD HERON PT PIO N E E R T R L GRANT DR CREEKRIDGE DR OLD WAGON TRLLAWSON LNPIO N E E R T R L City of Eden Prairie Zoning Map ¯ 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 Zoning Map: Johnson RidgeAddress: 9995 Bennett PlaceEden Prairie, Minnesota 55347 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 Wetlands 390 0 390195 Feet Ordinance #33-2001 (BFI Addition) approved, but not shown on this map edition Up dated through approved Ordinances #26-2008 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. Date: March 1, 2020 Prairie Lutheran Church PROJECT SITEProposing re-zoning from R1-22 to R1-9.5 BENNETT PLMEADE LNJACKSON DR PIO N E E R T R L BLUE S T E M L N BLOSSOM RDWINDSOR TERPURGATORY RD GRANT DR WILD HERON PT CREEKRIDGE DR SP O O N R D G OLD WAGON TRLLAWSON LNPIO N E E R T R L ¯ Aerial Map: Johnson RidgeAddress: 9995 Bennett PlaceEden Prairie, Minnesota 55347 0 390 780195 Feet PROJECT SITE Purgatory Creek UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, AUGUST 9, 2021 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, William Gooding, Robert Taylor CITY STAFF: Julie Klima, City Planner; Matt Bourne, Manager of Parks and Natural Resources; Rod Rue, City Engineer; Kristin Harley, Recording Secretary I. CALL THE MEETING TO ORDER Chair Pieper called the meeting to order at 7:34 p.m. II. PLEDGE OF ALLEGIANCE – ROLL CALL Absent were commission members Taylor and Mette. III. APPROVAL OF AGENDA MOTION: Farr moved, seconded by Kirk to approve the amended agenda with the public hearing for Item VA being moved after the public hearing for Item VB. MOTION CARRIED 7-0. IV. MINUTES MOTION: Gooding moved, seconded by DeSanctis to approve the minutes of June 28, 2021. MOTION CARRIED 7-0. V. PUBLIC HEARINGS A. JOHNSON RIDGE (2021-05) Request for: • Planned Unit Development Concept Review on 2.1 acres • Planned Unit Development District Review with waivers on 2.1 acres • Zoning Change from R1-22 to R1-9.5 on 2.1 acres • Preliminary Plat on 2.1 acres Harold Worrell displayed a PowerPoint and detailed the application. This was an L-shaped property on which the applicant proposed to create six single family lots PLANNING COMMISSION MINUTES August 9, 2021 Page 2 on 2.1 acres. Water retention ponds and swales at the property lines would redirect the water. Sustainable features included EV-ready garages, and there was a tree replacement plan. A new cul-de-sac would be constructed on Outlot C which was owned by the City and had been deeded to the City of Eden Prairie for this reason. The cul-de-sac would extend east from Bennett Place to allow accessibility to the new lots. The community would be named “Johnson Ridge” in honor of the original owners of the land, Harold and Viola Johnson. Farr thanked the applicant for attempting to save many of the mature trees, but he noted the tree survey plan showed many trees were clustered along the southwest area where the new drain tile would go in and asked how these trees would be saved. Worrell replied the drain tile would be shallow and would not affect the existing trees. Farr objected the silt fence was up against the trunks of the trees, not their drip line, thus disturbing the trees. Worrell replied his understanding was the silt fence only went up to the drip line of the trees. Klima gave the staff report. As part of the PUD, the applicant was requesting waivers for minimum lot depth, minimum lot width, and maximum street grade. The property was currently zoned R1-22 and would be rezoned to R1-9.5, consistent with the Comprehensive Plan. There were portions of the lot that did meet the 100-foot lot requirement, and a few portions that fell below. The grade waiver would exceed Code by 1.11 percent. The development agreement would address the home designs, which were varied. Staff recommended approval. Farr reiterated his question about the risk to the saved trees being lost to the silt fence and drain tile installation. Bourne replied there was some grading work that approached these trees. Most of them were resilient for root damage, whereas the large heritage oaks merited some concern. City staff would observe and adjust the grading work as needed. The drain line had been added to the landscape plan later, and staff would take a closer look at that. Farr asked if there were alternative methods to control draining along the property lines. Bourne replied all options would include similar grading work. City staff would visit the site to inspect the work. William Habicht, of 9955 Bennett Place, a former Eden Prairie Planning Commissioner, stated he could not recall a situation in which a property completely encircled by R1-22 zoning being changed to R1-9.5 and asked for a compromise of R1-13 or some similar zoning, and three or four houses instead of six. Joe Houterman, of 9977 Bennett Place, asked who was looking out for the heritage trees on his property which abutted the north side of the new development. PLANNING COMMISSION MINUTES August 9, 2021 Page 3 John Kellogg, of 11180 Jackson, stated he was immediately behind Lot One where the dry pond would go in. He expressed support for the development. Maureen Moorhead, of 9969 Bennett Place, who lived north of the proposed cul-de-sac, also expressed concern for trees adjoining this proposed development. She stated homeowners did not want to be responsible for their removal should the trees die. She also stated the retaining wall could affect her driveway. Also Outlot C had an existing fire hydrant and asked if City utilities would be affected. MOTION: Markos moved, seconded by Gooding to close the public hearing. MOTION CARRIED 7-0. Bourne stated the trees in Outlot C would be lost due to construction, but staff would ensure the security of other trees on other properties adjacent to the development. Farr stated there were trees noted for retention within Outlot C that the residents were concerned about. Bourne added there was nothing north of the development on private property that would involve the removal of trees. Rue stated the easement along the north property line of this development was permanent. Worrell stated he had discussed the grading plan with the Moorheads, and there was the potential for the developer to do some work on their driveway. Farr asked for and received confirmation these two parties would work out an agreement. DeSanctis asked if the existing homestead on southeast corner had any historic value, and Worrell stated he was not aware of any significant historical value to this property. At one time, that slope was far steeper and the area was denser at the time this house was put in. DeSanctis asked what would be the process if the developer came across artifacts from the original household, and Worrell replied he would contact the State for advice in that case. Klima added the City had a list of historically designated and potentially significant properties, and photo- documentation and sampling of potentially significant properties were done in the case of development. The Johnson home was not on this list as a historically significant property. Farr stated the staff report listed precedence for this change in zoning. Klima displayed a map and explained the surrounding properties were actually zoned R1-13.5, and the change R1-9.5 zoning was being utilized much more frequently in the past few years than perhaps ten years ago. It supported the type of housing of the Comprehensive Plan and was often used in such infill developments. Farr commended the natural boulder retaining wall around the retaining pond to the northeast but asked for the reason for the prefabricated rectangular retaining wall for the other pond. Worrell stated this would be an engineered keystone wall system designed by the engineers. Rue replied the City did not allow boulder PLANNING COMMISSION MINUTES August 9, 2021 Page 4 walls within a City right-of-way. Keystone modular block was preferred and big block were the most reliable. Rue added the existing fire hydrant would be abandoned and a new one constructed. Kirk stated sometimes development is sometimes perceived as less than idea but was consistent with City’ s long term plans, and this developer had done a good job of making this plan work. He stated this was a reasonable infill development that balanced consistency with economic realities. Farr agreed, and added he supported the waivers as staff had done a good job weighing the pros and cons. DeSanctis agreed with Kirk that this development conformed to the requirement in architecture but had misgivings how so many developments mimicked the aesthetic of high-end homes. He wished to see more affordable homes but kept seeing homes starting at $800,000.00 and up. Higgins also stated she had mixed feelings about carving out land for a cul-de-sac and the lack of affordable housing but found this development to be a thoughtful compromise and not the appropriate project to incorporate affordability. Markos added she agreed with Farr and Kirk, and added she hoped this developer would continue to meet and talk with the current residents and hear their concerns. Gooding also expressed his support and noted that most of the comments tonight were in favor of the development alongside their concerns, which was rare. Pieper also urged the developer to continue to listen to the surrounding residents. MOTION: Kirk moved, seconded by Markos to recommend approval of the Planned Unit Development Concept Review on 2.1 acres; Planned Unit Development District Review with waivers on 2.1 acres, Zoning Change from R1-22 to R1-9.5 on 2.1 acres, and Preliminary Plat on 2.1 acres based on plans stamp dated July 30, 2021 and the staff report dated August 9, 2021. MOTION CARRIED 7-0. B. 6245 DUCK LAKE RD BUILDING MOVE (2021-10) Request for: • Building Move of an existing garage from 17117 62nd St W to 6245 Duck Lake Rd The applicant, Josh Hohn, of 6245 Duck Lake Road, displayed a PowerPoint and detailed his application. Due to the death of his neighbor, the Hohn family purchased his property and wished to move the existing garage from that property to his. This was a move of about 75 feet and there were no trees or other impediments in the way of the move. The professional moving company being used, utility companies and City staff had inspected the site, and a survey had been completed. He displayed a view of how the garage would look on his site. A single-family garage would then be provided for the house at 17117 62nd Street West. PLANNING COMMISSION MINUTES August 9, 2021 Page 5 Farr noted there was already a three-car garage attached to this house, so the garage would be an accessory building and asked if there would be a driveway. Hohn replied there would be a driveway constructed off the existing driveway. Klima presented the planner’s report. This was a request for a moving permit. This application met all four criteria for the permit. Staff recommended approval. Farr noted the property to the north was served by two driveways and asked staff to comment on the loss and rebuilding of the garage. Klima replied a new garage would be provided which would not impact the two driveways into the site. Farr asked if a property could have a six-car garage, and Klima replied this application met the City standard for accessory structures. MOTION: Higgins moved, seconded by DeSanctis to close the public hearing. MOTION CARRIED 7-0. Markos commended the applicant for reusing a structure. MOTION: Gooding moved, seconded by DeSanctis to authorize the issuance of a building moving permit based on plans stamp dated July 12, 2021 and information and conditions of authorization provided in the staff report dated August 9, 2021. MOTION CARRIED 7-0. C. 775 PRAIRIE CENTER DRIVE (BOA 2021-02) Request for: • Monument sign height of 10 feet, 2 inches. City Code maximum is 8 feet. • Monument sign area of 56 square feet. City Code maximum is 50 square feet. Rick Ferraro, of Spectrum Science Systems, displayed a PowerPoint and detailed the application. An elevated sign would replace the existing low-profile sign to aid in visibility. The setback would remain the same. DeSanctis asked where the light pole was in relation to the sign. Rue replied there were two light poles, one north and one south of the sign. DeSanctis noted the existing sign was more stylized than the proposed sign, which looked like a “monolith.” Ferraro stated the applicant was looking for an updated and professional look, in consistent with the building. Gooding stated the sign was higher but did not stand out to drivers and asked how this design was more visible. Ferraro stated this was a reasonable sign size that enhanced the site, and the designers produced this result. For complete visibility PLANNING COMMISSION MINUTES August 9, 2021 Page 6 an even larger sign would be needed. DeSanctis asked what the font size was. Ferraro replied the characters were between five and six inches, and each inch yielded 30 feet of visibility. He was satisfied with the color contrast. Farr stated this sign was going from a four-tenant sign to a six-tenant sign, which was more text with a decrease in font size would be a disadvantage to drivers, though not necessarily a safety hazard. He had no objection to the square footage, but the intelligibility of the sign was in question. DeSanctis added seasonal factors could affect the sign as well as the time of day. Ferraro replied daytime and nighttime viewing had been taken into consideration, and there was nothing better than a black-and-white sign for contrast. Higgins stated this sign was the right approach. Kirk stated the commission needed to give the applicant the benefit of the doubt, since the Southwest LRT construction made the visibility of this building more difficult. He preferred this design to the existing one, and it could be changed if drivers find this building difficult to find. Klima presented the planner’s report. The sign height would be 10 feet 2 inches, above the 8 feet allowed by Code, and the sign area would increase from 50 to 56 square feet. This design met the requirements and staff recommended approval. DeSanctis asked if a variance was required for LED lights to surround the sign, and Klima replied one was not required for lighting. Gooding clarified he did not question the need for a change; he was questioning whether or not the sign would be effective. MOTION: Farr moved, seconded by Higgins to close the public hearing. MOTION CARRIED 7-0. DeSanctis asked if LED lights could surround the sign. Ferraro replied the sign was internally illuminated so that the letters illuminated. Farr commended the sign expansion since the main intent was not only visibility but to add more messaging due to more clients. He stated the speed of drivers passing and the amount of messaging on signs could perhaps be included in the City’s Code and consideration along with the dimensions of signs. Pieper also commended the sign’s design. Farr noted these parking lots were connected for emergency vehicle access which sometimes residents also used and asked if the City would continue to promote such cross-connectivity. Bourne replied the City did not promote it since two driveways were private and one was public but it was possible to use the emergency vehicle access. PLANNING COMMISSION MINUTES August 9, 2021 Page 7 MOTION: Farr moved, seconded by Kirk to approve Variance Request 2021-02 based on the staff report dated August 9, 2021 and findings of the Final Order 2021-02. MOTION CARRIED 7-0. PLANNERS’ REPORT MEMBERS’ REPORTS VI. ADJOURNMENT MOTION: Markos moved, seconded by DeSantis to adjourn. MOTION CARRIED 7-0. The meeting was adjourned at 9:03 p.m. CITY COUNCIL AGENDA SECTION: Payment of Claims DATE: September 7, 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 284716 – 285237 Wire Transfers 1028617 – 1028778 Wire Transfers 8396 - 8417 Purchasing card 8416 City of Eden Prairie Council Check Summary 9/7/2021 Division Amount Division Amount 000 General 62,579 308 E-911 277 100 City Manager 35,009 315 Economic Development 26,433 101 Legislative 2,621 509 CIP Fund 328,581 102 Legal Counsel 34,228 513 CIP Pavement Management 1,963 110 City Clerk 344 522 Improvement Projects 2006 43,002 111 Customer Service 3,130 536 General LRT 519,932 112 Human Resources 395 538 SingleTree Lane South 643 113 Communications 12,519 539 2020 Improvement Projects 3,611 114 Benefits & Training 2,987 540 Duck Lake Rd. Reconstruction 39,803 130 Assessing 1,396 804 100 Year History 4 131 Finance 2,664 Total Capital Projects Fund 964,248 132 Housing and Community Services 266 133 Planning 517 601 Prairie Village Liquor 170,150 136 Public Safety Communications 7,301 602 Den Road Liquor 298,332 137 Economic Development 999 603 Prairie View Liquor 192,073 138 Community Development Admin.986 605 Den Road Building 6,668 150 Park Administration 3,088 701 Water Enterprise Fund 555,814 151 Park Maintenance 57,178 702 Wastewater Enterprise Fund 362,086 153 Organized Athletics 318 703 Stormwater Enterprise Fund 75,608 154 Community Center 9,773 Total Enterprise Fund 1,660,731 155 Beaches 1,740 156 Youth Programs 33,085 802 494 Commuter Services 40,051 157 Special Events 13,431 806 SAC Agency Fund 27,335 158 Senior Center 1,240 807 Benefits Fund 373,473 159 Recreation Administration 13,506 809 Investment Fund 1,298 160 Therapeutic Recreation 32 811 Property Insurance 131,178 162 Arts 12,833 812 Fleet Internal Service 180,177 163 Outdoor Center 2,527 813 IT Internal Service 145,900 164 Park Rental Facilities 758 814 Facilities Capital ISF 813 168 Arts Center 1,404 815 Facilites Operating ISF 12,952 180 Police Sworn 32,562 816 Facilites City Center ISF 58,759 184 Fire 61,351 817 Facilites Comm. Center ISF 79,047 200 Engineering 26 Total Internal Svc/Agency Funds Report Totals1,050,982 201 Street Maintenance 1,810,731 202 Street Lighting 515 Report Total 5,906,669 Total General Funds 2,224,039 301 CDBG 6,631 303 Cemetary Operation 37 Total Special Revenue Fund 6,668 City of Eden Prairie Council Check Register by GL 9/7/2021 Check #Amount Supplier / Explanation Account Description Business Unit 284794 1,723,550 BITUMINOUS ROADWAYS INC Asphalt Overlay Street Maintenance 285184 519,932 METRO TRANSIT Other Contracted Services General LRT 284840 337,628 METROPOLITAN COUNCIL MCES User Fee Wasterwater Collection 285216 299,170 QUALITE SPORTS LIGHTING LLC Repair & Maint. Supplies Capital Maint. & Reinvestment 8408 284,233 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits 1028725 167,072 XCEL ENERGY Reimbursement Senior Center 284998 128,123 LEAGUE MN CITIES INS TRUST Insurance Property Insurance 8413 117,444 MINNESOTA DEPT OF REVENUE Sales Tax Payable Historical Culture 285176 116,319 KARL CHEVROLET INC Autos Fleet Capital 285217 111,162 REHBEIN'S AGRICULTURAL SERVICES Lime Residual Removal Water Treatment 285041 85,264 XIGENT SOLUTIONS LLC Hardware - R&M IT Capital 8416 68,975 USB-PURCHASING CARD Operating Supplies Utility Operations - General 284855 61,434 SM HENTGES & SONS INC Improvement Contracts General Fixed Asset Account Gr 285002 58,893 METERING & TECHNOLOGY SOLUTIONS Capital Under $25,000 Water Metering 284809 48,375 DEPARTMENT OF CORRECTIONS Other Contracted Services Utility Operations - General 285006 47,227 MINNESOTA DEPT OF HEALTH Licenses, Taxes, Fees Utility Operations - General 284795 43,216 BOLTON & MENK INC Design & Engineering Duck Lake Rd. Reconstruction 1028764 41,437 LOGIS Other Contracted Services IT Operating 284861 40,364 THOMAS AND SONS CONSTRUCTION INC Improvement Contracts Improvement Projects 2006 1028761 37,249 GREGERSON ROSOW JOHNSON & NILAN LTD Legal Economic Development Fund 1028673 30,556 XCEL ENERGY Reimbursement Facilities Operating ISF 284977 29,411 EULL'S MANUFACTURING CO INC Other Contracted Services Capital Maint. & Reinvestment 8410 29,393 EMPOWER Deferred Compensation Health and Benefits 284868 27,062 METROPOLITAN COUNCIL Other Revenue SAC Agency Fund 284983 24,774 GRAYMONT Treatment Chemicals Water Treatment 8409 22,475 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 8399 22,147 NCR PAYMENT SOLUTIONS,PA, LLC Bank and Service Charges Liquor Store Delivery 1028653 21,931 DIVERSE BUILDING MAINTENANCE Janitor Service Prairie View Liquor Store 285078 21,475 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 285086 21,277 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 284972 20,000 DAVID HARRIS CONSTRUCTION CO INC Accounts Receivable TIF-Eden Shores Senior Housing 284956 19,988 AXIOS LLC Health & Fitness Fire 284818 19,973 GRAYMONT Treatment Chemicals Water Treatment 285163 19,968 GRAYMONT Treatment Chemicals Water Treatment 285212 19,875 PREMIER LAKE HARVESTING LLC Other Contracted Services Stormwater Non-Capital 1028707 17,770 ASPEN EQUIPMENT CO.Autos Water Enterprise Fund 284747 16,665 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 284858 16,595 SSI KEF SLB LLC Electric Maintenance Facility 285020 16,026 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 284984 14,676 GRI EDEN PRAIRIE, LLC Waste Disposal Prairie Village Liquor Store 8397 14,030 FURTHER - AKA SELECT HSA - Employer Health and Benefits 284789 13,819 ASSURED SECURITY Repair & Maint. Supplies Purgatory Creek Park 285108 13,810 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 285039 13,717 WATERFRONT RESTORATION LLC Other Contracted Services Stormwater Non-Capital 1028668 13,553 STREICHERS Clothing & Uniforms Police Sworn 284901 13,175 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store Comments 2020 Pavement Mgmt Southwest LRT Project Wastewater Svc Fee Sept 2021 Miller Park Soccer lighting Payroll taxes PR Ending 08.13.21 Multi location electric Property/casualty premiums Sales Tax July 2021 New vehicles 450, 457, 458, 128 Waterplant Lime Hauling Check #Amount Supplier / Explanation Account Description Business Unit 1028651 12,835 BIFFS INC Waste Disposal Park Maintenance 285102 12,545 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 284756 12,502 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 284910 12,204 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 285169 12,188 HOOTSUITE Other Contracted Services Prairie View Liquor Store 8398 12,186 FURTHER - AKA SELECT Other Deductions Health and Benefits 1028709 12,075 CENTERPOINT ENERGY Gas General Community Center 285061 12,007 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 284737 11,892 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store 285000 11,532 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 285055 11,469 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 285068 11,461 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store 285021 10,876 PRESCRIPTION LANDSCAPE Landscape Materials/Supp Street Maintenance 285213 10,796 PRESCRIPTION LANDSCAPE Contract Svcs - Lawn Maint.Building 51 8396 10,718 I-494 CORRIDOR COMMISSION Wages and Benefits 494 Corridor Commission 8417 10,707 I-494 CORRIDOR COMMISSION Wages and Benefits 494 Corridor Commission 284806 10,240 CORRECTIVE ASPHALT MATERIALS LLC Seal Coating Street Maintenance 285166 9,921 HAMMER COMMUNITY SOLAR LLC Electric Facilities Operating ISF 284724 9,839 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 1028755 9,652 CDW GOVERNMENT INC.Software Maintenance IT Operating 285135 9,629 COMMERCIAL TRUCK COLLISSION INC Equipment Repair & Maint Fleet Operating 285201 9,573 NATIVE RESOURCE PRESERVATION Maintenance Contracts Stormwater Non-Capital 284797 9,187 CATALYST GRAPHICS INC Printing Community Brochure 285174 9,000 IRON MALTESE ATHLETICS Health & Fitness Fire 285137 8,824 CORE & MAIN Repair & Maint. Supplies Stormwater Collection 284919 8,446 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 284876 8,422 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 284738 8,373 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 284850 8,270 RAINBOW TREECARE Other Contracted Services Tree Disease 284968 7,952 CORE & MAIN Repair & Maint. Supplies Stormwater Collection 284890 7,765 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 1028714 7,745 HAWKINS INC Treatment Chemicals Water Treatment 284772 7,681 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 284942 7,664 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 284988 7,205 HINTERLAND CSG LLC Electric Facilities Operating ISF 1028778 7,086 XCEL ENERGY Electric General Fund 284928 7,074 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store 284782 7,035 AAA STRIPING SERVICE CO Contracted Striping Traffic Signs 285070 6,966 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store 284746 6,932 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store 284935 6,763 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 1028771 6,742 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Utility Operations - General 284765 6,717 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store 285146 6,705 DG CENTRAL 1 LLC Electric Facilities Operating ISF 285023 6,694 REVOLUTIONARY SPORTS, LLC Instructor Service Preschool Events 285008 6,500 MINNESOTA MUNICIPAL BEVERAGE ASSOCIATION Dues & Subscriptions Prairie View Liquor Store 285218 6,500 RIGHTLINE DESIGN LLC Other Contracted Services Communications 284866 6,390 VERIZON WIRELESS Other Contracted Services IT Operating 284884 6,159 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 285015 5,940 NORTH PINE AGGREGATE, INC Gravel Stormwater Collection Check #Amount Supplier / Explanation Account Description Business Unit 285134 5,839 COMMERCIAL ASPHALT CO Asphalt Overlay Stormwater Collection 8405 5,730 U.S. BANK - I-494 PURCH. CARD Marketing 494 Corridor Commission 1028670 5,722 WM MUELLER AND SONS INC Gravel Stormwater Collection 1028662 5,717 METROPOLITAN MECHANICAL CONTRACTORS Contract Svcs - HVAC Maintenance Facility 1028712 5,716 GENUINE PARTS COMPANY Small Tools Ice Arena Maintenance 1028721 5,666 STREICHERS Clothing & Uniforms Police Sworn 285077 5,650 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store 285027 5,631 SOBANIA COMMUNITY SOLAR Electric Facilities Operating ISF 284827 5,588 HOPKINS SPORTS CAMPS LLC Instructor Service Camps 284825 5,500 HENNEPIN COUNTY MEDICAL CENTER Training Fire 284777 5,371 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 284841 5,335 MIDWEST FENCE & MFG COMPANY Contract Svcs - General Bldg Den Bldg. - CAM 284902 5,251 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 1028756 5,137 CENTERPOINT ENERGY Gas Water Supply (Wells) 1028636 5,091 GUNNAR ELECTRIC CO INC Other Contracted Services Park Maintenance 284755 5,069 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 285154 5,057 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Autos Fleet Capital 284930 4,982 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store 285094 4,925 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store 284865 4,853 VANELLA GROUP OF MN, LLC, THE Other Contracted Services July 4th Celebration 285123 4,805 BRYAN ROCK PRODUCTS INC Asphalt Overlay Street Maintenance 1028770 4,765 SRF CONSULTING GROUP INC Design & Engineering 2020 Improvement Projects 285083 4,643 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 284719 4,605 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 285126 4,600 CASTRO CLEANING LLC Janitor Service Utility Operations - General 285101 4,562 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 285069 4,540 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 285237 4,490 WM CORPORATE SERVICES INC Other Contracted Services Street Maintenance 285120 4,428 AVR INC Asphalt Overlay Stormwater Collection 284763 4,410 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store 285194 4,385 MOBILE RADIO ENGINEERING INC Equipment Repair & Maint Public Safety Communications 284836 4,380 LEGACY GYMNASTICS Instructor Service Camps 284822 4,371 HEALTHPARTNERS Wages and Benefits 494 Corridor Commission 284878 4,281 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 1028767 4,161 PARROTT CONTRACTING INC Equipment Repair & Maint Utility Operations - General 284798 4,154 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Stormwater Collection 284990 4,059 HOPKINS SPORTS CAMPS LLC Instructor Service Camps 284810 3,983 DEPT OF EMPLOYMENT/ECONOMIC DEVELOPMENT Interest Economic Development Fund 284730 3,953 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 285033 3,891 SUMMIT COMPANIES Contract Svcs - Fire/Life/Safe Fleet Operating 285048 3,791 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 285233 3,696 UNITED SYSTEMS & SOFTWARE INC Software Utility Operations - General 284869 3,562 VERIZON WIRELESS Data Plans - Police IT Operating 285096 3,551 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store 284934 3,446 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 285054 3,428 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 285037 3,398 VALLEY PAVING INC Outside Water Sales Water Enterprise Fund 285106 3,391 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 284991 3,379 INDIGO SIGNWORKS, INC.Protective Clothing City Hall (City Cost) 284903 3,343 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit 284847 3,339 PROP Other Contracted Services CDBG - Public Service 1028762 3,283 HAWKINS INC Treatment Chemicals Water Treatment 284909 3,269 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store 284929 3,261 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 284916 3,209 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 1028690 3,120 FLEETPRIDE INC Equipment Parts Fleet Operating 284867 3,087 WM CORPORATE SERVICES INC Waste Disposal General Community Center 284904 3,086 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 284857 3,080 SOT G OWNER LLC Reimburse-legal notices General Fund 285197 3,054 MRPA Conference/Training Parks Administration 284832 3,048 LAW ENFORCEMENT LABOR SERVICES INC.Union Dues Withheld Health and Benefits 284764 3,012 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 1028706 3,003 VAN PAPER COMPANY Supplies - General Bldg General Community Center 285200 3,000 NATIVE PRIDE PRODUCTIONS Other Contracted Services Staring Lake Concert 284877 2,945 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 284980 2,880 FLYING CLOUD TRANSFER STATION 4553 Waste Disposal Park Maintenance 284739 2,847 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store 284791 2,840 AT YOUTH PROGRAMS LLC Instructor Service Camps 284898 2,813 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 1028686 2,748 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store 285170 2,671 IMPACT PROVEN SOLUTIONS Other Contracted Services Wastewater Accounting 284781 2,653 SAFETY FIRST PLAYGROUND MAINTENANCE Landscape Materials/Supp Park Maintenance 284804 2,553 CORE & MAIN Repair & Maint. Supplies Stormwater Collection 1028724 2,510 WM MUELLER AND SONS INC Repair & Maint. Supplies Utility Operations - General 284776 2,506 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 285060 2,506 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 285161 2,490 GIRARD'S BUSINESS SOLUTIONS INC Capital Under $25,000 Finance 8411 2,445 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits 1028776 2,427 W W GOETSCH ASSOCIATES INC Repair & Maint. Supplies Water Treatment 285089 2,398 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 1028657 2,368 GRAINGER Operating Supplies Water Metering 1028753 2,360 WSB & ASSOCIATES INC Design & Engineering Improvement Projects 2006 285178 2,292 KODRU MOONEY Repair & Maint. Supplies Water Treatment 285183 2,291 METERING & TECHNOLOGY SOLUTIONS Capital Under $25,000 Water Metering 285110 2,286 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 1028760 2,253 GRAINGER Repair & Maint. Supplies Prairie View Liquor Store 285227 2,250 STRATEGIC INSIGHTS INC Software Maintenance IT Operating 284951 2,200 AMERICAN TEST CENTER INC Equipment Testing/Cert.Fire 285219 2,200 RING OF KERRY Other Contracted Services Staring Lake Concert 285157 2,178 FASTSIGNS Signs Park Maintenance 285050 2,146 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 285095 2,119 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 285049 2,112 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 285191 2,081 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 284824 2,075 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police Sworn 284718 2,018 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 285226 2,004 STATE OF MINNESOTA Autos Fleet - Park & Rec 284816 2,000 FOOTE BRIAN Rebates Stormwater Non-Capital 284723 1,973 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 1028738 1,963 BRAUN INTERTEC CORPORATION Testing CIP Pavement Management Check #Amount Supplier / Explanation Account Description Business Unit 285156 1,940 F I R E Training Fire 284788 1,935 ARVIG ENTERPRISES INC Fiber Lease Payments IT Operating 284883 1,931 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 285172 1,925 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits 284837 1,920 LYNCH CAMPS INC Instructor Service Camps 284783 1,910 ADVANTAGE PROPERTY MAINTENANCE INC Other Contracted Services Park Maintenance 285040 1,905 WM CORPORATE SERVICES INC Waste Blacktop/Concrete Street Maintenance 1028678 1,864 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store 284995 1,842 KIESLER POLICE SUPPLY INC.Training Supplies Police Sworn 285225 1,818 STATE OF MINNESOTA Autos Fleet - Park & Rec 285198 1,815 MVP CRICKET LLC Instructor Service Lesson Skills Development 284851 1,800 SAMBATEK INC Maintenance Contracts Water Treatment 285220 1,800 SHADYWOOD TREE EXPERTS INC Other Contracted Services Tree Disease 1028648 1,749 WSB & ASSOCIATES INC Design & Engineering Improvement Projects 2006 285066 1,722 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 1028645 1,720 SITEONE LANDSCAPE SUPPLY, LLC Repair & Maint. Supplies Miller Park 285228 1,705 SUMMIT COMPANIES Maintenance Contracts Water Treatment 1028661 1,705 METRO SALES INCORPORATED*Equipment Rentals 494 Corridor Commission 285092 1,693 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 284966 1,685 COMPAS Other Contracted Services Staring Lake Concert 8412 1,683 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits 284828 1,644 HP INC Software IT Capital 284771 1,641 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 285026 1,600 SNOTI Other Contracted Services Staring Lake Concert 284879 1,585 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store 285045 1,579 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 284845 1,567 PERA Wages and Benefits 494 Corridor Commission 285209 1,567 PERA Wages and Benefits 494 Corridor Commission 284849 1,492 PROP Other Contracted Services CDBG - Public Service 284852 1,475 SERVPRO OF NORTH ST PAUL WHITE BEAR LAKE Insurance Property Insurance 285171 1,440 INDIGO SIGNWORKS, INC.Signs Staring Lake 285124 1,424 BURNS DALLAS Rebates Stormwater Non-Capital 284720 1,396 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 284768 1,384 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 285042 1,374 YORKTOWN OFFICES Rent 494 Corridor Commission 284908 1,367 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 285185 1,365 MHSRC/RANGE Tuition Reimbursement/School Police Sworn 1028741 1,359 FASTENAL COMPANY Operating Supplies Fleet Operating 285036 1,351 USA INFLATABLES Other Contracted Services July 4th Celebration 1028744 1,334 LYNDALE PLANT SERVICES Contract Svcs - Int. Landscape City Center - CAM 284958 1,330 BOUND TREE MEDICAL LLC EMS Supplies Fire 284793 1,317 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 284830 1,300 JAVA PROPERTIES LLC Deposits General Fund 284863 1,298 US BANK Interest Investment Fund 284915 1,298 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store 1028742 1,281 GOPHER STATE ONE-CALL Other Contracted Services Water Distribution 285211 1,275 PRECISE MRM LLC Software Fleet Operating 285025 1,260 SALAMANDER TECHNOLOGIES INC Equipment Repair & Maint Public Safety Communications 284954 1,260 ASPEN MILLS Clothing & Uniforms Police Sworn 284907 1,258 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit 284744 1,246 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 284887 1,243 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 1028672 1,243 CENTERPOINT ENERGY Gas Senior Center 1028625 1,241 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store 284931 1,223 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store 285199 1,223 NATIONAL MARTIAL ARTS ASSOCIATION, INC Instructor Service Lesson Skills Development 285082 1,211 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store 284848 1,187 PROP Other Contracted Services CDBG - Public Service 1028640 1,185 MIDWEST OVERHEAD CRANE Maintenance Contracts Water Treatment 285075 1,167 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 284716 1,165 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 285038 1,143 WALLIS CORI Travel Expense Fire 1028655 1,128 ETHANOL PRODUCTS LLC Treatment Chemicals Water Treatment 1028665 1,102 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical Water Treatment 1028718 1,090 REINDERS INC Operating Supplies Park Maintenance 1028715 1,084 IDEAL SERVICE INC Equipment Repair & Maint Water Supply (Wells) 284792 1,083 BADGER METER Telephone Water Metering 284839 1,083 MARCO INC Hardware - R&M IT Operating 284838 1,082 MACQUEEN EQUIPMENT INC Protective Clothing Fire 284859 1,070 SUMMIT COMPANIES Contract Svcs - Fire/Life/Safe Fire Station #2 284729 1,031 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 1028685 1,023 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 284846 1,018 PROLOGIS AR Utility Water Enterprise Fund 284880 1,011 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 1028763 1,010 IDEAL SERVICE INC Equipment Repair & Maint Water Treatment 284813 1,000 ECUADOR MANTA Other Contracted Services Staring Lake Concert 284834 1,000 LEAGUE MN CITIES INS TRUST Insurance Property Insurance 284870 1,000 OLSEN'S EMBROIDERY/COMPANY P&R Refunds Community Center Admin 284987 1,000 HERRERA CADEX Other Contracted Services Arts 285074 988 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store 284997 984 LANO EQUIPMENT INC Asphalt Overlay Street Maintenance 285206 981 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire 284924 971 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 285208 965 PAPCO INC Janitor Service General Community Center 1028671 953 XCEL ENERGY Reimbursement Miller Park 284955 944 AVR INC Asphalt Overlay Stormwater Collection 284733 942 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 285003 933 MILESTONES Deposits General Fund 1028716 931 MENARDS Operating Supplies Utility Operations - General 285236 920 WINSUPPLY EDEN PRAIRIE MN CO Design & Engineering Economic Development Fund 1028773 913 STREICHERS Clothing & Uniforms Police Sworn 1028649 904 YOUNGSTEDTS COLLISION CENTER Equipment Repair & Maint Fleet Operating 284933 897 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 285063 892 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 284784 885 ALEX AIR APPARATUS INC Equipment Testing/Cert.Emergency Management 285168 880 HENNEPIN COUNTY I/T DEPT Software Maintenance Public Safety Communications 284864 875 VALLEY RICH CO INC Equipment Repair & Maint Utility Operations - General 284779 856 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 285164 854 GREAT LAKES COCA-COLA DISTRIBUTION Merchandise for Resale Concessions 284812 850 DODGE OF BURNSVILLE Equipment Parts Fleet Operating Check #Amount Supplier / Explanation Account Description Business Unit 284976 833 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Autos Fleet Operating 284722 832 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 285196 830 MOSMAN MOLLIE Rebates Stormwater Non-Capital 1028680 814 VINOCOPIA Liquor Product Received Den Road Liquor Store 284873 812 HEENAN, BARBARA AR Utility Water Enterprise Fund 284963 805 CINTAS CORPORATION Safety Supplies Community Center Admin 1028695 797 KRISS PREMIUM PRODUCTS INC Supplies - HVAC City Center - CAM 284823 786 HEALTHPARTNERS OCCUPATIONAL MEDICINE Employment Support Test Organizational Services 284740 781 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 284761 777 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 284985 777 GYM WORKS Equipment Repair & Maint Fitness Center 1028637 763 KRISS PREMIUM PRODUCTS INC Supplies - HVAC City Center - CAM 285117 762 ADVANTAGE PROPERTY MAINTENANCE INC Landscape Materials/Supp Street Maintenance 284882 754 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 284786 750 AMAZING ATHLETES OF CENTRAL MN Instructor Service Preschool Events 284950 750 AMERICAN ENVIRONMENTAL LLC Equipment Repair & Maint Wasterwater Collection 285116 750 ADAM BETTCHER PHOTOGRAPHY Other Contracted Services Police Sworn 285232 750 ULTIMATE SOFTWARE GROUP, THE Software Maintenance IT Operating 284938 749 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 285186 737 MIDAS Equipment Repair & Maint Fleet Operating 1028660 735 MENARDS Operating Supplies Water Treatment 284808 727 DAYROBB BATTERIES PLUS Repair & Maint. Supplies Water Treatment 285052 723 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 284994 716 JOHN HENRY FOSTER MINNESOTA INC Equipment Repair & Maint Water Treatment 285099 714 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 1028711 691 FERRELLGAS Repair & Maint. Supplies Outdoor Center 285018 690 PAPCO INC Janitor Service City Center - CAM 1028768 690 PREMIUM WATERS INC Operating Supplies - Water Fire 284926 689 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 285072 689 DOMACE VINO Liquor Product Received Den Road Liquor Store 284917 681 PRYES BREWING COMPANY Liquor Product Received Den Road Liquor Store 1028717 678 MTI DISTRIBUTING INC Repair & Maint. Supplies Park Maintenance 1028774 676 ULINE Operating Supplies Police Sworn 8414 674 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating 284992 661 J H LARSON COMPANY Supplies - Electrical Cummins Grill House 284734 648 WINEBOW Liquor Product Received Prairie Village Liquor Store 1028681 646 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 285181 632 LIONS TAP Operating Supplies - Food Fire 285129 629 CINTAS CORPORATION Other Contracted Services Den Road Liquor Store 8407 624 ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits 1028623 620 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 1028633 618 FASTENAL COMPANY Operating Supplies Fleet Operating 284753 599 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store 284939 592 PRYES BREWING COMPANY Liquor Product Received Prairie View Liquor Store 284814 585 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Equipment Parts Fleet Operating 285180 584 LEWIS CLARK Rebates Stormwater Non-Capital 8401 581 PMA FINANCIAL NETWORK INC Bank and Service Charges Wastewater Accounting 284826 580 HLS OUTDOOR Landscape Materials/Supp Park Maintenance 284835 580 LEAGUE MN CITIES INS TRUST Insurance Property Insurance 284896 577 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit 284893 570 SUMMER LAKES BEVERAGE LLC Liquor Product Received Prairie Village Liquor Store 284799 569 CENTURYLINK Telephone Water Distribution 285214 566 PRINCIPAL FINANCIAL GROUP Wages and Benefits 494 Corridor Commission 1028620 562 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store 284906 553 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store 285182 550 MARTIN-MCALLISTER Employment Support Test Organizational Services 1028766 548 METRO SALES INCORPORATED*Printers IT Operating 284888 547 PRYES BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 285207 546 PAFFY'S PEST CONTROL Contract Svcs - Pest Control Park Shelters 1028646 543 THE OASIS GROUP Employee Assistance Organizational Services 284932 541 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 284979 524 FIRE SAFETY USA INC Protective Clothing Fire 284815 522 FIRE SAFETY USA INC Equipment Parts Fleet Operating 284986 521 HENNEPIN COUNTY TREASURER Waste Disposal Park Maintenance 284999 520 LEAGUE OF MINNESOTA CITIES Conference/Training Administration 1028704 520 TESSMAN SEED CO Landscape Materials/Supp Park Maintenance 284767 517 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Prairie View Liquor Store 1028682 515 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store 285022 514 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Ice Arena Maintenance 285235 512 WIGEN WATER TECHNOLOGIES Repair & Maint. Supplies Water Treatment 1028628 489 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 285047 485 BOURGET IMPORTS Liquor Product Received Prairie Village Liquor Store 285159 484 FRONEK SAMUEL Mileage & Parking Park Facilities 1028765 481 MENARDS Chemicals General Community Center 284945 480 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 285167 477 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police Sworn 284819 473 GREAT LAKES COCA-COLA DISTRIBUTION Merchandise for Resale Concessions 285144 465 DEALER AUTOMOTIVE SERVICES INC Autos Fleet Capital 284948 462 ALADTEC INC Dues & Sub-Memberships Fire 285158 460 FIRE SAFETY USA INC Equipment Parts Fire 284796 459 BOOSHIE INC Clothing & Uniforms Fire 285223 454 STAPLES ADVANTAGE Office Supplies Utility Operations - General 284750 453 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store 285165 450 HALE, WILLIAM Other Contracted Services Staring Lake Concert 1028656 447 FORKLIFTS OF MINNESOTA INC Equipment Repair & Maint Utility Operations - General 285090 442 WINEBOW Liquor Product Received Den Road Liquor Store 284959 440 CARRANE JEFF Travel Expense Fire 1028708 436 ASPEN WASTE SYSTEMS INC.Waste Disposal Utility Operations - General 284989 435 HLS OUTDOOR Landscape Materials/Supp Park Maintenance 285142 432 DALE GREEN COMPANY, THE Landscape Materials/Supp Street Maintenance 1028731 431 VINOCOPIA Liquor Product Received Den Road Liquor Store 284742 428 FAT PANTS BREWING CO LLC Liquor Product Received Den Road Liquor Store 284973 425 DAYROBB BATTERIES PLUS Repair & Maint. Supplies Water Treatment 284937 423 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store 284728 422 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store 1028619 420 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 285221 411 SMSC ENTERPRISES Asphalt Overlay Street Maintenance 284749 410 MEGA BEER Liquor Product Received Den Road Liquor Store 1028627 406 VINOCOPIA Liquor Product Received Prairie View Liquor Store 284805 403 CORPORATE TECHNOLOGIES Computers 494 Corridor Commission Check #Amount Supplier / Explanation Account Description Business Unit 1028735 402 VINOCOPIA Liquor Product Received Prairie View Liquor Store 1028732 402 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 285104 402 MAVERICK WINE LLC Liquor Product Received Prairie View Liquor Store 285187 400 MINNEAPOLIS COMMODORES BARBERSHOP CHORUS Other Contracted Services Staring Lake Concert 1028699 399 MIDWEST SIGN & SCREEN PRINTING SUPPLY CO Operating Supplies Street Maintenance 284913 394 OMNI BREWING COMPANY Liquor Product Received Den Road Liquor Store 285138 393 CORPORATE TECHNOLOGIES Computers 494 Corridor Commission 285098 390 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Prairie View Liquor Store 284790 390 ASTLEFORD EQUIPMENT COMPANY INC Equipment Repair & Maint Fleet Operating 284721 389 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Prairie Village Liquor Store 284974 389 EDEN PRAIRIE CENTER LLC Building Rental CDBG - Public Service 284760 387 WINEBOW Liquor Product Received Den Road Liquor Store 284874 386 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 284970 385 COUNTY MATERIALS CORPORATION Repair & Maint. Supplies Stormwater Collection 285059 385 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store 285034 385 TALKPOINT TECHNOLOGIES INC Repair & Maint. Supplies Public Safety Communications 284741 377 DOMACE VINO Liquor Product Received Den Road Liquor Store 284770 375 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 1028736 374 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 284856 373 SNAP-ON TOOLS Small Tools Fleet Operating 284735 364 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store 1028667 363 SPS COMPANIES Supplies - Plumbing Park Shelters 285030 362 STAPLES ADVANTAGE Office Supplies Customer Service 285080 361 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store 285035 360 THE ADVENT GROUP Temp 494 Corridor Commission 284862 350 TOTAL ENTERTAINMENT/KIDSDANCE PROD.Other Contracted Services Staring Lake Concert 285128 350 CHRIS CASTLE INC Website Development 494 Corridor Commission 1028631 349 CONCRETE CUTTING AND CORING Equipment Repair & Maint Park Maintenance 1028737 348 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store 1028634 345 GREATAMERICA FINANCIAL SVCS Postage Customer Service 1028664 345 NORTH CENTRAL LABORATORIES Laboratory Chemicals Water Treatment 1028658 342 H M CRAGG CO Contract Svcs - Fire/Life/Safe Fire Station #3 284961 342 CENTURYLINK Internet Staring Lake 285155 340 ESTRINE, ROBERT Other Contracted Services Community Band 284953 338 ARAMARK UNIFORM AND CAREER APPAREL GROUP Janitor Service Den Road Liquor Store 285105 333 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store 1028622 328 VINOCOPIA Liquor Product Received Den Road Liquor Store 1028713 318 GRAINGER Repair & Maint. Supplies Water Treatment 285143 314 DAYROBB BATTERIES PLUS Repair & Maint. Supplies Fleet Operating 285113 314 A TO Z RENTAL CENTER Fire Prevention Supplies Fire 285173 312 INTERTECH INC Contract Development IT Operating 1028728 311 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 1028698 310 METROPOLITAN FORD Equipment Parts Fleet Operating 1028758 306 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits 1028624 304 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store 1028722 303 TWIN CITY SEED CO Landscape Materials/Supp Stormwater Collection 285195 300 MONTAGE ENTERPRISES INC Landscape Materials/Supp Street Maintenance 284947 300 AIYAR SHRUTI Other Contracted Services PeopleFest 285046 298 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store 285067 298 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit 285103 296 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store 284833 296 LAWN RANGER, INC, THE Other Contracted Services Park Maintenance 284920 296 STACKED DECK BREWING Liquor Product Received Den Road Liquor Store 285160 293 GALLAGHERS INC Gravel Stormwater Collection 1028675 291 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 8400 291 OPTUM HEALTH Other Contracted Services Health and Benefits 284743 289 HEADFLYER BREWING Liquor Product Received Den Road Liquor Store 1028745 288 OLSEN CHAIN & CABLE Operating Supplies Park Maintenance 1028687 285 BUCHANAN, KURT Travel Expense Fire 285028 279 ST CROIX LINEN LLC Operating Supplies-Linens Fire 285222 279 ST CROIX LINEN LLC Operating Supplies-Linens Fire 284923 279 UNMAPPED BREWING CO Liquor Product Received Den Road Liquor Store 285127 277 CENTURYLINK Telephone E-911 Program 1028733 276 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store 1028754 276 ASPEN EQUIPMENT CO.Autos Fleet - Park & Rec 285005 275 MINNESOTA AIR INC Supplies - HVAC General Community Center 285193 275 MINT CONDITION DETAILING INC Equipment Repair & Maint Fleet Operating 285057 275 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store 285215 274 PROP - PR Charitable Contributions Health and Benefits 1028743 274 GROSS ALLIE Mileage & Parking Park Facilities 1028679 273 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store 284773 268 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store 285073 265 FAT PANTS BREWING CO LLC Liquor Product Received Den Road Liquor Store 1028626 265 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store 1028729 260 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store 1028777 260 WM MUELLER AND SONS INC Seal Coating Park Maintenance 285071 256 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 284886 256 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store 284996 255 KLESCEWSKI JOSEPH E P&R Refunds Community Center Admin 284780 254 WINEBOW Liquor Product Received Prairie View Liquor Store 284759 253 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 1028727 253 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 1028676 253 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 285024 250 RUSSELL CLAUDIA Other Contracted Services Theatre Initiative 285147 250 DILDY, CARLTON R Other Contracted Services Staring Lake Concert 1028663 248 MINNESOTA EQUIPMENT Equipment Parts Fleet Operating 1028621 247 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store 284811 247 DIRECTV Cable TV Community Center Admin 284726 244 MEGA BEER Liquor Product Received Prairie Village Liquor Store 1028630 243 CLAREY'S SAFETY EQUIPMENT Equipment Parts Fleet Operating 285145 242 DELTA DENTAL Wages and Benefits 494 Corridor Commission 285076 241 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 284817 240 FREEZIAC Merchandise for Resale Concessions 1028684 238 VINOCOPIA Liquor Product Received Prairie View Liquor Store 285231 236 TRANSUNION RISK & ALTERNATIVE DATA Other Contracted Services Police Sworn 285084 235 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store 285100 234 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store 285085 233 SMALL LOT MN Liquor Product Received Den Road Liquor Store 285029 233 ST FRANCIS VETERINARY CLINIC Canine Supplies Police Sworn 1028629 229 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit 285019 228 PETTY CASH Operating Supplies Senior Center Admin 1028652 227 BOYER TRUCKS Equipment Parts Fleet Operating 285153 224 EMBROIDME EMS Supplies Fire 284925 224 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 284969 224 COREMARK METALS Operating Supplies Fleet Operating 284748 222 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store 285056 222 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 284725 221 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 284941 221 SMALL LOT MN Liquor Product Received Prairie View Liquor Store 1028705 221 TOLL GAS AND WELDING SUPPLY Repair & Maint. Supplies Miller Park 284899 220 BERGMAN LEDGE LLC Liquor Product Received Den Road Liquor Store 284821 218 GYM WORKS Equipment Repair & Maint Fitness Center 284727 216 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 284774 216 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store 1028746 214 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 1028617 212 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store 1028632 211 CUSTOM HOSE TECH Repair & Maint. Supplies Water Distribution 285014 210 NORTH AMERICAN SAFETY INC Repair & Maint. Supplies Water Distribution 285136 210 COMMUNITY HEALTH CHARITIES OF MINNESOTA Charitable Contributions Health and Benefits 1028694 207 JOHNSTONE SUPPLY Supplies - General Bldg Prairie View Liquor Store 285111 205 WINEBOW Liquor Product Received Prairie View Liquor Store 1028734 205 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store 284778 202 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store 284871 200 WASHINGTON COUNTY COURT ADMIN Deposits General Fund 285053 200 INBOUND BREW CO Liquor Product Received Prairie Village Liquor Store 1028730 199 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store 1028683 196 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store 284829 192 INDIGO SIGNWORKS, INC.Protective Clothing Fire 1028748 191 SITEONE LANDSCAPE SUPPLY, LLC Repair & Maint. Supplies Homeward Hills Park 284801 190 COMCAST Internet IT Operating 285112 187 PETTY CASH-EPCC Mileage & Parking Round Lake Beach 8404 184 VANCO SERVICES Bank and Service Charges Wastewater Accounting 284731 184 STARRY EYED BREWING LLC Liquor Product Received Prairie Village Liquor Store 1028654 184 ECM PUBLISHERS INC Legal Notices Publishing City Clerk 284717 182 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store 284875 182 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store 284900 182 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store 284927 182 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store 284911 176 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store 284766 175 FAT PANTS BREWING CO LLC Liquor Product Received Prairie View Liquor Store 1028720 175 SPS COMPANIES Supplies - Plumbing Maintenance Facility 284952 175 ANDERSEN WADE Mileage & Parking Facilities Staff 284754 173 PEQUOD DISTRIBUTION Liquor Product Received Den Road Liquor Store 1028674 172 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store 285109 171 UNMAPPED BREWING CO Liquor Product Received Prairie View Liquor Store 284892 168 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store 285210 165 PILGRIM DRY CLEANERS INC Clothing & Uniforms Fire 1028772 165 STERICYCLE INC Other Contracted Services Police Sworn 284732 165 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store 284758 165 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit 284943 165 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store 285062 165 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store 1028647 163 WERNER ELECTRIC VENTURES LLC Supplies - Electrical City Center - CAM 284885 162 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 284912 162 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store 1028702 162 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 284922 159 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store 1028618 157 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 284918 156 SHAKOPEE BREWHALL Liquor Product Received Den Road Liquor Store 284940 156 SHAKOPEE BREWHALL Liquor Product Received Prairie View Liquor Store 1028710 152 ECM PUBLISHERS INC Legal Notices Publishing City Clerk 284971 152 CUB FOODS EDEN PRAIRIE Operating Supplies Police Sworn 1028726 152 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store 284975 150 EDEN PRAIRIE LIONS CLUB Employee Award Internal Events 285065 150 ARBEITER BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 1028775 150 USA SECURITY Maintenance Contracts Water Treatment 1028739 146 CARLSTON, BRANDON Operating Supplies Police Sworn 284751 144 MOOSE LAKE BREWING CO Liquor Product Received Den Road Liquor Store 285177 140 KODIAK CUSTOM LETTERING INC Office Supplies City Council 284757 138 STARRY EYED BREWING LLC Liquor Product Received Den Road Liquor Store 284965 138 COMCAST Cable TV Fire 1028692 131 HACH COMPANY Laboratory Chemicals Water Treatment 284981 129 FREEVEND TECHNICAL SERVICES Repair & Maint. Supplies Concessions 284891 128 STACKED DECK BREWING Liquor Product Received Prairie Village Liquor Store 285205 127 OSBAND RACHEL P&R Refunds Community Center Admin 285149 127 EARL F ANDERSEN INC Signs Traffic Signs 285093 126 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store 285118 125 ARCPOINT LABS OF EDEN PRAIRIE Employment Support Test Organizational Services 285051 123 DOMACE VINO Liquor Product Received Prairie Village Liquor Store 285097 123 DOMACE VINO Liquor Product Received Prairie View Liquor Store 1028677 122 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store 1028642 122 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 284736 122 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store 284914 121 ORIGIN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 284860 120 THE ADVENT GROUP Temp 494 Corridor Commission 285204 120 OFFICE OF THE SECRETARY OF STATE Licenses, Taxes, Fees Police Sworn 1028666 120 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating 285058 113 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 285081 113 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store 285091 112 56 BREWING LLC Liquor Product Received Prairie View Liquor Store 285001 110 MARIE RIDGEWAY LICSW LLC Other Contracted Services Police Sworn 1028700 110 MPX GROUP, THE Printing Fire 284895 108 UNMAPPED BREWING CO Liquor Product Received Prairie Village Liquor Store 1028757 108 ECM PUBLISHERS INC Legal Notices Publishing City Clerk 1028643 108 R & R SPECIALTIES OF WISCONSIN INC Repair & Maint - Ice Rink Ice Arena Maintenance 284936 105 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store 1028740 104 CONCRETE CUTTING AND CORING Repair & Maint. Supplies Stormwater Collection 284803 103 COMCAST Cable TV Fire 284897 102 56 BREWING LLC Liquor Product Received Den Road Liquor Store 284872 100 WASHINGTON COUNTY COURT ADMIN Deposits General Fund Check #Amount Supplier / Explanation Account Description Business Unit 285043 100 HENNEPIN COUNTY FIRE CHIEF ASSOCIATION Dues & Sub-Magazine etc Fire 285190 100 MINNESOTA DEPT OF LABOR AND INDUSTRY Licenses, Taxes, Fees Maintenance Facility 1028747 100 QUESENBERRY, TYLER Clothing & Uniforms Police Sworn 1028659 97 HORIZON COMMERCIAL POOL SUPPLY Chemicals Park Maintenance 284745 96 INBOUND BREW CO Liquor Product Received Den Road Liquor Store 285087 96 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store 1028701 95 PETERSON, DANIEL J Clothing & Uniforms Police Sworn 285079 92 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store 284881 92 INBOUND BREW CO Liquor Product Received Prairie Village Liquor Store 285009 90 MINNESOTA POST BOARD Dues & Subscriptions Police Sworn 285119 90 ASPEN MILLS Clothing & Uniforms Fire 284854 90 SHRED RIGHT Waste Disposal City Hall (City Cost) 284800 90 COMCAST Internet IT Operating 284769 88 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store 285131 86 COMCAST Cable TV Fire 284787 86 ARCPOINT LABS OF EDEN PRAIRIE Employment Support Test Organizational Services 285230 85 TAYLOR JANET P&R Refunds Community Center Admin 285114 83 ABLE HOSE & RUBBER INC Repair & Maint. Supplies Water Treatment 285179 82 LAWN RANGER, INC, THE Other Contracted Services Park Maintenance 285192 80 MINNESOTA TROPHIES & GIFTS Operating Supplies Police Sworn 285107 76 ROOTSTOCK WINE COMPANY Liquor Product Received Prairie View Liquor Store 285012 75 MR CUTTING EDGE Repair & Maint - Ice Rink Ice Arena Maintenance 284775 74 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store 285150 74 EDEN PRAIRIE CRIME PREVENTION FUND Charitable Contributions Health and Benefits 285140 74 CUB FOODS EDEN PRAIRIE Training Supplies Police Sworn 1028719 72 RIGID HITCH INCORPORATED Safety Supplies Fleet Operating 284978 72 FASTSIGNS Signs Miller Park 284785 71 ALTEC INDUSTRIES INC Equipment Repair & Maint Park Maintenance 285132 69 COMCAST Cable TV Fire 284982 68 GILBERTSON GARY P&R Refunds Community Center Admin 1028696 67 LEONARD, MICHELLE Conference/Prof. Dev.494 Corridor Commission 284831 66 KIECKER JESSICA P&R Refunds Community Center Admin 285032 65 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 285088 65 TRUE BRANDS Liquor Product Received Den Road Liquor Store 8402 63 MONEY MOVERS INC Other Contracted Services Community Center Admin 285175 62 J H LARSON COMPANY Supplies - Electrical Cummins Grill House 285115 62 ABRAMOVICH GENNADIY Clothing & Uniforms Police Sworn 1028638 60 LOWERY, THOMAS Operating Supplies Police Sworn 284889 60 SHAKOPEE BREWHALL Liquor Product Received Prairie Village Liquor Store 1028641 60 MPX GROUP, THE Printing Police Sworn 1028635 60 GREGOIRE, DAVID Clothing & Uniforms Police Sworn 284949 60 ALTERNATIVE BUSINESS FURNITURE INC Supplies - General Bldg City Hall (City Cost) 8403 58 PAYCHEX Payroll Admin. Fees 494 Corridor Commission 285004 58 MILLER TRUCKING & LANDSCAPE SUPPLY INC Building Materials Capital Outlay Parks 1028752 58 VAN PAPER COMPANY Cleaning Supplies Maintenance Facility 1028688 57 CONCRETE CUTTING AND CORING Repair & Maint. Supplies Park Maintenance 1028697 56 MADISON, MELISSA Outreach Mileage/Parking 494 Corridor Commission 1028759 55 GRAFIX SHOPPE Equipment Repair & Maint Fleet Operating 284843 55 MPCA Conference/Training Utility Operations - General 284802 55 COMCAST Cable TV Fire Check #Amount Supplier / Explanation Account Description Business Unit 1028751 54 URBINA, JAIME Travel Expense Den Road Liquor Store 285044 53 AM CRAFT SPIRITS SALES & MARKETING Liquor Product Received Prairie Village Liquor Store 285064 53 AM CRAFT SPIRITS SALES & MARKETING Liquor Product Received Den Road Liquor Store 284921 52 STARRY EYED BREWING LLC Liquor Product Received Den Road Liquor Store 284905 51 FAT PANTS BREWING CO LLC Liquor Product Received Den Road Liquor Store 285130 50 COMCAST Internet IT Operating 285139 50 CROWN MARKING INC Office Supplies Police Sworn 1028650 50 2ND WIND EXERCISE Training Supplies Police Sworn 1028691 50 GROVES, TODD Clothing & Uniforms Police Sworn 1028693 50 JOHNSON, PHILLIP Clothing & Uniforms Police Sworn 1028703 50 SCHMIDT, MATT Clothing & Uniforms Police Sworn 284894 46 TRUE BRANDS Liquor Product Received Prairie Village Liquor Store 284944 46 TRUE BRANDS Liquor Product Received Prairie View Liquor Store 285188 44 MINNESOTA AIR INC Supplies - HVAC City Center - CAM 284853 42 SHOFNER MIKE Deposits General Fund 1028769 42 SPRINT Cell/Pager Plans IT Operating 284762 41 BOURGET IMPORTS Liquor Product Received Prairie View Liquor Store 285234 38 UNITED WAY Charitable Contributions Health and Benefits 285121 37 BOUND TREE MEDICAL LLC EMS Supplies-EMS Supplies Fire 284807 34 CUB FOODS EDEN PRAIRIE Employee Award Organizational Services 285162 33 GOKE LIZ P&R Refunds Community Center Admin 285189 32 MINNESOTA DEPT OF HEALTH Licenses, Taxes, Fees Utility Operations - General 285202 32 NCPERS GROUP LIFE INSURANCE PERA Health and Benefits 285031 30 STATE OF MINNESOTA Licenses, Taxes, Fees Fleet Operating 284842 29 MINNESOTA TROPHIES & GIFTS Operating Supplies Police Sworn 285016 28 NORTHERN TOOL Small Tools Fleet Operating 284820 26 GS DIRECT Operating Supplies Engineering 8415 25 MINNESOTA DEPT OF REVENUE Licenses, Taxes, Fees Fleet Operating 1028750 24 TOLL GAS AND WELDING SUPPLY Repair & Maint. Supplies Stormwater Collection 285133 23 COMCAST Other Contracted Services Police Sworn 285007 23 MINNESOTA DEPT OF HEALTH Dues & Subscriptions Utility Operations - General 285011 23 MPCA Licenses, Taxes, Fees Utility Operations - General 284946 21 ADAMS KELLY Mileage & Parking Round Lake Beach 284962 20 CHRIS CASTLE INC Phone/Data/Web 494 Corridor Commission 1028749 20 SPOK, INC.Cell/Pager Plans IT Operating 284967 18 CORBIN ALEX Mileage & Parking Round Lake Beach 285203 18 NORTHERN POWER PRODUCTS INC Equipment Parts Fleet Operating 1028689 17 FASTENAL COMPANY Equipment Parts Street Maintenance 1028644 16 ROCKEY, JOSH Mileage & Parking Senior Center Admin 1028723 16 UPS Postage Human Resources 285122 14 BROOKS CHRIS Mileage & Parking Riley Lake Beach 285125 14 CARLSON AMANDA P&R Refunds Community Center Admin 285148 14 DUCHSCHERER SEANNAH P&R Refunds Community Center Admin 285229 14 SUPPLE BETH P&R Refunds Community Center Admin 285224 14 STATE OF MINNESOTA Licenses, Taxes, Fees Fleet Operating 284957 12 BAMLETT JAKE Mileage & Parking Riley Lake Beach 284844 12 MULTIHOUSING CREDIT CONTROL Other Contracted Services Police Sworn 284993 12 JERRY'S ENTERPRISES INC Repair & Maint. Supplies Utility Operations - General 285141 10 CULLIGAN BOTTLED WATER Corridor Comm. Misc 494 Corridor Commission 285010 10 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Creek Woods Check #Amount Supplier / Explanation Account Description Business Unit 284960 6 CEF EP COMMUNITY SOLAR LLC Electric Facilities Operating ISF 1028639 5 MEREDITH KATE Outreach Mileage/Parking 494 Corridor Commission 285151 5 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits 285152 5 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits 1028669 5 UPS Postage Fitness Classes 284964 4 COMCAST Other Contracted Services Police Sworn 5,906,669 Grand Total City of Eden Prairie Purchasing Card Payment Report 9/7/2021 Amount Account Description Business Unit 7,601 Other Revenue General Fund 3,577 Equipment Parts Fleet Operating 2,383 Other Contracted Services July 4th Celebration 2,178 Operating Supplies Wine Club/Events 2,016 Miscellaneous Internal Events 2,000 Other Contracted Services PeopleFest 1,978 Other Rentals Summer Theatre 1,396 Clothing & Uniforms Round Lake Beach 1,119 Office Supplies Police Sworn 1,003 Operating Supplies Fire 995 Operating Supplies Fire 979 Conference/Training Economic Development 929 Conference/Training Fleet Operating 870 Conference/Training Facilities Staff 862 Bank and Service Charges Prairie View Liquor Store 819 Dues & Subscriptions Facilities Staff 777 Conference/Training Police Sworn 750 Tuition Reimbursement/School Police Sworn 720 Conference/Training Administration 715 Conference/Training City Council 715 Conference/Training City Council 700 Other Contracted Services Police (City Cost) 700 Conference/Training Facilities Staff 633 Special Event Fees Senior Center Programs 620 Equipment Repair & Maint Pool Operations 620 Equipment Repair & Maint Pool Operations 612 Operating Supplies Police Sworn 605 Conference/Training Communications 569 Other Contracted Services Prairie Village Liquor Store 569 Other Contracted Services Den Road Liquor Store 569 Other Contracted Services Prairie View Liquor Store 560 Conference/Training Police Sworn 560 Conference/Training Administration 560 Conference/Training City Council 550 Printing Police Sworn 545 Dues & Subscriptions Assessing 531 Operating Supplies Fleet Operating 517 Dues & Subscriptions Planning 510 Clothing & Uniforms Theatre Initiative 475 Conference/Training Community Development Admin. Amount Account Description Business Unit 475 Conference/Training City Council 463 Conference/Training Facilities Staff 463 Conference/Training Facilities Staff 450 Advertising Community Center Admin 438 Travel Expense Fire 438 Travel Expense Fire 430 Employee Award Organizational Services 418 Fire Prevention Supplies Fire 400 Conference/Training Assessing 400 Dues & Subscriptions Fire 397 Travel Expense Fire 345 Conference/Training Assessing 344 Operating Supplies Arts Center 337 Conference/Training Fleet Operating 334 Chemicals Water Treatment 310 Conference/Training Utility Operations - General 306 Miscellaneous Community Development Admin. 303 Miscellaneous City Council 300 Conference/Training Human Resources 300 Licenses, Taxes, Fees Utility Operations - General 300 Other Contracted Services Liquor Store Delivery 300 Operating Supplies Tennis 297 Clothing & Uniforms Utility Operations - General 287 Operating Supplies Community Center Admin 282 Operating Supplies Outdoor Center 250 Conference/Training Utility Operations - General 233 Operating Supplies Outdoor Center 230 Dues & Subscriptions Fire 225 Conference/Training Facilities Staff 225 Operating Supplies Police Sworn 224 Tuition Reimbursement/School Fitness Classes 220 Operating Supplies Fitness Classes 218 Operating Supplies Day Camp 207 Employee Award Organizational Services 206 Operating Supplies IT Operating 200 Conference/Training Community Development Admin. 194 Other Contracted Services Prairie View Liquor Store 194 Other Contracted Services Den Road Liquor Store 194 Other Contracted Services Prairie Village Liquor Store 192 Operating Supplies Youth Programs Admin 191 Awards Pickleball 176 Operating Supplies Outdoor Center 176 Operating Supplies Youth Programs Admin 175 Dues & Subscriptions Tree Disease Amount Account Description Business Unit 168 Operating Supplies Outdoor Center 167 Operating Supplies Outreach 162 Dues & Subscriptions Tennis 162 Operating Supplies Day Camp 160 Operating Supplies Day Care 155 Deposits General Fund 155 Operating Supplies Fire 153 Operating Supplies Arts Center 151 Capital Under $25,000 Fitness Classes 150 Operating Supplies Day Camp 150 Dues & Subscriptions Youth Programs Admin 150 Operating Supplies Youth Programs Admin 150 Office Supplies Fire 149 Travel Expense Fire 147 Operating Supplies Arts Center 144 Operating Supplies IT Operating 144 Building Materials Park Maintenance 144 Operating Supplies Prairie View Liquor Store 141 Travel Expense Fire 140 Operating Supplies Police Sworn 140 Computers IT Operating 135 Waste Disposal Fleet Operating 131 Office Supplies Police Sworn 129 Operating Supplies Park Maintenance 127 Awards Pickleball 125 Office Supplies Police Sworn 122 Landscape Materials/Supp Capital Outlay Parks 121 Equipment Repair & Maint Pool Operations 120 Merchandise for Resale Concessions 120 Dues & Subscriptions Housing and Community Service 119 Operating Supplies Youth Programs Admin 119 Fire Prevention Supplies Fire 118 Clothing & Uniforms Police Sworn 117 Conference/Training Pool Operations 116 Operating Supplies Youth Programs Admin 115 Office Supplies Police Sworn 113 Operating Supplies Youth Programs Admin 108 Training Supplies Fire 107 Operating Supplies Police Sworn 106 Operating Supplies Tennis 104 Operating Supplies Outdoor Center 103 Landscape Materials/Supp Flying Cloud Fields 100 Licenses, Taxes, Fees Fitness Classes 100 Repair & Maint. Supplies Water Metering Amount Account Description Business Unit 98 Tuition Reimbursement/School Police Sworn 98 Tuition Reimbursement/School Police Sworn 98 Tuition Reimbursement/School Police Sworn 98 Tuition Reimbursement/School Police Sworn 98 Tuition Reimbursement/School Police Sworn 98 Tuition Reimbursement/School Police Sworn 98 Tuition Reimbursement/School Police Sworn 98 Tuition Reimbursement/School Police Sworn 97 Small Tools Fire 96 Conference/Training Senior Center Admin 95 Operating Supplies Arts Center 94 Merchandise for Resale Concessions 91 Travel Expense Fire 90 Dues & Subscriptions Fire 87 Landscape Materials/Supp Park Maintenance 87 Software/Hardware Maint.Fire 86 Equipment Repair & Maint Senior Center Programs 84 Operating Supplies Youth Programs Admin 82 Training Supplies Fitness Center 82 Operating Supplies Pool Operations 80 Operating Supplies Youth Programs Admin 79 Conference/Training Human Resources 79 Repair & Maint. Supplies Utility Operations - General 76 Signs Park Maintenance 75 Operating Supplies Police Sworn 73 Operating Supplies Youth Programs Admin 73 Operating Supplies Youth Programs Admin 73 Employee Award Organizational Services 71 Deposits General Fund 70 Other Contracted Services Organizational Services 69 Operating Supplies Youth Programs Admin 69 Merchandise for Resale Concessions 68 Operating Supplies Outdoor Center 68 Operating Supplies Youth Programs Admin 68 Repair & Maint. Supplies Outdoor Center Facilities 68 Operating Supplies Park Maintenance 68 Operating Supplies Riley Lake Beach 67 Dues & Subscriptions Fire 66 Operating Supplies Day Care 66 Operating Supplies Arts Center 64 Operating Supplies IT Operating 64 Operating Supplies Outdoor Center 63 Merchandise for Resale Concessions 62 Operating Supplies Youth Programs Admin Amount Account Description Business Unit 62 Operating Supplies Arts Center 60 Operating Supplies Park Maintenance 60 Operating Supplies Outdoor Center 58 Operating Supplies Youth Programs Admin 58 Capital Under $25,000 Fitness Classes 57 Operating Supplies Police Sworn 57 Operating Supplies Ice Lessons 56 Operating Supplies Police Sworn 56 Conference/Training Police Sworn 56 Operating Supplies Community Center Admin 55 Process Control Equipment IT Operating 55 Operating Supplies IT Operating 55 Operating Supplies Outdoor Center 54 Clothing & Uniforms Theatre Initiative 53 Operating Supplies Arts Center 53 Deposits General Fund 53 Dues & Subscriptions Assessing 52 Operating Supplies Senior Center Admin 52 Operating Supplies Outdoor Center 50 Operating Supplies Arts Center 50 Merchandise for Resale Concessions 50 Operating Supplies Arts Center 50 Operating Supplies Teen Programs 50 Operating Supplies Police Sworn 50 Operating Supplies Police Sworn 50 Dues & Subscriptions Assessing 50 Dues & Subscriptions Fire 50 Operating Supplies Camps 50 Clothing & Uniforms Police Sworn 50 Operating Supplies Tennis 49 Operating Supplies Youth Programs Admin 49 Operating Supplies IT Operating 48 Landscape Materials/Supp Franlo Park 48 Operating Supplies Senior Center Admin 47 Operating Supplies Arts Center 46 Operating Supplies Fitness Center 46 Operating Supplies Fitness Classes 45 Operating Supplies Outdoor Center 44 Computers Recreation Admin 44 Employee Award Organizational Services 44 Operating Supplies Police Sworn 44 Repair & Maint. Supplies Utility Operations - General 43 Operating Supplies Pool Operations 43 Operating Supplies Arts Center Amount Account Description Business Unit 42 Operating Supplies Pool Operations 42 Operating Supplies Police Sworn 41 Process Control Equipment IT Operating 40 Dues & Subscriptions Police Sworn 40 Miscellaneous IT Operating 40 Operating Supplies Youth Programs Admin 40 Operating Supplies Outdoor Center 39 Repair & Maint. Supplies General Community Center 38 Equipment Repair & Maint Senior Center Programs 38 Operating Supplies IT Operating 38 Operating Supplies Staring Lake Concert 38 Operating Supplies Youth Programs Admin 38 Operating Supplies Youth Programs Admin 38 Dues & Subscriptions Fire 37 Operating Supplies Outreach 37 Operating Supplies Outdoor Center 36 Operating Supplies Special Events Admin 36 Operating Supplies Arts Center 36 Other Contracted Services Liquor Store Delivery 35 Repair & Maint. Supplies Stormwater Collection 35 Repair & Maint. Supplies Water Treatment 35 Operating Supplies Day Camp 35 Conference/Training Fire 35 Operating Supplies Day Camp 34 Operating Supplies Parks Administration 34 Operating Supplies Youth Programs Admin 34 Operating Supplies Outdoor Center 33 Operating Supplies Tennis 32 Special Event Fees New Adaptive 32 Repair & Maint. Supplies Stormwater Collection 32 Operating Supplies Theatre Initiative 30 Capital Under $25,000 Fleet Operating 30 Operating Supplies Arts Center 30 Operating Supplies Theatre Initiative 30 Training Supplies Police Sworn 30 Equipment Parts Fleet Operating 30 Operating Supplies Youth Programs Admin 30 Operating Supplies Pool Lessons 30 Operating Supplies Arts Center 29 Conference/Training Fitness Admin. 29 Conference/Training Fitness Admin. 29 Clothing & Uniforms Utility Operations - General 29 Advertising Community Center Admin 28 Landscape Materials/Supp Park Maintenance Amount Account Description Business Unit 28 Operating Supplies Youth Programs Admin 27 Operating Supplies Theatre Initiative 27 Operating Supplies Arts Center 27 Operating Supplies Youth Programs Admin 27 Operating Supplies Community Center Admin 27 Conference/Training Fleet Operating 27 Operating Supplies Senior Center Admin 26 Office Supplies Police Sworn 26 Operating Supplies IT Operating 26 Operating Supplies Arts Center 25 Software/Hardware Maint.IT Operating 25 Operating Supplies Outdoor Center 25 Operating Supplies Tennis 25 Operating Supplies Arts Center 25 Computers IT Operating 25 Other Contracted Services Organizational Services 25 Operating Supplies Youth Programs Admin 24 Clothing & Uniforms Theatre Initiative 24 Clothing & Uniforms Theatre Initiative 24 Operating Supplies Community Center Admin 23 Miscellaneous IT Operating 23 Operating Supplies Arts Center 23 Miscellaneous City Council 23 Operating Supplies Riley Lake Beach 22 Operating Supplies Fitness Center 21 Operating Supplies Youth Programs Admin 20 Operating Supplies Youth Programs Admin 20 Training Supplies Fitness Center 20 Operating Supplies Outdoor Center 20 Conference/Training Economic Development 20 Operating Supplies Outdoor Center 20 Licenses, Taxes, Fees Utility Operations - General 20 Operating Supplies Fire 19 Operating Supplies Outreach 19 Licenses, Taxes, Fees Park Maintenance 19 Operating Supplies Day Camp 18 Clothing & Uniforms Theatre Initiative 18 Operating Supplies Outdoor Center 18 Operating Supplies Police Sworn 18 Operating Supplies Youth Programs Admin 17 Operating Supplies Arts Center 17 Operating Supplies Youth Programs Admin 17 Clothing & Uniforms Theatre Initiative 17 Operating Supplies Police Sworn Amount Account Description Business Unit 16 Operating Supplies Housing and Community Service 16 Operating Supplies Youth Programs Admin 16 Equipment Parts Fleet Operating 15 Operating Supplies Staring Lake Concert 15 Operating Supplies Tennis 15 Miscellaneous Administration 15 Operating Supplies Tennis 15 Other Contracted Services Organizational Services 15 Operating Supplies Police Sworn 15 Clothing & Uniforms Theatre Initiative 15 Equipment Repair & Maint Senior Center Programs 14 Operating Supplies Police Sworn 14 Operating Supplies Arts Center 14 Operating Supplies Arts Center 14 Operating Supplies Volunteers 14 Operating Supplies Arts Center 14 Operating Supplies Arts Center 14 Operating Supplies Youth Programs Admin 14 Repair & Maint. Supplies Water Treatment 14 Operating Supplies Pool Operations 13 Operating Supplies Youth Programs Admin 13 Equipment Parts Fleet Operating 13 Repair & Maint. Supplies City Hall (City Cost) 13 Operating Supplies Youth Programs Admin 12 Operating Supplies Outdoor Center 11 Operating Supplies Theatre Initiative 11 Operating Supplies Youth Programs Admin 10 Operating Supplies Tennis 10 Clothing & Uniforms Fitness Admin. 10 Equipment Testing/Cert.Fleet Operating 10 Operating Supplies Tennis 10 Operating Supplies Tennis 10 Operating Supplies Tennis 10 Travel Expense Fire 10 Travel Expense Fire 10 Travel Expense Fire 10 Travel Expense Fire 10 Operating Supplies Arts Center 9 Office Supplies Police Sworn 9 Operating Supplies Day Camp 9 Operating Supplies PeopleFest 8 Operating Supplies Arts Center 8 Dues & Subscriptions Police Sworn 8 Clothing & Uniforms Theatre Initiative Amount Account Description Business Unit 8 Operating Supplies Playgrounds 7 Operating Supplies Pool Operations 7 Clothing & Uniforms Theatre Initiative 7 Repair & Maint. Supplies Miller Park 7 Repair & Maint. Supplies Miller Park 6 Operating Supplies Youth Programs Admin 6 Office Supplies Arts Center 6 Operating Supplies Police Sworn 5 Operating Supplies Youth Programs Admin 5 Operating Supplies Day Camp 5 Operating Supplies Youth Programs Admin 5 Operating Supplies Outdoor Center 5 Operating Supplies Park Maintenance 4 Operating Supplies Specialty Fitness Programs 4 Dues & Subscriptions Assessing 4 Operating Supplies Park Maintenance 3 Equipment Parts Fleet Operating 3 Training Supplies Police Sworn 3 Miscellaneous Community Development Admin. 2 Bank and Service Charges Customer Service 2 Miscellaneous Community Development Admin. 2 Operating Supplies Park Maintenance 1 Operating Supplies Youth Programs Admin -1 Clothing & Uniforms Theatre Initiative -29 Operating Supplies IT Operating -45 Licenses, Taxes, Fees Utility Operations - General -80 Operating Supplies Youth Programs Admin -4,100 Conference/Training Police Sworn 68,975 Report Total CITY COUNCIL AGENDA SECTION: Report of the City Manager DATE: September 7, 2021 DEPARTMENT/DIVISION: Administration/ Finance, Sue Kotchevar ITEM DESCRIPTION: Resolution certifying the proposed 2022 property tax levy, accepting the proposed 2022 budget, setting the date for public hearing, and consenting and approving the HRA tax levy ITEM NO.: XIV.B.1. Requested Action Move to adopt the resolution that: • Certifies the proposed 2022 property tax levy to be $43,102,554; and • Sets December 7, 2021, as the meeting which will include discussion of the budget and provide for public comment; and • Accepts the proposed 2022 budget of $55,617,390; and • Consents and approves the HRA tax levy of $205,000. Synopsis Minnesota Law and administration rules prescribe a detailed process for public notification and participation in setting taxes and budgets of local governments. Cities must adopt a proposed property tax levy and certify that amount to the county auditor on or before September 30, 2021. In addition, the City Council must accept a proposed budget for the coming year. The City must announce at this Council meeting the future time and date of the regularly scheduled meetings at which the budget and tax levy will be discussed and public testimony taken. The Council must adopt a final tax levy and budget by December 28. Minnesota Law authorizes the HRA to levy a tax with the consent of the City Council. This resolution gives the consent needed for the HRA. Attachments Resolution Tax Levy Exhibit 2022 Proposed Budget Report CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2021-__ A RESOLUTION ADOPTING THE CITY’S PROPOSED 2022 PROPERTY TAX LEVIES, ACCEPTING A PROPOSED BUDGET FOR GENERAL OPERATIONS AND TAX-SUPPORTED OBLIGATIONS FOR 2022, AND CONSENTING AND APPROVING THE 2022 HRA LEVY WHEREAS, the City Council of the City of Eden Prairie has reviewed the City Manager’s recommended 2022 budget and tax levies; and WHEREAS, the City Council has decided to accept these recommendations at this time. NOW, THEREFORE, BE IT RESOLVED that the City Council: 1. Establishes the following proposed taxes on real and personal property within the City of Eden Prairie for the 2022 budget. Taxes to be Levied Against Tax Capacity General Fund 40,149,554$ Capital Improvements 400,000 Bonds and Interest 2014A Tax Abatement Bonds - 2020A Refunding SouthWest Fire Station Bonds 280,000 Tax Capacity Levy for Certification 40,829,554 Less Fiscal Disparities Distribution 2,494,942 Net Tax Collectible 38,334,612 Taxes to be Levied Against Market Value 2020A Refunding Park Bonds 905,000 Market Value Tax Levy for Certification 905,000 Tax Abatement 1,368,000 Total Net Tax Collectible 40,607,612$ Funds have been provided for principal and interest payments on all bond issues except as shown above, and no other levies are required (as shown in Exhibit 2). The proposed total Levy may not be exceeded when the City Council sets the final tax levy for 2022. 2. Accepts the 2022 proposed levy of $43,102,554 and proposed budget totaling $55,617,390 at this time. 3. Consents and approves the 2022 HRA tax levy of $205,000. ADOPTED by the City Council on September 7, 2021. ______________________ Ronald A. Case, Mayor ATTEST: ______________________ Nicole Tingley, City Clerk CITY OF EDEN PRAIRIE NOTICE OF ADJUSTMENT TO REQUIRED DEBT LEVIESLEVIED YEAR 2021, COLLECTED YEAR 2022EXHIBIT 2 Debt levy amounts previously certified may be adjusted to the amounts shown below due to the availability of other repayment sources. Date of Amount of Required Levy Actual LevyOUTSTANDING DEBT WITH REQUIRED LEVY Issue Issue 2021/2022 2021/2022 G.O. Park Bonds 2012A 03/01/12 $5,110,000 $0 $0 G.O. Capital Imrpovement Crossover Refunding Bonds 2012B 03/01/12 $3,170,000 $0 $0 G.O. Tax Abatement Bonds 2014A 07/15/14 $17,155,000 $1,368,000 $1,368,000G.O. Refunding Bonds 2020A (Market Value)10/28/20 $4,408,000 $905,000 $905,000 G.O. Refunding Bonds 2020A (Tax Capacity)10/28/20 $1,673,000 $280,000 $280,000 GRAND TOTAL $2,553,000 $2,553,000 City of Eden Prairie 09/7/2021 City Council Meeting 2022/2023 Proposed Budget 1 Table of Contents Table of Contents ......................................................................................................................... 1 Budget Overview .......................................................................................................................... 2 City Survey ..................................................................................................................................... 4 Tax Base ......................................................................................................................................... 6 Tax Levy and Budget ................................................................................................................... 7 Debt Levy ....................................................................................................................................... 7 Capital Levy .................................................................................................................................. 8 General Fund Revenue Budget ................................................................................................. 9 General Fund Expenditure Budget .......................................................................................... 12 Housing and Redevelopment Authority (HRA) ...................................................................... 17 Conclusion ................................................................................................................................... 17 2 Budget Overview The 2022/2023 proposed budget provides the resources to achieve the City’s goals for Eden Prairie citizens. These goals are part of the Eden Prairie Promise to the community to fulfill the mission and vision of Eden Prairie and continue making Eden Prairie a great place to live, work and dream. The City Council’s 2022/2023 budget objectives include the following: Achieve City Goals • Community Well-being & Safety • High Quality Efficient Services • Preserved & Beautiful Environment • Sense of Community • Innovative & Sustainable Practices • Economic Vitality Provide Value to Citizens • Maintain High Quality City Services • Reasonable Tax Impacts Maintain Employee Morale and Engagement • Implement efficiencies and innovations that motivate employees to continually improve the organization and providing salary changes that are consistent with public and private sector trends Maintain Strong Financial Position • Maintain Bond Rating o Approve a Balanced Budget o Maintain Fund Balance Policies o Conservative Estimates of Revenues and Expenditures o Review fees and charges annually, at a minimum adjust for inflation o Capital Planning The City Council is emphasizing the following areas to achieve City Goals for this budget cycle: o City-wide Climate Action Plan o Affordable Housing  Pursue some of the options presented by the Housing Task Force o Race and Equity Initiative including suggestions from the Human Rights and Diversity Commission 3 o Police  In 2022, contract with Hennepin County to provide social service outreach focusing on mental health, chemical dependency, domestic violence and social work services to the community. Add additional dispatcher to ensure two employees are always on duty.  Additional IT expense for new purchases including body cameras, electronic citations, software for managing alarm calls and software for pro-active patrolling.  In 2023, hire additional Police Officer with a K-9 Explosives Detection/Deterrent Dog Handler background. o Fire  In 2022, hire additional Assistant Fire Chief to improve services with the City emergency management system and to increase coordination and delivery for health and safety for the fire department. Add four additional duty crew staff.  In 2023, transition part-time Admin Assistant to full-time position. o Parks and Recreation  In 2022 add a second Forester position due to the increased maintenance for our conservation and forest areas and to limit the spread of the new and existing invasive species. o Public Works  Increased resources for Yard Waste Drop-off Site programs o Administration  2022 Elections  Health Insurance Enhancement These goals and the related costs are interwoven in various sections of the budget. Many times the costs are almost entirely staff time, and do not require significant financial investment. Some of the costs are capital costs and included in the City’s Capital Improvement Plan, which is separate from the general fund budget. The budget process started in March with a review of City Council goals and will end in December with final approval and adoption of the budget. The process to date and future planned activities include the following: Internal Budget Process • 2020 – Complete City-Wide work plans • March/April - Internal service fund budgets prepared by managers • April 15 - Budget kick-off meeting • May/June – Department meeting held on 2020 financial results • May 21 - Staff budget preparation work due • June - Departmental budget meetings held 4 • City Manager, Directors, and Finance prepare for City Council Workshop Council Process • February 16 – City Council Discussion on Priorities • April 6 – City Council Workshop on the Community Survey • May 4 – City Council Workshop o Council accepts 2020 financial results • July 13 - City Council Workshop • September 7 - Council adopts a preliminary tax levy and budget • November 16 – City Council Workshop on Enterprise Funds • December 7 - Public Meeting and Council adopts final tax levy and budget City Survey The 2020 Quality of Life Survey provided residents the opportunity to rate the quality of life in the City of Eden Prairie, as well as the quality of service delivery and overall workings of local government. The survey also permitted residents to provide feedback to government on what is working well and what is not, and to share their priorities for community planning and resource allocation. The City uses the biannual citizen survey as one input tool for the budget. Key Findings Eden Prairie is a desirable place to live and raise a family. • Eden Prairie residents continue to boast a high quality of life, with 93% awarding excellent or good marks in 2020, which eclipsed averages seen across the nation, Minnesota and Central Region municipalities with populations over 15,000. Residents’ high ratings for safety services contribute to their quality of life, though they have some concerns regarding traffic speeding and vandalism and property crime. • Residents commended safety services, such as fire, Hennepin County EMS, police and crime prevention, with each assigned excellent or good marks by 9 in 10 or more. Eden Prairie participants’ reviews for police and crime prevention outperformed all other municipality comparisons. Community parks, recreation and natural environment continue to be a highlight. • More than 9 in 10 residents revealed admiration for the overall natural environment and opportunities for education and enrichment, maintaining standards set in previous years and outshining national, Minnesota and North Central communities with populations over 15,000. 5 Residents praise their City services. • In 2020, about 9 in 10 residents assigned high scores to the overall quality of services provided by the City of Eden Prairie, on par with 2018. This measure eclipsed national, North Central and Minnesota comparisons. Eden Prairie’s economy shines, but affordability could be an issue in the future. • Ninety-two percent of survey participants provided excellent or good assessments to the overall economic health of Eden Prairie, which surpassed ratings in communities elsewhere in the U.S., Minnesota and communities in the North Central Region with populations over 15,000. The survey provides valuable input and demonstrates evidence of overall satisfaction with City services. The survey provided feedback on some concerns regarding affordable housing. The City Council goals include initiatives on affordable housing. 6 Tax Base The ability to levy and collect taxes is based on property market values, tax capacities, and the City tax rates. Below is a history of the City’s market value of all residential and commercial property. The current estimated market value for taxes payable in 2022 is a market value increase to $11.8 billion, which is a 3.2% increase over 2021. The table below shows the history of market value, adjusted net tax capacity and the City tax rate since 2018. Below summarizes the City’s tax impact for residential, apartment, and commercial properties based on current information from the County. $0 $2,000,000,000 $4,000,000,000 $6,000,000,000 $8,000,000,000 $10,000,000,000 $12,000,000,000 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022Market ValueMarket Value 2018 2019 2020 2021 2022 Market Value $10.2 Billion $10.6 Billion $11.1 Billion $11.4 Billion $11.8 Billion Adjusted Net Tax Capacity $106,602,759 $112,559,846 $116,554,959 $120,595,985 $122,834,071 City Tax Rate 32.34% 31.52% 31.51% 31.43% 32.32% Percent Property Type 2020/2021 2021/2022 Difference Change Residential ($430,400)1,342$ 1,424$ 82$ 6.1% Apartment ($5M)19,279$ 20,587$ 1,308$ 6.8% Commercial ($2M)8,164$ 8,160$ (4)$ (0.0%) 7 Tax Levy and Budget Below summarizes the proposed total tax levy and budget. Tax Levy Budget Debt Levy For 2022 and 2023 debt payments supported by the tax levy are projected to remain 4% to 5% of the general fund budget. The City has a policy of maintaining a percentage of 5% to 15% of the general fund budget as we consider this to be a moderate debt burden. Moody’s Investors Service has assigned a rating of Aaa to the City of Eden Prairie’s (MN) bond for every debt issue since 2003, the highest rating from Moody’s. Standard & Poor’s has also assigned a rating of AAA to the City of Eden Prairie’s bonds outstanding, their higher rating as well. This ensures the City receives the most competitive interest rates. The City’s bond ratings reflect Eden Prairie’s extensive and diversified tax base, low amount of rapidly amortized debt, and capably managed operations. For 2022 and 2023, the total debt levy is the same as 2021 or $2,553,000. The City currently has two bonds that are supported by the debt levy. These include the Aquatics expansion at the Community Center and refunded bonds for the SouthWest Fire Station and for Park Improvements including the community center, park, and trails. 2021 2022 Percent 2023 Percent Fund Adopted Proposed Difference Change Proposed Difference Change General Fund 38,061,490$ 40,149,554$ 2,088,064$ 5.5% 41,956,284$ 1,806,730$ 4.5% Capital I mprovement Fund 400,000 400,000 - 0.0% 400,000 - 0.0% Debt Levy 2,553,000 2,553,000 - 0.0% 2,553,000 - 0.0% Sub-total 41,014,490 43,102,554 2,088,064 5.1% 44,909,284 1,806,730 4.2% Less Fiscal Disparity Distribution (2,233,830) (2,494,942) (261,112) 11.7% (2,494,942) - 0.0% Total Levy 38,780,660$ 40,607,612$ 1,826,952$ 4.7% 42,414,342$ 1,806,730$ 4.4% 2021 2022 Percent 2023 Percent Fund Adopted Proposed Difference Change Proposed Difference Change General Fund $50,102,474 $52,664,390 $2,561,916 5.1%$54,442,407 $1,778,017 3.4% Debt 2,553,000 2,553,000 - 0.0% 2,553,000 - 0.0% Capital Levy 400,000 400,000 - 0.0% 400,000 - 0.0% Total City Budget $53,055,474 $55,617,390 $2,561,916 4.8%$57,395,407 $1,778,017 3.2% 8 Below summarizes the detail of the 2022/2023 debt levy. Capital Levy The City prepares a ten-year capital improvement plan and updates the plan every other year. The Capital Improvement and Maintenance fund (CIMF) pays for capital projects that do not have another funding source, for example, playground replacement, repair and expansion of trails, parks – parking lot maintenance, public safety radio replacement, etc. The CIMF is funded through liquor operations profit, rental income, antenna revenue, a tax levy, miscellaneous revenue, and one-time funds the City receives. For example, when the general fund has positive operating results, amounts not needed to meet the fund balance policy have been transferred to the CIMF. The capital levy is the same amount as 2021 and is $400,000 annually. 2021 2022 Percent 2023 Percent Debt Levy Adopted Proposed Difference Change Proposed Difference Change Debt Levy on Tax Capacity 2012B SouthWest Fire Station 280,000$ -$ (280,000) (100.0%)-$ -$ 0.0% 2014 Tax Abatement 1,397,000 1,368,000 (29,000) 0.0% 1,368,000 - 0.0% 2020A Refunding Bonds (SouthWest Fire Station)- 280,000 280,000 0.0% 280,000 - 0.0% Sub-total 1,677,000 1,648,000 (29,000) (1.7%) 1,648,000 - 0.0% Debt Levy on M arket Value 2012A Parks Referendum 876,000 - (876,000) 0.0% 2020A Refunding Bonds (Parks Referendum)- 905,000 905,000 0.0% 905,000 - 0.0% Sub-total 876,000 905,000 29,000 3.3% 905,000 - 0.0% Total 2,553,000$ 2,553,000$ -$ 0.0% 2,553,000$ -$ 0.0% 9 General Fund Revenue Budget Below summarizes the 2022/2023 proposed General Fund Revenue Budget. Property tax revenue is the single largest source of revenue and the City strives to balance increases in property taxes with the demand for City services. Property taxes account for 77% of the General Fund revenues. The tax levy in the proposed budget is increasing 5.5% for 2022 and 4.5% for 2023. Charges for services is the second largest revenue source and accounts for 10% of the General Fund revenues. Charges for services are decreasing $1,254,291 or 19.4% in 2022 and increasing $356,583 or 6.8% in 2023. The 2022 decrease is due to COVID-19 impacts on the community center operations. The 2023 increase is due to expected improved performance at the community center. Licenses and permits revenue is the third largest revenue source to the General Fund and accounts for 8% of the General Fund revenues. Licenses and permits is increasing $185,920 or 4.8% for 2022 and remains relatively flat for 2023. Significant items to note include the following: • Building permit and fees revenue for 2022 is budgeted to increase to $2,524,975 which is $143,095 or 6% more than 2021. This budget was held flat for 2023 as we budget a higher increase every other year. The below history shows acutal amounts to 2020 and then budgeted amounts to 2023. 2021 2022 Percent 2023 Percent Revenue Adopted Proposed Difference Change Proposed Difference Change Taxes 37,325,260$ 39,371,562$ 2,046,302$ 5.5% 41,142,158$ 1,770,596$ 4.5% Licenses and Permits 3,855,780 4,041,700 185,920 4.8% 4,068,700 27,000 0.7% Intergovernmental Revenue 1,299,222 1,397,600 98,378 7.6% 1,401,300 3,700 0.3% Charges for Services 6,468,995 5,214,704 (1,254,291) (19.4%) 5,571,287 356,583 6.8% Other Revenue 1,153,217 1,138,824 (14,393) (1.2%) 1,158,962 20,138 1.8% Total 50,102,474$ 51,164,390$ 1,061,916$ 2.1% 53,342,407$ 2,178,017$ 4.3% 10 • Cable TV is remaining flat for 2022 and 2023. As you can see from the graph below, cable revenue dropped in 2018 and continues to decrease each year. $0 $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 $3,000,000 $3,500,000 $4,000,000 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 Building Permits & Fees Budget vs Actual Full Year Budget - 100,000 200,000 300,000 400,000 500,000 600,000 700,000 800,000 900,000 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 CABLE TV REVENUE 11 Intergovernmental revenue (IGR) sources includes Federal and State grants, State aid, and other local grants. For 2022, IGR is increasing to $1,397,600 which is an increase of $98,378 or 7.6%. For 2023, the increase is .3%. The largest sources of IGR are Police Pension Aid and Fire Relief Associaton Aid. Below is a history of these two aids. Other revenues that the General Fund receives consists of fines and penalties, contributions, interest income, reimbursements and transfers–in. These revenues make-up 2% of General Fund Revenues. Other revenue is decreasing due to a decrease in fine and penalty revenue. 12 General Fund Expenditure Budget Revenues Less Expenses for 2022 and 2023 are ($1,500,000) and ($1,100,000) respectively. The City anticipates using $1,500,000 and $1,100,000 respectively of American Recovery Plan Funds to offset revenue shortfalls. Expenditures are proposed to increase 5.1% in 2022 and 3.4% in 2023. The following graph shows budget changes by category: Since the City provides significant services to the community, wages and benefits make up 63% percent of the general fund budget. The most significant categories include wages, pension and taxes, health insurance, part-time wages, and workers compensation insurance. Other significant costs include amounts to maintain facilities, fleet services, information 2021 2022 Percent 2023 Percent Expenses Adopted Proposed Difference Change Proposed Difference Change Administration 4,719,537$ 5,032,648$ 313,111$ 6.6% 5,009,025$ (23,623)$ (0.5%) Community Development 2,506,395 2,647,422 141,027 5.6% 2,726,689 79,267 3.0% Parks and Recreation 13,434,873 14,063,502 628,629 4.7% 14,472,106 408,604 2.9% Police 16,346,761 17,388,375 1,041,614 6.4% 18,233,620 845,245 4.9% Fire 6,538,449 6,803,152 264,703 4.0% 7,058,601 255,449 3.8% Public Works 6,536,459 6,709,291 172,832 2.6% 6,922,366 213,075 3.2% Transfers 20,000 20,000 - 0.0% 20,000 - 0.0% Total 50,102,474$ 52,664,390$ 2,561,916$ 5.1% 54,442,407$ 1,778,017$ 3.4% Revenues Less Expenses -$ (1,500,000)$ (1,500,000)$ 0.0% (1,100,000)$ 400,000$ 0.0% Use of American Recovery Plan Funds 1,500,000 1,100,000 Difference - - Wages and Benefits, $1,772,671 Other Contracted Services, $268,250 Electricity, -$77,077 Fleet Services, $72,416 Information Technology, $299,927 Facilities, -$42,002 Other, $267,731 13 technology, and electricity. These items make up another 25% of the budget. All other items make up 12% of the budget. The chart below illustrates the budget by category. Below provides information on the significant items in the budget. Full-Time Wages With a staff of 236 full-time employees, the City provides its residents and businesses with a full range of municipal services consisting of police and fire protection, street maintenance, recreation programs, park maintenance, community and economic development, and building inspections. Wages are proposed to increase 4.1% in 2022 and 4.7% in 2023. This includes the additional staffing, a 3% base increase, step increases and performance pay. Through staff turnover, the City usually sees budget reduction as new staff are many times hired at a lower rate. However, new employees earn step increases and performance pay until they reach the target rate for their position, which then adds additional increases to the budget. The City prepares the budget for wages by looking at trends within the private sector labor market and our local government peer group. Based on the compensation trends we are seeing, we are proposing a 3% wage increase in 2022 and 2023. This proposal is in line with our peer cities and the private sector. We must continue to provide similar increases as the private sector and our public sector peer cities to remain competitive. Wages and Benefits, $32,907,519 Other Contracted Services, $1,354,640 Electricity, $1,047,530 Fleet Services, $2,613,726 Information Technology, $2,814,370 Facilities, $5,478,670 Other, $6,447,935 14 The 2022 budget includes three new positions: a Forester, a Dispatcher, and an Assistant Fire Chief. These new positions will help with increased workload and improve services to citizens. In 2023 the budget includes the addition of a police officer and a Fire Admin Assistant position moving from part-time to full-time. Wages – Part time Wages part-time are increasing $286,207 or 10.5% in 2022 and decreasing $124,393 or 4.1% in 2023. The 2022 increase includes $162,500 for elections, $38,620 for Fire administrative assistant, $30,000 for a fitness lead, $24,000 for beaches, and $18,600 for Parks and Recreations outreach programs. In addition in many areas rates of pay were increased in response to market conditions. For 2023, the Fire Admin Assistant position was moved to full-time wages, also the election budget was decreased as it is a non-election year. Volunteer Wages/Duty Crew Volunteer wages for 2022 are $956,026 which is $20,000 less than 2021. For 2023 the budget is increasing to $980,000 which is a 2.5% increase. Fire Relief Pension Plan Firefighters of the City of Eden Prairie are members of the Eden Prairie Firefighter Relief Association. The Association is the administrator of the single-employer defined benefit pension plan available to firefighters. The plan is administered pursuant to Minnesota Statutes Chapter 69, Chapter 424A, and the Association’s by-laws. As of December 31, 2020, membership includes 97 active participants, 110 retirees and beneficiaries currently receiving benefits, and 22 terminated employees entitled to benefit but not yet receiving them. Minnesota Statues specifies minimum support rates required on an annual basis by the City. The Association completes an actuarial study every two years which documents the required contribution from the City. For 2022, the required amount is $545,153 annually which is the same as 2021. An updated actuarial will be completed for the 2023 budget. The City receives Fire Relief Pension Aid from the State of approximately $494,000, which offsets the City’s required contribution. PERA The City pays public employees retirement (PERA) benefits for all eligible employees. Generally all full time employees and part-time employees, who earn more than $5,100 15 ($3,800 for 9/10 month school year) annually, are PERA eligible. The City currently contributes 7.50% of salary for PERA except for the police and fire employees where the percent is 17.7% for 2022 and 2023. The City also pays 7.65% of salary for FICA except for police and fire where the percentage is 1.45%. The City has budgeted $3,908,009 and $4,040,770 for PERA/FICA in 2022 and 2023. Health Insurance The City periodically conducts a Request for Proposal (RFP) process to procure health insurance. State law requires that the City issue a RFP every five years. In 2017, the City Council approved a five-year health insurance contract with HealthPartners for 2018 to 2022. For 2022, Health insurance is budgeted to increase $326,244 or 14.2%. The increase is attributed to the rate cap increase of 9%, an increased employer contribution, and the addition of three new employees to the budget. The employer contribution was increased to ensure our benefits are in-line and competitive with the market and our peer cities. Also, every year employees can choose different plan options which affects the change in costs. For 2023, the budget was increased 9.7%. Workers Compensation The workers compensation user charge is changing from $554,285 in 2021 to $671,364 in 2022 which is a 21.1% increase. Most cities are seeing increased costs due to the current public safety enviroment. Our current experince modifiation is .60 and has ranged from .55 to 1.06 since 2013. When the EMR is lower, our workers compensation costs are less due to positive claims experience. The average EMR, or the point at which the City is said to be no more or no less risky than another, is 1.0. If our EMR dips below 1.0, we are considered safer than most, which translates to lower premiums. Also, workers compensation rates for each employee category can change (increase and decrease) every year. For 2023 the charge is budgeted to increase to $781,843 which is a 16.5% increase. Facilities User Charges The Facilities Division is responsible for building related operations, preventative maintenance, remodeling, and long-term maintenance programs of the facilities owned by the City. The buildings include the City Center, Community Center, Outdoor Center, Art Center, Maintenance Facility, four Fire Stations, park shelters, and historical buildings. Facilities charges back to the internal users for these services. 16 Facility user charges are decreasing from $5,520,672 in 2021 to $5,478,670 in 2022, which is a decrease of $42,002, or .8%. For 2023, charges are increasing to $5,627,990 or 2.7%. IT User Charges The Information Technology Division is responsible for providing strategic technology direction and managing and implementing IT governance processes in support of City leadership. IT develops and implements IT operational policies and standards, manages contracts for IT services with various service providers, and coordinates major citywide activities including: • General PC/Phone Systems Support; • Network Wellness (Network Hardware/Servers/Enterprise Applications); • Application Analysis, Implementation and Support and; • Technology Analysis, Recommendation and Implementation. The Information Technolgy Divison manages approximately 75 different software applications and 443 devices (computers, laptops, iPads). IT charges back to the internal users for these services. For the General Fund, IT user charges are increasing from $2,514,443 in 2021 to $2,814,370 in 2022 an 11.9% increase. For 2023, $2,878,189 is budgeted which is a 2.3% increase. There are software maintenance increases for body cameras and electronic citation software (Brazos). New software includes police applications to manage alarm calls and CopLogic, an application to help proactive patrolling. In addition, capital costs increased for the planned implementation of new software in Police including body cameras, additional license plate readers, Brazos (electronic ticket writing application), and a squad camera upgrade. Fleet Services User Charges Fleet services provides and maintains a safe, high quality, reliable and efficient fleet of vehicles and equipment. They manage approximately 300 vehicles and large pieces of equipment. The fleet includes police and fire vehicles, snowplows, dump trucks, pickup trucks and autos. Fleet Services is also continuing sustainability efforts this budget cycle to implement additional plug-in electric vehicles and improve building electrical infrastructure to support more electric vehicle charging stations. Fleet Services charges back to the internal users for these services. Fleet services user charges for the general fund are increasing 2.8% in 2022 to $2,613,726 and increasing 2.3% in 2023 to $2,674,372. The Fleet Services budget is able to hold fairly constant through this budget cycle primarily due to the relative stability of fuel prices, 17 regular maintenance of the fleet, and the City’s continued efforts to conserve fuel and improve vehicle and equipment fuel economy. Housing and Redevelopment Authority (HRA) In 1980, the City of Eden Prairie established a Housing and Redevelopment Authority for the City. The HRA may spend resources for the following: • to provide a sufficient supply of adequate, safe, and sanitary dwellings in order to protect the health, safety, morals, and welfare of the citizens of this state; • to clear and redevelop blighted areas; • to perform those duties according to comprehensive plans; • to remedy the shortage of housing for low and moderate income residents, and to redevelop blighted areas, in situations in which private enterprise would not act without government participation or subsidies. Housing and Redevelopment Authorities can levy a tax of up to .0185 percent of taxable market value. The levy limit for the City of Eden Prairie HRA is approximately $2.1M. In 2006, the Council approved the HRA levy for the first time. The HRA levy pays for wages and benefits related to the support of housing in the City. It includes staff time from Housing and Community Services, Community Development, Planning, and Administratin of Rental Housing Licensing. Wages and benefits total $205,000 for 2022 and $210,000 for 2023. Other City resources for housing on an annual basis include: • Tax Increment Financing, $1,400,000 • Community Development Block Grant, $300,000 to $500,000 • General Fund – Housing Inspections, 150,000 Conclusion This document is intended to provide information on the proposed 2022/2023 City of Eden Prairie budget. If you have any questions about the budget contact a member of the finance team or the individual operating areas.