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Home My WebLink AboutCity Council - 12/07/2021 AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, DECEMBER 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 Julie Klima, Parks and Recreation Director Jay Lotthammer, Administrative Services/HR Director Alecia Rose, Communications Manager Joyce Lorenz, City Attorney Dan Gregerson, and Recorder Nicole Tingley Workshop - Heritage Rooms I and II (5:30) I. RENTAL LICENSING Open Podium - Council Chamber (6:30) II. OPEN PODIUM III. ADJOURNMENT Rental Housing and Rental Licensing City Council Workshop December 7, 2021 Rental Housing Overview Staffing Licensing Inspections Disorderly use Ordinance Updates Staffing Fire Prevention Division 1 -Assistant Chief of Training and Prevention 4 -Fire Inspectors (1 FTE is funded with Rental Housing Revenue) (25% of the Fire Inspection time) Building Inspection Division 1 -Building Official 4 -Building Inspectors Firefighting 7% Rental 25% New Construction- Buildings/Businesses/Multi Family Buildings 29% Existing Buildings\Businesses 30% Combination 9% 2021 Full Time Inspectors Time Allocation Firefighting Rental New Construction Existing Buildings\Businesses Combination Rental Licensing Process License Required. No person, firm, partnership, corporation or other legal entity shall operate a rental dwelling in the City without first having obtained a license. The license is issued each year and is valid until the date of expiration. New License Document Renewal Document 5.72 Subd. 13. Rental Dwelling Licenses; Conduct On Licensed Premises. 5.72 Subd. 9. Maintenance Standards (Chapter 9) 5.72 Subd. 14. Disorderly Use Violations Upon issue of license property ownership agrees to comply with City Code Section 5.72, City Code Chapter 9, & other local and state requirements. SECTION 9.11. RENTAL HOUSING Owner & Occupant responsibilities Occupancy Requirements & Standards Interior & Exterior Rental Fees -2021 Eden Prairie Single Family Housing = $60 per Building Multi-Family Housing = $60 per Building plus $11.25 per unit Rental Fees -2021 Edina SF = $180 MF = $180 Bldg / $17 unit Bloomington SF = $126 MF = $154 Bldg / $11 unit Burnsville SF = $175 MF = $160 Bldg / $15 unit Minneapolis SF = $110 MF = $140 Bldg / $10 unit ◦Inspection / Admin Fees Additional St. Paul SF = $105 MF = $105 Bldg ◦Inspection / Admin Fees Additional Duluth SF = $250 MF = $250 Bldg /$25 unit Rental Fees –2022 Eden Prairie Single Family Housing = $80 (up from $60) per Building Multi-Family Housing = $80 (up from $60) per Building plus $12.75 (up from $11.25) per unit Actual Actual Actual Estimated Forecast Forecast 2018 2019 2020 2021 2022 2023 Fire Permits 68,469.05 91,287.99 103,338.34 66,637.96 82,433.34 87,088.10 Fire Hood/Duct Permits 34,830.00 33,480.00 32,190.00 33,495.00 33,498.75 33,498.75 Hazardous Materials Permits 69,080.00 70,620.00 71,645.00 77,677.00 77,677.00 77,677.00 Rental Housing Revenue 146,833.00 145,313.00 148,000.00 165,270.00 206,390.00 266,347.50 Total Revenue 319,212.05 340,700.99 355,173.34 343,079.96 399,999.09 464,611.35 What does an inspection Look Like? Inspection Process Targets Single Family Housing Inspect SF units every 5 years -20% of Individual Units Annually Focus on Resident Life Safety Inspection Process Targets Multi Family Housing Inspect Building Common Spaces Focus on Fire Alarm, Sprinkler, Resident Life Safety -Non-Sprinklered Bldgs. (17) Annual -Sprinkled Bldgs. (192) 2-3 year cycle -5% of units based on findings Can we find you? Can we get in? Can we get where we need to go? Can we get water? Annual testing and maintenance required Alarm Systems Compliance Engine Internet based tool to Track and Drive Fire Protection System inspection, testing and maintenance compliance Web based system for Third Party contractors who inspect, test and maintain fire protection systems, Building Owners and AHJ Automated Notification to Owners on due and past-due system inspection, Maintenance and Testing Automated Notification to Owners and AHJ on system deficiencies Compliance Engine Reduction in false alarm activities Improved Compliance of Fire Protection System inspection, testing and maintenance. Fire Alarm and Sprinkler Systems, Fire Extinguishers Un-obstructed Inspected, Tested & Maintained Annually Sprinkler Systems Visible & Unobstructed Annual Inspection, Testing , & Maintenance Fire Extinguishers Fire escapes & Egress Fire doors CLOSE and LATCH automatically from the open position. Entry/ Exit doors Stairway doors Corridor doors Laundry room doors Mechanical & Trash room doors Fire doors propped open or blocked Smoke and Carbon Monoxide Alarms -Check Location -Check Age -Check Operation Electrical Hazards Open flame prohibited on deck & balconies Educate on proper disposal of open combustible waste Water Leaks -Mold Concerns We will: -Order Water Leak Remediation -Order expert evaluation -Order remediation based on findings Inspections we do NOT perform Mold evaluations Grading of rental properties Program Impacts Reduced Fire Loss Overall ◦Direct and Indirect costs Reduced Fire Loss at Unsprinklered Buildings Increased Safety for Residents Increased Quality of Life for our residents of rental properties. Rental Housing Complaints •Maintenance •Mold •Landlord and Tenant Issues •Disputes Rental Housing Complaints •Heating concerns •Lack of/Slow/Delayed Maintenance Repairs •Animals, rodents, bugs, mold, moisture •Noise •Excessive storage/housekeeping concerns •Safety concerns 5 5 14 7 5 17 0 2 4 6 8 10 12 14 16 18 2019 2020 2021 Rental Housing Complaints SFD MFD Enhancements Implementation of A customizable mobile application that ◦Simplifies inspection scheduling ◦Enables improved inspection tracking ◦Enables completion of more inspections onsite ◦Fire code access ◦Eliminates a paper system ◦Reduces redundant data entry ◦Custom Inspection Checklists GETAC Tablets Tablets and support equipment acquired Tablets are configured pending mobileEyes implementation ePlan Review Developing process workflow Enhancements 880 1016 1269 1344 1344 1242 1321 1548 5280 5471 5471 5632 5595 5655 5701 5872 0 1000 2000 3000 4000 5000 6000 7000 8000 2014 2015 2016 2017 2018 2019 2021 2021 Licensed Rental Units Multi Family Single Family 7420 1548 1548 1648 1748 5872 5872 6122 7047 100 100 100 250 925 741 0 2000 4000 6000 8000 10000 12000 2021 2022 2023 2024RENTAL UNITSAnticipated Rental Unit Growth Anticipated additional MF Rental Units Anticipated additional SF Rental Units MF Rentals SF Rental 7770 8795 9636 2216 additional rental units over next 3 years (2022-2024) 7420 204 40 168 29 132 29 102 26 67 21 44 1626 85 1 0 50 100 150 200 250 Due for 2021 Past Due Permit 18-19-20 Hazardous Materials Permit Compliance -2021 157 155 67 119 70 585855 5253 29 51 0 20 40 60 80 100 120 140 160 180 Due for 2021 Past Due License Renewal (18-19- 20) Past Due License Renewals pre 18 Rental License Compliance -2021 License and Permit Compliance Overall 65% Improvement Overall 98% Improvement Inspections–End of October 2021 2276 Inspections Completed YTD Involving ◦809 Business Inspections ◦740 Rental Inspections ◦727 All Others Rental Inspection Plan 2022 Single family 310 unit inspection goal Multi family 105 Building Inspection goal w 5% unit inspection 17 non sprinkled (annual) 88 sprinkled (192 total) Follow up inspections 50-75% Disorderly Use Coordination with the Police Department Coordination with Community Development ◦Housing and Community Services City Attorney Disorderly Use All disorderly use violations must be observed and documented, usually these reports will come from PD, the violation cannot be issued based on a “hear say” complaint, even if it is a valid complaint. ◦If a complaint is not verified the property owner may still be contacted with the information concerning the complaint. Once an incident has been documented that information is passed, the Fire Prevention Team will reach out to PD for call history if a neighbor or RP is reporting that an incident(s) have occurred. Once a violation, as defined in Section 5.72 Subd.13, has been verified to have occurred, the property owner is issued a disorderly use violation. Disorderly Use violations are a three step process, with all violations being issued within a 12 month timeframe. The violations may occur over the course of 2 annual licensing periods. Disorderly Use Disorderly Use #1-when an owner is issued a first disorderly use violation, they are provided a violation notice outlining which section and subdivision of city ordinance that the violation is for. This letter advises the owner that they need to take action to ensure future violation(s) do not occur at the property. These items are delivered via certified mail with an affidavit of mailing. Attempt to contact the owner is also made via phone and/or email. Disorderly Use Disorderly Use #2-Owner is provided a violation notice outlining which section and subdivision of city ordinance that the violation is for. Owner is also notified in the second letter that they shall provide a written response to the City, within two weeks of delivery, outlining what action they plan to take to avoid any future violations at the property.Attempt to contact the owner is also made via phone and/or email. Disorderly Use Disorderly Use #3-Owner is provided a violation notice outlining which section and subdivision of city ordinance that the violation is for. Owner is informed in the third letter that their rental license may be suspended for up to 60 days and that subsequent violations may result in longer suspensions or impose fines equal to the total rent of the suspension period. Violations may be voided / corrected if the occupant is evicted or voluntarily vacates that property within 2 months of the violation being issued. Disorderly Use •Illegal Weapons Sales •Controlled substances •Illegal firearms •Disturbing the peace: Noise 2 1 7 0 0 2 0 1 2 3 4 5 6 7 8 2019 2020 2021 Rental Disorderly Use Violations SFD MFD Ordinances and Codes for Operations Fire and Life Safety Code Building Code City Ordinance -5.72 Licensing City Ordinance -9.11 Rental Housing Ordinance Revisions 5.72 Licensing 1.Licensing wording for delivery –mailing and electronic 2.Period for Licensing changing: February 1–January 31 3.Inspection of Dwelling before licensing –now required 4.Updates to Denial of Application 5.Suspension or Revocation section ◦Appeal now to City Manager Ordinance Revisions 9.11 Rental Housing 1.Administrative Authority Updated o Fire Chief, Fire Code Official, designees2.Owner vs. Occupant Clarification and Updates o We work with Owner 3.Removal of sections on mold, rodents, etc. o Enforce as needed with Sanitary Conditions 4.Change in Owner information o Requirement to now provide updates of any contact information changes Rental Housing Next Steps ◦Ongoing Program Improvement ◦Updates to the Ordinance ◦5.72 ◦9.11 Thank You Firefighting 25% Rental 19% New Construction 22% Existing Construction 16% Combination 18% 2021 Fire Inspector Allocation AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, DECEMBER 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 Julie Klima, Parks and Recreation Director Jay Lotthammer, and City Attorney Dan Gregerson I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS / PRESENTATIONS A. ACCEPT DONATION FROM FRIENDS OF BIRCH ISLAND WOODS FOR IMPROVEMENTS WITHIN THE BIRCH ISLAND WOODS CONSERVATION AREA (Resolution) V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, NOVEMBER 16, 2021 B. CITY COUNCIL MEETING HELD TUESDAY, NOVEMBER 16, 2021 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK’S LICENSE LIST B. APPROVE FIRST AMENDMENT TO FLYING CLOUD COMMONS DEVELOPMENT AGREEMENT C. ADOPT RESOLUTION DESIGNATING POLLING PLACES FOR 2022 D. ADOPT RESOLUTION APPROVING DECERTIFICATION OF TAX INCREMENT FINANCING DISCTRICT NO. 20 OF CITY OF EDEN PRAIRIE CITY COUNCIL AGENDA December 7, 2021 Page 2 E. APPROVE EXCLUSIVE LISTING AGREEMENT WITH AVISION- YOUNG REAL ESTATE COMPANY F. ADOPT RESOLUTION ACCEPTING VARIOUS DONATIONS AND IN- KIND CONTRIBUTIONS G. ADOPT RESOLUTION PRELIMINARILY AUTHORIZING THE ISSUANCE OF SEPARATE HOUSING REVENUE BONDS FOR TWO RE EQUITIES MULTIFAMILY HOUSING DEVELOPMENTS H. APPROVE FUNDING RECOMMENDATIONS MADE BY THE HUMAN SERVICES REVIEW COMMITTEE FOR SOCIAL SERVICE PROVIDERS FOR 2022 AND 2023 I. AWARD BID TO HULS BROTHERS TRUCKING INC. FOR LIME RESIDUALS HAULING AND DISPOSAL FOR THREE YEARS J. AWARD CONTRACTS FOR 2022 WATER TREATMENT CHEMICALS K. DECLARE SQUAD #233 SURPLUS PROPERTY AND AUTHORIZE REPLACEMENT VEHICLE PURCHASE L. APPROVE ENCROACHMENT AGREEMENT INTO PRAIRIE CENTER DRIVE RIGHT-OF-WAY FOR PARAVEL M. APPROVE PURCHASE OF 2022 FORD TRANSIT VAN FOR PD NEGOTIATIONS IN CAPITAL IMPROVEMENT PLAN N. APPROVE AMENDMENT TO 2019 CLEAN WATER FUND WATER EFFICIENCY GRANT TO ACCEPT ADDITIONAL FUNDS FOR WATER CONSERVATION REBATE PROGRAM O. ADOPT RESOLUTION APPROVING 2022-2025 RESIDENTIAL WASTE REDUCTION AND RECYCLING GRANT AGREEMENT WITH HENNEPIN COUNTY P. APPROVE AMENDMENT TO AGREEMENT WITH STANTEC, INC. FOR 11579 WELTERS WAY EROSION REPAIR Q. AUTHROIZE AGREEMENT WITH USDA FOR DEER MANAGEMENT PROGRAM R. AUTHORIZE AGREEMENT WITH WSB FOR DESIGN AND CONSTRUCTION DOCUMENT PREPARATION FOR NESBITT PARK CITY COUNCIL AGENDA December 7, 2021 Page 3 SPLASH PAD IX. PUBLIC HEARINGS / MEETINGS A. OLYMPIC HILLS GOLF CLUB STORAGE ADDITION by Aulik Design Build. Resolution for Site Plan Minor Amendment Review on 82.31 acres (Resolution for Site Plan Minor Amendment Review) B. SHUTTERFLY by Tempus Eden Prairie, LLC. Resolution for Planned Unit Development Concept Review on 16.2 acre s; First Reading of Ordinance for Planned Unit District Review with Waivers on 16.2 acres (Resolution for PUD Concept Review, Ordinance for PUD District Review) C. THE ELLIE by United Properties. Resolution for Comprehensive Guide Plan Change from Low Density Residential and Industrial Flex-Tech to Medium High Density Residential on 6.4 acres; Resolution for Planned Unit Development Concept Review on 6.4 acres; First Reading of Ordinance for Planned Unit Development District Review with Waivers and Zoning Change from R1-22 and 1-2 to RM-2.5 on 6.4 acres; Resolution for Preliminary Plat of 7 Parcels into 1 Lot and 1 Outlot on 6.4 acres (Resolution for Comprehensive Guide Plan Change, Resolution for PUD Concept Review, Ordinance for District Review with Zoning Change, Resolution for Preliminary Plat) D. CODE AMENDMENT FOR NEIGHBORHOOD COMMERCIAL by City of Eden Prairie. First Reading of Ordinance to Amend City Code Chapter 11 Relating to Gas Stations within Neighborhood Commercial Zoning District (Ordinance) E. FIRST AND SECOND READINGS OF ORDINANCE APPROVING 2022 FEE SCHEDULE FOR ADMINISTRATION OF OFFICIAL CONTROLS AND RESOLUTION APPROVING SUMMARY ORDINANCE FOR PUBLICATION F. 2022 FEE RESOLUTION FOR CITY SERVICES (Resolution) G. RESOLUTION CERTIFYING 2022 PROPERTY TAX LEVY, ADOPTING 2022 BUDGET, AND APPROVING 2022 HRA TAX LEVY H. VACATION OF EASEMENTS (Resolution) X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS, AND COMMUNICATIONS CITY COUNCIL AGENDA December 7, 2021 Page 4 XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT ANNOTATED AGENDA DATE: December 3, 2021 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, December 7, 2021 ___________________________________________________________________________________________ TUESDAY, DECEMBER 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. 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 OCTOBER 26, 2021 MOTION: Move to approve the HRA minutes from October 26, 2021. HRA III. ADOPT RESOLUTION CERTIFYING 2022 HRA PROPERTY TAX LEVY TO BE $200,000 AND APPROVING 2022 HRA BUDGET OF $200,000 Synopsis: On September 7, 2021 the HRA approved the proposed 2022 HRA property tax levy and budget. Also on September 7, 2021, the Eden Prairie City Council adopted resolutions consenting and approving the proposed 2022 HRA property tax levy and budget. 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 certifying the 2022 HRA Property Tax levy to be $200,000 and approving the 2022 HRA ANNOTATED AGENDA December 7, 2021 Page 2 Budget of $200,000 as reviewed by the Council. HRA IV. ADOPT RESOLUTION APPROVING DECERTIFICATION OF TAX INCREMENT FINANCING DISTRICT NO. 20 OF HOUSING AND REDEVELOPMENT AUTHORITY Synopsis: On September 5, 2006, the Housing and Redevelopment Authority created Tax Increment Financing District No. 20 and entered into a contract with Superior Eden Prairie Investment, L.L.C. The District provided funding over the life of district to Superior Eden Prairie Investment, L.L.C for substantial redevelopment at the site. The Housing and Redevelopment Authority’s obligation is paid and the district can be decertified. MOTION: Move to adopt a resolution approving the decertification of Tax Increment Financing District No. 20 of the Housing and Redevelopment Authority. HRA V. ADOPT RESOLUTION APPROVING FIRST AMENDMENT TO TAX INCREMENT FINANCING AGREMENT FOR TAX INCREMENT FINANCING DISTRICT NO. 23 – TRAIL POINTE RIDGE AND AUTHORIZING ISSUANCE OF NEW TIF NOTE Synopsis: The HRA entered into that Certain Tax Increment Development Agreement dated August 13, 2019, filed on October 11, 2019 with the Hennepin County Recorder’s Office as Document No. 10711170 and with the Hennepin County Registrar of Titles Office as Document No. 5651865 (the “Agreement”). The Agreement provides for the HRA’s payment to Developer of Tax Increments derived from the Development Property in accordance with the terms and conditions of the Agreement which provided for an increment to be paid in 2021. No Tax Increments were derived from the Development Property for tax year 2020 and therefore no Tax Increments were available to be paid to Developer on August 1, 2021. The first tax increment payment will be made in 2022. Therefore, it is necessary to amend the Agreement to extend the first TIF Note Payment Date to August 1, 2022. In addition, a new TIF Note is required to be tenders which incorporates the revised dates referred to in the First Amendment and which will replace in its entirety the original TIF Note. MOTION: Move to adopt Resolution approving a First Amendment to the Tax Increment Agreement fo r Tax Increment Financing District 23- Trail Ridge Point & Authorizing Issuance of a new TIF Note. HRA VI. ADJOURNMENT ANNOTATED AGENDA December 7, 2021 Page 3 MOTION: Move to adjourn the HRA meeting. COUNCIL MEETING IV. PROCLAMATIONS / PRESENTATIONS A. ACCEPT DONATION FROM FRIENDS OF BIRCH ISLAND WOODS FOR IMPROVEMENTS WITHIN THE BIRCH ISLAND WOODS CONSERVATION AREA (Resolution) Synopsis: Terry Picha and Cheryl Tschida will present to the council the history and efforts of the Friends of Birch Island Woods along with the intent to donate their remaining funds to the City of Eden Prairie to be used for improvements within the Birch Island Woods Conservation Area. Initial improvements include additional trees and an interpretive sign highlighting the history of the property and efforts taken to protect, restore and improve the landscape. MOTION: Move to adopt the Resolution accepting the donation from the Friends of Birch Island Woods to be used for Improvements within the Birch Island Woods Conservation Area. 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, NOVEMBER 16, 2021 B. CITY COUNCIL MEETING HELD TUESDAY, NOVEMBER 16, 2021 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-R on the Consent Calendar. A. CLERK’S LICENSE LIST B. APPROVE FIRST AMENDMENT TO FLYING CLOUD COMMONS DEVELOPMENT AGREEMENT C. ADOPT RESOLUTION DESIGNATING POLLING PLACES FOR 2022 ANNOTATED AGENDA December 7, 2021 Page 4 D. ADOPT RESOLUTION APPROVING DECERTIFICATION OF TAX INCREMENT FINANCING DISCTRICT NO. 20 OF CITY OF EDEN PRAIRIE E. APPROVE EXCLUSIVE LISTING AGREEMENT WITH AVISION- YOUNG REAL ESTATE COMPANY F. ADOPT RESOLUTION ACCEPTING VARIOUS DONATIONS AND IN- KIND CONTRIBUTIONS G. ADOPT RESOLUTION PRELIMINARILY AUTHORIZING THE ISSUANCE OF SEPARATE HOUSING REVENUE BONDS FOR TWO RE EQUITIES MULTIFAMILY HOUSING DEVELOPMENTS H. APPROVE FUNDING RECOMMENDATIONS MADE BY THE HUMAN SERVICES REVIEW COMMITTEE FOR SOCIAL SERVICE PROVIDERS FOR 2022 AND 2023 I. AWARD BID TO HULS BROTHERS TRUCKING INC. FOR LIME RESIDUALS HAULING AND DISPOSAL FOR THREE YEARS J. AWARD CONTRACTS FOR 2022 WATER TREATMENT CHEMICALS K. DECLARE SQUAD #233 SURPLUS PROPERTY AND AUTHORIZE REPLACEMENT VEHICLE PURCHASE L. APPROVE ENCROACHMENT AGREEMENT INTO PRAIRIE CENTER DRIVE RIGHT-OF-WAY FOR PARAVEL M. APPROVE PURCHASE OF 2022 FORD TRANSIT VAN FOR PD NEGOTIATIONS IN CAPITAL IMPROVEMENT PLAN N. APPROVE AMENDMENT TO 2019 CLEAN WATER FUND WATER EFFICIENCY GRANT TO ACCEPT ADDITIONAL FUNDS FOR WATER CONSERVATION REBATE PROGRAM O. ADOPT RESOLUTION APPROVING 2022-2025 RESIDENTIAL WASTE REDUCTION AND RECYCLING GRANT AGREEMENT WITH HENNEPIN COUNTY P. APPROVE AMENDMENT TO AGREEMENT WITH STANTEC, INC. FOR 11579 WELTERS WAY EROSION REPAIR Q. AUTHROIZE AGREEMENT WITH USDA FOR DEER MANAGEMENT PROGRAM ANNOTATED AGENDA December 7, 2021 Page 5 R. AUTHORIZE AGREEMENT WITH WSB FOR DESIGN AND CONSTRUCTION DOCUMENT PREPARATION FOR NESBITT PARK SPLASH PAD IX. PUBLIC HEARINGS / MEETINGS A. OLYMPIC HILLS GOLF CLUB STORAGE ADDITION 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 recently received City Council approval for an exterior façade remodel of the current clubhouse building and two (2) building additions. These additions consisted of an approximately 160 square foot 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. After the approval, the developer determined that the storage space needs to be larger to accommodate the desired storage. There are no proposed changes to the entrance vestibule. The previous site plan resolution approved building additions of approximately 1,500 square feet. The applicant is requesting to make the storage addition 400 square feet larger than the approved site plan, or 1,800 square feet. All the additions on the site will total approximately 1,990 square feet. Minor Site Plan Amendments are allowed for code compliant façade remodels and building additions less than 2,000 square feet. MOTION: Move to: • Close the Public Hearing; and • Adopt a Resolution for a Site Plan Review on 82.31 acres B. SHUTTERFLY by Tempus Eden Prairie, LLC. Resolution for Planned Unit Development Concept Review on 16.2 acre s; First Reading of Ordinance for Planned Unit District Review with Waivers on 16.2 acres (Resolution for PUD Concept Review, Ordinance for PUD District Review) Synopsis: The applicant is requesting approval to demolish an existing office building at 11000 Viking Drive. The property is located north of I-494 and south of Lake Smetana. The property is zoned and is guided for Office use. The applicant is requesting a PUD waiver for impervious surface coverage. Shutterfly is the current tenant of the site. The proposed alterations to the site are being requested to better meet Shutterfly’s needs. MOTION: Move to: • Close the Public Hearing; and • Adopt a Resolution for a Planned Unit Development Concept Review on 16.2 acres; and • Approve the 1st Reading of an Ordinance for Planned Unit Development District Review with waivers on 16.2 acres; and ANNOTATED AGENDA December 7, 2021 Page 6 • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. C. THE ELLIE by United Properties. Resolution for Comprehensive Guide Plan Change from Low Density Residential and Industrial Flex-Tech to Medium High Density Residential on 6.4 acres; Resolution for Planned Unit Development Concept Review on 6.4 acres; First Reading of Ordinance for Planned Unit Development District Review with Waivers and Zoning Change from R1-22 and 1-2 to RM-2.5 on 6.4 acres; Resolution for Preliminary Plat of 7 Parcels into 1 Lot and 1 Outlot on 6.4 acres (Resolution for Comprehensive Guide Plan Change, Resolution for PUD Concept Review, Ordinance for District Review with Zoning Change, Resolution for Preliminary Plat) Synopsis: The applicant is requesting approval to construct a 239-unit apartment building at Lincoln Lane. The property is located on the east side of Eden Prairie Road about ¼ mile south of Highway 5. The property is just north of the historic Smith Douglas More House and the Applewood Pointe development. The total project site is 6.4 acres and involves the redevelopment of seven single family homes around Lincoln Lane and the removal of the street. There are industrial uses to the north and east, commercial and residential uses to the south and residential to the west. The applicant is proposing to raze the single-family homes and build a 349,800 square foot apartment building. The proposal includes a 4- story building over one level of underground parking with surface parking around the perimeter of the site. The proposal includes a mix of unit types. The proposed project density is 37 units per acre. The applicant is requesting an amendment of the guide plan from Low Density Residential and Industrial Flex Tech to Medium-High Density Residential and a rezoning of the property from Industrial and R1-22 to RM-2.5. MOTION: Move to: • Close the Public Hearing; and • Adopt a Resolution for a Guide Plan Change from Low Density Residential and Industrial Flex Tech to Medium- High Density Residential on 6.4 acres; and • Adopt a Resolution for a Planned Unit Development Concept Review on 6.4 acres; and • Approve the 1st reading of a Planned Unit Development District Review with waivers and Zoning Change from R1-22, and I-2 to RM-2.5 on 6.4 acres; and • Adopt a Resolution for a Preliminary Plat of 7 parcels into 1 lot and 1 outlot on 6.4 acres; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council ANNOTATED AGENDA December 7, 2021 Page 7 conditions. D. CODE AMENDMENT FOR NEIGHBORHOOD COMMERCIAL by City of Eden Prairie. First Reading of Ordinance to Amend City Code Chapter 11 Relating to Gas Stations within Neighborhood Commercial Zoning District (Ordinance) Synopsis: At its October 26, 2021 meeting, the City Council directed staff to prepare and bring forward an amendment to City Code that removes gas stations as a permitted use in the Neighborhood Commercial (N- Com) zoning district. MOTION: Move to: • Close the Public Hearing; and • Approve the 1st Reading of the Ordinance to Amend City Code Chapter 11 relating to Neighborhood Commercial Zoning District Gas Stations. E. FIRST AND SECOND READINGS OF ORDINANCE APPROVING 2022 FEE SCHEDULE FOR ADMINISTRATION OF OFFICIAL CONTROLS AND RESOLUTION APPROVING SUMMARY ORDINANCE FOR PUBLICATION Synopsis: This Ordinance establishes a fee schedule for the City’s costs in administering Official Controls pursuant to Minnesota Statutes Section 462.353, Subd. 4. MOTION: Move to: • Close the Public Hearing; and • Approve first and second readings of the Ordinance Updating the Fee Schedule for Administration of Official Controls and adopt resolution approving the Summary for Publication. F. 2022 FEE RESOLUTION FOR CITY SERVICES (Resolution) Synopsis: This Resolution updates the fee schedule for the City’s services not covered by ordinance. MOTION: Move to: • Close the Public Hearing; and • Adopt the 2022 Fee Resolution. G. RESOLUTION CERTIFYING 2022 PROPERTY TAX LEVY, ADOPTING 2022 BUDGET, AND APPROVING 2022 HRA TAX LEVY ANNOTATED AGENDA December 7, 2021 Page 8 Synopsis: On September 7, 2021, the Eden Prairie City Council adopted a resolution certifying the proposed 2022 City budget and property tax levy. Calculations for the City showed the budget to be $55,617,390 and the certified levy to be $43,102,554 before fiscal disparities distribution. The net tax levy after fiscal disparities distribution of ($2,494,942) is $40,607,612. The 2022 proposed budget maintains City services with a budget incre ase of 5.1% in the general fund and a total budget increase of 4.8% which includes the capital levy and debt service payments. The tax levy is budgeted to increase 4.7%. According to state statute, the final levy amount must be certified to the county auditor by December 28, 2021. City Council adoption of the final levy and budget will complete this process. MOTION: Move to: • Adopt a resolution certifying the 2022 Property Tax levy to be $43,102,554; and • Approve the 2022 Budget of $55,617,390 as reviewed by the Council; and • Approve the HRA tax levy and budget of $200,000. H. VACATION OF EASEMENTS (Resolution) Synopsis: The developer of Outlot B, Castle Ridge 3rd Addition has requested the vacation of the drainage and utility easements over this lot to facilitate the plat of Castle Ridge 5th Addition for the new Flying Cloud Commons development. The drainage and utility easement vacation is conditioned upon receipt of written confirmation from Comcast that they have relocated their facilities and no longer object to said vacation. MOTION: Move to: • Close the public hearing; and • Adopt the Resolution vacating Drainage and Utility Easements. 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 ANNOTATED AGENDA December 7, 2021 Page 9 A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. AGENDA CITY OF EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY, DECEMBER 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, City Attorney Dan Gregerson, Community Development Director Julie Klima, and Finance Manager Tammy Wilson I. ROLL CALL / CALL THE HRA MEETING TO ORDER II. APPROVE MINUTES OF HRA MEETING HELD ON OCTOBER 26, 2021 III. ADOPT RESOLUTION CERTIFYING 2022 HRA PROPERTY TAX LEVY TO BE $200,000 AND APPROVING 2022 HRA BUDGET OF $200,000 IV. ADOPT RESOLUTION APPROVING DECERTIFICATION OF TAX INCREMENT FINANCING DISTRICT NO. 20 OF HOUSING AND REDEVELOPMENT AUTHORITY V. ADOPT RESOLUTION APPROVING FIRST AMENDMENT TO TAX INCREMENT FINANCING AGREMENT FOR TAX INCREMENT FINANCING DISTRICT NO. 23 – TRAIL POINTE RIDGE AND AUTHORIZING ISSUANCE OF NEW TIF NOTE VI. ADJOURNMENT UNAPPROVED MINUTES HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY, OCTOBER 26, 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 Julie Klima, City Attorney Maggie Neuville I. ROLL CALL / CALL THE HRA MEETING TO ORDER Chair Case called the meeting to order at 7 p.m. All Housing and Redevelopment Authority (HRA) members were present. II. APPROVE MINUTES OF HRA MEETING HELD ON SEPTEMBER 7, 2021 MOTION: Toomey moved, seconded by Freiberg, to approve the HRA minutes from September 7, 2021. Motion carried 5-0. III. APPROVE EXECUTION OF ESTOPPEL CERTIFICATE CONSENTING TO COLLATERAL ASSIGNMENT OF PARAVEL TIF AGREEMENT AND TIF NOTE TO PACIFIC LIFE INSURANCE COMPANY Getschow explained the Council approved a Tax Increment Financing (TIF) with Paravel Property LLC for the Paravel apartment project, and this item was to consent to assign the TIF agreement and TIF note to an insurance company, which is part of the financing for the improvement. MOTION: Narayanan moved, seconded by Nelson, to approve the execution of Estoppel Certificate consenting to collateral assignment of Paravel TIF agreement and TIF note to Pacific Life Insurance Company. Motion carried 5-0. IV. ADJOURNMENT MOTION: Nelson moved, seconded by Freiberg, to adjourn the HRA meeting. Motion carried 5-0. Chair Case adjourned the meeting at 7:04 p.m. Respectfully submitted, ___________________________ Nicole Tingley, City Clerk HOUSING AND REDEVELOPMENT AUTHORITY AGENDA DATE: December 7, 2021 DEPARTMENT / DIVISION: Tammy Wilson Administration / Finance ITEM DESCRIPTION: Resolution Approving the 2022 HRA Property Tax Levy and Accepting the 2022 HRA Budget HRA ITEM NO.: III. Requested Action Move to: Adopt resolution certifying the 2022 HRA Property Tax levy to be $200,000 and approving the 2022 HRA Budget of $200,000 as reviewed by the Council. Synopsis On September 7, 2021 the HRA approved the proposed 2022 HRA property tax levy and budget. Also on September 7, 2021, the Eden Prairie City Council adopted resolutions consenting and approving the proposed 2022 HRA property tax levy and budget. 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. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA HOUSING AND REDEVELOPMENT AUTHORITY H.R.A. RESOLUTION NO. 2021-__ A RESOLUTION APPROVING THE HRA 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 $200,000 2. Approves the 2022 proposed budget totaling $200,000 at this time. ADOPTED by the Housing and Redevelopment Authority on December 7, 2021. _______________________________ Ronald A. Case, Chair ATTEST: SEAL _____________________________ Rick Getschow, Executive Director HOUSING AND REDEVELOPMENT AUTHORITY AGENDA DATE: December 7, 2021 DEPARTMENT / DIVISION: Rick Getschow City Manager, Administration ITEM DESCRIPTION: Resolution approving the decertification of Tax Increment Financing District No. 20 of the Housing and Redevelopment Authority HRA ITEM NO.: IV. Requested Action Move to: Adopt a resolution approving the decertification of Tax Increment Financing District No. 20 of the Housing and Redevelopment Authority. Synopsis On September 5, 2006, the Housing and Redevelopment Authority created Tax Increment Financing District No. 20 and entered into a contract with Superior Eden Prairie Investment, L.L.C. The District provided funding over the life of district to Superior Eden Prairie Investment, L.L.C for substantial redevelopment at the site. The Housing and Redevelopment Authority’s obligation is paid and the district can be decertified. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA HRA RESOLUTION NO. 2021-__ BEING A RESOLUTION APPROVING THE DECERTIFICATION OF TAX INCREMENT FINANCING DISTRICT NO. 20 OF THE HOUSING AND REDEVELOPMENT AUTHORITY WHEREAS, on September 5, 2006, the Housing and Redevelopment Authority (the "HRA") created its Tax Increment Financing District No. 20 (the "District") within its Redevelopment Project No. 6 (the "Project"); and WHEREAS, on December 31, 2021 the tax increment bonds to which tax increment from the District have been pledged was paid, and WHEREAS, all other costs of the Project have been paid; and WHEREAS, the City desires by this resolution to cause the decertification of the District after which all property taxes generated by property within the Districts will be distributed in the same manner as all other property taxes beginning 2022. NOW THEREFORE, BE IT RESOLVED by the HRA of the City of Eden Prairie that the HRA’s staff shall take such action as is necessary to cause the County Auditor of Hennepin County to decertify the District as tax increment districts and to no longer remit tax increment from the District to the City. ADOPTED by the Housing and Redevelopment Authority this 7th day of December, 2021. _____________________________ Ronald A. Case, Chair ATTEST: ________________________________ Rick Getschow, Executive Director (Seal) HOUSING AND REDEVELOPMENT AUTHORITY AGENDA DATE: December 7, 2021 DEPARTMENT / DIVISION: Jonathan Stanley, Office of Housing & Community Services Julie Klima, Community Development ITEM DESCRIPTION: Resolution adopting a First Amendment to the Tax Increment Agreement for Tax Increment Financing District 23- Trail Ridge Point and Authorizing Issuance of a new TIF Note. HRA ITEM NO.: V. Requested Action Move to adopt Resolution approving a First Amendment to the Tax Increment Agreement for Tax Increment Financing District 23- Trail Ridge Point & Authorizing Issuance of a new TIF Note. Synopsis The HRA entered into that Certain Tax Increment Development Agreement dated August 13, 2019, filed on October 11, 2019 with the Hennepin County Recorder’s Office as Document No. 10711170 and with the Hennepin County Registrar of Titles Office as Document No. 5651865 (the “Agreement”). The Agreement provides for the HRA’s payment to Developer of Tax Increments derived from the Development Property in accordance with the terms and conditions of the Agreement which provided for an increment to be paid in 2021. No Tax Increments were derived from the Development Property for tax year 2020 and therefore no Tax Increments were available to be paid to Developer on August 1, 2021. The first tax increment payment will be made in 2022. Therefore, it is necessary to amend the Agreement to extend the first TIF Note Payment Date to August 1, 2022. In addition, a new TIF Note is required to be tenders which incorporates the revised dates referred to in the First Amendment and which will replace in its entirety the original TIF Note. Attachments Resolution: Resolution adopting a First Amendment to the Tax Increment Agreement for Tax Increment Financing District 23- Trail Ridge Point & Authorizing Issuance of a new TIF Note. First Amendment to Tax Increment Development Agreement CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA HOUSING AND REDEVELOPMENT AUTHORITY H.R.A. RESOLUTION NO. ______ RESOLUTION ADOPTING A FIRST AMENDMENT TO THE TAX INCREMENT AGREEMENT FOR TAX INCREMENT FINANCING DISTRICT, NO. 23 – TRAIL PONTE RIDGE AND AUTHORIZING ISSUANCE OF A NEW TIF NOTE BE IT RESOLVED by the Board of Commissioners (the “Board”) of the Housing and Redevelopment Authority in and for the City of Eden Prairie (the “HRA”) as follows: Section 1. Recitals. 1.01. The HRA entered into that Certain Tax Increment Development Agreement dated August 13, 2019, filed on October 11, 2019 with the Hennepin County Recorder’s Office as Document No. 10711170 and with the Hennepin County Registrar of Titles Office as Document No. 5651865 (the “Agreement”); 1.02. WHEREAS, the Agreement provides for the HRA’s payment to Developer of Tax Increments derived from the Development Property in accordance with the terms and conditions of the Agreement; 1.03. WHEREAS, no Tax Increments were derived from the Development Property for tax year 2020 and therefore no Tax Increments were available to be paid to Developer on August 1, 2021; 1.04. WHEREAS, the parties wish to amend the Agreement to extend the first TIF Note Payment Date to August 1, 2022; 1.05 WHEREAS, the parties desire that a new TIF Note in the form attached as Exhibit B to the First Amendment be issued which incorporates the revised dates referred to in the First Amendment and which will replace in its entirety the original TIF Note attached as Exhibit B to the Agreement. Section 2. Approval of the Modifications; Filing; and Delivery of TIF Note. 2.01. The First Amendment Tax Increment Development Agreement is hereby approved. 2.02 Issuance of a new Tax Increment Note attached as Exhibit B to the First Amendment To Tax Increment Development Agreement is hereby approved. 2.03. Upon execution by the Developer and by the Executive Director and Chair of the HRA, the First Amendment To Tax Increment Development Agreement shall be filed with Hennepin County Registrar of Title and County Recorder. 2.04. The Executive Director and Chair of the HRA are hereby authorized to execute and deliver the new Tax Increment Note to the Developer upon tender by the Developer of the original Tax Increment Note which shall be marked as “Cancelled and Replaced”. ADOPTED by the HRA in and for the City of Eden Prairie this 7th day of December, 2021. ______________________________ Ronald A. Case, Chair ATTEST: ______________________________ Rick Getschow, Executive Director Final 12/07/21 FIRST AMENDMENT TO TAX INCREMENT DEVELOPMENT AGREEMENT BY AND BETWEEN HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF EDEN PRAIRIE, MINNESOTA AND CB EDEN PRAIRIE HOUSING LIMITED PARTNERSHIP This document drafted by: GREGERSON, ROSOW, JOHNSON & NILAN, LTD 100 Washington Ave. S. Suite 1550 Minneapolis, MN 55401 FIRST AMENDMENT TO TAX INCREMENT DEVELOPMENT AGREEMENT THIS FIRST AMENDMENT TO TAX INCREMENT DEVELOPMENT AGREEMENT (“FIRST AMENDMENT”), is made as of the 7th day of December, 2021, by and between the Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota (the “HRA”), a political subdivision of the State of Minnesota organized under the Constitution and laws of the State of Minnesota with it principal offices at 8080 Mitchell Road, Eden Prairie, MN 55344-2230 and CB Eden Prairie Housing Limited Partnership, a Minnesota limited partnership (the “Developer”). WITNESSETH: WHEREAS, HRA and Developer are parties to that certain Tax Increment Development Agreement dated August 13, 2019, filed on October 11, 2019 with the Hennepin County Recorder’s Office as Document No. 10711170 and with the Hennepin County Registrar of Titles Office as Document No. 5651865 (the “Agreement”); WHEREAS, the Agreement provides for the HRA’s payment to Developer of Tax Increments derived from the Development Property in accordance with the terms and conditions of the Agreement; WHEREAS, the Agreement provides that the first TIF Note Payment Date is August 1, 2021; WHEREAS, no Tax Increments were derived from the Development Property for tax year 2020 and therefore no Tax Increments were available to be paid to Developer on August 1, 2021; WHEREAS, the parties wish to amend the Agreement to extend the first TIF Note Payment Date to August 1, 2022; and WHEREAS, capitalized terms used in these recitals or elsewhere in this First Amendment and not otherwise defined are given the meanings assigned to them in Article I of this Agreement. NOW, THEREFORE, in consideration of the foregoing recitals, which are agreed by the parties to be an integral part of this First Amendment, and the mutual obligations of the parties hereto, each of them does hereby covenant and agree that the Agreement be amended as follows: 1. The following definitions contained in Section 1.1 of the Agreement are hereby amended in their entirety to read as follows: Termination Date means the earlier of December 31, 2047 or the date this Agreement is terminated earlier pursuant to the terms hereof. TIF Note Payment Date means August 1, 2022, and each February 1 and August 1 of each year thereafter to and including the date on which Developer has received a total principal amount of $746,410; provided, that if any such Note Payment Date should not be a Business Day, the Note Payment Date shall be the next succeeding Business Day; 2. Exhibit B to the Agreement is hereby deleted in its entirety and replaced with Amended Exhibit B which is attached to and incorporated into this First Amendment. Every reference in the Agreement to “Exhibit B” will instead refer to Amended Exhibit B. 3. Section 3.4(3) of the Agreement is amended by deleting the date “July 1, 2021” and replacing it with “July 1, 2022”. 4. Section 3.4(4) of the Agreement is amended by deleting the date “March 1, 2021” and replacing it with “March 1, 2022”. 5. Section 6.7 of the Agreement is amended in its entirety as follows: “6.7 This Agreement shall expire on the earlier of (i) December 31, 2047 except for a final payment under the TIF Note on Feb. 1, 2048 if the TIF Note has not been fully paid prior to that payment date; (ii) the date the TIF Note is paid in full or (iii) the date this Agreement is terminated or rescinded in accordance with its terms. IN WITNESS WHEREOF, the HRA has caused this First Amendment to be duly executed in its name and on its behalf and the Developer has caused this First Amendment to be duly executed in its name and on its behalf, on or as of the date first above written. HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE, MINNESOTA By ____________________________ Ronald A. Case, Chair By ____________________________ Rick Getschow, Executive Director STATE OF MINNESOTA) ) SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this 7th day of December, 2021, by Ronald A. Case, the Chair of the Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota, a political subdivision under the law of the State of Minnesota, on behalf of the Authority. ___________________________________ Notary Public STATE OF MINNESOTA) ) SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this 7th day of December, 2021, by Rick Getschow, the Executive Director of the Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota, a political subdivision under the law of the State of Minnesota, on behalf of the Authority. ___________________________________ Notary Public CB Eden Prairie Housing Limited Partnership, a Minnesota limited partnership CB Eden Prairie Housing GP LLC General Partner Cecile Bedor Chief Manager/President STATE OF MINNESOTA) ) SS. COUNTY OF _____________) The foregoing instrument was acknowledged before me this ____ day of _________, 2021, by Cecile Bedor, the Chief Manager/President of CB Eden Prairie Housing GP LLC, a Minnesota limited liability company, the general partner of CB Eden Prairie Housing Limited Partnership, a Minnesota limited partnership, on behalf of said limited partnership. Notary Public AMENDED EXHIBIT B FORM OF TAX INCREMENT NOTE No. R-1 UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE TAX INCREMENT REVENUE NOTE OF 2021 TAX INCREMENT FINANCING DISTRICT # 23 WITHIN REDEVELOPMENT PROJECT AREA NO. 5 PRINCIPAL AMOUNT: $746,410.00 INTEREST RATE: 4.82% The Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota (the “HRA”) hereby acknowledges itself to be indebted and, for value received, promises to pay to the order of CB Eden Prairie Housing Limited Partnership, a Minnesota limited partnership (the “Owner”), or its permitted assigns (as such term is defined herein), solely from the source, to the extent and in the manner hereinafter provided, the principal amount of this Note, being Seven Hundred Forty-Six Thousand Four Hundred Ten and no/100 Dollars ($746,410.00) (the "Principal Amount"), commencing on August 1, 2022 and continuing on each August 1 and February 1 thereafter up to and including February 1, 2048 (the "Scheduled Payment Dates"). Simple interest at the rate of 4.82 percent per annum shall accrue from the date of this Note on the Principal Amount and shall be paid together with the Principal Amount on each February 1 and August 1. From and after August 1, 2022, all payments made by the HRA shall be applied first to accrued interest and then to the Principal Amount of this TIF Note. This Tax Increment Revenue Note of 2021 (“TIF Note”) is issued pursuant, and subject, to the terms and provisions of that certain Tax Increment Development Agreement, dated as of August 13, 2019, as amended by that certain First Amendment to Tax Increment Development Agreement dated December 7, 2021, as the same may be amended from time to time (the “TIF Development Agreement”), by and between the HRA and Owner. Provided that the Owner has submitted evidence (pursuant to Section 3.3 of the TIF Development Agreement) to the HRA that costs of Owner’s Site Improvement Costs (as defined in the TIF Development Agreement) have been incurred and paid by the Owner as provided in the TIF Development Agreement, the principal and interest amounts due under this TIF Note (the “TIF Note Payment Amounts”) will be payable on August 1, 2022, and on each February 1 and August 1 thereafter to and including the earlier of the date on which total principal payments equal $746,410.00 or February 1, 2048, or, if the first should not be a Business Day (as defined in the TIF Development Agreement) the next succeeding Business Day (the “Note Payment Dates”). On each Note Payment Date the HRA will pay, by check or draft mailed to the person that was the Registered Owner of this TIF Note at the close of the last Business Day preceding such Note Payment Date, the Available Tax Increments (as defined in the TIF Development Agreement) received by the HRA from the Tax Increment District (as hereinafter defined) since the preceding Note Payment Date or, in the case of the first Note Payment Date, prior to such first Note Payment Date, as provided in the TIF Development Agreement. All payments shall be first applied to interest accrued on the TIF Note and then to the unpaid principal of the TIF Note. The HRA shall not be required to make any payments on the Note subsequent to the date on which total principal payments equal $746,410.00 or February 1, 2048, whichever is earlier, and any balance of principal and interest remaining unpaid subsequent thereto shall be deemed forgiven by the Owner. In no event shall the total principal paid under this Note exceed the amount of $746,410.00. The TIF Note shall bear simple non-compounding interest from the date of issuance of the TIF Note, at 4.82% per annum. Interest shall be computed on the basis of a 360 day year consisting of twelve (12) 30-day months. The TIF Note Payment Amounts due hereon shall be payable solely from the Available Tax Increments. This TIF Note shall terminate and be of no further force and effect following the last Note Payment Date, or any date upon which the HRA shall have cancelled and rescinded the TIF Development Agreement pursuant to Section 4.2 thereof, or on the date that all principal and interest has been paid in full, whichever occurs earliest. The HRA makes no representation or covenant, express or implied, that the Available Tax Increments will be sufficient to pay, in whole or in part, the amounts which are or may become due and payable hereunder. The HRA’s payment obligations hereunder shall be further conditioned on the fact that no Event of Default under the TIF Development Agreement (and the passing of any applicable cure periods) has occurred and is continuing at the time payment is otherwise due hereunder, but such unpaid amounts shall become payable if said Event of Default is thereafter cured; and, further, if pursuant to the occurrence of an Event of Default under the TIF Development Agreement the HRA elects to cancel and rescind the TIF Development Agreement, the HRA shall have no further debt or obligation under this TIF Note whatsoever. Reference is hereby made to all of the provisions of the TIF Development Agreement, including without limitation Section 3.3 thereof, for a fuller statement of the rights and obligations of the HRA to pay the principal of and interest on this TIF Note, and said provisions are hereby incorporated into this TIF Note as though set out in full herein; provided, if there is any conflict between the terms of the TIF Development Agreement and the terms of this TIF Note, the terms of this TIF Note shall be controlling. This TIF Note is a special, limited revenue obligation and not a general obligation of the HRA and is payable by the HRA only from the sources and subject to the qualifications stated or referenced herein. This Note is not a general obligation of the Housing and Redevelopment HRA in and for the City of Eden Prairie, Minnesota, and neither the full faith and credit nor the taxing powers of the City are pledged to the payment of the principal of and interest on this TIF Note and no property or other asset of the HRA, save and except the above-referenced Available Tax Increments, is or shall be a source of payment of the HRA’s obligations hereunder. This TIF Note is issued by the HRA in aid of financing a project pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Sections 469.174 through 469.1799. This TIF Note may be assigned only with the consent of the HRA, which consent must not be unreasonably withheld or delayed. In order to assign the TIF Note, the assignee shall surrender the same to the HRA either in exchange for a new fully registered note or for transfer of this TIF Note on the registration records for the TIF Note maintained by the HRA. Each permitted assignee shall take this TIF Note subject to the foregoing conditions and subject to all provisions stated or referenced herein. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions, and things required by the Constitution and laws of the State of Minnesota to be done, to have happened, and to be performed precedent to and in the issuance of this TIF Note have been done, have happened, and have been performed in regular and due form, time, and manner as required by law; and that this TIF Note, together with all other indebtedness of the HRA outstanding on the date hereof and on the date of its actual issuance and delivery, does not cause the indebtedness of the HRA to exceed any constitutional or statutory limitation thereon. IN WITNESS WHEREOF, the Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota, by its Board of Commissioners, has caused this TIF Note to be executed by the manual signatures of its Chair and Executive Director and has caused this Note to be issued on and dated as of ________________, 20__. _______________________________ Executive Director _______________________________ Chair DO NOT EXECUTE UNTIL THE CONSTRUCTION OR THE IMPROVEMENTS HAVE BEEN COMPLETED AND PAID INVOICES FOR LAND ACQUISITION AND SITE IMPROVEMENTS ARE GIVEN TO THE HRA – REFER TO SECTION 3.3(1). CERTIFICATION OF REGISTRATION It is hereby certified that the foregoing Note, as originally issued on __________, 20__, was on said date registered in the name of CB Eden Prairie Housing Limited Partnership, a Minnesota limited partnership, and that, at the request of the Registered Owner of this TIF Note, the undersigned has this day registered the TIF Note in the name of such Registered owner, as indicated in the registration blank below, on the books kept by the undersigned for such purposes. NAME AND ADDRESS OF REGISTERED OWNER DATE OF REGISTRATION SIGNATURE OF SECRETARY CB Eden Prairie Housing Limited Partnership __________, 20___ _______________________ CITY COUNCIL AGENDA SECTION: Proclamations / Presentations DATE: December 7, 2021 DEPARTMENT/DIVISION: Parks and Recreation Jay Lotthammer ITEM DESCRIPTION: Donation from the Friends of Birch Island Woods to be used for Improvements within the Birch Island Woods Conservation Area ITEM NO.: IV.A. Requested Action Move to: Adopt Resolution accepting the donation from the Friends of Birch Island Woods to be used for Improvements within the Birch Island Woods Conservation Area Synopsis Terry Picha and Cheryl Tschida will present to the council the history and efforts of the Friends of Birch Island Woods along with the intent to donate their remaining funds to the City of Eden Prairie to be used for improvements within the Birch Island Woods Conservation Area. Initial improvements include additional trees and an interpretive sign highlighting the history of the property and efforts taken to protect, restore and improve the landscape. Background The Birch Island Woods Conservation Area was created as a result of a grass roots campaign that engaged the community, government agencies, landowners and voters to protect and care for 36 acres of a 41-acre sanctuary of trees and wetlands. 32 acres were acquired from Hennepin County in December 2001 and an additional 4 acres of an old farm were added in March 2007. Friends of Birch Island Woods (FBIW) began in 1998 as a handful of Eden Prairie and Minnetonka residents who wanted to keep the woods a natural sanctuary. Along the way, they saw the need to actively care for the area and began sponsoring tours and partnering with the City of Eden Prairie on litter pickups, buckthorn and garlic mustard pulls and habitat restoration projects. FBIW also prompted the Nine Mile Creek Watershed District initiative to restore the levels of Birch Island Lake. As the smallest of Eden Prairie’s 26 conservation areas, Birch Island Woods is vulnerable to misuse. Over the years, FBIW has inspired other organizations such as scout, school, church and neighborhood groups to care for the sanctuary. Volunteers have removed buckthorn and garlic mustard, helped restore native woodland plants, pick up litter and staff the FBIW exhibit at events and annual plant sale. Friends of Birch Island Woods is a 501(c)(3) non-profit organization that has relied on grants, donations and fundraising events such as the Birch Island Woods Plant Sale to fund its projects. The group is looking to sunset the official organization and donate its remaining funds to the City of Eden Prairie to be used for Improvements within the Birch Island Woods Conservation Area. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2021-___ RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City of the remaining funds to be used towards the Birch Island Woods Conservation Area from the Friends of Birch Island Woods 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 December, 2021. ___________________________ Ronald A. Case, Mayor ATTEST: ___________________________ Nicole Tingley, City Clerk UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, NOVEMBER 16, 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 Julie Klima, Parks and Recreation Director Jay Lotthammer, Administrative Services/HR Director Alecia Rose, Communications Manager Joyce Lorenz, City Attorney Dan Gregerson, and Recorder Katie O’Connor Workshop - Heritage Rooms I and II (5:30) I. BUDGET ENTERPRISE FUNDS Council Members Narayanan and Nelson were not in attendance. Tammy Wilson, Finance Manager, presented a review of the goals, utility system rate structure, and the 2022-23 budgets. The history of the conservation rate approach began in 2010. Prior to 2010, the City charged a flat rate. In 2010 the City conducted its first utility rate structure survey. Based off the survey, the City adopted a five tier rate structure in 2011. After conducting an updated study the City did some modifications in 2014 to the tiers to further promote conservation. In 2017, there was an additional rate study and an updated financial plan for utilities addressing conservation impacts and the continued conservation approach. Case inquired if the conservation approach is working and the City is seeing results. Wilson replied yes and there will be further information in the presentation. Wilson reviewed the history of the rate ranges. In 2014 there was a recommendation to promote conservation within the pricing and tiers. The pricing of tier one from 2013 to 2014 remained the same but there was a reduction of gallons from 36,000 to 24,000. In the winter the average consumption was between 14,000-15,000 gallons. Tier two was reduced from 48,000 to 40,000 gallons, and there was a reduction in price from $2.90 to $2.50. In 2018 there were conversations to promote more conservation, and the average consumption in the winter had decreased to 12,000 gallons. Case inquired what percentage of households exceed 61,000 gallons in the summer months. Wilson replied there will be more details further in the presentation. Toomey inquired what the average summer consumption is. Wilson stated in 2020 the average consumption annually was about 18,000 gallons. There will be further details provided on summer consumption. Ellis added about ten years ago the average daily use was 126 gallons per City Council Workshop Minutes November 16, 2021 Page 2 resident per day. Last year’s usage was about 70 gallons per resident per day. The conservation rate structure and technology have contributed to these decreases. Case added it would be beneficial to analyze the data more and attach more specific causation. Wilson stated after further studies, the City moved to a four tier system in 2018 to be comparable to other cities. Case inquired if the amount of gallons is similar per tier in other cities. Ellis replied it varies. The water you need to live is provided at very affordable rates. Once you get to tier four the rates are a little higher in comparison. Case inquired if the rates are available for other cities. Ellis stated sometimes the data is misrepresented a little from city to city as there is a tremendous amount of pressure on suburb cities with larger lot sizes to reduce their water usage. Wilson stated in the winter quarters 91 percent of customers fall into tier one, 9 percent in tier two, one percent in tier three, and less than one percent reach tier four. In the spring quarters 86 percent are tier one, 14 percent tier two, two percent tier three, and still less than one percent in tier four. In summer quarters 57 percent are in tier one, 23 percent tier two, ten percent tier three, and ten percent tier four. In the fall quarters 67 percent are tier one, 20 percent tier two, eight percent tier three, and six percent tier four. In the summer about 1,500 residential homes were tier four. Every year AE2S does a study of the rates of cities. In 2021, Eden Prairie was considered in the lowest half of cities for rates including water, wastewater, and stormwater. Ellis added comparing water alone, the City ranks 13th lowest of 27 cities. Wilson stated for 2022-23 Staff are proposing a rate increase of three percent across all user services. The City still anticipates being in the lower half of pricing compared to other cities. Case clarified if this is due to infrastructure updates. Ellis noted it is because of the ongoing capital. Wilson stated the average utility bill based on rates for 2022 would see an increase of about five dollars per quarter. In 2023 the average utility bill would again increase about five dollar per quarter. Case clarified if utility bills are still sent out to empty lots due to stormwater usage. Ellis responded yes there is a stormwater charge to retain infrastructure for run off, treatment, and managing of stormwater. Wilson stated the utility rates study is utilized to project the budgets. In the 2020 study, there was a projection for 7.1 million dollars for water flow based off consumption. The actual was 6.9 million dollars. The base fee was budgeted at 2.1 million, and the actual was on budget. For wastewater the budgeted was 5.1 million dollars and the actual was 4.8 million dollars, about 94 percent of the budget. Case noted in 2021 Staff are anticipating higher revenues for both. Ellis replied yes. For a number of years sales and revenue have been low, but with the increase in water sales it is paying for the delayed infrastructure such as the ground storage reservoir and a new well. Without the dry summers the City would not have built a new well, but it is necessary for the dry years. There are less water restrictions due to having this City Council Workshop Minutes November 16, 2021 Page 3 infrastructure in place. Toomey added water consumption is also going up due to people being home more often. She inquired if there has ever been a year water rates have not increased. Ellis replied no. At a minimum rates have gone up the cost of inflation. Wilson presented on water use comparing drier years in 2012, 2020, and 2021. Usage is overall lower in 2021 due to conservation. Every year there has been a decrease in the water pumps. Precipitation and temperature over the last ten years has led to changes in usage. In regard to the 2022-23 water budget, there is a three percent increase in the operating revenues. There is a decrease in the non-operating revenues due to not anticipating any water access charges. There is an increase in the supplies budget primarily due to the increase in cost of chemicals. Contractual services were decreased to be closer to the actual. The increase in 2023 is due to the new meter change out program. There will be a monthly cellular fee associated. The increase in user charges and a decrease in capital under $25,000 is due to no longer budgeting for fleet initially. Fleet will do a user charge back to the fund going forward. The non-operating expenses increase is due to the interest on debts for projects such as the ground storage reservoir and meter change out. Without factoring in depreciation, there is a change in net assets at an increase of $2.6 million and $2.3 million. In regard to the wastewater fund, there is a decrease in the non-operating revenues due to no anticipated sewer access charges (SAC). Contractual services were decreased again to be closer to actual results. Not factoring in depreciation, the change in net assets is an increase of $1.3 million dollars and $1.6 million dollars. The largest charge in contractual services is the monthly wastewater charge, and there was a decrease in 2020 and 2021. There is an anticipated increase in 2022 at 2.7 percent. In regard to the stormwater fund, there will be no non-operating expenses going forward because the Burr Ridge project loan from the capital improvement plan (CIP) was paid off. Case inquired if every vehicle is assigned a number of years associated with depreciation. Wilson responded yes. Wilson stated the change in net assets would be an increase of $1.6 million dollars and $1.5 million dollars. The fund balance policy is to have 90 days of operating expenses, the following years debt service payment, and two years of capital expenses. At the end of 2020, all the utility funds had cash reserve balances that met the policy. Some of the projects have been moved sooner rather than later due to the availability of funds. For example, the commercial meter replacement has been moved up and the Burr Ridge project was paid off early. Case inquired what the project was for Flying Cloud Drive and Eden Prairie Road utility cost transfer of $490,000. Ellis clarified now with the project being completed this is a transfer to the account for the completion of the project for water and sewer services. Jaime Urbina, Liquor Operation Manager, provided the history of the liquor stores established between 1977 and 1992, strategically placed next to all the large grocery retailers. Case added the only location we own is off Den Road, and we have leases with the others. Urbina replied yes, we have long term leases through 2028 and 2030. City Council Workshop Minutes November 16, 2021 Page 4 Urbina stated the goals of the operation is to control alcohol sold in the City; maximize profit to support the CIP; provide exceptional customer service, selection, convenience, and innovation; and engage in the community through Eden Prairie Rotary, Eden Prairie Foundation, parks and recreation events, and People Reaching out to People (PROP). In 2020 there were record sales. In 2021, average sales are still up over 2020 year-to-date by 1.3 percent. There has been an overall increase in customer count. The year-to-date average sales per customer are up 15.3 percent from 2019. Toomey inquired if pricing has gone up as well. Urbina stated prices have gone up, but the profit percentage has still increased. Case inquired how the municipal profit compares to Total Wine. Urbina responded information about private retailers is unknown since the data is not readily available. In comparison to other municipal retailers, the City is doing better by at least 2 to 3 percent in profit margin. Urbina stated current priorities are customer service with retention and loyalty. They continue to have employee development. There has been an increase in communications through electronic marketing, social media, and e-commerce. Delivery is slated to begin in 2022. Events have returned in 2021. Toomey inquired if delivery will be to homes in a City vehicle. Urbina replied yes, the hope is to capture more people with this service and expand who the stores serve. Freiberg inquired who the delivery market will be capturing and if this will be free of charge. Urbina responded delivery could potentially capture a larger area of people further from stores, and it will be free with a $50 purchase. Case inquired if drivers will be accepting tips. Urbina responded there will be no tips due to the issues it would create for City employees. Urbina stated some of the events they continue to focus on are Sip and Learns in store; wine club events; in -store walk around events; community events such as Arts in the Park, Music in the Park, and Prairie Brewfest; PROP Partnership events such as Happy Hour for Hunger events and the annual dollar drive. Last year there was a record number for the annual dollar drive. In regard to the 2022-2023 budget, there’s a proposed sales increase of three percent for 2022 and 3.9 percent for 2023. Cost of sales are projected to increase 1.4 percent and 3.8 percent. Expenses there is an increase of 5.3 percent and 3.7 percent. Operating income would be an increase of 13 percent and 5.5 percent. Case inquired if salaries for liquor store employees are under this budget or the general fund. Jaime replied they are under the separated under operating expenses for the liquor budget. Toomey inquired if there are issues with securing and keeping inventory. Urbina replied this has been a continuous struggle due to the glass bottle shortage. Urbina stated the net change of assets for 2022 is 12.6 percent and 5.3 percent in 2023. The budget includes personal services at $1.3 million dollars factoring in salaries. Contractual services includes advertising, insurance, and other expenses. Building rent includes the updated leases. Bank and credit card fees, at $272 million dollars, always increases with the City Council Workshop Minutes November 16, 2021 Page 5 number of sales. Utilities is around $80,000. User charges is around $166,000 and includes property insurance and information technology and facility charges. Other, at $218,000, includes annual cameras and other operating supplies. In regard to the Customer Service Satisfaction Survey, there was a 19 percent decrease in the survey respondents who felt the prices at Eden Prairie Liquor were too high. Survey respondents felt prices were about average. Survey respondents were asked when choosing liquor to shop how important are the following factors: selection, pricing, convenience, location, and customer service. Selection was one of the most important factors and customer service was second. Respondents were asked two questions regarding delivery, and the respondents’ responses to wanting delivery increased. Freiberg acknowledged a job well done by Staff. Getschow added other cities may have higher sales, but our profit margins are better because operating expenses are also kept low. Open Podium - Council Chamber (6:30) II. OPEN PODIUM A. WENDI RUSSO – TIERED WATER PRICING AND BILLS Wendi Russo, 15412 Stanburry Curve, stated she would like to discuss the City’s tiered water pricing. She has done research in comparing neighboring cities tiered water rates: Chaska, Chanhassen, Victoria, Minnetonka, Shakopee, and Edina. Eden Prairie’s tier four pricing is higher than those cities. Although Minnetonka’s tier four is higher it begins at 70,000 gallons versus 60,000. She would like the City to reconsider the tier four pricing. She had a shocking bill last summer and this summer. Another problem is the time between billing as an issue may not be discovered until after a large bill is issued four to five months later. Case asked Robert Ellis, Public Works Director to respond. Ellis stated with the older model of meters it is more of a manual process to track bills. If a leak is suspected, the City tries to reach out to those residents. With the new meters being installed over the next few years, residents can see their daily and hourly water use. With the Ion Water application residents with newly installed meters, like Mrs. Russo, can now select when and how they would like to be notified after a certain amount of usage. In 2021, the City has seen much more usage from residents due to a dry year. 2012 and 2013 would be comparable years for usage in a dry year. Staff have been proactive in reaching out to residents who have noticed higher water bills. In comparison to other cities such as Bloomington, Prior Lake, Shoreview, and Robbinsdale, Eden Prairie’s tier four water pricing is lower or comparable. The City is higher than average for pricing of the highest tier, but this is to encourage water conservation and drive water usage down as Eden Prairie has been known as a city with an excessive amount of water usage per capita in the summer. Case added above 60,000 gallons of usage is charged at the tier four rate. The City’s pricing is lower for tier one and two. The rate structure is meant to support City Council Workshop Minutes November 16, 2021 Page 6 both the infrastructure needed to provide water and encourage water conservation. It would be beneficial to have the Sustainability Commission review the rates, as they do annually, to see if the City is comparable for pricing and to continue to review where we would like to be philosophically to continue to encourage water conservation. Russo added there are outliers who do believe in water conservation but have ended up with higher bills due to a potential leak or problem. III. ADJOURNMENT UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, NOVEMBER 16, 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, Parks and Recreation Director Jay Lotthammer, Police Chief Matt Sackett, Fire Chief Scott Gerber, and City Attorney Dan Gregerson. I. CALL THE MEETING TO ORDER Mayor Case called the meeting to order at 7:00 PM. Council Member Narayanan was absent from this evening’s meeting. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS / PRESENTATIONS A. 2021 SUSTAINABLE EDEN PRAIRIE AWARDS Getschow explained the last few years, Eden Prairie has presented sustainability awards in different categories. He noted the attendance of Sustainability Coordinator Jennifer Hassebroek and members of the Sustainability Commission, including student members, to present these awards. Hassebroek stated these awards recognize residents and businesses who have made a significant contribution to the overall sustainability of the community in primary focus areas of energy, landscape, waste, and water. Nominees must be a resident or business and this is the fifth year of this award program. Hassebroek explained the nominations were reviewed and winners selected by Staff and Sustainability Commission members. Student Commissioners Anna Maristela and Aloi Rajasekaran introduced themselves and presented the 2021 Sustainable Award for Waste to Pizza Karma, which uses compostable plates, utensils and trays made from palm tree leaves and cups made of a corn byproduct. In addition, chairs are made from CITY COUNCIL MINUTES November 16, 2021 Page 2 recycled plastic bottles. They also described innovative hand washing machines which reduce water use and a beer tap system which reduces wasted product. Representatives of Pizza Karma accepted the award followed by a round of applause. Student Commissioner Amoligha Timma introduced herself and presented the 2021 Sustainable Award for Landscape to Preserve Association, a repeat winner in this category, for installing an additional one and a half acres of native plantings, converting 20,000 square feet into no/low mow grasses, planting 100 seedling trees to replace trees lost to disease and storms, and using goats to remove buckthorn. Representatives of Preserve Association accepted the award followed by a round of applause. Student Commissioners Angie Stukenborg and Julia Harris introduced themselves and presented the 2021 Sustainable Award for Energy to Mark Weber for installation of solar panels on the roof of his home and becoming Board Chair of the Minnesota Renewable Energy Society, which hosts an annual solar boat regatta on Lake Riley and provides educational speakers. In addition, Mr. Weber has exhibited at the State fair and shares his love for solar energy with community groups. Mr. Weber was accepted the award followed by a round of applause. Mr. Weber thanked Eden Prairie and its Parks Department for allowing the use of Riley Lake for the solar boat regatta. He acknowledged the City’s help with this event, noting the Optimist Club of Eden Prairie and Let’s Go Fishing are partners. He stated he hopes the Fire Department returns as a member and the City enters a boat in the May 21, 2022, regatta. Student Commissioner Muthu Meenakshisundaram introduced himself and presented the 2021 Sustainable Eden Prairie Award for Water to Scheels Eden Prairie, noting it is a large building and includes a rain harvesting system which collects up to 1.2 million gallons of water every year, storing it in four 13,000-gallon storage tanks for treatment, onsite irrigation, and toilet flushing. He explained this system saves the City 40 percent of the water Scheels would use because it can power 60 percent of yearly water use through this system. Commissioner Meenakshisundaram explained this award had been presented to Scheels yesterday as representatives couldn’t attend tonight’s meeting, which was followed by a round of applause. Hassebroek congratulated all award winners, thanked Sustainability Commissioners for their support, and Student Commissioners for making the presentations. CITY COUNCIL MINUTES November 16, 2021 Page 3 Case extended the City’s thanks to the Sustainability Commissioners for their advice. B. HENNEPIN COUNTY SHERIFF DAVID HUTCHINSON Case welcomed Hennepin County Sheriff David Hutchinson and extended the City’s appreciation for his work on behalf of Eden Prairie. Sheriff Hutchinson acknowledged Police Chief Sackett for his well-run organization and stated his respect for Eden Prairie Police Officers, who are recognized nationally. Sheriff Hutchinson thanked Sergeant Robbie Johnston for taking him to visit the Senior Center with and shout out to his friend, former Police Chief Weber. He stated Chief Sackett is well known throughout the metro area as being a great Police Chief with a good organization, elected officials, and Staff, which is a Godsend to those in law enforcement. Sheriff Hutchinson reported on the turmoil over the last year after the killing of Mr. Floyd and other issues in Brooklyn Center, noting his agency had never been tested in this way before. He described his department’s help to the City of Minneapolis while his department’s service level to suburb agencies remained constant due to the brave uniformed men and women who carried on their duties while taking on overtime to police streets and, hopefully, get carjacking under control. Sheriff Hutchinson stated the County’s collaboration with Eden Prairie is second to none, as evident in the City low crime numbers. He described the types of requests for service received from Eden Prairie in 2021 and acknowledged the support also of inhouse staff who do a great job. Sheriff Hutchinson stated Eden Prairie also participates in the Southwest Collaborative and Task Force which is working around the clock to get violent offenders off the street. He added he supports giving second chances and if someone comes to jail with low level crimes, an addiction, or mental health crisis, and his department works hard to get those people into appropriate care facilities. But people who commit violent crimes over and over again, such as carjacking at gunpoint, a gun crime, shootings, need to be incarcerated and held accountable, which takes the cooperation of the judicial system and elected officials. Sheriff Hutchinson reported the County voted to support funding for expansion of the Maple Grove North Metro Training Facility. He described this state-of- the-art facility’s capabilities and stated the training focuses on de-escalation, crisis intervention, and to train out the explicit bias we all have. CITY COUNCIL MINUTES November 16, 2021 Page 4 Sheriff Hutchinson stated he is a second-generation law enforcement officer. He acknowledged his profession has gone through a lot and due to the exodus of officers, it was time to evolve, which extra training and education will do. Sheriff Hutchinson noted without education, training, proper funding, and the support of elected officials and the community, officers are rendered useless, as seen in the City of Minneapolis, Sheriff Hutchinson described the Hope Program, mimicked after a program in Flint, Michigan, which offers the opportunity to learn while in jail including vocational training and high school diplomas. Sheriff Hutchinson stated his department offers residential door stickers to identify whether there are mental health, Autism, Alzheimer’s, or other medical conditions to alert first responders prior to entering and whether to call a health professional. This program was another example of how the profession is evolving and acknowledges that while officers do a lot of things great, they can’t do everything and enlisting mental health professionals will make them even better. Sheriff Hutchinson reported Deterra bags are available from his department for use in disposing of unused medications, which also helps reduce the opioid epidemic. In addition, virtual and in-person training classes are offered on the use of Narcan. Sheriff Hutchinson described deputy’s work during the Chauvin trial, policing other communities, Lake Minnetonka incidents, forced overtime, and trauma seen every single day, which results in immense pressure. To address deputy well-being, mind, body, and spirit, he started Try Wellness and would be adding a financial component. Sheriff Hutchinson stated it is his duty to make sure the men and women who protect us have the care they need and being well taken care of will result in better outcomes for all. Sheriff Hutchinson commented on the failed vote in Minneapolis to defund its police department, noting he also respects the 44 percent who voted to defund and officers will have to work hard to get back their trust. He stated the people of Minneapolis, a progressive city, have spoken and 56 percent said they need the police. Sheriff Hutchinson acknowledged the need to fix relationships with everybody and especially people of color and diverse populations who need to be treated better. He noted law enforcement is needed because they are the peace keepers and what separates normal people from evil. Sheriff Hutchinson acknowledged when cops do dumb things, they need to be fired and sent to jail if a criminal violation but good cops are serving every single day, working holidays, deserve our respect, fair compensation, and to be taken care of. He stated our peace keepers need to be number one in our society’s prerogative. CITY COUNCIL MINUTES November 16, 2021 Page 5 Sheriff Hutchinson stated he loves this profession, thinks there is no greater profession, and while they have been on their knees the last couple of years, they are slowly getting up and nothing will stop them from protecting the people they serve. Case thanked Sheriff Hutchinson, noting the Sheriff is a relationship person which he appreciated in his interactions with Sheriff Hutchinson. Case pointed out based on statistical data, Eden Prairie is a safe community, which he wants residents to know as it may not always feel like that. Case acknowledged recent criminal events and stated social media has spread knowledge of these events. He reported a meeting would be held with Eden Prairie, Edina, Minnetonka, Bloomington, and Plymouth mayors, city managers, and chiefs of police to talk about issues being faced. He asked what role can the County play to unify cities to combat this activity Sheriff Hutchinson stated if asked, the County crime lab investigates crimes and deputies can do directive patrol. He noted there has been talk of police reform for several years but nothing happens at the capitol because it might sound too aggressive. It is his hope people learn well-funded, well-managed police departments and public service agencies reduce crime. He commented on the increasing crime trend and stated the root cause needs to be addressed because people who repeatedly commit violent crimes need to be incarcerated. He suggested it is time to now talk about criminal justice reform and evolution because the court process in Hennepin County also needs some work, people need to be held accountable when mistakes are made, as happens with those in his profession. He explained if this isn’t addressed, people will take advantage as seen after the collapse of the Minneapolis Police Department. Sheriff Hutchinson stated this is why programs like Hope are important and to get people with mental health and addiction issues out of jail and into services to help them. Nelson stated the Council is proud all of the City’s police officers are also EMTs and can also respond from that standpoint. She stated this has been successful and she wished other departments would do the same. Sheriff Hutchinson agreed and commented on improved public perception when officers are seen offering assistance until the paramedics or fire fighters arrive. He noted often times, larger communities are thin on funding so the argument against additional EMT training might be one of cost. Case stated his appreciation for Toomey who leads the City’s Crime Prevention Fund. Toomey stated the City is looking forward to having a full-time social worker with its Police Department, a proactive action given this current climate. Also, the City’s Police Department provides Deterra bags at no cost. CITY COUNCIL MINUTES November 16, 2021 Page 6 Sheriff Hutchinson commented on the benefits of having a social worker because they have access to data bases the Police Department cannot access. He explained if someone is suicidal or has depression issues, social worker response has a better outcome but it has to be a joint response and teamwork with a police officer. Sheriff Hutchinson stated he is asking for the addition of social workers in every city so an officer never has to use force on such calls. Case clarified Eden Prairie has never intended for its social workers to be the first line of response and once the situation is stabilized, then the social worker and support Staff would respond. Toomey agreed social workers would handle follow up and free officer’s time. Freiberg thanked Sheriff Hutchinson for his presentation and commented on concern from residents about expanded crime when light rail transit (LRT) comes to Eden Prairie as it will be at the end of the line. He asked whether the Sheriff’s Department is actively involved and part of the discussions with the Met Council, Hennepin County Board, or various police departments about LRT security risks and how to be proactive. Sheriff Hutchinson stated the County Board does a good job briefing him about those issues, noting before serving as Sheriff, he was a Sergeant for the Transit Police and knows about LRT. He explained crime is a concern with transit centers but should there be an issue, the Transit Police will assist Eden Prairie. Case noted data on the LRT lines since the late 1990s shows crime mirrors the neighborhoods the train travels through. He agreed with the importance of being proactive but noted there need not be needless fear. He pointed out there has been bus service every night from Minneapolis for the last 27-28 years which terminates in Eden Prairie and to his knowledge, never been someone getting off the bus and committing a crime. Case stated he wants LRT to be the positive amenity all hope for as resident in their 20s are looking for it. Case again thanked Sheriff Hutchinson for his work and asked him to extend the Council’s appreciation to his staff as well. C. SMALL BUSINESS SATURDAY PROCLAMATION Case read in full a proclamation declaring November 27, 2021, as Small Business Saturday. D. ACCEPT DONATION OF SMALL KILN AND CLAY MOLDS BY DIANE AND GREG BROWN TO EDEN PRAIRIE ART CENTER (Resolution No. 2021-84) Lotthammer explained this item is to accept a donation from Diane and Greg CITY COUNCIL MINUTES November 16, 2021 Page 7 Brown of a kiln and clay molds, valued at $1,000, to the Art Center. MOTION: Nelson moved, seconded by Freiberg, to adopt Resolution No. 2021-84 accepting donation of small kiln and clay molds by Diane and Greg Brown to the Eden Prairie Art Center. Motion carried 4-0. E. ACCEPT DONATION OF $750 FROM EDEN PRAIRIE CRIME PREVENTION FUND TOWARD HARVEST TO HALLOWEEN EVENT (Resolution No. 2021-85) Lotthammer explained Eden Prairie Crime Prevention Fund donated $750 towards the Harvest to Halloween event, which helps all of our City Departments serve residents. He reported there was a large turnout, about 3,500 residents, who attended this event at historical Lake Riley. Case agreed there was an amazing turnout and included some from outside of Eden Prairie. MOTION: Toomey moved, seconded by Nelson, to adopt Resolution No. 2021-85 accepting the donation of $750 from the Eden Prairie Crime Prevention Fund toward the Harvest to Halloween event. Motion carried 4-0. F. ACCEPT DONATION OF $250 FROM BENEDICTINE SENIOR LIVING TOWARDS SENIOR CENTER FALL PUMPKIN BINGO (Resolution No. 2021-86) Lotthammer explained this item is a donation of $250 from Benedictine Senior Living towards the Senior Center’s fall pumpkin bingo. MOTION: Toomey moved, seconded by Freiberg, to adopt Resolution No. 2021-86 accepting the donations in the amount of $250 from Benedictine Senior Living towards the Senior Center Fall Pumpkin Bingo. Motion carried 4-0. G. ACCEPT DONATION OF $200 FROM SUMMIT PLACE TOWARDS SENIOR CENTER HOLIDAY LUNCH (Resolution No. 2021-87) Lotthammer explained this $200 donation is from Summit Place to the Senior Center for its holiday lunch. He commented on the impact of donations to the Senior Center to defray costs, make events more affordable, and enhance the quality of the experience. Lotthammer stated the City has a frequent partnership with Summit Place and this is not the only time they have contributed. Case underscored those comments, noting all donations received extend the City’s tax dollar and are appreciated. CITY COUNCIL MINUTES November 16, 2021 Page 8 MOTION: Freiberg moved, seconded by Nelson, to adopt Resolution No. 2021-87 accepting the donation in the amount of $200 from Summit Place to go towards the Senior Center Holiday Lunch. Motion carried 4-0. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Toomey moved, seconded by Nelson, to approve the agenda as published. Motion carried 4-0. VI. MINUTES H. COUNCIL WORKSHOP HELD TUESDAY, OCTOBER 26, 2021 I. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 26, 2021 MOTION: Toomey moved, seconded by Freiberg, to approve the minutes of the Council workshop held Tuesday, October 26, 2021, and the City Council meeting held Tuesday, October 26, 2021, as published. Motion carried 4-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR MOTION: Nelson moved, seconded by Freiberg, to approve items A-N on the Consent Calendar. Motion carried 4-0. A. CLERK’S LICENSE LIST B. FLYING CLOUD COMMONS GROCERY STORE by Oppidan Investment Company. Second Reading of Ordinance for Planned Unit Development District Review with Waivers on 5.13 acres; Resolution for Site Plan Review on 5.13 acres (Ordinance No. 14-2021-PUD-8-2021 for PUD District Review, Resolution No. 2021-88 for Site Plan Review, Development Agreement) C. ADOPT RESOLUTION NO. 2021-89 APPROVING FINAL PLAT FOR CASTLE RIDGE 5TH ADDITION D. AWARD CONTRACT TO GARDNER BUILDERS FOR SENIOR CENTER UPPER-LEVEL REMODEL E. AUTHORIZE AGREEMENT WITH RES PYRO FOR JULY 4TH FIREWORKS DISPLAY F. APPROVE PURCHASING CONTRACT WITH LIFE FITNESS FOR THIRTEEN TREADMILLS AT COMMUNITY CENTER CITY COUNCIL MINUTES November 16, 2021 Page 9 G. APPROVE AGREEMENT WITH HENNEPIN COUNTY HUMAN SERVICES AND PUBLIC HEALTH DEPARTMENT FOR ON-SITE FULL TIME SENIOR SOCIAL WORKER AT EDEN PRAIRIE POLICE DEPARTMENT H. DECLARE OBSOLETE EQUIPMENT AS SURPLUS I. APPROVE AGREEMENT WITH ADVANCED ENGINEERING & ENVIRONMENTAL SERVICES FOR WELL HOUSE #17 & TRANSMISSION MAIN PRELIMINARY DESIGN J. APPROVE AGREEMENT WITH ERICKSON ENGINEERING FOR 2022-2023 BRIDGE SAFETY INSPECTIONS K. APPROVE AGREEMENT WITH CITY OF BLOOMINGTON FOR ANIMAL IMPOUND SERVICES L. APPROVE AGREEMENT WITH VIGILANT SOLUTIONS LLC FOR LICENSE PLATE READERS M. ADOPT RESOLUTION NO. 2021-90 APPROVING CHANGE OF THIRD PREMISE ON PERMIT FOR LAWFUL GAMBLING TO BE CONDUCTED BY EDEN PRAIRIE HOCKEY ASSOCIATION N. AWARD CONTRACT TO SUNRAM CONSTRUCTION INC. FOR 11579 WELTERS WAY EROSION REPAIR IX. PUBLIC HEARINGS / MEETINGS X. PAYMENT OF CLAIMS MOTION: Toomey moved, seconded by Nelson, to approve the Payment of Claims as submitted. Motion was approved on a roll call vote, with Freiberg, Nelson, Toomey and Case voting “aye.” XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER CITY COUNCIL MINUTES November 16, 2021 Page 10 1. Resolution Relating to General Obligation Water Revenue and Refunding Bonds, Series 2021A; Authorize Issuance, Award Sale, Fixing Form and Details, Providing for Execution and Delivery Thereof and Security Therefor and Levying Ad Valorem Taxes for Payment (Resolution No. 2021-91) Getschow noted the Council received additional information related to this bond issuance which went to sale for $17 million with a huge portion for refunding current bonds, resulting in a savings of almost $2 million. It also issues bonds for the City’s project to replace every residential water meter over the next three years. Bruce Kimmel, Ehlers, Senior Financial Advisor, reported on the successful bond sale with eight bids received, noting seven were within .8 percent of each other, and even with inflation concerns were on target with presale estimates. He stated the City would achieve savings of just under $2 million, or $150,000 net savi ngs per year over the next 13 years. Mr. Kimmel presented highlights of the sale day report summary, noting the financing started at $19.4 million and due to the premium bid received from Piper Jaffrey, the bond amount was reduced by $2 million and still delivered $6 million for the water meter project and roughly $13 million for refunding. The true interest cost was 1.42 percent fixed for 15 years with the City having the ability to pay down or refinance the debt after eight years with no mandatory call feature or interest rate reset. Mr. Kimmel presented the bid tabulation, pointing out the coupon rates, face interest rates, on the bonds from 2023-2027 are in the 4 percent to 3 percent to 2 percent range but the true yields to the City when factoring in the premium is only .28 percent to 1.84 percent. He indicated the financial institutions have already been vetted and are fully accredited. Mr. Kimmel commented on the summary tables, debt service comparison, and present value savings of 12 percent, or four times the minimum threshold of 3 percent. Mr. Kimmel stated this had been the easiest rating affirmation he had been part of for a long time due to the fantastic job by City Manager Getschow, Finance Manager Wilson, and Public Works Director Ellis in preparing for the rating calls and following up on additional materials request. He described the metrics considered by Moody’s and Standard & Poor’s and reported both have confirmed Eden Prairie’s AAA bond rating. Case thanked Mr. Kimmel for the positive report and expressed the Council’s appreciation for Staff in their performance which results in CITY COUNCIL MINUTES November 16, 2021 Page 11 the City’s stability, credibility, and resident’s high quality of life. MOTION: Nelson moved, seconded by Toomey, to adopt Resolution No. 2021-291 relating to $17,360,000 General Obligation Water Revenue and Refunding Bonds, Series 2021A Authorizing the Issuance, Awarding the Sale, Fixing the Form and Details, Providing for the Execution and Delivery Thereof and the Security Therefor and Levying Ad Valorem Taxes for the Payment. Motion carried 4-0. C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Freiberg moved, seconded by Nelson, to adjourn the meeting. Motion carried 5-0. Mayor Case adjourned the meeting at 7:59 p.m. Respectfully submitted, ___________________________ Nicole Tingley, City Clerk - 1 - CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: December 7, 2021 DEPARTMENT/DIVISION: Christy Weigel, Police/ Support Unit ITEM DESCRIPTION: Clerk’s License Application List ITEM NO.: 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: February 3, 2022 On-Sale and Sunday Liquor License 2AM Closing Permit - Renewal FUN EATS AND DRINKS LLC DBA: Champps Old Chicago Taproom II, LLC DBA: Old Chicago Pizza & Taproom 2022 Renewal Licenses On-Sale Cocktail Room & Off-Sale Microdistillery Flying Dutchman Spirits LLC 6081 Flying Cloud Drive On-Sale & Sunday Taproom & Off-Sale Small Brewer Fat Pants Brewing Company LLC DBA: Fat Pants Brewing Company 8335 Crystal View Road On-Sale and Sunday Liquor American Multi-Cinema, Inc DBA: AMC Theatres Eden Prairie 18 Apple Minnesota LLC DBA: Applebee’s Neighborhood Grill & Bar Bearpath Golf & Country Club, Ltd Ptsp of MN DBA: Bearpath Golf & Country Club Bent Creek Golf Club, Inc DBA: Bent Creek Golf Club Leiserv, LLC DBA: Bowlero Eden Prairie BUCA Restaurants 2, Inc DBA: BUCA di BEPPO Compass Group USA, Inc DBA: Cafeleven Campiello, LLC DBA: Campiello FUN EATS AND DRINKS LLC DBA: Champps Crave Hospitality EP, LLC DBA: CRAVE TA, Inc DBA: Great Mandarin VIII.A. City Council Agenda [December 7, 2021] Clerk’s License Application List Page 2 2022 Renewal Licenses continued On-Sale and Sunday Liquor Summit Hotel TRS 062, LLC DBA: Hilton Garden Inn HP Eden Prairie LLC DBA: Hyatt Place Minneapolis Eden Prairie TOG Kona Sushi LLC DBA: Kona Grill Mi Pueblo Dos, LLC DBA: Mi Pueblo Mexican Restaurant Old Chicago Taproom II, LLC DBA: Old Chicago Pizza & Taproom Olympic Hills Corporation DBA: Olympic Hills Golf Club Zheng 168, Inc DBA: Osaka Pizza Luce IX, Inc DBA: Pizza Luce LTF Club Operations Company, Inc DBA: RARE Redstone American Grill, Inc DBA: Redstone American Grill Sonesta International Hotels Corp DBA: Sonesta Select Minneapolis Tavern 4 & 5 LLC DBA: Tavern 4 & 5 Wildfire Eden Prairie, LLC DBA: Wildfire Pars Food Services, Inc DBA: Woody’s Grille On-Sale Wine with Strong Beer & 3.2 Beer On-Sale Bombay Pizza Kitchen LLC DBA: Bombay Pizza Kitchen Chipotle Mexican Grill of Colorado, LLC DBA: Chipotle Mexican Grill #338 Davanni’s, Inc DBA: Davanni’s Pizza & Hot Hoagies Detello’s, Inc DBA: Detello’s Pizza & Pasta Ernie Rose Golf, LLC DBA: Ernie Rose Golf Sri Saravana LLC DBA: Godavari Indian Restaurant India Palace New Inc DBA: India Palace INDIA SPICE HOUSE LLC DBA: India Spice House AMK Research Services LLC DBA: Inside Edge Golf EDEN PRAIRIE 888 INC DBA: Kyoto Sushi Lions Tap, Inc DBA: Lions Tap Pei Wei Asian Diner, LLC DBA: Pei Wei Asian Diner Peoples Eden Prairie LLC DBA: Peoples Organic Coffee & Wine Café Naanza LLC DBA: Pizza Karma City Council Agenda [December 7, 2021] Clerk’s License Application List Page 3 2022 Renewal Licenses continued On-Sale Wine with Strong Beer & 3.2 Beer On-Sale Civitali Restaurant Corporation DBA: Punch Neapolitan Pizza Tempus Fugit LLC DBA: Red’s Savoy Pizza Scale, LLC DBA: Rhody’s Craft House & Grill Frank EP LLC DBA: Rusty Taco Smashburger Acquisition – Minneapolis LLC DBA: Smashburger Puregrace LLC DBA: Smith On-Sale Club Eden Prairie Lions Club, Inc DBA: Eden Prairie Lions Club 3.2 Beer On-Sale CSM RI Eden Prairie, LLC DBA: Residence Inn by Marriott Minneapolis Southwest 3.2 Beer Off-Sale Bobby & Steve’s Auto World Eden Prairie, LLP DBA: Bobby & Steve’s Auto World Eden Prairie Jerry’s Enterprises, Inc DBA: Cub Foods Eden Prairie D & T Eden Prairie LLC DBA: Hampton Inn Eden Prairie Jerry’s Enterprises, Inc DBA: Jerry’s Foods Eden Prairie Kowalski’s Uptown Markets, Inc. DBA: Kowalski’s Market Northern Tier Retail LLC DBA: Speedway #4159 Northern Tier Retail LLC DBA: Speedway #4269 Northern Tier Retail LLC DBA: Speedway #4441 Commercial Kennel Kingdale Kennels, Inc 6574 Flying Cloud Dr Paws LLC DBA: Paws Doggy Daycare 6340 Industrial Dr #100 PetSmart, Inc #458 DBA:PetsHotel 11200 Prairie Lakes Dr Wag ‘n Woofs, LC 7071 Shady Oak Rd City Council Agenda [December 7, 2021] Clerk’s License Application List Page 4 2022 Renewal Licenses continued Private Kennel Andrew & Cindy Costigan 9980 Dell Road Michael Kelley 8575 Big Woods Lane Reid & Jeanne Mandel 10541 East Riverview Road Frank & Lyndy Newcomb 6721 Lochanburn Road Nancy Parker 7402 Bittersweet Drive CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: December 7, 2021 DEPARTMENT/DIVISION: Community Development/Planning Julie Klima ITEM DESCRIPTION: Flying Cloud Commons First Amendment to Development Agreement ITEM NO.: VIII.B. Requested Action Move to: Approve First Amendment to Development Agreement Synopsis Flying Cloud Commons is part of the overall Castle Ridge Redevelopment Project. The Flying Cloud Commons project was previously approved on February 2, 2021 and November 16, 2021. The Development Agreements of those same dates have not yet been recorded. The developer is requesting amendment of the agreements to release the property from the original Development Agreement dated March 4, 2008 and agreement regarding Special Assessments dated May 8, 2008. A similar release was also provided for the previous two phases of the Castle Ridge Redevelopment Project. Attachment Flying Cloud Commons First Amendment to Development Agreement Requested Action Move to: Adopt the resolution designating polling places for 2022. Synopsis MN State Statute 204B.16 states by December 31 of each year, the governing body of each municipality must designate by resolution a polling place for each election precinct. The polling places designated in the resolution are the polling places for the following calendar year. In 2022, due to redistricting, precincts will need to be established or reestablished and polling places will need to be designated for those established or reestablished precincts. After the state completes its redistricting process, the City will need to take action. City staff anticipates this being brought to the City Council in March. Attachment Resolution CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: December 7, 2021 DEPARTMENT/DIVISION: Nicole Tingley Administration / City Clerk ITEM DESCRIPTION: Resolution designating polling places for 2022 ITEM NO.: VIII.B. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2021-__ A RESOLUTION ESTABLISHING POLLING PLACES BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota, that the following facilities are designated as polling places for 2022: Precinct 1 Prairie View Elementary School Precinct 11 St. Andrew Lutheran Church 17255 Peterborg Road 13600 Technology Drive Precinct 2 Eden Prairie Assembly of God Precinct 12 Eden Prairie Community Library 16591 Duck Lake Trail 565 Prairie Center Drive Precinct 3 Immanuel Lutheran Church Precinct 13 Hennepin Technical College 16515 Luther Way 13100 College View Drive Precinct 4 Life Church Precinct 14 Pax Christi Catholic Community 14100 Valley View Road 12100 Pioneer Trail Precinct 5 Prairie Hill Evangelical Free Church Precinct 15 Eden Lake Elementary School 17200 Valley View Road 12000 Anderson Lakes Parkway Precinct 6 Christ Lutheran Church Precinct 16 Pax Christi Catholic Community 16900 Main Street 12100 Pioneer Trail Precinct 7 City Hill Fellowship Precinct 17 Prairie Lutheran Church 12901 Roberts Drive 11000 Blossom Road Precinct 8 Wooddale Church Precinct 18 Prairie Community Church 6630 Shady Oak Road 9145 Eden Prairie Road Precinct 9 Victory Lutheran Church Precinct 19A Grace Church 16200 Berger Dr. 9301 Eden Prairie Road Precinct 10 Eden Prairie United Methodist Church Precinct 19B Grace Church 15050 Scenic Heights Road 9301 Eden Prairie Road ADOPTED by the Eden Prairie City Council this 7th day of December, 2021. ___________________________ Ronald A. Case, Mayor ATTEST: ___________________________ Nicole Tingley, City Clerk CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: December 7, 2021 DEPARTMENT / DIVISION: Rick Getschow City Manager, Administration ITEM DESCRIPTION: Adopt a resolution approving the decertification of Tax Increment Financing District No. 20 of the City of Eden Prairie. ITEM NO.: VIII.D. Requested Action Move to: Adopt a resolution approving the decertification of Tax Increment Financing District No. 20 of the City of Eden Prairie. Synopsis On September 5, 2006, the City of Eden Prairie created Tax Increment Financing District No. 20 and entered into a contract with Superior Eden Prairie Investment L.L.C. The District provided $728,204 of funding plus interest over the life of the district to Superior Eden Prairie Investment L.L.C for substantial redevelopment at the site. The City’s obligation is paid and the district can be decertified. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2021-__ BEING A RESOLUTION APPROVING THE DECERTIFICATION OF TAX INCREMENT FINANCING DISTRICT NO. 20 OF THE CITY OF EDEN PRAIRIE. WHEREAS, on September 5, 2006, the City of Eden Prairie (the "City") created its Tax Increment Financing District No. 20 (the "District") within its Redevelopment Project No. 6 (the "Project"); and WHEREAS, on December 31, 2021 the tax increment bonds to which tax increment from the District have been pledged was paid, and WHEREAS, all other costs of the Project have been paid; and WHEREAS, the City desires by this resolution to cause the decertification of the District after which all property taxes generated by property within the Districts will be distributed in the same manner as all other property taxes beginning 2022. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie that the City's staff shall take such action as is necessary to cause the County Auditor of Hennepin County to decertify the District as tax increment districts and to no longer remit tax increment from the District to the City. ADOPTED by the Eden Prairie City Council this 7th day of December, 2021. _____________________________ Ronald A. Case, Mayor ATTEST: _____________________________ Nicole Tingley, City Clerk (Seal) CITY COUNCIL AGENDA SECTION: Consent Agenda DATE: December 7, 2021 DEPARTMENT/DIVISION: Community Development: Julie Klima/ David Lindahl ITEM DESCRIPTION: Approve Broker Listing Agreement with Avison-Young for marketing and leasing City Center space ITEM NO.: VIII.E. Requested Action: Move to: Approve Exclusive Brokerage Listing Agreement between the City and commercial real estate firm Avison Young for leasing City Center Space. Synopsis: Staff recommends retaining Avison Young to find new tenants for spaces currently occupied by UNFI and formerly occupied by the EP School District. The listing agreement includes general terms, services, and compensation details. Background: UNFI notified the City in October 2021 that it will not renew its lease which is set to expire June 30, 2022. The Eden Prairie School District exercised an early termination lease provision with their lease term ending December 31, 2021. City staff has been marketing the school space over the last 9 months. Through a Request for Proposals (RFP) process four real estate brokerage firms submitted proposals: Cushman Wakefield, Colliers, CBRE, and Avison Young. After careful consideration staff recommends hiring the broker team of Erik Heltne and Brian Helmken from Avison Young. A commission (compensation) schedule is shown on Exhibit C of the Agreement. Attachments: Exclusive Listing Agreement EXCLUSIVE LISTING AGREEMENT AVISON YOUNG – MICHIGAN, LLC DBA AVISON YOUNG BROKERAGE AND MANAGEMENT LICENSED REAL ESTATE BROKER THIS AGREEMENT (“Agreement”) entered into this 7th day of November 2021, by and between The City of Eden Prairie ("Owner") and AY-Michigan, LLC dba AVISON YOUNG ("Broker"). In consideration of the mutual covenants contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Owner hereby employs Broker and grants to Broker the exclusive right to procure tenants for a lease of the real property described on Exhibit A attached hereto ("Property") upon the terms and conditions hereinafter set forth. 2. This Agreement shall commence on December 1, 2021. Owner or Broker may terminate this Agreement, with or without cause, at any time after December 1, 2022, by providing the other party with thirty (30) days written notice of termination. This Agreement may be terminated before December 1, 2022, by either party for cause. 3. Broker hereby accepts said grant and agrees to use its continuing and best efforts to procure tenants for the Property upon such terms and conditions as may be acceptable to Owner. If attached hereto, the minimum terms and conditions for such leases or buyers are set forth on Exhibit B. NOTICE: THE COMMISSION RATE FOR THE LEASE OF REAL PROPERTY SHALL BE DETERMINED BETWEEN EACH INDIVIDUAL BROKER AND ITS CLIENT. 4. Broker shall be paid a commission pursuant to the schedule set forth on Exhibit C, if: a. The Property is leased to a tenant, whether by Broker, Owner, or by or through anyone else prior to the expiration of this Agreement. b. Any contract for the lease of the Property, or any part thereof, is made by the Owner within ninety (90) days after the termination of this Agreement (“Override Period”), to a person or entity with whom Broker has discussed the terms and conditions of a lease to whom said Property has been shown by Broker during the terms of this Agreement in an effort to lease said Property, provided that Broker shall have submitted to the Owner within seventy-two (72) hours after the expiration of this Agreement a bona fide list of such persons or entities (“Protected Parties”). In no event shall the number of Protected Parties exceed fifteen (15). c. Notwithstanding anything else in this Agreement, Broker shall not be paid a commission if the Owner leases the Property to any of the persons or entities listed on Exhibit D. 5. If the commission is due as a result of the execution of a lease between Owner and a tenant, the commission shall be payable 50% upon execution of the lease by a tenant and by Owner, with all exhibits, work letters, floor plans, and other documents forming a part of the agreement with tenant approved in full by the Owner, as Landlord of such tenant, and where there is no existing right of cancellation or contingency that would serve to cancel or void such lease agreement; the remaining 50% of the commission will be paid upon occupancy of the demised premises by the tenant and receipt of the first month’s rent from such tenant. 6. In the event a third party ("Third Party Broker") cooperates with Broker in obtaining a tenant for which a commission is due hereunder, then the commission otherwise due hereunder shall be as set forth in Exhibit C and paid to Third Party Broker in an amount deemed appropriate to the transaction in the sole discretion of Broker. In the event a Third Party Broker brings a lease to the Property the commission shall be payable 50% upon execution of the lease by a tenant and by Owner, with all exhibits, work letters, floor plans, and other documents forming a part of the agreement with tenant approved in full by the Owner, as Landlord of such tenant, and where there is no existing right of cancellation or contingency that would serve to cancel or void such lease agreement; the remaining 50% of the commission will be paid upon occupancy of the demised premises by the tenant and receipt of the first month’s rent from such tenant. 7. Broker shall negotiate all commissions with Third Party Brokers and shall indemnify, defend and hold harmless Owner with respect to any claim in excess of the amounts payable to such Third Party Broker under paragraph 6 and Exhibit C, unless agreed to in writing by Owner. Owner hereby authorizes Broker to disburse part of the Broker's commission, which may become due and payable hereunder, to a Third Party Broker, including brokers solely representing tenants of the Property, in accordance with industry practice. Agent shall pay to any such co- broker out of the commission paid by Owner to Agent commission pursuant to a separate written agreement (“Co- Broker Agreement”) between Agent and such co-broker. 8. Broker is authorized to advertise the Property in whatever manner it reasonably deems appropriate. Broker is further authorized to place signs in and about the Property if in Broker's opinion, such would facilitate the leasing of the Property. 9. Owner agrees that during the term of this agreement it shall: a. Furnish Broker with such scale floor plans and building specifications as Broker may require in its conduct of the lease of the property; b. Furnish to Broker a building standard lease form/contract, if available; c. Establish procedures for and coordinate the taking of occupancy by tenants; d. Pay for legal services as required in the negotiation of the lease: e. Fully cooperate with Broker in effectuating the lease of the Property; f. Furnish to any tenant a copy of the most recent environmental Phase I and/or Phase II reports, if any which Owner may have with respect to the Property, if available; g. Fully disclose the location and any information Owner may have concerning any wells, septic systems and/or underground tanks on the Property; and h. Forward to Broker any inquiries of any sort received with regard to leasing of the Property. Any items supplied by Owner pursuant to this paragraph shall remain the property of the Owner and Broker shall return any items remaining in its possession to owner upon cancellation or termination of this agreement. 10. Broker agrees that it shall: a. Use its best efforts to procure tenants and assist owner (to the extent requested by Owner) in the negotiation of all lease contracts for the Property. The lease shall be at amounts of not less than the minimum terms and conditions set forth in Exhibit B, or as otherwise agreed to by Owner and all leases shall be in accordance with the form provided by Owner. Broker shall not have the right to sign any agreement to lease on behalf of Owner or to cancel or amend any lease contract on behalf of Owner. Owner shall have sole discretion in accepting or rejecting any proposed tenant, or to change its requirements. b. Advertise and market the availability of the Property by all reasonable means available, including but not limited to direct solicitation, consultation and marketing presentations, listing the Property in the relevant and customary commercial leasing circulars, mail campaigns, processing of inquiries received from any and all sources and advertising, all as Broker deems prudent. c. Co-operate with any Third Party Brokers which may be representing interested potential tenants for the Property. d. Provide Owner with reports monthly and at such other times as Owner reasonably requests in such format Owner shall reasonably request detailing the status of the marketing program. e. As provided by prospective tenants, submit all financial information to Owner. f. Perform such other duties as customarily performed by brokers/agents leasing similar properties in the Minneapolis/St. Paul metropolitan area. 11. The expenses incurred by Broker in performance of this Agreement shall be borne as follows: Any expenses incurred in marketing the property will be the responsibility of Broker. 12. OWNER WARRANTS THAT IT IS THE RECORD OWNER OF THE PROPERTY AND HAS THE LEGAL AUTHORITY TO ENTER INTO THIS AGREEMENT THROUGH THE SIGNATORIES HERETO. OWNER AGREES TO HOLD BROKER HARMLESS FROM ANY LIABILITY, DAMAGES, COSTS AND EXPENSES ARISING FROM ANY INCORRECT INFORMATION SUPPLIED BY OWNER. 13. Broker warrants that it is a duly licensed broker under the laws of Minnesota and that all agents and salespersons working for Broker in connection with the Property are also duly licensed salespersons and/or brokers under the laws of Minnesota. Broker further warrants that it has the legal authority to enter into this Agreement through the signatories hereto. Broker agrees to hold Owner harmless from any liability, damages, costs and expenses arising from any incorrect information (unless supplied by Owner) given by Broker to others with respect to the Property. 14. Any notice desired or required to be given hereunder shall be effective as of the third day after mailing postage pre-paid, certified mail, return receipt requested, or the date of actual receipt if by other means, by delivery to the address set forth below: FOR OWNER: City of Eden Prairie Attn: David Lindahl 8040 Mitchell Road Eden Prairie, MN FOR BROKER: Avison Young Attention : Tate Krosschell 800 Nicollet Mall, Suite 730 Minneapolis, MN 55402 15. This agreement shall be governed by the laws of Minnesota and shall be amended or modified only in writing signed by both parties. 16. Broker represents tenants looking for property including properties which may be similar to the Property. If a tenant represented by Broker becomes interested in the Property a dual agency will be created. This means that Broker will owe the same duties to the tenant that it owes to the Owner. Broker cannot act as dual agent unless both Owner and the tenant agree to the dual agency after it is disclosed to each of Owner and tenant. By agreeing to a possible dual agency, Owner will be giving up the right to exclusive representation in the proposed transaction; however, if Owner decides not to agree to a possible dual agency, it may be giving up the opportunity to lease to the tenants represented by Broker. Broker is not entitled to any commission due to Owner’s refusal to consent to a dual agency representation. In the event of a dual agency Broker will notify Owner in writing of any dual agency situations and obtain Owner’s written approval of the dual agency before showing the Subject Property or proposing terms and conditions of a Lease to such potential tenant. Broker agrees that any commission payable in a dual agency situation shall be treated as if no Third Party Broker is involved. 17. In the event of any dispute between Owner and Broker relating to this Agreement, the Property or Owner or Broker’s performance hereunder, Owner and Broker agree that such dispute shall be resolved by means of mediation first and then litigation. The exclusive venue for any dispute shall be Hennepin County, Minnesota. Each party shall be responsible for its own attorney’s fees and costs. 18. In the event that Owner lists the Property with another broker after the expiration or termination of this Agreement, Owner agrees to provide in the subsequent listing agreement that a commission will not be payable to the new broker with respect to transactions for which Owner remains obligated to pay a commission to Broker under paragraph 3 or 4 hereof. Owner’s failure to do so, however, shall not affect Owner’s obligation to Broker under paragraphs 3 or 4 hereof. 19. Each signatory to this Agreement represents and warrants that he or she has full authority to sign this Agreement on behalf of the party for whom he or she signs and that this Agreement binds such party. 20. This Agreement constitutes the entire agreement between Owner and Broker and supersedes all prior discussions, negotiations and agreements, whether oral or written. No amendment, alteration, cancellation or withdrawal of this Agreement shall be valid or binding unless made in writing and signed by both Owner and Broker. This Agreement shall be binding upon, and shall benefit, the heirs, successors and assignees of the parties. 21. The parties hereto agree to comply with all applicable federal, state and local laws, regulations, codes, ordinances and administrative orders having jurisdiction over the parties, property or the subject matter of this Agreement, including, but not limited to, the 1964 Civil Rights Act and all amendments thereto, the Foreign Investment in Real Property Tax Act, the Comprehensive Environmental Response Compensation and Liability Act, and The Americans With Disabilities Act. The undersigned Owner hereby acknowledges receipt of a copy of this Agreement and the Schedule. Accepted: Owner By: By: ITS: _______________________________, Agent AY-Michigan LLC, dba Avison Young ITS: CONSULT YOUR ADVISORS – This document has legal consequences. No representation or recommendation is made by Broker as to the legal or tax consequences of this Agreement or the transaction(s) which it contemplates. These are questions for your attorney and financial advisors. EXHIBIT A PROPERTY 1. Description: 8040 and 8100 Mitchell Road, Eden Prairie, MN EXHIBIT B LISTING TERMS AND CONDITIONS The terms and conditions of any Lease of the Property shall be as follows: 1. As acceptable to owner at owners’ discretion. a. Vacancy will be marketed at $12 Per RSF Net or as otherwise agreed in a specific case between Owner and Broker. EXHIBIT C COMMISSION SCHEDULE Leasing Commission with an outside broker involvement For the outside broker: $1.00 per RSF per year. Avison Young Leasing Commission $.50 per RSF Leasing Commission on direct deal with no outside broker involvement Avison Young Leasing Commission: $1.00 per RSF per year for years 1-5 and years 6+ will be $0.75 per RSF per year. Exclusions: None The above rates are subject to the following provisions. 1 Terms of Less than a year If a lease term in s less than 12 months, then the commission shall be prorated based upon the number of months included in the lease term. 2. No commission will be paid on any free rent portion of the term. Exhibit D (Owner’s contacts) 1. Agapa Christie School 2. The Works Museum 3. YMCA of the North 4. Next Step Daycare 5. Breakaway Academy CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: December 7, 2021 DEPARTMENT/DIVISION: Finance Tammy Wilson ITEM DESCRIPTION: 2021 Donations ITEM NO.: VIII.F. Requested Action Move to: Adopt Resolution accepting various donations and in-kind contributions. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2021-__ RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The donations to the City and in-kind contributions to the City from various donors is hereby recognized and accepted by the Eden Prairie City Council. Donor Event Amount Bell Bank Fire Department 1,200.00$ United Farmers Cooperative Fire Department 2,477.06 Mary Matlock Fire Department 100.00 Anonymous Fire Department 100.00 Eden Prairie Community Foundation Martin Luther King Jr Day Contest 360.00 Steven Dodge Memorial Bench 550.00 Susan McKenna Memorial Bench 550.00 Sophia Becker Memorial Bench 550.00 Ruth Hays Memorial Bench 550.00 Janet & Spencer Conrad Memorial Bench & Tree 950.00 Poppendieck Memorial Bench 550.00 Bradley & Kathleen Timm Memorial Bench 550.00 Sue Donkersgoed Memorial Bench & Tree 950.00 Kenneth Higginbotham Memorial Bench 650.00 Kristin Atkins Memorial Bench 550.00 Michelle Peltier Safety Camp 25.00 BHG Real Estate Senior Center Programs 50.00 Marlene Fischer Senior Center Programs 90.00 Edina Realty Senior Center Programs 100.00 Home Instead Senior Center Programs 200.00 The Waters of Eden Prairie Senior Center Programs 250.00 Anonymous Senior Center Programs 75.00 Recover Care Health Senior Center Programs 100.00 Sally Brown Senior Center Programs 50.00 Frank Caldwell Senior Center Programs 2.00 Gayl Smith Senior Center Programs 100.00 Benedictine Senior Living Senior Center Programs 250.00 Summit Place Senior Center Programs 200.00 Roger Walser, Carol Hoff Senior Center Programs 100.00 Cheryl Schmitz Senior Center Programs 20.00 12,249.06$ Donor Event Kowalski's Market Community Center Indoor Triathlon Prairie Bluffs Senior Living Senior Center Golf Classic In-Kind ADOPTED by the City Council of the City of Eden Prairie this 7th day of December, 2021. ___________________________ Ronald A. Case, Mayor ATTEST: ___________________________ Nicole Tingley, City Clerk CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: December 7, 2021 DEPARTMENT / DIVISION: Jonathan Stanley, Housing & Community Services Manager Julie Klima, Community Development Director ITEM DESCRIPTION: Resolution Preliminarily Authorizing Housing Revenue Bonds for two RE Equities Multifamily Housing Developments ITEM NO.: VIII.G. Requested Action Adopt a Resolution preliminarily authorizing the issuance of separate housing revenue bonds for two RE Equities Multifamily Housing Developments in an amount not to exceed $27,000,000 for a proposed 178-unit multifamily development project at 14100 Valley View Road and in an amount not to exceed $20,700,000 for a proposed 137-unit multifamily development project at on Hennepin County Tax Parcel 10-116-22-24-0044 located on the NE corner of Baker Road and St. Andrews Drive. Synopsis RE Equities, a Minnesota, a Limited Liability Company (the “Borrower”), has proposed that the City provide financial assistance through the issuance of conduit revenue bonds for two projects: (a) one in an aggregate principal amount not to exceed $27,000,000, in one or more series (the “Project # 1 Bonds”), for the purpose of loaning the proceeds thereof to the Borrower to finance the acquisition, construction, and rehabilitation of a 178-unit multifamily rental housing development, located at 14100 Valley View Road in the City (the “Project 1”); and (b) one in an aggregate principal amount not to exceed $20,700,000, in one or more series (the “Project # 2 Bonds”) (collectively sometimes referred to as the “Bonds”), for the purpose of loaning the proceeds thereof to the Borrower to finance the acquisition, construction, and rehabilitation of a 137-unit multifamily rental housing development on Hennepin County Tax Parcel 1011622240044 located on the NE corner of Baker Road and St. Andrews Drive in the City, (“Project 2”). RE Equities has a purchase agreement in place for both projects and expects to close on the properties concurrent to securing financing. Project # 1 is currently owned by Christ’s Family Church Metro and Project # 2 by Antioch Christian Fellowship. As a condition to the issuance of the Bonds, Minnesota Statutes, Chapter 462C, as amended, requires the City to prepare a housing program for each project (the “Housing Program”), and hold a duly noticed public hearing on each Housing Program and the Project # 1 Bonds and the Project # 2 Bonds. The hearings may be held at the same meeting or separate meetings of the City Council. In addition, under Section 146 of the Internal Revenue Code of 1986, as amended, the Bonds must receive an allocation of the bonding authority of the State of Minnesota before the City may issue the Project # 1 Bonds and/or Project # 2 Bonds. Before the City Council is a resolution that takes the following actions: (i) preliminarily authorizes the issuance of the Project # 1 Bonds and the Project # 2 Bonds; (ii) authorizes the City Manager to establish a date or dates for a public hearing(s) and publication of the notice(s) thereof; (iii) authorizes the preparation of a housing program to authorize the issuance by the City of the Project # 1 Bonds and a housing program to authorize the issuance by the City of the the Project # 2 Bonds, to finance the acquisition, construction, and rehabilitation of the respective projects; (iv) authorizes the preparation and submission of applications for allocation of bonding authority of the State of Minnesota for both Project # 1 and Project # 2; and (v) declares the official intent of the City to reimburse the Borrower for expenditures made or to be made for costs of the Project # 1 from proceeds of the Project # 1 Bonds and for the costs of Project # 2 from the proceeds of the Project # 2 Bonds. Background Information RE Equities has approached the City regarding the potential construction of two general occupancy multifamily structures on the Life Church site located respectively at 14100 Valley View Road and on the NE corner of Baker Road and St. Andrews Drive. In order to receive 4% tax credits necessary to finance either or both Project # 1 or Project # 2, at least 50% of the respective project costs must be financed with tax exempt housing revenue bonds. RE Equities has requested that the City issue a resolution indicating its willingness to issue such bonds should either or projects be allocated part of the state’s available bond volume cap by Minnesota Management and Budget (MMB). Developers planning to finance developments with 4% Low- Income Housing Tax Credits must apply to MMB for a portion of the state’s volume cap for housing revenue bonds. In the present case, RE Equities intends to apply for a $27,000,000 bond allocation for development of a 178-unit facility plus amenities at 14100 Valley View Road and a $20,700,000 allocation for construction of a 137-unit facility with amenities on Hennepin County Tax Parcel 1011622240044 located on the NE corner of Baker Road and St. Andrews Drive. Should the Developer receive one or both allocations and successfully complete the entitlement process, the City by this resolution preliminarily agrees to issue bonds as a conduit issuer. The bonds would be secured only by revenues of each respective project pledged to the repayment thereof and would not constitute municipal obligations backed the City’s full faith and credit. Under Low-Income Housing Tax Credit rules at least 20% of units of each project must be affordable at or below 50% of the area median income (AMI) or 40% must be affordable to households earning 60% or less of the AMI. Attachment Resolution -- Authorizing of Housing Revenue Bonds for two RE Equities Multifamily Housing Developments CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2021-___ RELATING TO A MULTIFAMILY RENTAL HOUSING FACILITY AND THE ISSUANCE OF CONDUIT HOUSING REVENUE BONDS UNDER MINNESOTA STATUTES, CHAPTER 462C, AS AMENDED; GRANTING PRELIMINARY APPROVAL THERETO; CALLING FOR A PUBLIC HEARING; ESTABLISHING COMPLIANCE WITH CERTAIN REIMBURSEMENT REGULATIONS UNDER THE INTERNAL REVENUE CODE OF 1986, AS AMENDED; AND TAKING CERTAIN OTHER ACTIONS WITH RESPECT THERETO (REE HOUSING DEVELOPMENT) WHEREAS, the City of Eden Prairie, Minnesota (the “City”) is a municipal corporation and political subdivision duly organized and existing under the Constitution and laws of the State of Minnesota; WHEREAS, pursuant to Minnesota Statutes, Chapter 462C, as amended (the “Act”), the City is authorized to carry out the public purposes described in the Act by providing for the issuance of revenue bonds to provide funds to finance or refinance multifamily rental housing developments located within the City; WHEREAS, Real Estate Equities, LLC, a Minnesota limited liability company (or one or more partnerships acceptable to the City in which Real Estate Equities, LLC is the general partner, collectively, the “Borrower”) proposes that the City issue its conduit revenue bonds, pursuant to the Act, in an aggregate principal amount not to exceed $47,700,000, in one or more series at one time or from time to time (collectively, the “Bonds”); WHEREAS, the proceeds of the Bonds are proposed to be loaned by the City to the Borrower to be applied by the Borrower to (i) finance the acquisition, construction and equipping of an approximately 178 unit rental housing facility and related amenities to be located at 14100 Valley View Road in the City (the “Phase #1 Project”); (ii) finance the acquisition, construction and equipping of an approximately 137 unit rental housing facility and related amenities to be located on the parcel currently identified as PID 1011622240044 at the NE corner of Baker Road and St. Andrews Drive in the City (the “Phase #2 Project” and, together with the “Phase #1 Project”, the “Project”); (iii) fund one or more reserve funds to secure the timely payment of the Bonds, if necessary; (iv) pay interest on the Bonds during the construction of the Project, if necessary; and (v) pay the costs of issuing each series of the Bonds; WHEREAS, as a condition to the issuance of the Bonds, the City must adopt a housing program for each Project providing the information required by Section 462C.03, subdivision 1a of the Act (collectively, the “Housing Program”); WHEREAS, prior to the issuance of the Bonds, a public hearing will be held and notice of the public hearing will be published in accordance with the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”) and Section 462C.04, subdivision 2 of the Act; WHEREAS, under Section 146 of the Code, the Bonds must receive an allocation of the bonding authority of the State of Minnesota. An application for such an allocation must be made pursuant to the requirements of Minnesota Statutes, Chapter 474A, as amended (the “Allocation Act”) and preliminary approval of the issuance of the Bonds by the Council is sufficient to authorize the submission of an 2 application to the State of Minnesota for an allocation of bonding authority with respect to the Bonds to finance the Project. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota (the “Council”), as follows: Section 1. Preliminary Findings. Based on representations made by the Borrower to the City to date, the Council hereby makes the following preliminary findings, determinations, and declarations: 1.1 The Phase #1 Project and the Phase #2 Project each consist of the acquisition, construction, and equipping of a multifamily rental housing development designed and intended to be used for rental occupancy. 1.2 The proceeds of the Bonds will be loaned to the Borrower and the proceeds of the loan will be applied to: (i) the acquisition, construction, and equipping of the Phase #1 Project or the Phase #2 Project, as applicable; (ii) the funding of one or more reserve funds to secure the timely payment of each series of the Bonds, if necessary; (iii) the payment of interest on the Bonds during the construction of the applicable Project, if necessary; and (iv) the payment of the costs of issuing each series of the Bonds. The City and the Borrower will enter into one or more loan agreements (or other revenue agreement) (collectively, the “Revenue Agreement”) requiring loan repayments from the Borrower in amounts sufficient to repay the loans when due and requiring the Borrower to pay all costs of maintaining and insuring each Project, including taxes thereon. 1.3 In preliminarily authorizing the issuance of the Bonds and the financing of the acquisition, construction and equipping of the Project and related costs, the City’s purpose is, and the effect thereof will be, to promote the public welfare of the City and its residents by constructing multifamily housing developments for low and moderate income residents of the City and otherwise furthering the purposes and the policies of the Act. 1.4 The Bonds will be special, limited obligations of the City payable solely from the revenues pledged to the payment thereof under the applicable Revenue Agreement referred to above, and will not be a general or moral obligation of the City and will not be secured by or payable from revenues derived from any exercise of the taxing powers of the City. Section 2. Public Hearing. The City Council will conduct one or more public hearings on the applicable Housing Program, the applicable Project, and the issuance of the Bonds by the City at a regular or special meeting on a date as shall be determined by the City staff for which proper notice may be given as provided below. Notice of such hearings (collectively, the “Public Notice”) will be published as required by Section 462C.04, subdivision 2 and Section 147(f) of the Code. The City Clerk of the City is hereby authorized and directed to publish the Public Notice, in substantially the form attached hereto as EXHIBIT A, as required by Section 462C.04. At the public hearing, reasonable opportunity will be provided for interested individuals to express their views, both orally and in writing, on the applicable Project, the applicable Housing Program, and the proposed issuance of the Bonds. Section 3. Housing Program. Kennedy & Graven, Chartered, acting as bond counsel with respect to the Project and the Bonds (“Bond Counsel”) shall prepare and submit to the Metropolitan Council for its review one or more Housing Programs to authorize the issuance by the City of in revenue bonds in one or more series in an aggregate principal amount not to exceed $47,700,000 to finance the acquisition, construction, and equipping of the Project by the Borrower. 3 Section 4. Submission of an Application for an Allocation of Bonding Authority. The City Council hereby authorizes the submission of one or more applications for allocation of bonding authority pursuant to Section 146 of the Code and the Allocation Act in accordance with the requirements of the Allocation Act. The Mayor of the City or the City Manager and Bond Counsel are hereby authorized and directed to take all actions, in cooperation with the Borrower, as are necessary to submit one or more applications for an allocation of bonding authority to Minnesota Management & Budget. Section 5. Preliminary Approval. The City Council hereby grants preliminary approval to the issuance of the Bonds in the approximate maximum aggregate principal amount of $47,700,000 to finance all or a portion of the costs of the Project pursuant to the Housing Program of the City, subject to: (i) review of the applicable Housing Program by the Metropolitan Council; (ii) a public hearing as required by the Act and Section 147(f) of the Code; (iii) receipt of an allocation of the bonding authority from the State of Minnesota; (iv) final approval following the preparation of bond documents; and (v) final determination by the City Council that the financing of the applicable Project and the issuance of the Bonds therefor are in the best interests of the City. Section 6. Reimbursement of Costs under the Code. 6.1. The United States Department of the Treasury has promulgated regulations governing the use of the proceeds of tax-exempt bonds, all or a portion of which are to be used to reimburse the City or the Borrower for project expenditures paid prior to the date of issuance of such bonds. Those regulations (Treasury Regulations, Section 1.150-2) (the “Regulations”) require that the City adopt a statement of official intent to reimburse an original expenditure not later than 60 days after payment of the original expenditure. The Regulations also generally require that the bonds be issued and the reimbursement allocation made from the proceeds of the bonds occur within 18 months after the later of: (i) the date the expenditure is paid; or (ii) the date the project is placed in service or abandoned, but in no event more than 3 years after the date the expenditure is paid. The Regulations generally permit reimbursement of capital expenditures and costs of issuance of the Bonds. 6.2. To the extent any portion of the proceeds of the Bonds will be applied to expenditures with respect to either the Phase #1 Project or the Phase #2 Project, the City reasonably expects to reimburse the Borrower for the expenditures made for costs of the applicable Project from the proceeds of the Bonds issued therefor after the date of payment of all or a portion of such expenditures. All reimbursed expenditures shall be capital expenditures, costs of issuance of such Bonds, or other expenditures eligible for reimbursement under Section 1.150-2(d)(3) of the Regulations and also qualifying expenditures under the Act. Based on representations by the Borrower, other than (i) expenditures to be paid or reimbursed from sources other than the Bonds, (ii) expenditures permitted to be reimbursed under prior regulations pursuant to the transitional provision contained in Section 1.150-2(j)(2)(i)(B) of the Regulations, (iii) expenditures constituting preliminary expenditures within the meaning of Section 1.150-2(f)(2) of the Regulations, or (iv) expenditures in a “de minimis” amount (as defined in Section 1.150-2(f)(1) of the Regulations), no expenditures with respect to the Project to be reimbursed with the proceeds of the Bonds have been made by the Borrower more than 60 days before the date of adoption of this resolution of the City. 6.3. Based on representations by the Borrower, as of the date hereof, there are no funds of the Borrower reserved, allocated on a long term-basis or otherwise set aside (or reasonably expected to be reserved, allocated on a long-term basis or otherwise set aside) to provide permanent financing for the expenditures related to the Project to be financed from proceeds of the Bonds, other than pursuant to the 4 issuance of the Bonds. This resolution, therefore, is determined to be consistent with the budgetary and financial circumstances of the Borrower as they exist or are reasonably foreseeable on the date hereof. Section 7. Costs. The Borrower will pay the administrative fee of the City and for the issuance of conduit debt. The Borrower will also pay directly or through the City any and all costs incurred by the City in connection with the Phase #1 Project and the Phase #2 Project and the issuance of the Bonds, whether or not such Project is approved by Minnesota Management and Budget and/or Minnesota Housing Financing Agency, and whether or not such Project is carried to completion; and whether or not the Bonds or operative instruments are executed, including any costs for attorneys’ fees. Section 8. Commitment Conditional; Expiration of Commitment. The adoption of this resolution does not constitute a guarantee or a firm commitment that the City will issue the Bonds as requested by the Borrower. The City retains the right in its sole discretion to withdraw from participation and accordingly not to issue the Bonds, or issue the Bonds in an amount less than the amount referred to in Section 5 hereof, should the City at any time prior to issuance thereof determine that it is in the best interests of the City not to issue the Bonds or to issue the Bonds in an amount less than the amount referred to in Section 6 hereof, or should the parties to the transaction be unable to reach agreement as to the terms and conditions of any of the documents required for the transaction. The preliminary approval of the City set forth herein is contingent upon an allocation of bonding authority from Minnesota Management & Budget in an amount equal to or greater than the principal amount of the Bonds prior to issuance and sale of the Bonds. All commitments of the City expressed herein are subject to the condition that by December 31, 2023, the City and the Borrower shall have agreed to mutually acceptable terms and conditions of the Revenue Agreement, the Bonds, and of the other instruments and proceedings relating to the Bonds and their issuance and sale. If the events set forth herein do not take place within the time set forth above, or any extension thereof, and the Bonds are not sold within such time, this resolution shall expire and be of no further effect. Section 9. Effective Date. This Resolution shall be in full force and effect from and after its adoption. ADOPTED by the Eden Prairie City Council on this ___day of December, 2021. ____________________________ Ronald A. Case, Mayor ATTEST: _________________________ Nicole Tingley, City Clerk A-1 EXHIBIT A NOTICE OF PUBLIC HEARING ON A HOUSING PROGRAM AND THE ISSUANCE OF CONDUIT REVENUE BONDS FOR A MULTIFAMILY HOUSING PROJECT NOTICE IS HEREBY GIVEN that the City Council of the City of Eden Prairie, Minnesota (the “Council”) will meet on _______, 202__ at 7:00 p.m., or as soon thereafter as the matter may be heard, at the City Hall at 8080 Mitchell Road in the City for the purpose of conducting a public hearing on a proposal by Real Estate Equities, LLC, a Minnesota limited liability company, and its successors and, or assigns (or one or more partnerships acceptable to the City in which Real Estate Equities, LLC is the general partner, “Borrower”) that the City of Eden Prairie, Minnesota (the “City”) finance the acquisition, construction and equipping of a rental housing development, hereinafter described, by the issuance of conduit revenue bonds or other obligations (the “Bonds”) pursuant to Minnesota Statutes, Chapter 462C, as amended, and that the City adopt a housing program for such bonds. The proceeds of the Bonds are proposed to be loaned by the City to the Borrower to be applied by the Borrower to (i) finance the acquisition, construction and equipping of an approximately 178 unit rental housing facility and related amenities located at 14100 Valley View Road in the City and an approximately 137 unit rental housing facility and related amenities to be located the parcel currently identified as PID 1011622240044 at the NE corner of Baker Road and St. Andrews Drive in the City; (ii) fund one or more reserve funds to secure the timely payment of the Bonds, if necessary; (iii) pay interest on the Bonds during the construction of the Project, if necessary; and (iv) pay a portion of the costs of issuing the Bonds. The Project will be owned and operated by the Borrower. The estimated maximum aggregate principal amount of bonds or other obligations to be issued to finance the Project is [$47,700,000]. The Bonds if and when issued will be special, limited obligations of the City, and the Bonds and interest thereon will be payable solely from the revenues and assets pledged to the payment thereof and will not be backed by the full faith and credit of the City. No holder of any Bond will have the right to compel any exercise of the taxing power of the City to pay the Bonds or the interest thereon, nor to enforce payment against any property of the City except money payable by the Borrower to the City and pledged to the payment of the Bonds. Before issuing the Bonds, the City will enter into an agreement with the Borrower, whereby the Borrower will be obligated to make payments at least sufficient at all times to pay the principal of and interest on the Bonds when due. Following the public hearing the Council will consider a resolution approving a housing program prepared in accordance with the requirements of the Act and granting approval to the issuance of the Bonds. A copy of the housing program will be on file at City Hall, 8080 Mitchell Road, Eden Prairie, Minnesota 55344, Monday through Friday during the City’s normal business hours until the date of the Public Hearing. At the time and place fixed for the Public Hearing, the City Council will give all persons who appear or submit comments in writing to the City Council prior to the hearing, an opportunity to express their views with respect to the proposal. In addition, interested persons may file written comments respecting the proposal with the City Clerk at or prior to said public hearing. Publish ________, 202__. CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: December 7, 2021 DEPARTMENT/DIVISION: Julie Klima, Community Development Director Megan Yerks, Community Services Coordinator ITEM DESCRIPTION: Recommendations for Funding Social Services Providers for 2022-2023 ITEM NO.: VIII.H. Requested Action Move to: Approve funding recommendations made by the Human Services Review Committee for social service providers for 2022 and 2023. Background The Human Services Review Committee comprised of staff from Fire, Police, Park & Rec, Community Services and Community Development made the funding recommendations listed below based on the review of written proposals and past performance by social service providers, and budget direction from the City Council. 1 New Applicant 2 Formerly known as YMCA at Briarhill, YMCA of the Greater Twin Cities 3 Up to $4,000 set aside for additional Bloomington Eden Prairie Meals on Wheels funding, eligibility based on resumption of full services to Eden Prairie residents. Program 2018-2019 Funding 2020-2021 Funding 2022-2023 Requests 2022-2023 HSRC Recommendations Bloomington Eden Prairie Meals on Wheels $10,000.00 $10,000.00 $10,400.00 $6,000.00 EP Schools Early Childhood Programs $31,000.00 $30,000.00 $55,747.00 $31,000.00 Homeline $12,700.00 $13,000.00 $17,980.00 $14,650.00 MoveFWD (formerly Teens Alone) $26,000.00 $25,000.00 $28,000.00 $25,000.00 NAMI Minnesota $3,000.00 No Request No Request N/A Onward Eden Prairie No Request $15,000.00 $20,000.00 $15,000.00 PROP $73,000.00 $74,000.00 $98,000.00 $75,000.00 Relate Counseling Services 1 No Request No Request $30,000.00 $20,000.00 Senior Community Services $73,000.00 $73,000.00 $78,000.00 $75,000.00 Southdale YMCA $30,000.00 $20,000.00 No Request N/A Treehouse $6,000.00 $6,000.00 $10,000.00 $6,000.00 YMCA of the North2 $12,000.00 $20,000.00 $40,000.00 $24,000.00 Emerging Needs $1,650.00 $760.00 $0.00 $4,000.003 Total $278,350.00 $286,760.00 $295,650.00 CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: December 7, 2021 DEPARTMENT/DIVISION: Joe Dusek Public Works/Utilities ITEM DESCRIPTION: I.C. 22-6340 Award Contract for 2022, 2023, & 2024 Lime Residual Hauling and Disposal ITEM NO.: VIII.I. Requested Action Move to: Award bid for I.C. 22-6340, Lime Residuals Hauling and Disposal to Huls Brothers Trucking, Inc. in the amount of $1,074,060.00 Synopsis Sealed bids were received on Thursday, November 4, 2021. Two bids were received for the hauling and disposal of the lime residuals. The project specifications were written with a contract period of one year (2022), of two (2) years (2022 and 2023), or of three (3) years (2022, 2023 and 2024) with the City having the option to choose the length of contract. Based on the bids submitted; staff recommends the Contract to include hauling and disposal of the lime residuals for the (3) year contract for the year 2022, 2023, and 2024 to Huls Brothers Trucking, Inc. Background Information The project is financed through the Utility Enterprise Fund as a maintenance project. The unit price for this contract is $0.22/cubic yard more than we are currently paying for the hauling and disposal of the 2021 residuals project. The Contract for hauling and disposal of lime residuals (a by-product of the lime softening process at the water treatment plant) is an optional multi-year contract. A fuel escalation clause has been incorporated into the project specifications to provide an equitable method of fairness to both the City and Contractor regarding the potential for fluctuation of fuel prices during this contract period. Attachment: • Bid Summary • Contract SUMMARY OF BIDS LIME RESIDUALS HAULING AND DISPOSAL I.C. 22-6340 Bidder 2022 2022 & 2023 2022, 2023 & 2024 Huls Brothers Trucking Inc. 358,020.00 716,040.00 1,074,060.00 Rehbein Ag. Services 404,460.00 808,920.00 1,213,380.00 CONTRACT THIS AGREEMENT, made and executed this 7th day of December, 2021 by and between City of Eden Prairie, hereinafter referred to as the "CITY", and Huls Brothers Trucking, Inc., hereinafter referred to as the "CONTRACTOR", WITNESSETH: CITY and CONTRACTOR, for the consideration hereinafter stated, agree as follows I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of the Material Specifications prepared by the City of Eden Prairie referred to in Paragraph IV, and as provided by the CITY for: IMPROVEMENT CONTRACT 22-6340: LIME RESIDUAL HAULING AND DISPOSAL CONTRACTOR further agrees to do everything required by this Agreement and the Contract Documents. II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto which prices conform to those in the accepted CONTRACTOR'S proposal on file in the office of the Water Treatment Plant Supervisor. The unit price of $19.89/cubic yard (with fuel adjustment) for the amount to be determined of Lime Residuals Hauling and Removal shall be paid to the CONTRACTOR. III. Payments to CONTRACTOR by CITY shall be made within 30 days after approval of invoice. IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents a. Advertisement for Bids b. Accepted Proposal c. Contract Agreement (2) Detail Specifications (3) Addenda and Supplemental Agreements The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the following schedule: Unit bid prices for those items awarded shall remain in effect until December 31, 2024 or in accordance with the Contract Documents. VI. This Agreement shall be executed in two (2) copies. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the date first above written. In Presence Of: CITY OF EDEN PRAIRIE, MINNESOTA Its City Mayor And Its City Manager In Presence of: CONTRACTOR Firm By: Title And CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: December 7, 2021 DEPARTMENT/DIVISION: Joe Dusek Public Works/Utilities ITEM DESCRIPTION: 22-6253.1 Award Contract for 2022 Water Treatment Chemicals ITEM NO.: VIII.J. Requested Action Move to: Award contracts for 22-6253.1, Water Treatment Chemicals for 2022, as indicated in the attached recommendation of award. Synopsis Bids were opened on November 4, 2021 for the 2022 supply of Water Treatment Chemicals. Attached is a bid tabulation sheet indicating the prices received for each chemical and a table recommending each low-bidder for award of contract at the price indicated. Background Information The water treatment chemicals are essential for the production of potable water and the amounts used will be dictated by the city’s water consumption. Actual quantities used will vary, depending upon the 2022 weather. Drier years result in more lawn and garden watering, requiring substantially more chemicals to treat the larger volume of water produced. The quantities of chemicals and the subsequent annual bid values are based only upon estimates of total water production. Staff recommends acceptance of low bid for each of the required chemicals. Attachments • Recommendation of Award • Bid Summary • Contracts 22-6253.1/ Recommendation of Award” RECOMMENDATION OF AWARD EDEN PRAIRIE UTILITIES ANNUAL WATER TREATMENT CHEMICALS 22-6253.1 2022 Water Treatment Chemicals 1 Quicklime Graymont Superior,WI 1-888-638-1714 $206.00/Ton 2 Liquid Ferric Chloride (35% solution) PVS Technologies. Lakeville, MN 800-337-7428 $1.91/Gallon 3 Liquid Chlorine (1 ton shipments) Hawkins, Inc. Minneapolis, MN 612-331-6910 $1108.00/Ton 4 Liquid Carbon Dioxide Poet Ethanol Products Scotland, SD 316-303-3871 1-800-550-4070 $350.00/Ton 5 Sodium Polyphosphate Hawkins, Inc. Minneapolis, MN 612-331-6910 $8.14/Gallon 6 Fluorosilicic Acid Hawkins, Inc. Minneapolis, MN 612-331-6910 $3.77/Gallon Bid Tab for 2022 Water Treatment Chemicals 22-6253.1 Award Summary 2022 *Indicates Low Bid BIDDERS Quicklime Liquid Ferric Chloride Liquid Chlorine 1 ton loads Liquid Carbon Dioxide Sodium Poly-phosphate Fluorosilicic Acid Graymont *$206.00/Ton Carmeuse Lime $415.00 /Ton Hawkins Chemical $1.93/Gallon *$1108.00/ Ton *$8.14/ Gallon *$3.77/ Gallon PVS Technologies *$1.91/Gallon Poet *$350.00/ Ton Shannon Chemical $15.47/Gallon CONTRACT THIS AGREEMENT, made and executed this 7th day of December, 2021, by and between City of Eden Prairie, hereinafter referred to as the "CITY", and Ethanol Products, LLC, DBA, POET Ethanol Products, a Kansas limited liability company hereinafter referred to as the "SUPPLIER", WITNESSETH: CITY and SUPPLIER, for the consideration hereinafter stated, agree as follows: I. SUPPLIER hereby covenants and agrees to perform and execute all the provisions of the Material Specifications prepared by the City of Eden Prairie referred to in Paragraph IV, and as provided by the CITY for: IMPROVEMENT CONTRACT #22-6253.1 2022 WATER TREATMENT CHEMICALS SUPPLIER further agrees to do everything required by this Agreement and the Contract Documents. II. CITY agrees to pay and SUPPLIER agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto, which prices conform to those in the accepted SUPPLIER'S proposal on file in the office of the Water Treatment Plant Supervisor. The unit price of $350.00/Ton for the amount to be determined of Liquid Carbon Dioxide shall be paid to the supplier. III. Payments to SUPPLIER by CITY shall be made within 30 days after approval of invoice. IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents a. Advertisement for Bids b. Accepted Proposal c. Contract Agreement (2) Detail Specifications (3) Addenda and Supplemental Agreements The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. V. SUPPLIER agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the following schedule: Unit bid prices for those items awarded shall remain in effect until December 31, 2022 or in accordance with the Contract Documents. VI. This Agreement shall be executed in two (2) copies. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the date first above written. In Presence Of: CITY OF EDEN PRAIRIE, MINNESOTA Its City Mayor And Its City Manager In Presence of: SUPPLIER Firm By: Title And CONTRACT THIS AGREEMENT, made and executed this 7th day of December, 2021, by and between City of Eden Prairie, hereinafter referred to as the "CITY", and Hawkins INC. hereinafter referred to as the "SUPPLIER", WITNESSETH: CITY and SUPPLIER, for the consideration hereinafter stated, agree as follows: I. SUPPLIER hereby covenants and agrees to perform and execute all the provisions of the Material Specifications prepared by the City of Eden Prairie referred to in Paragraph IV, and as provided by the CITY for: IMPROVEMENT CONTRACT #22-6253.1 2022 WATER TREATMENT CHEMICALS SUPPLIER further agrees to do everything required by this Agreement and the Contract Documents. II. CITY agrees to pay and SUPPLIER agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto, which prices conform to those in the accepted SUPPLIER'S proposal on file in the office of the Water Treatment Plant Supervisor. The unit price of $1108.00/Ton for the amount to be determined of Liquid Chlorine shall be paid to the supplier. III. Payments to SUPPLIER by CITY shall be made within 30 days after approval of invoice. IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents a. Advertisement for Bids b. Accepted Proposal c. Contract Agreement (2) Detail Specifications (3) Addenda and Supplemental Agreements The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. V. SUPPLIER agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the following schedule: Unit bid prices for those items awarded shall remain in effect until December 31, 2022 or in accordance with the Contract Documents. VI. This Agreement shall be executed in two (2) copies. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the date first above written. In Presence Of: CITY OF EDEN PRAIRIE, MINNESOTA Its City Mayor And Its City Manager In Presence of: SUPPLIER Firm By: Title And CONTRACT THIS AGREEMENT, made and executed this 7th day of December, 2021, by and between City of Eden Prairie, hereinafter referred to as the "CITY", and PVS Technologies INC. hereinafter referred to as the "SUPPLIER", WITNESSETH: CITY and SUPPLIER, for the consideration hereinafter stated, agree as follows: I. SUPPLIER hereby covenants and agrees to perform and execute all the provisions of the Material Specifications prepared by the City of Eden Prairie referred to in Paragraph IV, and as provided by the CITY for: IMPROVEMENT CONTRACT #22-6253.1 2022 WATER TREATMENT CHEMICALS SUPPLIER further agrees to do everything required by this Agreement and the Contract Documents. II. CITY agrees to pay and SUPPLIER agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto, which prices conform to those in the accepted SUPPLIER'S proposal on file in the office of the Director of Public Works. The unit price of $1.91/Gallon for the amount to be determined of Liquid Ferric Chloride shall be paid to the supplier. III. Payments to SUPPLIER by CITY shall be made within 30 days after approval of invoice. IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents a. Advertisement for Bids b. Accepted Proposal c. Contract Agreement (2) Detail Specifications (3) Addenda and Supplemental Agreements The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. V. SUPPLIER agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the following schedule: Unit bid prices for those items awarded shall remain in effect until December 31, 2022 or in accordance with the Contract Documents. VI. This Agreement shall be executed in two (2) copies. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the date first above written. In Presence Of: CITY OF EDEN PRAIRIE, MINNESOTA Its City Mayor And Its City Manager In Presence of: SUPPLIER Firm By: Title And CONTRACT THIS AGREEMENT, made and executed this 7th day of December, 2021, by and between City of Eden Prairie, hereinafter referred to as the "CITY", and Hawkins Inc. hereinafter referred to as the "SUPPLIER", WITNESSETH: CITY and SUPPLIER, for the consideration hereinafter stated, agree as follows: I. SUPPLIER hereby covenants and agrees to perform and execute all the provisions of the Material Specifications prepared by the City of Eden Prairie referred to in Paragraph IV, and as provided by the CITY for: IMPROVEMENT CONTRACT #22-6253.1 2022 WATER TREATMENT CHEMICALS SUPPLIER further agrees to do everything required by this Agreement and the Contract Documents. II. CITY agrees to pay and SUPPLIER agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto, which prices conform to those in the accepted SUPPLIER'S proposal on file in the office of the Water Treatment Plant Supervisor. The unit price of $3.77/Gallon for the amount to be determined of Fluorosilicic Acid shall be paid to the supplier. III. Payments to SUPPLIER by CITY shall be made within 30 days after approval of invoice. IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents a. Advertisement for Bids b. Accepted Proposal c. Contract Agreement (2) Detail Specifications (3) Addenda and Supplemental Agreements The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. V. SUPPLIER agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the following schedule: Unit bid prices for those items awarded shall remain in effect until December 31, 2022 or in accordance with the Contract Documents. VI. This Agreement shall be executed in two (2) copies. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the date first above written. In Presence Of: CITY OF EDEN PRAIRIE, MINNESOTA Its City Mayor And Its City Manager In Presence of: SUPPLIER Firm By: Title And CONTRACT THIS AGREEMENT, made and executed this 7th day of December 2021, by and between City of Eden Prairie, hereinafter referred to as the "CITY", and Graymont (WI), LLC, a Wisconsin limited liability company hereinafter referred to as the "SUPPLIER", WITNESSETH: CITY and SUPPLIER, for the consideration hereinafter stated, agree as follows: I. SUPPLIER hereby covenants and agrees to perform and execute all the provisions of the Material Specifications prepared by the City of Eden Prairie referred to in Paragraph IV, and as provided by the CITY for: IMPROVEMENT CONTRACT #22-6253.1 2022 WATER TREATMENT CHEMICALS SUPPLIER further agrees to do everything required by this Agreement and the Contract Documents. II. CITY agrees to pay and SUPPLIER agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto, which prices conform to those in the accepted SUPPLIER'S proposal on file in the office of the Water Treatment Plant Supervisor. The unit price of $206.00/Ton for the amount to be determined of Quicklime shall be paid to the supplier. III. Payments to SUPPLIER by CITY shall be made within 30 days after approval of invoice. IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents a. Advertisement for Bids b. Accepted Proposal c. Contract Agreement (2) Detail Specifications (3) Addenda and Supplemental Agreements The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. V. SUPPLIER agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the following schedule: Unit bid prices for those items awarded shall remain in effect until December 31, 2022 or in accordance with the Contract Documents. VI. This Agreement shall be executed in two (2) copies. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the date first above written. In Presence Of: CITY OF EDEN PRAIRIE, MINNESOTA Its City Mayor And Its City Manager In Presence of: SUPPLIER Firm By: Title And CONTRACT THIS AGREEMENT, made and executed this 7th day of December, 2021, by and between City of Eden Prairie, hereinafter referred to as the "CITY", and Hawkins Inc.hereinafter referred to as the "SUPPLIER", WITNESSETH: CITY and SUPPLIER, for the consideration hereinafter stated, agree as follows: I. SUPPLIER hereby covenants and agrees to perform and execute all the provisions of the Material Specifications prepared by the City of Eden Prairie referred to in Paragraph IV, and as provided by the CITY for: IMPROVEMENT CONTRACT #22-6253.1 2022 WATER TREATMENT CHEMICALS SUPPLIER further agrees to do everything required by this Agreement and the Contract Documents. II. CITY agrees to pay and SUPPLIER agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto, which prices conform to those in the accepted SUPPLIER'S proposal on file in the office of the Water Treatment Plant Supervisor. The unit price of $8.14/Gallon for the amount to be determined of Sodium Polyphosphate shall be paid to the supplier. III. Payments to SUPPLIER by CITY shall be made within 30 days after approval of invoice. IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents a. Advertisement for Bids b. Accepted Proposal c. Contract Agreement (2) Detail Specifications (3) Addenda and Supplemental Agreements The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. V. SUPPLIER agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the following schedule: Unit bid prices for those items awarded shall remain in effect until December 31, 2022 or in accordance with the Contract Documents. VI. This Agreement shall be executed in two (2) copies. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the date first above written. In Presence Of: CITY OF EDEN PRAIRIE, MINNESOTA Its City Mayor And Its City Manager In Presence of: SUPPLIER Firm By: Title And CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: November 22, 2021 DEPARTMENT / DIVISION: Police Department Gerald Byington / Fleet Services ITEM DESCRIPTION: Declare Squad #233 Surplus Property and Authorize Replacement Vehicle Purchase ITEM NO.: VIII.K. Requested Action Move to: Declare Police squad #233 surplus property and authorize the purchase of a replacement Dodge Charger Pursuit for $32,348.00 Synopsis Police Marked Dodge Charger squad car #233 was severely damaged in an accident. The vehicle has over 66,000 miles on it and the cost to repair far exceeds the vehicle value. It does not make financial sense to repair this vehicle. Fleet Services and Police Department staff are requesting to declare squad #233 as surplus property so that it can be sold or disposed of pending final insurance resolution. Fleet Services and Police Department staff are also requesting authorization to purchase a new 2021 Dodge Charger Pursuit to replace this damaged squad car for a purchase cost of $32,348.00. The City of Eden Prairie participates in the State of Minnesota Cooperative Purchasing Venture (CPV). This enables the City to buy vehicles and equipment under the terms of contracts already negotiated by the State of Minnesota. This new squad car will be purchased using the State of Minnesota CPV program and funds are currently available in the Fleet Services Internal Service Fund Capital budget for this purchase. CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: December 7, 2021 DEPARTMENT/DIVISION: Mary Krause Public Works / Engineering ITEM DESCRIPTION: Approve Encroachment Agreement with TP KPI Paravel Property LLC (Paravel) for Encroachment into Public Right-Of- Way ITEM NO.: VIII.L. Requested Action Move to: Approve Encroachment Agreement with TP KPI Paravel Property LLC (Paravel) for Encroachment into public Right-Of-Way Synopsis This Encroachment Agreement allows for tie-backs associated with the installation of an earth retention system (necessary to construct the Paravel building) to be placed within the Prairie Center Drive right-of-way. Background Information Paravel is a 246 unit multi-story residential apartment building that was approved by City Council in 2019 and then the amended in 2020. Paravel is located at 8300 Commonwealth Drive and is part of the overall Castle Ridge Redevelopment. Attachments • Encroachment Agreement 1 ENCROACHMENT AGREEMENT FOR PRIVATE USE OF PUBLIC PROPERTY This Encroachment Agreement For Private Use of Public Property (hereinafter Agreement”) is made this ____ day of ______________, 2021, between the CITY OF EDEN PRAIRIE, Minnesota, a Minnesota municipal corporation (the “City”), and TP KPI PARAVEL PROPERTY LLC, a Delaware limited liability company (the “Owner”). RECITALS: A. The Owner is the fee owner of property located in the City of Eden Prairie, Minnesota (the “Owner’s Property”), legally described as: Lot 1, Block 1, Castle Ridge 4th Addition, Hennepin County, Minnesota (Abstract and Torrens property) B. The Owner’s Property is abutted by City right-of-way commonly known as Prairie Center Drive (the “City Right-of-Way”). C. Owner and City have entered into the certain FIRST AMENDED AND RESTATED DEVELOPMENT AGREEMENT dated the 17th day of March, 2020 (hereinafter “Development Agreement”) related to Owner’s construction on the Property of a 246-unit residential rental project (“Improvements”). D. As part of its Improvements, the Owner desires to construct and install a support wall and tie-backs adjacent to and within the City Right-of-Way as located, identified, and described on the plans (“Plans”) attached hereto as Exhibit A (“Encroachment”). Some or all of the support wall will be removed upon completion of the Improvements, with the tie-back portion of the Encroachment remaining within the City Right-of-Way. E. City is willing to permit the Encroachment as depicted on Exhibit A, subject to the terms and conditions of this Agreement. 2 AGREEMENT In consideration of the foregoing and the mutual covenants herein, the parties agree as follows: 1. RECITALS. The recitals set forth above are incorporated herein. 2. PUBLIC PROPERTY. The Owner acknowledges that the Improvements encroach on City Right-of-Way. 3. ENCROACHMENT CONSTRUCTION. City grants Owner the right to and Owner hereby assumes the responsibility to construct, maintain, and repair, the Encroachment in accordance with all applicable laws and regulations (collectively referred to as the “Encroachment Construction”) in the locations identified on Exhibit A and subject to the terms set forth in this Agreement. Responsibility for the Encroachment Construction shall be that of the Owner. The Owner shall perform, as and when necessary, and pay the cost for, the construction, maintenance and repair of the Encroachment as may be reasonably necessary to maintain the Improvements in good and aesthetic condition and repair. The City shall retain the right to manage the City Right- of-Way as provided in state statutes and city code. The City shall also retain the right to monitor the Encroachment Construction to confirm that it is being completed in accordance with the Plans. 4. ENCROACHMENT REMOVAL. In the event that any tie back portion of the Encroachment needs to be removed or relocated because, in the professional judgment of the City Engineer, it interferes with the City’s use, maintenance, or repair of the City Right-of-Way, then the Owner shall perform and pay the cost for such removal. If the Owner fails to remove the tie backs, and the City incurs costs to remove them, then the Owner shall be responsible to the City for only those costs associated with the removal of those tie backs.. 5. INDEMNITY. The Owner shall indemnify, defend and hold the City and its employees, contractors, agents, representatives, elected and appointed officials, and attorneys harmless from any and all claims, damages, losses, costs and expenses, including attorneys’ fees, arising from, based on, or related to the encroachment of the Encroachment on the City Right-of- Way , including, but not limited to, any claim asserted against the City as a result of the installation, placement, building erection, maintenance, occupation or use of the Encroachment and/or failure of the Owner to maintain the Encroachment in such a condition as to prevent against injury to persons or property, except that this indemnity shall not apply to any claims arising out of the sole gross negligence or willful misconduct of the City or its employees or agents. 6. INSURANCE. During the course of the initial construction of the Encroachment, Owner and its general contractor shall maintain a commercial general liability insurance policy, naming City as an additional insured, which provides coverage for damage to the property of others or injury or death to persons. Such coverage shall be on an occurrence basis and shall include 3 contractual liability coverage with respect to the indemnity obligation in Paragraph 5 above. Said policy shall contain a clause which provides the insurer will not non-renew, or materially change the policy without first providing the City thirty (30) days prior written notice. The Owner shall provide the City with a Certificate of Insurance for such coverage that specifically details the conditions in Paragraphs 5 and 7 of this Agreement. Following completion of the initial construction of the Encroachment, and for so long as the Encroachment remains on, under, or within City Right-of-Way, Owner shall maintain commercial general liability insurance with the following minimums: $1 million individual occurrence and 2 million aggregate insurance. Said policy shall contain a clause which provides the insurer will not non-renew, or materially change the policy without first providing the City thirty (30) days prior written notice 7. WAIVER OF CLAIMS. The Owner knowingly and voluntarily waives and releases any and all claims against the City arising from, based on, or related to Owner being permitted to maintain the Encroachment in the City Right-of-Way as permitted by this Agreement, including but not limited to claims of abandonment, diminution in value, takings and contractual claims arising out of this Agreement, except any claims which are the result of the sole negligence or willful misconduct of the City or its employees or agents. The Owner acknowledges being represented by legal counsel in connection with this Agreement, and that the Owner has read and understands the terms of this Agreement. 8. CONDITION OF PUBLIC PROPERTY. The Owner acknowledges the City has made no representations or warranties regarding the condition of the City Right-of-Way or its suitability for the uses permitted by this Agreement. 9. NO VESTED RIGHTS. This Agreement shall confer on Owner only those rights expressly granted herein and shall not constitute or be construed as creating or establishing any other right of the Owner to the area encroached upon. 10. TERMINATION. In the event the Owner fails to comply with paragraphs 3, 4, 5 or 6, of this Agreement, then upon 60 days written notice to the Owner of such failure(s), the City may terminate this Agreement. The provisions of paragraphs 4 and 5 of this Agreement shall expressly survive any termination of this Agreement. The City shall not terminate this agreement if the Owner cures such failures within the 60 days written notice period. 11. ADDITIONAL ENCROACHMENT CONDITIONS. Owner hereby agrees to the following additional conditions: A. The Encroachment shall be located as depicted in the attached Exhibit A. B. Owner shall secure from City all required municipal permits prior to any construction of the Encroachment within the City Right-of-Way. 4 C. The Encroachment and all work completed in relation thereto shall be in accordance with the City’s current standards and ordinances and other applicable laws and/or regulations in effect as of the Effective Date. D. The Owner shall coordinate to remove or relocate any portion of the Encroachment within City Right-of-Way at the Owner’s sole expense that the City deems, in its sole discretion, needs to be relocated or removed as a result of repairs, improvement or changes to the City right-of-way. E. The Owner must provide record drawings of the Encroachment and any other portion of the Encroachment (support wall) left in-place to the City upon completion of the work. 12. BINDING EFFECT AND ASSIGNMENT. This Agreement shall run with the Owner’s Property in perpetuity and bind and inure to the benefit of the Owner’s Property, the parties hereto and their respective successors and assigns. 13. ENTIRE AGREEMENT. This Agreement contains all the terms and conditions relating to the Encroachment and replaces any oral agreements or other negotiations between the parties. No modifications of this Agreement shall be valid until they have been placed in writing and signed by all parties hereto. 14. RECORDING. The Owner shall cause this Agreement to be filed for record against the Owner’s Property with the Hennepin County Recorder and Registrar of Titles (as applicable) immediately after execution. SIGNATURES ON FOLLOWING PAGES 5 CITY OF EDEN PRAIRIE By: ________________________________ Ronald A. Case, Mayor By: ________________________________ Rick Getschow, 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 then Mayor and City Manager of the City of Eden Prairie, Minnesota, a municipal corporation, on behalf of the corporation. ______________________________ NOTARY PUBLIC 6 TP KPI PARAVEL PROPERTY LLC a Delaware limited liability company BY: Paravel Partners LLC, a Delaware limited liability company, its Sole Member By: TP Paravel Investor LLC, a Minnesota limited liability company, its Manager By: __________________________ Name: _______________________ Its: Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of ______, 2021, by ________________, the Manager of TP Paravel Investor LLC, a Minnesota limited liability company, which is the Manager of Paravel Partners LLC, a Delaware limited liability company, which is the Sole Member of TP KPI Paravel Property, LLC, a Delaware limited liability company, on behalf of said limited liability company. ______________________________ NOTARY PUBLIC This instrument was drafted by: Gregerson, Rosow, Johnson & Nilan, Ltd. 100 Washington Avenue South, Suite 1550 Minneapolis, MN 55401 Telephone: (612) 338-0755 GAS GAS GAS GASGASGASGASGASGASGASGASGAS GASGASGASGAS>>>>>>>>>>>>>>>>>>>>>>>>>EEEEEEEEEEEEEE EE EGAS GAS >> >>>>>>>> > >>>>>>AA BA EA FA HA KA 1A 2A 3A 4A 6A 7A 8A 9A 1B 3B 4B 5B 6B 7B 8B AB 5A CA DA GA JA BB CB DB EB FB GB HB 1B3B4B5B6B7BMB PBKBACCCDCECFCGC2C5CHCIC3C4C6C7C8CHBJBLBOB1.9CDC.7AC CC DC EC FC GC 1C 2C AD CD ED 1D 2D 3D 5D 6D 7D BD FD HC IC 4D 1.9C DC.7 AD CD ED 1D 2D AE BE CE DE EE FE GE 1E 2E 3E 6E 7E 8E 9E BD FD HE 4E 4E.1 6E.1>>>>>>)))))WWWWWWWWW WWW )))))W W WWWWWWWWWWW WWWWW)WW)W)) W ))WWWWWW)1 OVERALL SITE PLAN SCALE: 1/32" = 1'-0"ERS-1N 0 32'64' SHEET NUMBER JOB/DOC NO. LIC. NO. SEAL DATE SEAL EXP. DRAWN BY DWG SIZE FOUNDATIONS DIVISION of 10 CERTIFICATION 58355 11/12/2021 06/30/2022 FJZ 22 x 34 ISSUANCES NO DATE DESCRIPTION 00 11/12/21 FOR REVIEW LEGAL DISCLAIMER This drawing was produced by and remains the property of Michels Corporation (“Michels”) unless otherwise agreed to by Michels. This drawing is based upon analysis and calculations specifically associated with the project and its site conditions and should not be used to make any determinations related to other projects or sites. Any revisions of this drawing or the calculations associated with it without the prior written consent of Michels are strictly forbidden and Michels disclaims any liability whatsoever associated with such revisions or other unauthorized use of this drawing. REFERENCES This drawing may contain or be based upon drawings received from another source. Michels hereby disclaims any and all liability whatsoever to the extent caused by information of drawings received from other sources and makes no representations or warranties regarding the accuracy of such drawings or any calculations associated with such drawings. DISCIPLINE STRUCTURAL CIVIL GEOTECH DESCRIPTION DRAWING S-200 BY TUSHIE MONTGOMERY ARCHITECTS DATED 09/20/2021 DRAWINGS BY WESTWOOD DATED 09/20/2021 GEOTECHNICAL REPORT BRAUN INTERTEC DATED 11/16/2018 I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. Nathan J. Liggett 21019991.01.00 EDEN PRAIRIE, MN PARAVEL APARTMENTS PROJECT DATUM / CORRELATION 100'-0" PROJECT DATUM = 848.5' CIVIL DATUM (ALL ELEVATIONS SHOWN ARE CIVIL DATUM) 9950 73rd St NE Otsego, MN 55362 763.270.5064 www.michels.us ERS-1 1 OVERALL ERS LAYOUT PLAN 3 ERS-4 1 ERS-2 2 ERS-3 LIST OF DRAWINGS ERS-1 OVERALL SITE PLAN ERS-2 ENLARGED PLAN 1 ERS-3 ENLARGED PLAN 2 ERS-4 ENLARGED PLAN 3 ERS-5 SECTIONS ERS-6 SECTIONS ERS-7 SECTIONS ERS-8 SECTIONS ERS-9 SECTIONS ERS-10 DETAILS AND SCHEDULES GENERAL NOTES 1. LOCATE ALL UTILITIES PRIOR TO STARTING WORK. RELOCATE AS REQUIRED. MATERIAL PROPERTIES SHEETING:ASTM A572, GR. 50 HP-SHAPES:ASTM A572, GR. 50 CHANNELS:ASTM A572, GR. 50 PLATE STEEL: ASTM A36 TIMBER LAGGING: MIXED HARDWOOD (Fb = 1000 PSI, MIN) GROUT:F'c = 4000 PSI @ 28-DAYS F'c = 1500 [SO @ 3-DAYS WELDS:E70XX PER AWS D1.1 HOLLOW BAR: PER MANUFACTURES SPECIFICATIONS EXHIBIT A 2C1.9CDC.7FC GC 1C 1D 2D 3D 5D 6D 7D FD HC IC 4D ED 1D 2D 9E FD B/FTG 822.17' B/FTG 825.0' B/FTG 824.33' B/FTG 824.33' B/FTG 824.33' B/FTG 821.0'B/FTG 818.67' B/FTG 821.83'B/FTG 824.83'B/FTG 823.67'B/FTG 824.50'CONTRACTOR TO CONTINUE OPEN CUT EXCAVATION T/SLOPE = 840'T/SLOPE = 839' T/SLOPE = 841' T/SLOPE = 842' T/SLOPE = 843' T/SLOPE = 844' 79'-2" WF P Z C - 1 8 S H E E T I N G x 2 0 ' - 0 " L O N G T/SHEET = 8 2 9 ' B/ SLOPE = 8 2 8 ' B/EXC. = 8 2 4 ' ( M A X ) 52'-03 4" WF P Z C - 1 8 S H E E T I N G x 2 6 ' - 0 " L O N G T/SHE E T = 8 2 6 ' B/SLO P E = 8 2 5 ' B/EXC. = 8 1 8 . 5 ' ( M A X )25'-3"19'-0"12'-4"1 2 ' - 0 "3'-6"5'-0"5'-0"2'-10" 2 7 ' - 0 1 8"31'-1112"27'-418"2'-958"22'-13 4" 835 836 837 838 839 840 841 842 843 834 835836WWWWWWWW)W W W W W W W W W W W W W WWWWWWWWWWWWWWWW ) )WWWWWWWWWWWWWWWWEXISTING FIRE HYDRANT TO BE REMOVED EXISTING WATER LINE TO REMAIN. LOCATED APPROX. 7' BELOW EX. GRADE 5'-111 4" WATER LINE LATERAL TO BE REMOVED AS REQUIRED WATER LINE LATERAL T O BE REMOVED AS RE QUIRED SEWER LATERAL T O BEREMOVED AS RE QUIRED PROPERTY LINE PROPERTY LINE 1 ENLARGED PLAN SCALE: 1/8" = 1'-0"ERS-2N 0 8'16'SHEET NUMBER JOB/DOC NO. LIC. NO. SEAL DATE SEAL EXP. DRAWN BY DWG SIZE FOUNDATIONS DIVISION of 10 CERTIFICATION 58355 11/12/2021 06/30/2022 FJZ 22 x 34 ISSUANCES NO DATE DESCRIPTION 00 11/12/21 FOR REVIEW LEGAL DISCLAIMER This drawing was produced by and remains the property of Michels Corporation (“Michels”) unless otherwise agreed to by Michels. This drawing is based upon analysis and calculations specifically associated with the project and its site conditions and should not be used to make any determinations related to other projects or sites. Any revisions of this drawing or the calculations associated with it without the prior written consent of Michels are strictly forbidden and Michels disclaims any liability whatsoever associated with such revisions or other unauthorized use of this drawing. REFERENCES This drawing may contain or be based upon drawings received from another source. Michels hereby disclaims any and all liability whatsoever to the extent caused by information of drawings received from other sources and makes no representations or warranties regarding the accuracy of such drawings or any calculations associated with such drawings. DISCIPLINE STRUCTURAL CIVIL GEOTECH DESCRIPTION DRAWING S-200 BY TUSHIE MONTGOMERY ARCHITECTS DATED 09/20/2021 DRAWINGS BY WESTWOOD DATED 09/20/2021 GEOTECHNICAL REPORT BRAUN INTERTEC DATED 11/16/2018 I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. Nathan J. Liggett 21019991.01.00 EDEN PRAIRIE, MN PARAVEL APARTMENTS PROJECT DATUM / CORRELATION 100'-0" PROJECT DATUM = 848.5' CIVIL DATUM (ALL ELEVATIONS SHOWN ARE CIVIL DATUM) 9950 73rd St NE Otsego, MN 55362 763.270.5064 www.michels.us ERS-2 2 ENLARGED PLAN 1 . A ERS-5 . B ERS-5 PLAN NOTES 1.ALL PRE-CUT EXCAVATIONS TO BE SLOPED AT 1.5H:1.0V OR SHALLOWER. 2.DO NOT EXCEED MAXIMUM BOTTOM OF EXCAVATION ELEVATIONS DETAILED ON THE PLANS. IF EXCAVATIONS ARE REQUIRED TO EXTEND BELOW THIS ELEVATION, NOTIFY THE ENGINEER. 3.VERIFY EXISTING ELEVATIONS LISTED FOR THE TOP OF PRE-CUT SLOPES IN FIELD. NOTIFY ENGINEEER IF DISCREPENCIES ARE FOUND. GA S GA S GA S GA S GA S GA S GA S GA S GA S PB 2C 5C3C4C 6C 7C 8C1.9C ECFCGC1C 2CADCDED6D7D BDFDHCIC 1. 9C B / F TG 8 2 1 . 0 ' B / F TG 8 1 8 . 6 7 ' B / F TG 8 2 0 . 8 3 ' B / F TG 8 2 5 . 0 ' B / F TG 8 1 8 . 6 7 ' B / F TG 8 2 1 . 8 3 ' B/FTG 824.83' B/FTG 823.67' B/FTG 824.50'B/FTG 823.67' B/FTG 823.67' B/FTG 822.67' B/FTG 820.5' B/FTG 823.67' B/FTG 823.17' B/FTG 818.67' B/FTG 818.67' B/FTG 819.0' T / S LO P E = 8 4 4 ' T/ SLOPE = 845' T/ SLOPE = 846'T/ SLOPE = 847' B/SLOPE = 833'B/SLOPE = 835' T/ SLOPE = 847' T1 T2 T3 T4 T5 T6 T7 T8 T9 T10 T11 45'-10" WF PZC-18 SHEETING x 28' LONG T/SHEET = 833' B/ SLOPE = 832' B/EXC. = 823.67' (MAX)12'-0"3'-6" 5'-0"2' -10 "4'-8"4'-3"12'-0"27'-018"31'-1 1 1 2 "50'-0" WF PZC-18 SHEETING x 23' LONG T/SHEET = 834' B/ SLOPE = 833' B/EXC. = 820.5' (MAX) 33'-4" WF PZC-18 SHEETING x 27' LONG T/SHEET = 835' B/ SLOPE = 834' B/EXC. = 818.5' (MAX) 16'-6" WF HP14X73 PILES @ 5'-6" CTS. SEE SOLDIER PILE SCHEDULE FOR DETAILS20'-4"19'-934"2'-9 5 8 "22'-134" 8 4 3 835 836 837 838 839 840 841 842 843 844 845 846 847 WALE (TYP.) 8'-4" (TYP.) TIEBACK (TYP.) )))))))))))))))))))) W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W ))))))))))W)) )))WWWWWWWWWWW)))))W)) WATER LINE AT 7' BELOW EXISTING GRADE10'-0" (MAX)P1 P2 P3 P4 20'-4"E X I S T I NG F IR E H YDR AN T TO B E R EMO V E D 36'-21 8 " WF PZC - 1 8 S H E E T I N G , 26' LONG T/SHEET = 8 2 7 ' B/ SLOPE = 8 2 6 B/EXC. = 8 1 8 . 5 ' ( M A X )WA T ER L IN E L A T E R A L TO B E R EMO V ED A S R EQ U IR ED WATER LINE LATERAL TO BE REMOVED AS REQUIRED SEWER LATERAL TO BE REMOVED AS REQUIRED LOWER WALE AT T11 SPANNING BTWN PILES P1 AND P2 AT EL. 833.0' UPPER WALE AT T12 AND T13 SPANNING BTWN PILES P2 AND P4 AT EL. 839.0' T12 T13 36'-5"PROPERTY LINE PROPERTY LINE 2 ENLARGED PLAN SCALE: 1/8" = 1'-0"ERS-3N 0 8'16' SHEET NUMBER JOB/DOC NO. LIC. NO. SEAL DATE SEAL EXP. DRAWN BY DWG SIZE FOUNDATIONS DIVISION of 10 CERTIFICATION 58355 11/12/2021 06/30/2022 FJZ 22 x 34 ISSUANCES NO DATE DESCRIPTION 00 11/12/21 FOR REVIEW LEGAL DISCLAIMER This drawing was produced by and remains the property of Michels Corporation (“Michels”) unless otherwise agreed to by Michels. This drawing is based upon analysis and calculations specifically associated with the project and its site conditions and should not be used to make any determinations related to other projects or sites. Any revisions of this drawing or the calculations associated with it without the prior written consent of Michels are strictly forbidden and Michels disclaims any liability whatsoever associated with such revisions or other unauthorized use of this drawing. REFERENCES This drawing may contain or be based upon drawings received from another source. Michels hereby disclaims any and all liability whatsoever to the extent caused by information of drawings received from other sources and makes no representations or warranties regarding the accuracy of such drawings or any calculations associated with such drawings. DISCIPLINE STRUCTURAL CIVIL GEOTECH DESCRIPTION DRAWING S-200 BY TUSHIE MONTGOMERY ARCHITECTS DATED 09/20/2021 DRAWINGS BY WESTWOOD DATED 09/20/2021 GEOTECHNICAL REPORT BRAUN INTERTEC DATED 11/16/2018 I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. Nathan J. Liggett 21019991.01.00 EDEN PRAIRIE, MN PARAVEL APARTMENTS PROJECT DATUM / CORRELATION 100'-0" PROJECT DATUM = 848.5' CIVIL DATUM (ALL ELEVATIONS SHOWN ARE CIVIL DATUM) 9950 73rd St NE Otsego, MN 55362 763.270.5064 www.michels.us ERS-3 3 ENLARGED PLAN 2 . SIM B ERS-5 . C ERS-6 . D ERS-6 . E ERS-7 PLAN NOTES 1.ALL PRE-CUT EXCAVATIONS TO BE SLOPED AT 1.5H:1.0V OR SHALLOWER. 2.DO NOT EXCEED MAXIMUM BOTTOM OF EXCAVATION ELEVATIONS DETAILED ON THE PLANS. IF EXCAVATIONS ARE REQUIRED TO EXTEND BELOW THIS ELEVATION, NOTIFY THE ENGINEER. 3.VERIFY EXISTING ELEVATIONS LISTED FOR THE TOP OF PRE-CUT SLOPES IN FIELD. NOTIFY ENGINEEER IF DISCREPENCIES ARE FOUND. . F ERS-7 >>>E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E 8A9A3B4B5B6B7B8BABBBCBDBEBFBGBHB3B4B5B6B7BMBPBKBACCCDCECFCGC5CHCIC4C6C7C8CHBJBLBOBADB/FTG826.0'B/FTG825.67'B/FTG822.83'B/FTG821.0'B/FTG825.0'B/FTG823.0'B/FTG824.5'B/FTG824.33'B/FTG821.0'B/FTG818.67'B/FTG820.83'B/FTG825.0'B/FTG822.67'B/FTG820.5'B/FTG823.67'B/FTG823.17'B/FTG818.67'B/FTG818.67'B/FTG819.0'B/FTG826.17'B/FTG826.0'B/FTG825.67'T/SLOPE = 845.0'TOP OF SLOPE AT EDGE OF EX. SIDEWALK EXISTING ELECTRIC LINE TO BE RELOCATED BASE OF PRE-CUT SLOPE OPEN CUT EXCAVATION BY OTHERS T/SLOPE = 838.0' OR LESS T14T15T16T17 T18 T19 T20 T21 T24T25T27T28T29T30T31T32T33 T36 T37 T38T39T40T41T42T43T44 T26 T/SLOPE = 845.0' T/SLOPE = 846.0' T/SLOPE = 846.0' TIEBACK ANCHOR (TYP.) 45'-10" WF PZC-1 8 S H E E T I N G x 2 2 ' - 0 " L O N G T/ SLOPE = ±845. 0 ' B/ SLOPE = 838.0 ' T/ SHEET = 839. 0 ' B/EXC. = 825.5' ( M A X ) 49'-10" WF PZC- 1 8 S H E E T I N G X 2 8 ' - 0 " L O N G T/ SLOPE = ±845 . 0 ' B/ SLOPE = 838. 0 ' T/SHEET = 839.0 ' B/EXC. = 821.0' ( M A X ) 12'-6" 87'-6" WF PZC-18 SHEETING X 24'-0" LONG T/ SLOPE = ±845.0' B/ SLOPE = 837.0' T/SHEET = 838.0' B/EXC. = 823.0' (MAX) 22'-0" WF HP 14X73 PILES @ 5'-6" CTS. SEE SOLIDER PILE SCHEDULE FOR DETAILS 33'-0" W F H P 1 4 X 7 3 P I L E S @ 5 ' - 6 " C T S SEE SO L D I E R P I L E S C H E D U L E F O R D E T A I L S10'-6"5'-934"10'-5"12'-2"13'-3"7'-73 4"4'-618"6'-418" 13'-15 8"5'-3"6'-0"2'-8"2'-0"838 839 840 841 842 843 844 84 6 84 5 8'-4" 5'-6" 5'-6" CONTRACTOR TO CONTINUE OPEN CUT EXCAVATION TIEBACK ANCHOR (TYP.) WALE (TYP) WALE (TYP)WWWWWWWWWW)))))))))EX. HYDRANT TO REMAIN P5P6P7P8P9P10 P11 P12 P13 P14 P15 P16P17P18P19 1'-6" 11'-0" WF HP14X73 PILES @ 5'-6" CTS. SEE SOLDIER PILE SCHEDULE FOR DETAILS 9'-0"T22 T23 T34T35 T45T46 PROPERTY LINE PROPERTY LINE 3 ENLARGED PLAN SCALE: 3/32" = 1'-0"ERS-4N 0 10'-8"21'-4" SHEET NUMBER JOB/DOC NO. LIC. NO. SEAL DATE SEAL EXP. DRAWN BY DWG SIZE FOUNDATIONS DIVISION of 10 CERTIFICATION 58355 11/12/2021 06/30/2022 FJZ 22 x 34 ISSUANCES NO DATE DESCRIPTION 00 11/12/21 FOR REVIEW LEGAL DISCLAIMER This drawing was produced by and remains the property of Michels Corporation (“Michels”) unless otherwise agreed to by Michels. This drawing is based upon analysis and calculations specifically associated with the project and its site conditions and should not be used to make any determinations related to other projects or sites. Any revisions of this drawing or the calculations associated with it without the prior written consent of Michels are strictly forbidden and Michels disclaims any liability whatsoever associated with such revisions or other unauthorized use of this drawing. REFERENCES This drawing may contain or be based upon drawings received from another source. Michels hereby disclaims any and all liability whatsoever to the extent caused by information of drawings received from other sources and makes no representations or warranties regarding the accuracy of such drawings or any calculations associated with such drawings. DISCIPLINE STRUCTURAL CIVIL GEOTECH DESCRIPTION DRAWING S-200 BY TUSHIE MONTGOMERY ARCHITECTS DATED 09/20/2021 DRAWINGS BY WESTWOOD DATED 09/20/2021 GEOTECHNICAL REPORT BRAUN INTERTEC DATED 11/16/2018 I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. Nathan J. Liggett 21019991.01.00 EDEN PRAIRIE, MN PARAVEL APARTMENTS PROJECT DATUM / CORRELATION 100'-0" PROJECT DATUM = 848.5' CIVIL DATUM (ALL ELEVATIONS SHOWN ARE CIVIL DATUM) 9950 73rd St NE Otsego, MN 55362 763.270.5064 www.michels.us ERS-4 4 ENLARGED PLAN 3 . G ERS-8 . H ERS-8 . I ERS-9 . J ERS-9 PLAN NOTES 1.ALL PRE-CUT EXCAVATIONS TO BE SLOPED AT 1.5H:1.0V OR SHALLOWER. 2.DO NOT EXCEED MAXIMUM BOTTOM OF EXCAVATION ELEVATIONS DETAILED ON THE PLANS. IF EXCAVATIONS ARE REQUIRED TO EXTEND BELOW THIS ELEVATION, NOTIFY THE ENGINEER. 3.VERIFY EXISTING ELEVATIONS LISTED FOR THE TOP OF PRE-CUT SLOPES IN FIELD. NOTIFY ENGINEEER IF DISCREPENCIES ARE FOUND. T/ SHEET EL. = 829.0' 1.5 1.0 PZC-18 SHEETING x 20'-0" LONG B/ SLOPE EL. = ±828.0' T/ SLOPE EL. VARIES (SEE PLAN) B/ SHEET EL. = 809.0' PROPOSED FOOTING B/EXC EL. VARIES (824.0' MAX) VARIES (SEE PLAN) (MAX) 2'-0" ⅊ VARIES - SEE PLAN T/ SHEET EL. = SEE PLAN 1.5 1.0 PZC-18 SHEETING x 26'-0" LONG B/ SLOPE EL. = SEE PLAN B/ SHEET EL. = 800.0' PROPOSED FOOTING B/EXC EL. VARIES (818.5' MAX) VARIES (SEE PLAN) (MAX) T/ SLOPE EL. VARIES (SEE PLAN) 2'-0" ⅊ VARIES - SEE PLAN A SECTION SCALE: 1/4" = 1'-0"ERS-5 SHEET NUMBER JOB/DOC NO. LIC. NO. SEAL DATE SEAL EXP. DRAWN BY DWG SIZE FOUNDATIONS DIVISION of 10 CERTIFICATION 58355 11/12/2021 06/30/2022 FJZ 22 x 34 ISSUANCES NO DATE DESCRIPTION 00 11/12/21 FOR REVIEW LEGAL DISCLAIMER This drawing was produced by and remains the property of Michels Corporation (“Michels”) unless otherwise agreed to by Michels. This drawing is based upon analysis and calculations specifically associated with the project and its site conditions and should not be used to make any determinations related to other projects or sites. Any revisions of this drawing or the calculations associated with it without the prior written consent of Michels are strictly forbidden and Michels disclaims any liability whatsoever associated with such revisions or other unauthorized use of this drawing. REFERENCES This drawing may contain or be based upon drawings received from another source. Michels hereby disclaims any and all liability whatsoever to the extent caused by information of drawings received from other sources and makes no representations or warranties regarding the accuracy of such drawings or any calculations associated with such drawings. DISCIPLINE STRUCTURAL CIVIL GEOTECH DESCRIPTION DRAWING S-200 BY TUSHIE MONTGOMERY ARCHITECTS DATED 09/20/2021 DRAWINGS BY WESTWOOD DATED 09/20/2021 GEOTECHNICAL REPORT BRAUN INTERTEC DATED 11/16/2018 I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. Nathan J. Liggett 21019991.01.00 EDEN PRAIRIE, MN PARAVEL APARTMENTS PROJECT DATUM / CORRELATION 100'-0" PROJECT DATUM = 848.5' CIVIL DATUM (ALL ELEVATIONS SHOWN ARE CIVIL DATUM) 9950 73rd St NE Otsego, MN 55362 763.270.5064 www.michels.us ERS-5 5 SECTIONS B SECTION SCALE: 1/4" = 1'-0"ERS-5 T/ SHEET EL. = 833.0' 1.5 1.0 PZC-18 SHEETING x 28'-0" LONG B/ SLOPE EL. = ±832.0' B/ SHEET EL. = 805.0' PROPOSED FOOTING B/EXC EL. VARIES (823.67' MAX) VARIES (SEE PLAN) (MAX) T/ SLOPE EL. = ±846' EXISTING CURB TO REMAIN ±24'-0" (MIN.) 2'-0" ⅊ VARIES - SEE PLAN T/ SHEET EL. = 834.0' 1.5 1.0 PZC-18 SHEETING x 26'-0" LONG B/ SLOPE EL. = 833.0' B/ SHEET EL. = 808.0' PROPOSED FOOTING B/EXC EL. VARIES (820.5' MAX) WEDGE PLATE, SEE SCHEDULE FOR THICKNESS (ONE AT EACH SINGLE SHEET)8"ØDBL CHANNEL WALE (SEE SCHEDULE FOR SIZE) TIEBACK EL. = 829.0' VARIES (SEE PLAN) (MAX) T/ SLOPE EL. = ±846' EXISTING WATER LINE EL. = ±838.5' 14'-6" (MIN.) 10'-0" U N B O N D E D 28'-0" B O N D E D EX. SEWER LINE EL. = ±830.0' 20°11'-10" (M IN .) HOLLOW BAR TIEBACK, SEE SCHEDULE 2'-0" ±23'-0" (MIN) EXISTING CURB TO REMAIN ±36'-6" (MIN) ⅊ VARIES - SEE PLAN SHEET NUMBER JOB/DOC NO. LIC. NO. SEAL DATE SEAL EXP. DRAWN BY DWG SIZE FOUNDATIONS DIVISION of 10 CERTIFICATION 58355 11/12/2021 06/30/2022 FJZ 22 x 34 ISSUANCES NO DATE DESCRIPTION 00 11/12/21 FOR REVIEW LEGAL DISCLAIMER This drawing was produced by and remains the property of Michels Corporation (“Michels”) unless otherwise agreed to by Michels. This drawing is based upon analysis and calculations specifically associated with the project and its site conditions and should not be used to make any determinations related to other projects or sites. Any revisions of this drawing or the calculations associated with it without the prior written consent of Michels are strictly forbidden and Michels disclaims any liability whatsoever associated with such revisions or other unauthorized use of this drawing. REFERENCES This drawing may contain or be based upon drawings received from another source. Michels hereby disclaims any and all liability whatsoever to the extent caused by information of drawings received from other sources and makes no representations or warranties regarding the accuracy of such drawings or any calculations associated with such drawings. DISCIPLINE STRUCTURAL CIVIL GEOTECH DESCRIPTION DRAWING S-200 BY TUSHIE MONTGOMERY ARCHITECTS DATED 09/20/2021 DRAWINGS BY WESTWOOD DATED 09/20/2021 GEOTECHNICAL REPORT BRAUN INTERTEC DATED 11/16/2018 I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. Nathan J. Liggett 21019991.01.00 EDEN PRAIRIE, MN PARAVEL APARTMENTS PROJECT DATUM / CORRELATION 100'-0" PROJECT DATUM = 848.5' CIVIL DATUM (ALL ELEVATIONS SHOWN ARE CIVIL DATUM) 9950 73rd St NE Otsego, MN 55362 763.270.5064 www.michels.us ERS-6 6 SECTIONS C SECTION SCALE: 1/4" = 1'-0"ERS-6 D SECTION SCALE: 1/4" = 1'-0"ERS-6 T/ SHEET EL. = 835.0' 1.5 1.0 PZC-18 SHEETING x 26'-0" LONG B/ SLOPE EL. = 834.0' B/ SHEET EL. = 808.0' PROPOSED FOOTING B/EXC EL. VARIES (818.5' MAX) WEDGE PLATE, SEE SCHEDULE FOR THICKNESS (ONE AT EACH SINGLE SHEET) DBL CHANNEL WALE (SEE SCHEDULE FOR SIZE) TIEBACK EL. = 829.0' VARIES (SEE PLAN) (MAX) T/ SLOPE EL. VARIES (SEE PLAN) EXISTING WATER LINE EL. = ±839.5' 10'-6" (MIN.) EX. SEWER LINE EL. = ±830.0' 10'-0" U N B O N D E D 36'-0" B O N D E D HOLLOW BAR TIEBACK, SEE SCHEDULE 20°11'-8" (M IN)8"Ø±25'-0" (MIN.) 2'-0" EXISTING CURB TO REMAIN ±36'-0" (MIN) ⅊ VARIES - SEE PLAN T/ PILE EL. VARIES (SEE SCHEDULE) 1.5 1.0 HP14x73 SOLDIER PILE (SEE SCHEDULE) B/ SLOPE EL. VARIES (SEE SCHEDULE) B/ PILE EL. = SEE SCHEDULE PROPOSED FOOTING B/EXC EL. VARIES (SEE SCHEDULE) WEDGE PLATE, SEE SCHEDULE FOR THICKNESS (ONE AT EACH PILE, CENTERED ON PILE WEB) DBL CHANNEL WALE (TYP.) (SEE SCHEDULE FOR SIZE) TIEBACK T12 - T13 EL. = 836.0' VARIES (SEE PLAN) T/ SLOPE EL. = ±847' (MAX) 3" TIMBER LAGGING 8"Ø TIEBACK T11 EL. = 830.0' EXISTING WATER LINE EL. = ±839.5' EX. SEWER LINE EL. = ±830.0' HOLLOW BAR TIEBACK, SEE SCHEDULE 8"Ø30°30°±36'-0" (MIN.) 8'-6" (MIN.) FRE E L E N G T H ( S E E S C H E D U L E) BON D E D L E N G T H ( S E E S C H E D U L E) 2'-0" LOWER WALE SPANS BETWEEN PILES P1 AND P2 VARIES - SEE PLAN ⅊ SHEET NUMBER JOB/DOC NO. LIC. NO. SEAL DATE SEAL EXP. DRAWN BY DWG SIZE FOUNDATIONS DIVISION of 10 CERTIFICATION 58355 11/12/2021 06/30/2022 FJZ 22 x 34 ISSUANCES NO DATE DESCRIPTION 00 11/12/21 FOR REVIEW LEGAL DISCLAIMER This drawing was produced by and remains the property of Michels Corporation (“Michels”) unless otherwise agreed to by Michels. This drawing is based upon analysis and calculations specifically associated with the project and its site conditions and should not be used to make any determinations related to other projects or sites. Any revisions of this drawing or the calculations associated with it without the prior written consent of Michels are strictly forbidden and Michels disclaims any liability whatsoever associated with such revisions or other unauthorized use of this drawing. REFERENCES This drawing may contain or be based upon drawings received from another source. Michels hereby disclaims any and all liability whatsoever to the extent caused by information of drawings received from other sources and makes no representations or warranties regarding the accuracy of such drawings or any calculations associated with such drawings. DISCIPLINE STRUCTURAL CIVIL GEOTECH DESCRIPTION DRAWING S-200 BY TUSHIE MONTGOMERY ARCHITECTS DATED 09/20/2021 DRAWINGS BY WESTWOOD DATED 09/20/2021 GEOTECHNICAL REPORT BRAUN INTERTEC DATED 11/16/2018 I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. Nathan J. Liggett 21019991.01.00 EDEN PRAIRIE, MN PARAVEL APARTMENTS PROJECT DATUM / CORRELATION 100'-0" PROJECT DATUM = 848.5' CIVIL DATUM (ALL ELEVATIONS SHOWN ARE CIVIL DATUM) 9950 73rd St NE Otsego, MN 55362 763.270.5064 www.michels.us ERS-7 7 SECTIONS E SECTION SCALE: 1/4" = 1'-0"ERS-7 F SECTION SCALE: 1/4" = 1'-0"ERS-7 T/ PILE EL. VARIES (SEE SCHEDULE) 1.5 1.0 HP14x73 SOLDIER PILE (SEE SCHEDULE) B/ SLOPE EL. VARIES (SEE SCHEDULE) B/ PILE EL. = SEE SCHEDULE PROPOSED FOOTING B/EXC EL. VARIES (SEE SCHEDULE) WEDGE PLATE, SEE SCHEDULE FOR THICKNESS (ONE AT EACH PILE, CENTERED ON PILE WEB) DBL CHANNEL WALE (TYP.) (SEE SCHEDULE FOR SIZE) TIEBACK T14 - T17 EL. = 836.0' VARIES (SEE PLAN) T/ SLOPE EL. = ±846' (MAX) 3" TIMBER LAGGING 8"Ø30°FRE E L E N G T H ( S E E S C H E D U L E) BON D E D L E N G T H ( S E E S C H E D U L E) 2'-0"EXISTING CURB OF PRAIRIE CENTER DRIVE ±28'-6" (MIN) ⅊ ±6'-9" (MIN) T/ SHEET EL. = 838.0' 1.5 1.0 PZC-18 SHEETING x 24'-0" LONG B/ SLOPE EL. = ±837.0' B/ SHEET EL. = 814.0' B/EXC EL. VARIES (823.0' MAX) DBL CHANNEL WALE (SEE SCHEDULE FOR SIZE) TIEBACK T26 TO T35 EL. = 833.0' VARIES (SEE PLAN) (MAX) T/ SLOPE EL. = ±845' PROPOSED FOOTING WEDGE PLATE, SEE SCHEDULE FOR THICKNESS (ONE AT EACH SINGLE SHEET) EXISTING SIDEWALK TO REMAIN 10'-0" U N B O N D E D 25'-0" B O N D E D HOLLOW BAR TIEBACK, SEE SCHEDULE 20°8"ØEXISTING CURB OF PRAIRIE CENTER DRIVE 12'-2" 2'-0" ±33'-0" ⅊ VARIES - SEE PLAN SHEET NUMBER JOB/DOC NO. LIC. NO. SEAL DATE SEAL EXP. DRAWN BY DWG SIZE FOUNDATIONS DIVISION of 10 CERTIFICATION 58355 11/12/2021 06/30/2022 FJZ 22 x 34 ISSUANCES NO DATE DESCRIPTION 00 11/12/21 FOR REVIEW LEGAL DISCLAIMER This drawing was produced by and remains the property of Michels Corporation (“Michels”) unless otherwise agreed to by Michels. This drawing is based upon analysis and calculations specifically associated with the project and its site conditions and should not be used to make any determinations related to other projects or sites. Any revisions of this drawing or the calculations associated with it without the prior written consent of Michels are strictly forbidden and Michels disclaims any liability whatsoever associated with such revisions or other unauthorized use of this drawing. REFERENCES This drawing may contain or be based upon drawings received from another source. Michels hereby disclaims any and all liability whatsoever to the extent caused by information of drawings received from other sources and makes no representations or warranties regarding the accuracy of such drawings or any calculations associated with such drawings. DISCIPLINE STRUCTURAL CIVIL GEOTECH DESCRIPTION DRAWING S-200 BY TUSHIE MONTGOMERY ARCHITECTS DATED 09/20/2021 DRAWINGS BY WESTWOOD DATED 09/20/2021 GEOTECHNICAL REPORT BRAUN INTERTEC DATED 11/16/2018 I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. Nathan J. Liggett 21019991.01.00 EDEN PRAIRIE, MN PARAVEL APARTMENTS PROJECT DATUM / CORRELATION 100'-0" PROJECT DATUM = 848.5' CIVIL DATUM (ALL ELEVATIONS SHOWN ARE CIVIL DATUM) 9950 73rd St NE Otsego, MN 55362 763.270.5064 www.michels.us ERS-8 8 SECTIONS G SECTION SCALE: 1/4" = 1'-0"ERS-8 H SECTION SCALE: 1/4" = 1'-0"ERS-8 T/ SHEET EL. = 839.0' 1.5 1.0 PZC-18 SHEETING x 28'-0" LONG B/ SLOPE EL. = ±838.0' B/ SHEET EL. = 811.0' B/EXC EL. VARIES (821.0' MAX) DBL CHANNEL WALE (SEE SCHEDULE FOR SIZE) TIEBACK T38 AND T39 EL. = 833.0' VARIES (SEE PLAN) (MAX) PROPOSED FOOTING T/ SLOPE EL. = ±845.0' WEDGE PLATE, SEE SCHEDULE FOR THICKNESS (ONE AT EACH SINGLE SHEET) EXISTING SIDEWALK TO REMAIN 10'-0" U N B O N D E D 34'-0" B O N D E D HOLLOW BAR TIEBACK, SEE SCHEDULE 20°8"Ø±33'-0" 2'-0" 10'-5"EXISTING CURB OF PRAIRIE CENTER DRIVE ⅊ VARIES - SEE PLAN T/ SHEET EL. = 839.0' 1.5 1.0 PZC-18 SHEETING x 22'-0" LONG B/ SLOPE EL. = ±838.0' B/ SHEET EL. = 817.0' B/EXC EL. VARIES (825.5' MAX) DBL CHANNEL WALE (SEE SCHEDULE FOR SIZE) TIEBACK EL. = 835.0' (MAX) T/ SLOPE EL. = ±845' PROPOSED FOOTING VARIES (SEE PLAN) WEDGE PLATE, SEE SCHEDULE FOR THICKNESS (ONE AT EACH SINGLE SHEET) 2'-0"10'-6" ±18'-0"±18'-0" EXISTING SIDEWALK TO REMAIN EXISTING CURB OF PRAIRIE CENTER DRIVE 10'-0" U N B O N D E D 20'-0" B O N D E D HOLLOW BAR TIEBACK, SEE SCHEDULE 20°8"Ø⅊ VARIES - SEE PLAN SHEET NUMBER JOB/DOC NO. LIC. NO. SEAL DATE SEAL EXP. DRAWN BY DWG SIZE FOUNDATIONS DIVISION of 10 CERTIFICATION 58355 11/12/2021 06/30/2022 FJZ 22 x 34 ISSUANCES NO DATE DESCRIPTION 00 11/12/21 FOR REVIEW LEGAL DISCLAIMER This drawing was produced by and remains the property of Michels Corporation (“Michels”) unless otherwise agreed to by Michels. This drawing is based upon analysis and calculations specifically associated with the project and its site conditions and should not be used to make any determinations related to other projects or sites. Any revisions of this drawing or the calculations associated with it without the prior written consent of Michels are strictly forbidden and Michels disclaims any liability whatsoever associated with such revisions or other unauthorized use of this drawing. REFERENCES This drawing may contain or be based upon drawings received from another source. Michels hereby disclaims any and all liability whatsoever to the extent caused by information of drawings received from other sources and makes no representations or warranties regarding the accuracy of such drawings or any calculations associated with such drawings. DISCIPLINE STRUCTURAL CIVIL GEOTECH DESCRIPTION DRAWING S-200 BY TUSHIE MONTGOMERY ARCHITECTS DATED 09/20/2021 DRAWINGS BY WESTWOOD DATED 09/20/2021 GEOTECHNICAL REPORT BRAUN INTERTEC DATED 11/16/2018 I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. Nathan J. Liggett 21019991.01.00 EDEN PRAIRIE, MN PARAVEL APARTMENTS PROJECT DATUM / CORRELATION 100'-0" PROJECT DATUM = 848.5' CIVIL DATUM (ALL ELEVATIONS SHOWN ARE CIVIL DATUM) 9950 73rd St NE Otsego, MN 55362 763.270.5064 www.michels.us ERS-9 9 SECTIONS I SECTION SCALE: 1/4" = 1'-0"ERS-9 J SECTION SCALE: 1/4" = 1'-0"ERS-9 BEARING PLATE (SEE SCHEDULE) WEDGE PLATE AT EACH SHEET OR CENTERED AT EACH SOLDIER PILE TEMPORARY HOLLOW BAR TIEBACK (SEE TIEBACK SCHEDULE) BACK FACE OF SHEETING OR SOLDIER PILE 14 DOUBLE CHANNEL WALE (SEE SCHEDULE) FULL HEX NUT AND WASHER (BY MANUFACTURER) FRONT FACE OF SHEETING OR SOLDIER PILE SEE SCHEDULE FOR WELD LENGTH 4" CHANNEL GAP12"1114"1'-0"70°20° WEDGE PLATE, 5 8" THICK 1/4 3 ⅊ 1/2" X 312" (MAX) @ 5' MAX SPACING DBL CHANNEL WALE 4"12"1'-218"1' -0 "60°30° WEDGE PLATE, 1" THICK SHEET NUMBER JOB/DOC NO. LIC. NO. SEAL DATE SEAL EXP. DRAWN BY DWG SIZE FOUNDATIONS DIVISION of 10 CERTIFICATION 58355 11/12/2021 06/30/2022 FJZ 22 x 34 ISSUANCES NO DATE DESCRIPTION 00 11/12/21 FOR REVIEW LEGAL DISCLAIMER This drawing was produced by and remains the property of Michels Corporation (“Michels”) unless otherwise agreed to by Michels. This drawing is based upon analysis and calculations specifically associated with the project and its site conditions and should not be used to make any determinations related to other projects or sites. Any revisions of this drawing or the calculations associated with it without the prior written consent of Michels are strictly forbidden and Michels disclaims any liability whatsoever associated with such revisions or other unauthorized use of this drawing. REFERENCES This drawing may contain or be based upon drawings received from another source. Michels hereby disclaims any and all liability whatsoever to the extent caused by information of drawings received from other sources and makes no representations or warranties regarding the accuracy of such drawings or any calculations associated with such drawings. DISCIPLINE STRUCTURAL CIVIL GEOTECH DESCRIPTION DRAWING S-200 BY TUSHIE MONTGOMERY ARCHITECTS DATED 09/20/2021 DRAWINGS BY WESTWOOD DATED 09/20/2021 GEOTECHNICAL REPORT BRAUN INTERTEC DATED 11/16/2018 I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. Nathan J. Liggett 21019991.01.00 EDEN PRAIRIE, MN PARAVEL APARTMENTS PROJECT DATUM / CORRELATION 100'-0" PROJECT DATUM = 848.5' CIVIL DATUM (ALL ELEVATIONS SHOWN ARE CIVIL DATUM) 9950 73rd St NE Otsego, MN 55362 763.270.5064 www.michels.us ERS-10 10 DETAILS AND SCHEDULES 1 DETAIL: TEMPORARY TIEBACK ANCHORAGE SCALE: 1-1/2" = 1'-0"ERS-10 TEMPORARY TIE-BACK SPECIFICATIONS: 1.TEMPORARY TIEBACKS TO CONSIST OF SELF-DRILLING HOLLOW BAR ANCHORS. 2.INSTALLATION AND TESTING SHALL BE PERFORMED IN ACCORDANCE WITH "RECOMMENDATIONS FOR PRESTRESSED ROCK AND SOIL ANCHORS" (PTI, 2014) 3.DESIGN LOAD = SEE TIE-BACK SCHEDULE 4.TEST LOAD = 1.33 x DESIGN LOAD (NOT TO EXCEED 80% OF THE ANCHOR'S GUARANTEED ULTIMATE TENSILE STRENGTH (GUTS) 5.LOCK-OFF LOAD = SEE TIE-BACK SCHEDULE 6.PERFORMANCE TEST PER PTI SPECIFICATIONS = 3 ANCHORS 7.PROOF TEST PER PTI SPECIFICATIONS = 100% OF REMAINING ANCHORS 8.WALES TO BE CONTINUOUS AT EACH TIE-BACK GROUPING DETAILED ABOVE IN THE SCHEDULE. 2 DETAIL: 20-DEG. WEDGE PLATE SCALE: 1-1/2" = 1'-0"ERS-10 4 DETAIL: DBL. CHANNEL WALE SCALE: N.T.S.ERS-10 WELD TABLE NOTE: 1."ONE SIDE ONLY" INDICATES WELDING SHOULD BE PERFORMED ON ONLY ONE SIDE OF THE WEDGE PLATE 2."EACH SIDE" INDICATES THAT WELDING SHOULD BE PERFORMED ON BOTH SIDES OF THE WEDGE PLATE. 3 DETAIL: 30-DEG. WEDGE PLATE SCALE: 1-1/2" = 1'-0"ERS-10 CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: December 7, 2021 DEPARTMENT / DIVISION: Public Works Gerald Byington / Fleet Services ITEM DESCRIPTION: Purchase and Upfitting of 2022 Ford Transit Van for Police Department ITEM NO.: VIII.M. Requested Action Move to: Authorize the purchase and upfitting of a 2022 Ford Transit Van for a cost not to exceed $100,000.00. Synopsis The City’s 2021-2030 approved Capital Improvement Plan (CIP) includes a project to purchase and upfit a new negotiations van for Police Department. This project was scheduled for 2022 with a total budget of $100,000. Approval of this item will allow the Fleet Services Division to acquire the van and begin efforts to upfit the vehicle with the necessary equipment and gear so that it will serve as a negotiations vehicle for the Police Department. Delivery of the vehicle and upfitting will not be completed until sometime in 2022 and ordering the vehicle now will allow Fleet Services to stay on track with completion in the budgeted year. The City of Eden Prairie participates in the State of Minnesota Cooperative Purchasing Venture (CPV). This enables the City to buy vehicles and equipment under the terms of contracts already negotiated by the State of Minnesota. This new negotiations van will be purchased using the State of Minnesota CPV program. Attachments • None CITY COUNCIL AGENDA SECTION: Consent Calendar DATE December 7, 2021 DEPARTMENT / DIVISION Jennifer Hassebroek Public Works/Engineering ITEM DESCRIPTION Approve amendment to 2019 Clean Water Fund Water Efficiency Grant to accept additional funds for water conservation rebate program. ITEM NO. VIII.N. Requested Action Move to: Approve amendment to 2019 Clean Water Fund Water Efficiency Grant to accept additional funds for water conservation rebate program. Synopsis To ensure adequate funds to support the City’s water conservation rebate programs the City has requested and been rewarded an additional $7,000 in funds from the Metropolitan Council, bringing the overall grant total to $44,300. Background In 2019, the City of Eden Prairie received a grant from the Metropolitan Council for $37,300 to support installation of smart irrigation controllers and spray bodies to improve water conservation in the community. The grant requires a 25% match from the City and the current grant period ends June 30, 2022. It is anticipated that a new round of grant funding will be made available to communities beginning in July 2022. Due to strong interest from the community the initial grant fund has been significantly reduced. To ensure the continued availability of the rebate program through next spring and early summer, which is typically when the City receives the most rebate applications, the City requested additional funds for the program. The Metropolitan Council was able to re-allocate funds that were not being utilized by another community to Eden Prairie. Attachments • Metropolitan Council Clean Water Fund Agreement No. SG-13453 • Exhibit C, Revision #1 – Grant Amendment Form METROPOLITAN COUNCIL CLEAN WATER FUND GRANT AGREEMENT NO. SG-13453 This Clean Water Fund Grant Agreement ("Grant Agreement") is entered into between the Metropolitan Council, a public corporation and political subdivision of the State of Minnesota ("Council") and the City of Eden Prairie, a municipal corporation ("Grantee"). RECITALS 1. Minnesota Session Laws 2019, 1st Special Session, chapter 2, article 2, section 9, appropriated to the Council funds from the Legacy Amendment's Clean Water Fund ("Clean Water Fund") for State fiscal years 2020 and 2021, to establish a water demand reduction grant program that encourages implementation of water demand reduction measures in municipalities in the seven-county metropolitan area. 2. The Council is authorized by Minnesota Statutes sections 473.129, subdivision 4 to apply for and use grants from the State for any Metropolitan Council purpose and may dispose of the money in accordance with the terms of the appropriation. 3. The Grantee is authorized to receive grants from the Clean Water Fund to protect, enhance and restore water quality in lakes, rivers and streams, to protect groundwater from degradation and protect drinking water sources by encouraging implementation of water demand reduction measures by municipalities in the seven-county metropolitan area to ensure reliability and protection of drinking water supplies. 4. On July 10, 2019, the Council authorized the granting of portions of the appropriation to the Grantees participating in the grant program. 5. The Grantee represents that it is duly qualified and agrees to perform all services described in this Grant Agreement to the reasonable satisfaction of the Council. 1. Term of Grant Agreement. GRANT AGREEMENT 1.1. Effective Date. The effective date of this Grant Agreement is the date this agreement is fully executed. 1.2. Grant Activity Period. The first day of the month following the Effective Date through and including the expiration date. 1.3. Expiration Date. Upon satisfactory fulfillment of obligations, but in no event later than June 30, 2022. 1.4. Survival of Terms. The following clauses survive the expiration, termination or cancellation of this Grant Agreement; 9. Liability and Insurance; 10. Audits; 11. Government Data Practices; 13. Data Availability; 14. Governing Law, Jurisdiction and Venues; 16. Data Disclosure; 18. Future Eligibility. 2. Duties, Representations and Warranties of Grantee and Use of Grant Funds. 2.1. The Grantee agrees to conduct, administer and complete in a satisfactory manner and in accordance with the terms and conditions of this Grant Agreement the program ("Grantee Program") which is described in Grantee's application to Council for assistance under the Council's Clean Water Fund grant program. Grantee's application is incorporated into this Grant Agreement as Exhibit A. Grantee agrees to perform the Grantee Program in accordance with the timeline in Exhibit B of this Grant Agreement and to undertake the financial responsibilities described in Exhibit B. The Grantee has the responsibility and obligation to complete the Grantee Program as described in Exhibit B. The Council makes no representation or warranties with respect to the success and effectiveness of the Grantee Program. The Council acknowledges that Grantee Program work may be limited to soliciting participation by its residents and businesses in the Grantee Program and requires additional work by the Grantee only to the extent that residents and businesses choose to participate in the Grantee Program, as described in Exhibit B. The Grant Funds must be entirely passed through and can only be used for authorized rebates or grants for qualifying activities. 2.2. Grantee Representations and Warranties. The Grantee represents and warrants to Council, as follows: A. It has the legal authority to enter into this Grant Agreement and to conduct and administer the Grantee Program and use the Grant Funds for the purpose or purposes described in this Agreement B. It has taken all actions necessary for its execution of the Agreement and has provided to Council a copy of the resolution by its governing body authorizing Grantee to enter into this Agreement. C. It has the legal authority to undertake the Clean Water Fund Grant Program, including the Grantee's financial responsibilities in Exhibit B D. As specified in Exhibit A only Grantee's authorized representative may provide certifications required in this Grant Agreement and submit pay claims for reimbursement of Grantee Program costs. E. It will comply with all the terms of this Agreement. F. It will comply with all requirements of Clean Water Funding legislation and appropriations, except for requirements that this Grant Agreement explicitly states will be handled by the Council. G. It has made no material false statement or misstatement of fact in connection with the Grant Funds, and all of the information it has submitted or will submit to the Council relating to the Grant Funds or the disbursement of any of the Grant Funds is and will be true and correct. It agrees that all representations contained in its application for the Clean Water Fund Grant are material representations of fact upon which the Council relied in awarding this Grant and are incorporated into this Agreement by reference. H. It is not in violation of any provisions of its charter or of the laws of the State of Minnesota, and there are no material actions, suits, or proceedings pending, or to its knowledge threatened, before any judicial body or governmental authority against or affecting it and is not in default with respect to any order, writ, injunction, decree, or demand of any court or any governmental authority which would impair its ability to enter into this Grant Agreement, or to perform any of the acts required of it in the Agreement. 2 I. Compliance with the requirements of this Grant Agreement is not prevented by, is a breach of, or will result in a breach of, any term, condition, or provision of any agreement to which it is bound. J. The Grantee Program will not violate any applicable zoning or use statute, ordinance, building code, rule or regulation, or any covenant or agreement of record relating thereto. K. The Grantee Program will be conducted in full compliance with all applicable laws, statutes, rules, ordinances, and regulations issued by any federal, state, or other political subdivisions having jurisdiction over the Grantee Program. L. It will comply with the financial responsibility requirements contained in Exhibit B. M. It will furnish satisfactory evidence regarding these representations if requested by the Council. 3. Time. Grantee must comply with all time requirements described in this Grant Agreement. In the performance of this Grant Agreement, time is of the essence. 4. Eligible Costs. Eligible costs are those costs incurred by parties within the jurisdiction of the Grantee for 75% of rebate or grant payments as defined in Exhibit B. The Council will not reimburse Grantee for non-eligible costs. Any cost not defined as an eligible cost or not included in the Grant Grantee Program or approved in writing by the Council is a non-eligible cost. 5. Consideration and Payment. 5 .1 Consideration. The Council will reimburse Grantee for eligible costs performed by the Grantee during the Grant Period as specified in this agreement. The Council bears no responsibility for any cost overruns that may be incurred by the Grantee or sub-recipients of any tier. The initial Grant amount to Grantee under this Grant Agreement is $37,300.00. The Grantee may be eligible to receive additional Grant amounts or an adjustment in Grant amount in accordance with the procedure in the Grant Amendment Form attached and incorporated as Exhibit C. Upon signature by both Grantee and Council on Exhibit C this Grant is amended by the amount in Exhibit C. 5 .2. Advance. The Council will make no advance of the Grant Amount to Grantee. 5.3. Payment. To receive payment, the Grantee must submit a Reimbursement Request/Progress Report on forms provided by the Council, including electronically scanned receipts to verify the cost of eligible devices reported for each reporting period. Reimbursement Request/Progress Reports must be submitted quarterly, even ifthere are no eligible costs to report. The Grantee must describe its compliance with its the financial requirements, work completed including specific addresses where work was done, and provide sufficient documentation of grant eligible expenditures and any other information the Council reasonably requests. The Council will promptly pay the Grantee after the Grantee presents to the Council a Reimbursement Request/Progress Report and scanned copies of all receipts verifying the cost for all eligible devices reported and the Council's Authorized Representative accepts the invoiced services. 3 6. Conditions of Payment. 6.1. For each approved device for which Grantee requests payment, Grantee must certify the following to the Council: (1) the device has been purchased ; (2) Grantee received receipts for the device; (3) the purchase was not performed in violation of federal, Council, or local law, or regulation. 6.2. Conditions Precedent to Any Reimbursement Request. The obligation of the Council to make reimbursement payments is subject to the following conditions precedent: A. The Council's receipt of a Reimbursement Request/Progress Report for the funds requested, and electronic copies of receipts verifying the cost for all eligible devices for that reporting period B. If requested by the Council (in form and substance acceptable to the Council), evidence that (i) the Grantee has legal authority to and has taken all actions necessary to enter into this Agreement and (ii) this Agreement is binding and enforceable against the Grantee. C. . There is no Event of Default under this Grant Agreement or event which would constitute an Event of Default but for the requirement that notice be given or that a period of grace or time elapse. D. The Grantee has supplied to the Council all other items that the Council may reasonably require to assure good fiscal oversight of state's funding through the Clean Water Fund. 7. Authorized Representative. The Council's Authorized Representative is: Name: Brian Davis or successor Title: Senior Engineer Mailing Address: 390 North Robert Street St. Paul, MN 55101 Phone: 651-602-1519 E-Mail Address: brian.davis@metc.state.mn.us The Council's Authorized Representative has the responsibility to monitor the Grantee's performance and the authority to accept the services provided under this grant contract. If the services are satisfactory, the Council's Authorized Representative will certify acceptance on each invoice submitted for payment. The Grantee's Authorized Representative is: Name: Carol Lundgren Title: Sustainability Coordinator Mailing Address: 8080 Mitchell Road Eden Prairie, MN 55344 Phone: 952-949-8313 E-Mail Address: clundgren@edenprairie.org If the Grantee's Authorized Representative changes at any time during this Grant Agreement, the Grantee must immediately notify the Council and within 30 days provide a new City resolution (if such resolution is necessary) specifying the new Representative. 4 8. Assignment, Amendments, Waiver, and Grant contract Complete. 8.1 Assignment. The Grantee may neither assign nor transfer any rights or obligations under this Grant Agreement without the prior written consent of the Council and a fully executed Assignment Agreement. 8 .2 Amendments. Any amendment to this Grant Agreement must be in writing and will not be effective until it has been executed and approved by the appropriate parties. 8.3 Waiver. If the Council fails to enforce any provision of this Grant Agreement, that failure does not waive the provision or its right to enforce it. 8.4 Grant Contract Complete. This Grant Agreement contains all negotiations and agreements between the Council and the Grantee. No other understanding regarding this Grant Agreement, whether written or oral, may be used to bind either party. 9. Liability and Insurance. 9 .1 Liability. The Grantee and the Council agree that they will be responsible for their own acts and the results thereof to the extent authorized by law, and they shall not be responsible for the acts of the other party and the results thereof. The liability of the Council is governed by the Minn. Stat. Chapter 466 and other applicable laws. The liability of the Grantee is governed by the provisions contained in Chapter 466 and other applicable laws. 9 .2 Relationship of the Parties. Nothing contained in this Grant Agreement is intended or should be construed in any manner as creating or establishing the relationship of co-partners or a joint venture between the Grantee and the Council, nor shall the Grantee be considered or deemed to be an agent, representative, or employee of the Council in the performance of this Grant Agreement, or the Grantee Program. The Grantee represents that it has already or will secure or cause to be secured all personnel required for the performance of this Grant Agreement and the Grantee Program. All personnel of the Grantee or other persons while engaging in the performance of this Grant Agreement the Grantee Program shall not have any contractual relationship with the Council related to the work of the Grantee Program and shall not be considered employees of the Council. In addition, all claims that may arise on behalf of said personnel or other persons out of employment or alleged employment including, but not limited to, claims under the Workers' Compensation Act of the State of Minnesota, claims of discrimination against the Grantee, its officers, agents, contractors, or employees shall in no way be the responsibility of the Council. Such personnel or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from the Council, including but not limited to, tenure rights, medical and hospital care, sick and vacation leave, disability benefits, severance pay and retirement benefits. 10. Audits. Under Minn. Stat.§ I6C.05, subd. 5, the Grantee's books, records, documents, and accounting procedures and practices relevant to this grant contract are subject to examination by the Council and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the termination date of this Grant Agreement. 5 11. Government Data Practices. The Grantee and Council must comply with the Minnesota Government Data Practices Act, Minn. Stat. Chapter 13, as it applies to all data provided by the Council under this grant contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this Grant Agreement. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Grantee or the Council. If the Grantee receives a request to release the data referred to in this Clause, the Grantee must immediately notify the Council. 12. Workers' Compensation. The Grantee certifies that it is in compliance with Minn. Stat.§ 176.181, subd. 2, pertaining to workers' compensation insurance coverage. The Grantee's employees and agents will not be considered Council employees. Any claims that may arise under the Minnesota Workers Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the Council's obligation or responsibility. 13. Data Availability. To the extent and as requested by the Council, Grantee agrees to comply with Minn. Stat. § 114D.50, subd. 5 requirements for data collected by the Grantee Programs funded with money from the Clean Water Fund that have value for planning and management of natural resources, emergency preparedness and infrastructure investments, including but not limited to the requirement that to the extent practicable, summary data and results of Grantee Programs funded with money from the Clean Water Fund should be readily accessible on the internet and identified as a Clean Water Fund Grantee Program. The Council will put overall summary information on the internet and will encourage the Grantee put its city information on the web. Grantee understands and agrees that Council may list its name and summary information on the internet or in any other Grantor reporting. Data collected by the Grantee Programs, if any, funded with money from the Clean Water Fund that have value for planning and management of natural resources, emergency preparedness, and infrastructure investments must conform to the enterprise information architecture developed by the Office of MN.IT Services. Spatial data must conform to geographic information system guidelines and standards outlined in that architecture and adopted by the Minnesota Geographic Data Clearinghouse at the Minnesota Geospatial Infonnation Office. A description of these data that adheres to the Office of MN.IT Services geographic metadata standards must be submitted to the Minnesota Geospatial Information Office to be made available online through the clearinghouse and the data must be accessible and free to the public unless made private under chapter 13. To the extent practicable, summary data and results of the Grantee Program funded with money from the clean water fund should be readily accessible on the Internet and identified as a Clean Water Fund Grantee Program. 14. Governing Law, Jurisdiction, and Venue. Minnesota law, without regard to its choice-of-law provisions, governs this Grant Agreement. Venue for all legal proceedings out of this grant contract, or its breach, must be in the appropriate state or federal court of competent jurisdiction in Ramsey County, Minnesota. 6 15. Termination. The Council may cancel this Grant Agreement at any time , with or without cause, upon 30 days' written notice to the Grantee. Upon termination, the Grantee will be entitled to payment for services prequalified and satisfactorily performed before the termination notice. 16. Data Disclosure. Under Minn. Stat. § 270C .65, subd. 3, and other applicable law, the Grantee consents to disclosure of its federal employer tax identification number, and/or Minnesota tax identification number, already provided to the Council , to federal and state tax agencies and Council personnel involved in the payment of Council obligations. Grantee will require compliance with this Section 16 by Grantee's subrecipient of Grant funds and shall submit evidence of such compliance to Council as requested. 17. Notices. In addition to any notice required under applicable law to be given in another manner, any notices required hereunder must be in writing and must be personally served or sent by email or United States mail , to the business address of the party to whom it is directed . The business address is the address specified below or such different address as may be specified, by either party by written notice to the other: To the Grantee at: Name: Carol Lundgren Title : Sustainability Coordinator Mailing Address: 8080 Mitchell Road Eden Prairie , MN 55344 Phone: 952-949-8313 E-Mail Address: clundgren@edenprairie.org To the Council's Authorized Representative at: Name : Brian Davis or successor Title : Senior Engineer Mailing Address: 390 North Robert Street St. Paul , MN 55101 Phone : 651-602-1519 E-Mail Address: brian.davis@metc.state.mn.us 18. Miscellaneous. 18 . l Report to Legislature. As provided in Minn. Stat. § 3.195 , the Council must submit a report on the expenditure and use of money appropriated under the Clean Water Fund to the legislature by January 15 of each year. The report must detail the outcomes in terms of additional us e of Clean Water Fund resources, user satisfaction surveys , and other appropriate outcomes. The grantee agrees to provide to the Council by January 1 of each year a report on any user satisfaction surveys it has related to this Grantee Program, and other appropriate outcomes of the Grantee Program as prescribed in Section 18.3 of this Agreement. 18.2 Supplement. The funds granted unde r this agreement are to supplement and shall not substitute for traditional sources of funding. Grantee certifies to the Council that there was and is no 7 traditional Grantee sources of funding for the City to help fund one-fourth of the subject water efficiency rebate or grant work. 18.3 Measurable Outcomes. If requested by the Council, Grantee agrees to demonstrate compliance with the following: A Grantee Program or program receiving funding from the Clean Water Fund must meet or exceed the constitutional requirement to protect, enhance, and restore water quality in lakes, rivers and streams and to protect groundwater and drinking water from degradation. A Grantee Program or program receiving funding from the Clean Water Fund must include measurable outcomes, as defined in section 3.303, subdivision 10, and a plan for measuring and evaluating the results. A Grantee Program or program must be consistent with current science and incorporate state-of-the-art technology. All information for funded Grantee Program work, including the proposed measurable outcomes, must be made available for publication on the web site required under Minn. Stat. § 3.303, subdivision 10, as soon as practicable and forwarded to the Council and the Legislative Coordinating Commission under the provisions of Minn. Stat. § 3.303, subd. 10. The Grantee must compile and submit all information for funded Grantee Programs or programs, including the proposed measurable outcomes and all other items required under section 3.303, subdivision 10, to the Council and, if requested by the Council, the Legislative Coordinating Commission as soon as practicable or by January 15 of the applicable fiscal year, whichever comes first. 18.4 Minn. Stat. § 16B.98. Grants funded by the Clean Water Fund must be implemented according to section 16B.98 and must account for all expenditures. 18.5 Benefit to Minnesota Waters. Money from the Clean Water Fund may only be spent on Grantee Programs that benefit Minnesota waters. 18.6 Website. If the Grantee has information on its website about the water efficiency grant program under Minn. Stat. § l 14D.50, the Grantee will when practicable in accordance with Minn. Stat. § l 14D.50, subd. 4 (f) prominently display on the Grantee's website home page the Legacy logo accompanied by the phrase "Click here for more information." When a person clicks on the Legacy logo image, the website must direct the person to a web page that includes both the contact information that a person may use to obtain additional information, as well as a link to the Council's and Legislative Coordinating Commission Website required under section 3.303, subdivision 10. 18.7 Future Eligibility. Future eligibility for money from the Clean Water Fund is contingent upon the Grantee satisfying all application requirements related to Council's fulfillment of Minn. Stat. § l 14D.50 as well as any additional requirements contained in 2019, pt Special Session, chapter 2, article 2, section 9. 18.8 Prevailing Wages. The Grantee agrees to comply with all of the applicable provisions contained in chapter 177 of the Minnesota Statutes, and specifically those provisions contained in Minn. Stat. §§ 177.41 through 177.435, as they may be amended, modified or replaced from time to time with respect to the Grantee Program. By agreeing to this provision, the Grantee is not acknowledging or agreeing that the cited provisions apply to the Grantee Program. 18.9 Disability Access. Where appropriate, Grantee of clean water funds, in consultation with the Council on Disability and other appropriate governor-appointed disability councils, boards, committees, and commissions, should make progress toward providing greater access to programs, print publications, and digital media for people with disabilities related to the programs the recipient funds using appropriations made in this agreement. 8 18.10. General Provisions . (i) Grants . The Grantee shall implement this Grant Agreement according to Minnesota Statutes, section 16B.98, and shall account for all expenditures of funds. (ii) Lawsuit. This Grant shall be canceled to the extent that a court determines that the appropriation illegally substitutes for a traditional source of funding. (iii) Termination Due to Lack of Funds. Grantee recognizes that Council's obligation to reimburse Grantee for eligible Grantee Program costs is dependent upon Council's receipt of funds from the State of Minnesota appropriated to Council under 20-19 Session Laws, 1st Special Session, Chapter 2, Article 2, ,Section 9. Should the State of Minnesota terminate such appropriation or should such funds become unavailable to Council for any reason, Council shall, upon written notice to Grantee of termination or unavailability of such funds, have no further obligations for reimbursement or otherwise under this Grant Agreement. In the event of such written notice, Grantee has no further obligation to complete the Grantee Program as required by this Grant Agreement. 19. Default and Remedies. 19 .1 Defaults. The Grantee's failure to fully comply with all of the provisions contained in this Grant Agreement shall be an event of default hereun d er ("Event of Default"). 19 .2. Remedies. Upon an event of default, the Council may exercise any one or more of the following remedies: a. Refrain from disbursing the Grant. b . Demand that all or any portion of the Grant already disbursed be repaid to it, and upon such demand the Grantee shall repay such amount to the Council. c. Enforce any additional remedies the Council may have at law or in equity . IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their duly authorized representatives . By: Regional 9 10 GRANTEE: The Grantee certifies that the appropriate person( s) have executed the grant contract on behalf of the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. By: Printed Name and Title Date: -------------- EXHIBIT A (Application from community) Metropolitan Council Water Efficiency Grant Application Form Applicant Information: Municipality: City of Eden Prairie Municipal Utility: _W_a_te_r _______________________ _ Mailing Address: 8080 Mitchell Road, Eden Prairie, MN 55344 Primary Contact Information: Municipality primary authorized representative (all correspondence regarding the Water Efficiency Grant Program should be addressed to individual named below): NAME: Carol Lundgren TITLE: Sustainability Coordinator STREET: 8080 Mitchell Road CITY, ZIP: Eden Prairie, 55344 PHONE: 952-949-8313 EMAIL: clundgren@edenprairie.org Secondary Contact Information: Municipality secondary authorized representative: NAME: Lesley Cain ---------------------------- TITLE : Engineering Admin Support Technician STREET: 8080 Mitchell Road CITY, ZIP: Eden Prairie, 55344 PHONE: 952 -949-8407 EMAIL: lcain@edenprairie .org Municipal Total Per Capita Water Use (2018): _1_1_1 ______ (gallons per person-day) Municipal Residential Per Capita Water Use (2018): 75 (gallons per person-day) Municipal Ratio of Peak Month to Winter Month Water Use (2018): _3 _____ _ Municipality's estimated annual water savings from proposed program: 2.5 million (gallons) .6 METRO POU TAN COU N CIL Municipal Utility Grant or Rebate Program Design: Requested Grant Amount (must equal 75% of total program budget): $_5_0_,_0_0_0 ______ _ Required Utility Matching Amount (must equal 25% of total program budget): $_1_6_,6_6_7 ___ _ Will your program be a grant program or rebate program? Rebate -------------- Estimated Number of Items: Item Estimated Number Toilets Irrigation Controllers 150 Clothes Washing Machines Irrigation Spray Sprinkler Bodies 500 Irrigation System Audits 5 2 Project Work Plan and Schedule:* Task Description Responsible Start Date Completion Person Date Promote rebate programs to residents and Carol Lundgren 1/1/20 2/1/20 HOAs via website, Sustainable Eden Prairie news post and Sustainable Eden Prairie email list Reach out to HOAs, multi-family and Carol Lundgren 2/1/20 5/1/20 commercial properties to discuss irrigation system audits and upgrade opportunities Prepare materials to provide information about Carol Lundgren 2/1/20 3/31/20 the rebate programs ·at the local Home, Landscape and Garden Show Promote rebate programs in spring edition of Carol Lundgren 4/1/20 6/15/20 Life in the Prairie quarterly newsletter Follow-up communications with potential Carol Lundgren 6/1/20 6/30/22 rebate customers, continue promoting rebate programs via Facebook, Twitter, Sustainable Eden Prairie news * Municipal utility may create own project plan and schedule form 3 Communications to Property Owners: How will your program be advertised (check all that apply): Newsletter lZ]_ Print Media JZl Email l./1 Twitter I./ I Website !./I Radio I I Television 0_ Facebook l./1 Nextdoor D Other Social Media D Please attach examples of proposed newsletter, print media, or email communications Critical Points to Remember: • The applying municipality must be a water supplier • New construction and new developments are not eligible • Funds are for rebates or grants only; consulting and city staff time are ineligible • Combined Council and municipality funds cannot pay for 100% of an eligible activity's cost • A portion of each eligible activity's cost must be paid by the property owner • Grant recipients must display the Clean Water, Land and Legacy Amendment logo and the Metropolitan Council logo on program-related web pages and paper communications 4 EXHIBIT B Clean Water Fund Grant Program Overview & Goal, Structure, and Qualified Activities (should anything herein· be contradicted by the Agreement language, the Agreement terms prevail). Overview The Metropolitan Council (Council} will implement a water efficiency grant program effective September 30, 2019 to June 30, 2022. Grants will be awarded on a competitive basis to municipalities that manage municipal water systems. The Council will provide 75% of the program cost; the municipality must provide the remaining 25%. Municipalities will use the combined Council and municipality funds to run their own grant or rebate programs. Grants will be made available in amounts with a minimum of $2,000 and a maximum of $50,000. Grantees will be required to provide estimated water savings achieved through this program for Clean Water, Land & Legacy Amendment reporting purposes. Legislative Directive -Minnesota 2019 Session Law $375,000 the first year and $375,000 the second year are for the water demand reduction grant program to encourage municipalities in the metropolitan area to implement measures to reduce water demand to ensure the reliability and protection of drinking water supplies. Fiscal year 2020 appropriations are available until June 30, 2021, and fiscal year 2021 appropriations are available until June 30, 2022. Grant Program Goal The goal of the water efficiency grant program is to support technical and behavioral changes that improve municipal water use efficiency in the seven-county metropolitan area. Critical Points to Remember • The applying municipality must be a water supplier • New construction and new developments are not eligible • Funds are for rebates or grants only; consulting and city staff time are ineligible • Combined Council and municipality funds cannot pay for 100% of an eligible activity's cost • A portion of each eligible activity's cost must be paid by the property owner • Grant recipients must display the Clean Water, Land and Legacy Amendment logo and the Metropolitan Council logo on program-related web pages and paper communications Grant Program Structure: Administration and Funding The Water Efficiency Grant Program will be administered by Metropolitan Council Environmental Services (MCES} and will be funded with $750,000 appropriated by the 2019 Minnesota Legislature. Grant applications will be reviewed and ranked by the MCES Water Supply Planning Unit staff. Grants are only for water efficiency programs offering rebates or grants to property owners who are customers of the municipal water supply system and who replace specified water using devices with approved devices that use substantially less water. Grants will be awarded to municipalities in amounts ranging from $2,000 to $50,000 for providing rebates or grants to property owners. Municipalities will be responsible for the design and operation of their rebate or grant program and its details. Grant payments to the municipality will be for 75% of approved program amounts. The municipality must provide the remaining 25% of the program cost. Municipality rebates or grants are eligible for reimbursement on device replacements conducted September 30, 2019 through June 30, 2022. Here is an example showing the grant funding design : Metropolitan Council Grant Amount $15,000 Municipality Match $5,000 Municipality Grant/Rebate Program Total $20,000 Eligibility Per legislative language, the grant program is limited to municipalities in the seven-county metropolitan area. Municipalities eligible per above must apply to participate and, if approved, sign a standard Council Grant Agreement, before any eligible rebates or grants can be submitted for reimbursement. Agreements shall require that municipalities: • Entirely pass through grants received (as is being done by MCES) • Verify purchase of devices to receive grants • Retain records and cooperate with any audits • Conduct all communications with property owners and ensure all written communications to property owners include both the Clean Water, Land and Legacy Amendment and the Metropolitan Council's logo • Provide quantitative information for state reporting purposes Eligible water efficiency devices consist of the following: • Toilet replacement with a US EPA WaterSense labeled toilet • Irrigation controller replacement with a US EPA WaterSense labeled controller • Clothes washing machine replacement with an US DOE Energy Star labeled clothes washing machine • Irrigation spray sprinkler body replacement with a US EPA WaterSense labeled spray sprinkler body • Irrigation system audit by an Irrigation Professional certified by a US EPA WaterSense program Expenses eligible for reimbursement are the out-of-pocket cost of the device and its installation only, not to include any owner labor costs. In addition, new construction and new developments are ineligible, as this program is intended as a current infrastructure replacement program. Application Process • Applicants must be municipal water suppliers • Municipalities will submit MCES supplied application form by September 30, 2019 . Required information includes : o the municipality's rebate or grant program design and work plan o proposed examples of communications to property owners o requested total grant amount o estimated annual amount of water saved by the applying municipality • Application form is available at: https://metrocouncil.org/Wastewater-Water/Funding-Finance/Available- Funding-Gra nts.aspx • Submit competed application to: brian .davis@metc.state .mn.us • Metropolitan Council will notify municipalities of grant awards and provide grant agreements by December 2, 2019. Proposal Selection Criteria In the event that funds requested exceed funds available, the following criteria will be used to determine the amount granted to a given municipality : • Municipalities that are supplied 100% with groundwater • Municipalities with identified water supply issues in Master Water Supply Plan Community Profiles or Local Water Supply Plans • Municipalities' ratio of peak monthly water use to winter monthly water use • Municipalities' average residential per capita water use • The order in which applications are received and until grant funds are completely committed Funding Process and Reporting Requirements • Utilizing forms provided by MCES, the following information must be reported on a quarterly basis: o Number, type and amount of rebates or grants provided to property owners, along with each property address o Estimated annual gallons of water saved per device installation o Municipality matching funds disbursed o Number of unmet funding requests from property owners, if any • Upon review and confirmation of the above information, MCES will process a grant payment in the amount of 75% of approved total rebates or grants for the reporting period . • MCES will provide confirmation of grant balances available upon request and reserves the right to amend grant agreements, in collaboration with grantee municipality, if quarterly reporting indicates rebate or grant programs will not fully utilize grant awards within the grant period . Qualified Activities • Toilet replacement with a US EPA WaterSense labeled toilet: http://www.epa.gov/WaterSense/product search .html • Irrigation controller replacement with a US EPA WaterSense labeled controller: https://www.epa.gov/watersense/product-search • Clothes washing machine replacement with an US DOE Energy Star labeled clothes washing machine: https://www .e ne rgysta r.gov /prod uctfi nd er /product/ certified -clothes-wa she rs/resu Its • Irrigation spray sprinkler body replacement with a US EPA WaterSense labeled spray sprinkler body https ://www .e pa .gov /waterse nse/prod uct-sea rch • Irrigation system audit by an Irrigation Professionals certified by a US EPA WaterSense program https://www .epa .gov/watersense/find -pro Reporting Example Est. Annual Water Rebate (Gal) or Grant Saved Total Eligible Cost per #of per Per Rebate or Municipality Grant Community Property Street Address Property Type Device Replaced Device Devices Device Device Grant Contribution Amount Anytown 652 Silvis St Residential Clothes Washer $624.60 1 $150.00 3,000 $150.00 $37.50 $112.50 Anytown 1952 Ingram Way Residential Irrigation Controller $199.99 1 $100.00 8,800 $100.00 $25.00 $75.00 Anytown 630 Gibbons Ave Residential Clothes Washer $599.90 1 $150.00 3,000 $150.00 $37.50 $112.50 Anytown 4424 Barriger Blvd Residential Toilet $168.00 1 $50.00 4,000 $50.00 $12.50 $37.50 1 EXHIBIT C Revision # METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES 2019 CLEAN WATER FUND WATER EFFICIENCY GRANT PROGRAM GRANT AMENDMENT FORM NOTICE TO GRANTEE: Submission of this form is required to modify your city’s agreement with Metropolitan Council Environmental Services (MCES) 2019 Clean Water Fund Water Efficiency Grant program (Grantee Program). After determination of your city’s initial grant amount, completion and submission of this form is necessary when 1) you are requesting additional grant funds to meet unexpected rebate or grant demand, or 2) when your city has determined that the previously approved program’s rebate or grant demand will not be met, requiring less grant funds than anticipated when the agreement was signed. The process for modifying your agreement is as follows: 1. Your City’s designated authorized representative submits electronically signed Exhibit C to MCES, with an attachment itemizing requests for changes to prior granted amounts. 2. Upon receipt of signed Exhibit C, MCES Program Administrator obtains Council authorized signatures that modifies the agreement and returns a fully signed copy of Exhibit A indicating new grant amount to City’s designated authorized representative. --------------------------------------------------------------------------------------------------------------------------------- Instructions: Indicate the date of your change request in #1 box. Indicate the number of this particular change request in #2 box (and in box at top of page – must match). Enter the current grant agreement amount (as MCES approved) in #3 box. If you wish to increase your municipality’s grant amount, enter the amount you are requesting in #4 box. If you wish to decrease your grant amount due to less demand than anticipated, enter the amount in #5 box. Enter in #6 box the amount derived from adding #3 to #4 or derived from subtracting #5 from #3. Grant Agreement # 1. Date of change request: 11/16/2021 2. Change request number: 1 3. Current Grant Agreement Amount (as MCES approved): $37,300.00 4. Increase due to request for additional funding: $7,000.00 1 SG-13453 2 5. Decrease due to less demand: - 6. Amended Grant Agreement Amount requested: $44,300.00 CITY NAME:___________________________ Eden Prairie_____________________________________________ I request the above changes (sign with title and date): MCES PROGRAM ADMINISTRATOR APPROVAL (signature and date): ________________________________________________________________11/16/2021_______________________ COUNCIL AUTHORIZED SIGNATURE AND DATE __________________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- Questions may be directed to the MCES Authorized Representative: Brian Davis MCES Senior Engineer 390 Robert Street North St. Paul, MN 55101-1805 Phone: (651) 602-1519 Email: brian.davis@metc.state.mn.us CITY COUNCIL AGENDA SECTION: Consent Calendar DATE December 7, 2021 DEPARTMENT / DIVISION Jennifer Hassebroek Public Works/Engineering ITEM DESCRIPTION Approve the 2022-2025 Residential Waste Reduction and Recycling Grant Agreement with Hennepin County. ITEM NO. VIII.O. Requested Action Move to: Approve the 2022-2025 Residential Waste Reduction and Recycling Grant Agreement with Hennepin County. Synopsis The City’s current grant agreement with Hennepin County expires at the end of this year. The County has updated their grant program and funding policy to include funding to support organics recycling, changes allowed uses of recycling funds, and multi-family housing recycling. Resolution accepts the grant agreement and allows city staff to execute the agreement. Background An update to Hennepin County’s Residential Waste Reduction and Recycling Grant and Funding Policy has been completed and approved by the Hennepin County Board. The City’s previous grant agreement with the County ran from 2017 through 2021. The updated grant agreement and funding policy runs through 2025. The new grant program/funding policy includes changes that enable cities to better support community recycling and organics recycling programs. Most notably, changes include: specific funding to support organics recycling; changes to the regular recycling allocation that will enable Eden Prairie provide cost write-downs on bulk item recycling in lieu of the small recycling rebate provided to residents via utility bills; and dedicated funding for multi-family recycling programs. Total funding amounts vary by year. Funding levels are based on a formula that uses the total amount of statewide funding available and eligible households in both the City and County to allocate funds to each community. In 2021, Eden Prairie received $101,040.54. Attachments • Residential Waste Reduction and Recycling Grant Agreement • Residential Waste Reduction and Recycling Funding Policy • Resolution to approve the 2022-2025 Residential Waste Reduction and Recycling Grant Agreement with Hennepin County 1 Contract No: _________ RESIDENTIAL WASTE REDUCTION AND RECYCLING 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 Fourth Avenue South, Minneapolis, Minnesota 55415-1600 (“COUNTY”), and CITY OF ____, ADDRESS, (“GRANTEE”), a Minnesota government entity. The parties agree as follows: 1. TERM AND AMOUNT OF GRANT GRANTEE shall complete all grant requirements (“Grant Requirements”), if any, commencing upon execution and expiring December 31, 2025, unless cancelled or terminated earlier in accordance with the provisions herein. Annual grant payments (“Grant Funds”) shall be calculated as set forth in Section 3. 2. GRANT REQUIREMENTS GRANTEE shall apply for annual grant funds and operate its Waste Reduction and Recycling Programs as more fully described in Attachment A, the Residential Waste Reduction and Recycling Funding Policy. 3. GRANT DISBURSEMENT The COUNTY will distribute SCORE funds that the COUNTY receives from the state to Hennepin County municipalities. SCORE funds will be dedicated to the following different purposes: 1) general funding for waste reduction and recycling programs, 2) curbside organics recycling programs, 3) organics drop-off sites, 4) multifamily waste reduction and recycling. SCORE funds are based on revenue received by the State of Minnesota from the solid waste management tax (SWMT) on garbage services and are subject to change based on the SWMT revenue received by the state and funds allocated by the legislature. Funds distributed to municipalities for the current calendar year will be based on SCORE funds received by the COUNTY in the state’s corresponding fiscal year. A. Waste reduction and recycling programs COUNTY will dedicate 40% of SCORE funds to provide funding for city waste reduction and recycling programs. The following formula will be used to calculate GRANTEE’s waste reduction and recycling grant amount. 2 Number of eligible households with curbside recycling in city -------------------------------------- Total number of eligible households with curbside recycling in county x 40% of SCORE funds available = Waste reduction and recycling grant amount available to the city Eligible households are defined as households in single family through fourplex residential buildings or other residential buildings where each household has its own recycling collection container to set out for curbside collection and receives recycling collection service through the city. In cities with open recycling collection, eligible households are defined as households in single family through fourplex residential buildings where each household has its own recycling collection container to set out for curbside collection. The number of eligible households will be determined by counting the number of eligible households on January 1 of each funding year. GRANTEE will report the number in its application for funding. B. Curbside organics recycling programs COUNTY will dedicate 50% of SCORE funds to provide funding for curbside organics recycling programs. Funds will be allocated using participation targets for each city. Funding is not contingent upon meeting the participation target. The following formula will be used to calculate GRANTEE’s curbside organics recycling grant amount. Target number of households with curbside organics recycling in city -------------------------------------- Total number of households with curbside organics recycling in county x 50% of SCORE funds available = Curbside organics recycling grant amount available to the city Initial participation targets (as a percent of households with curbside recycling service): • 50% for cities that contract for organics recycling service • 10% for cities that require haulers to offer organics recycling service C. Organics drop-off sites COUNTY will dedicate up to $3,300 per eligible city to provide funding for organics drop-off site expenses. Cities with a population of less than 10,000 are eligible. D. Multifamily waste reduction and recycling 3 COUNTY will take 10% of SCORE funds, subtract the amount allocated to organics drop-off sites, and dedicate the remainder to provide funding for multifamily waste reduction and recycling programs. For the purposes of this policy, city waste reduction and recycling programs include organics recycling. Funds will be allocated based on the number of multifamily households. The following formula will be used to calculate GRANTEE’s multifamily waste reduction and recycling grant amount. Number of multifamily households in city -------------------------------------- Total number of multifamily households in county x 10% of SCORE funds available minus organics drop-off funds = Multifamily waste reduction and recycling grant amount available to the city Multifamily households in cities with organized recycling collection are defined as 1) households in buildings where each household does not have its own recycling collection container to set out for curbside collection, or 2) households in buildings that do not receive recycling collection service through the city, including apartment buildings, condominiums, townhomes, and cooperative housing units where a property manager or association coordinates collection service. Multifamily households in cities with open recycling collection are defined as households in residential buildings larger than a fourplex. The COUNTY will make two equal payments to the GRANTEE. Those two payments will provide the sum of each city’s total grant amount for general waste reduction and recycling programs, curbside organics recycling programs, organics drop-off sites, and multifamily waste reduction and recycling. One payment will be made after COUNTY receives the applications for funding from GRANTEE. A second payment will be made after basic program requirements, education and outreach requirements, and performance have been confirmed and approved. If GRANTEE meets the requirements, both payments will be made during the same calendar year. 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 4 (Minnesota Statutes Chapter 176) or claims of discrimination arising out of state, local or federal law, against GRANTEE, its officers, agents, contractors, or employees. Such personnel or other persons shall neither accrue nor be entitled to any compensation, rights, or benefits of any kind from COUNTY, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, workers’ compensation, unemployment compensation, disability, severance pay, and retirement benefits. 5. NON-DISCRIMINATION In accordance with COUNTY’s policies against discrimination, GRANTEE shall not exclude any person from full employment rights nor prohibit participation in or the benefits of any program, service or activity on the grounds of any protected status or class including but not limited to race, color, creed, religion, age, sex, disability, marital status, sexual orientation, public assistance status, or national origin. No person who is protected by applicable federal or state laws against discrimination shall be subjected to discrimination. 6. INTENTIONALLY OMITTED 7. 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. 8. 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. 9. 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 5 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. 10. DATA PRIVACY AND SECURITY A. GRANTEE, its officers, agents, owners, partners, employees, volunteers and subcontractors shall, to the extent applicable, abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, chapter 13 (MGDPA) and all other applicable state and federal laws, rules, regulations and orders relating to data or the privacy, confidentiality or security of data, which may include the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (HIPAA). For clarification and not limitation, COUNTY hereby notifies GRANTEE that the requirements of Minnesota Statutes section 13.05, subd. 11, apply to this Agreement. GRANTEE shall promptly notify COUNTY if GRANTEE becomes aware of any potential claims, or facts giving rise to such claims, under the MGDPA or other data, data security, privacy or confidentiality laws, and shall also comply with the other requirements of this Section. Classification of data, including trade secret data, will be determined pursuant to applicable law and, accordingly, merely labeling data as “trade secret” by 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 6 shall not be construed as eliminating, limiting or otherwise modifying GRANTEE’s indemnification obligations herein. C. Upon expiration, cancellation or termination of this Agreement: (1) At the discretion of COUNTY and as specified in writing by the Contract Administrator, GRANTEE shall deliver to the Contract Administrator all County Data so specified by COUNTY. (2) COUNTY shall have full ownership and control of all such County Data. If COUNTY permits GRANTEE to retain copies of the County Data, GRANTEE shall not, without the prior written consent of COUNTY or unless required by law, use any of the County Data for any purpose or in any manner whatsoever; shall not assign, license, loan, sell, copyright, patent and/or transfer any or all of such County Data; and shall not do anything which in the opinion of COUNTY would affect COUNTY’s ownership and/or control of such County Data. (3) Except to the extent required by law or as agreed to by COUNTY, GRANTEE shall not retain any County Data that are confidential, protected, privileged, not public, nonpublic, or private, as those classifications are determined pursuant to applicable law. In addition, GRANTEE shall, upon COUNTY’s request, certify destruction of any County Data so specified by COUNTY. 11. 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. 12. 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 7 circumstances relieve GRANTEE of its liabilities and obligations under the Agreement. C. GRANTEE shall not subcontract this Agreement whether in whole or in part, without the prior written consent of COUNTY. Permission to subcontract, however, shall under no circumstances relieve GRANTEE of its liabilities and obligations under the Agreement. Further, GRANTEE shall be fully responsible for the acts, omissions, and failure of its subcontractors in the performance of any specified contractual services, and of person(s) directly or indirectly employed by subcontractors. Contracts between GRANTEE and each subcontractor shall require that the subcontractor’s services be performed in accordance with this Agreement. GRANTEE shall make contracts between GRANTEE and subcontractors available upon request. For clarification and not limitation of the provisions herein, none of the following constitutes assent by COUNTY to a contract between GRANTEE and a subcontractor, or a waiver or release by COUNTY of GRANTEE’s full compliance with the requirements of this Section: (1) COUNTY’s request or lack of request for contracts between GRANTEE and subcontractors; (2) COUNTY’s review, extent of review or lack of review of any such contracts; or (3) COUNTY’s statements or actions or omissions regarding such contracts. 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. 13. 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, 8 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. 14. DEFAULT AND CANCELLATION/TERMINATION A. If GRANTEE fails to perform any of the provisions of this Agreement, fails to administer the work so as to endanger the performance of the Agreement or otherwise breaches or fails to comply with any of the terms of this Agreement, it shall be in default. Unless GRANTEE’s default is excused in writing by COUNTY, COUNTY may upon written notice immediately cancel or terminate this Agreement in its entirety. Additionally, failure to comply with the terms of this Agreement shall be just cause for COUNTY to delay payment until GRANTEE’s compliance. In the event of a decision to withhold payment, COUNTY shall furnish prior written notice to GRANTEE. B. Notwithstanding any provision of this Agreement to the contrary, GRANTEE shall remain liable to COUNTY for damages sustained by COUNTY by virtue of any breach of this Agreement by GRANTEE. Upon notice to GRANTEE of the claimed breach and the amount of the claimed damage, COUNTY may withhold 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, 9 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. Upon written notice, COUNTY may immediately suspend or cancel/terminate this Agreement in the event any of the following occur: (i) COUNTY does not obtain anticipated funding from an outside source for this project; (ii) funding for this project from an outside source is withdrawn, frozen, shut down, is otherwise made unavailable or COUNTY loses the outside funding for any other reason; or (iii) COUNTY determines, in its sole discretion, that funding is, or has become, insufficient. COUNTY is not obligated to pay for any costs or expenses or obligations incurred or encumbered after the notice and effective date of the suspension or cancellation/termination. In the event COUNTY suspends, cancels or terminates this Agreement pursuant to this paragraph, COUNTY shall pay any amount due and payable prior to the notice of suspension or cancellation/termination except that COUNTY shall not be obligated to pay any amount as or for penalties, early termination fees, charges, time and materials for costs, expenses or profits on work done. H. 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. 15. 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: GRANT REQUIREMENTS; INDEPENDENT CONTRACTOR; INDEMNIFICATION; INSURANCE; DUTY TO NOTIFY; DATA PRIVACY AND SECURITY; RECORDS-AVAILABILITY/ACCESS; DEFAULT AND CANCELLATION/TERMINATION; MEDIA OUTREACH; and MINNESOTA LAW GOVERNS. 16. GRANT ADMINISTRATION Kaitlin Steinberg/Kira Berglund, Waste Reduction and Recycling Specialist, or their successor (“Grant Administrator”), shall manage this Agreement on behalf of COUNTY and serve as liaison between COUNTY and GRANTEE. [NAME AND PHONE NUMBER (EMAIL OR FAX NUMBER IS HELPFUL IF AVAILABLE) 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.] 10 17. 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. C. If the source or partial source of funds for payment under this Agreement is from federal or state monies or from a federal, state or other grant source, GRANTEE is bound by and shall comply with applicable law, rules, regulations, applicable documentation or other COUNTY directives relating to the source and utilization of such funds. 18. RECYCLING COUNTY encourages GRANTEE to establish a recycling program for at least three materials, such as newsprint, office paper, glass, plastic, and metal. 19. 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. 20. 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. 11 21. 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. 22. 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. 23. HENNEPIN COUNTY PERSONAL PROPERTY TAX AND PROPERTY TAX GRANTEE affirms that it and its officers have paid all Hennepin County personal property taxes and property taxes due on all of its Hennepin County properties for taxes owed on or before the date of the execution of this contract. If the County finds that property taxes have not been paid by GRANTEE, GRANTEE’s owner and GRANTEE’s board of directors (if any), County may refuse to disburse funds or require the return of all or part of the funds already disbursed. THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK 12 COUNTY BOARD AUTHORIZATION Reviewed for COUNTY by the County Attorney's Office: {{Sig_es_:signer3:signature}} {{userstamp3_es_:signer3:stamp}} Reviewed for COUNTY by: {{Sig_es_:signer4:signature}} {{userstamp4_es_:signer4:stamp}} Board Resolution No: {{*BoardResolution_es_:signer4:brs}} Document Assembled by: {{Sig_es_:signer1:signature}} {{userstamp1_es_:signer1:stamp}} {{Exh_es_:signer1:attachment:label("Attachments")}} COUNTY OF HENNEPIN STATE OF MINNESOTA By: {{Sig_es_:signer6:signature}} {{userstamp6_es_:signer6:stamp}} ATTEST: {{Sig_es_:signer7:signature}} {{userstamp7_es_:signer7:stamp}} By: {{Sig_es_:signer5:signature}} {{userstamp5_es_:signer5:stamp}} 13 GRANTEE GRANTEE warrants that the person who executed this Agreement is authorized to do so on behalf of GRANTEE as required by applicable articles, bylaws, resolutions or ordinances.* By: {{Sig_es_:signer2:signature}} {{userstamp2_es_:signer2:stamp}} {{ ttl_es_:signer2:title}} *GRANTEE represents and warrants that it has submitted to COUNTY all applicable documentation (articles, bylaws, resolutions or ordinances) that confirms the signatory's delegation of authority. Documentation is not required for a sole proprietorship. Residential Waste Reduction and Recycling Funding Policy January 1, 2022 – December 31, 2025 Department communication to the Hennepin County Board of Commissioners on October 5, 2021 Communicated October 5, 2021 1 I. Policy Overview A. Background The Hennepin County Board of Commissioners has determined that residential waste reduction and recycling programs support county goals to make progress toward zero waste, reduce greenhouse gas emissions, and reduce disparities associated with waste disposal. The county has adopted the goals established in State Statute and by the Minnesota Pollution Control Agency (MPCA) in its Metropolitan Solid Waste Management Policy Plan and developed a Residential Waste Reduction and Recycling Funding Policy to help reach a 75% recycling rate by 2030. B. SCORE funds The county receives funding from the state’s Select Committee on Recycling and the Environment (SCORE) for the development and implementation of waste reduction and recycling programs. SCORE funds are based on revenue received by the State of Minnesota from the solid waste management tax (SWMT) on garbage services and are subject to change based on the SWMT revenue received by the state and funds allocated by the legislature. C. Support for city programs City recycling programs play an important role in the solid waste management system. The county has funded city programs for over 30 years and will use this policy to make available all SCORE funds to cities for residential waste reduction and recycling programs. SCORE funds will be dedicated to four different purposes: 1) general funding for waste reduction and recycling programs, 2) curbside organics recycling programs, 3) organics drop-off sites, and 4) multifamily waste reduction and recycling. Funds distributed to cities for a calendar year will be based on SCORE funds received by the county in the state’s corresponding fiscal year. D. Term of the policy Hennepin County is committed to implementing this policy from January 1, 2022 through December 31, 2025. The county may revise this policy to align with strategic priorities developed in the zero waste plan or solid waste management master plan. In addition, the county may revise this policy if it determines changes are needed to assure compliance with state law and MPCA goals established for metropolitan counties. If SCORE funds are eliminated from the state budget or significantly reduced, the county will consult with cities at that time and develop a recommendation to the board on future funding for residential waste reduction and recycling programs. Communicated October 5, 2021 2 E. Grant agreements Each city seeking funding under the terms of the Residential Waste Reduction and Recycling Funding Policy must enter into a grant agreement with the county for a term concurrent with the expiration of this policy, December 31, 2025. The grant agreement must be accompanied by a resolution authorizing the city to enter into such an agreement. If cities form a joint powers organization responsible for waste reduction and recycling programs, the county will enter into a grant agreement with that entity and distribute funds to that organization. II. Allocation of Funds SCORE funds will be dedicated to the following purposes:  General funding for waste reduction and recycling programs  Curbside organics recycling programs  Organics drop-off sites  Multifamily waste reduction and recycling A. Waste reduction and recycling programs The county will dedicate 40% of SCORE funds to provide funding for city waste reduction and recycling programs. For the purposes of this policy, city waste reduction and recycling programs include organics recycling. Funds will be allocated based on number of eligible households with curbside recycling service. The following formula will be used to calculate a city’s grant amount. Number of eligible households with curbside recycling in city ------------------------------- Total number of eligible households with curbside recycling in county x 40% of SCORE funds available = Waste reduction and recycling grant amount available to the city Eligible households are defined as households in single family through fourplex residential buildings or other residential buildings where each household has its own recycling collection container to set out for curbside collection and receives recycling collection service through the city. In cities with open recycling collection, eligible households are defined as households in single family through fourplex residential buildings where each household has its own recycling collection container to set out for curbside collection. The number of eligible households will be determined by counting the number of eligible households on January 1 of each funding year. The city will report the number in its application for funding. Communicated October 5, 2021 3 B. Curbside organics recycling programs The county will dedicate 50% of SCORE funds to provide funding for curbside organics recycling programs. Funds will be allocated using participation targets for each city. Funding is not contingent upon meeting the participation target. The following formula will be used to calculate a city’s grant amount. Target number of households with curbside organics recycling in city ------------------------------- Total target number of households with curbside organics recycling in county x 50% of SCORE funds available = Curbside organics recycling amount available to the city Initial participation targets (as a percent of households with curbside recycling service):  50% for cities that contract for organics recycling service  10% for cities that require haulers to offer organics recycling service C. Organics drop-off sites The county will dedicate up to $3,300 per eligible city to provide funding for organics drop-off site expenses. Cities with a population of less than 10,000 are eligible. E. Multifamily waste reduction and recycling The county will take 10% of SCORE funds, subtract the amount allocated to organics drop-off sites, and dedicate the remainder to provide funding for multifamily waste reduction and recycling programs. For the purposes of this policy, city waste reduction and recycling programs include organics recycling. Funds will be allocated based on the number of multifamily households. The following formula will be used to calculate a city’s grant amount. Number of multifamily households in city ------------------------------- Total number of multifamily households in county x 10% of SCORE funds available minus organics drop-off funds = Multifamily waste reduction and recycling amount available to the city Communicated October 5, 2021 4 Multifamily households in cities with organized recycling collection are defined as 1) households in buildings where each household does not have its own recycling collection container to set out for curbside collection, or 2) households in buildings that do not receive recycling collection service through the city, including apartment buildings, condominiums, townhomes, and cooperative housing units where a property manager or association coordinates collection service. Multifamily households in cities with open recycling collection are defined as households in residential buildings larger than a fourplex. III. Application for Funding A. General program and curbside organics application To receive funding for waste reduction and recycling programs and curbside organics recycling, each city must complete an annual grant application by February 15 of that year. The application consists of a web-based report that requests the following: contract, program, tonnage, and financial information. The participation rate for the curbside recycling program must also be included in the web-based report. The city must calculate its participation rate during the month of October. The methodology for measuring participation must be provided to the county upon request. The county may request additional information, such as a planning document with a description of activities the city will implement to increase recycling and make progress toward county objectives. B. Organics drop-off sites and multifamily supplementary application To receive funding for organics drop-off sites and multifamily waste reduction and recycling, each city must submit a supplementary grant application form annually. The county will provide this form by February 15 and the city must complete it by March 15 of that year. IV. Use of Funds A. Conditions applying to all funds The following requirements apply to the use of all funds: 1. Funds must be expended on eligible activities per Minnesota Statutes §115A.557. 2. All grant funds accepted from the county must be used in the year granted unless the county agrees to an exception. The county will not provide any funds in excess of actual expenses. Funds not spent must be returned to the county. Communicated October 5, 2021 5 3. A city or joint powers organization may not charge its residents through property tax, utility fees, waste fees, environmental fees, or any other method for the portion of its waste reduction and recycling program costs that are funded by county grant funds. 4. Cities must track expenditures for waste reduction and recycling programs, curbside organics recycling, organics drop-off sites, and multifamily waste reduction and recycling and establish accounting mechanisms to provide the information requested in the financial section of the annual grant application. 5. Waste reduction and recycling activities, revenues, and expenditures are subject to audit. B. Curbside organics use of funds Curbside organics grant funds may be used for program expenses, including the following: • Incentives for participation (service discounts, countertop pails, compostable bags) • City contract costs • Education and outreach • Carts • Other expenses approved by the county Yard waste expenses are not eligible. If organics are co-collected with other waste, the organics expenses must be tracked separately. If a city passes funds through to a hauler, 100% of those funds must be credited to residents’ bills. C. Organics drop-off sites use of funds Organics drop-off site grant funds may be used for program expenses, including the following: • Hauling and disposal • Dumpsters or carts • Site construction • Education and outreach • Incentives for participation (countertop pails, compostable bags) • Other expenses approved by the county D. Multifamily waste reduction and recycling use of funds Cities that choose to apply for multifamily waste reduction and recycling funding will work with the county to identify eligible activities that are customized to the city’s goals and needs. These activities will be determined through the supplementary grant application process. Communicated October 5, 2021 6 Unused funds will be used by the county to provide multifamily waste reduction and recycling program services. Multifamily resources provided by the county, including reusable tote bags/baskets and multifamily specific signs and labels, are not eligible expenses. V. City Requirements A. Materials accepted A city’s curbside collection program must accept a list of mixed recyclables as selected by the county in consultation with haulers, local material recovery facilities, and end markets. The county will update the list of materials as needed, distribute the list to city recycling coordinators, and post the list on the county’s website. B. Education and outreach The partnership between the county and municipalities has been highly effective in educating residents and motivating behavior change. To continue this partnership and increase these efforts, city waste reduction, recycling and organics recycling activities must be coordinated with county and regional efforts. Municipalities must adhere to the following requirements: 1. Use county terminology on promotional and educational materials when describing recycling and organics recycling guidelines, including the description of materials accepted and not accepted, as well as when describing preparation guidelines. 2. Use images approved by the county if using images of mixed recyclables and organic materials. 3. Provide the following information on the city’s website;  Recycling and organics recycling materials accepted and not accepted  Curbside collection calendar  Organics drop-off site(s) information  Links to county resources and programs 4. Provide a guide on recycling and organics recycling to residents each year. The guide shall contain information on curbside collection, materials accepted and not accepted, organics drop off site information (if applicable), and a curbside collection calendar. 5. Complete two or more waste reduction, recycling and organics recycling educational activities annually that include the promotion of curbside collection. The county will provide a list of activities to city recycling coordinators. These activities are in addition to the provision of an annual guide. Communicated October 5, 2021 7 6. If a city develops its own educational materials, does not use a template produced by the county, does not utilize design services offered by the county, or relies on a hauler to provide an annual guide, then the city must submit the materials to the county for approval. C. Waste reduction and recycling performance On an annual basis, cities must demonstrate that a reasonable effort has been made to improve waste reduction and recycling programs. If a city does not demonstrate measurable progress, a waste reduction and recycling improvement plan must be submitted by the city within 90 days of being notified by the county. The waste reduction and recycling improvement plan must be negotiated with the county and specify the efforts that will be undertaken by the municipality to improve its program to yield the results necessary to achieve county objectives. In cooperation with the county, the city may be required to participate in waste sorts and community engagement to identify strategies to improve waste reduction and recycling outcomes. VI. Grant Payments The county will make two equal payments to the city. Those two payments will provide the sum of each city’s total grant amount for general waste reduction and recycling programs, curbside organics recycling programs, organics drop-off sites, and multifamily waste reduction and recycling. One payment will be made after the county receives the applications for funding. A second payment will be made after basic program requirements, education and outreach requirements, and performance have been confirmed and approved. If the city meets the county requirements, both payments will be made during the same calendar year. Cities are expected to fulfill the conditions of this policy and the requirements of Ordinance 13. It is the responsibility of each city to meet the requirements of Ordinance 13. The implementation of the county requirements for cities shall be the responsibility of each respective city. If any city fails to establish or implement any or all of the city requirements in Ordinance 13, all SCORE funding will be withheld until the city meets the requirements or a waste reduction and recycling improvement plan is negotiated with the county. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2021-__ RESOLUTION TO APPROVE THE 2022-2025 RESIDENTIAL WASTE REDUCTION AND RECYCLING GRANT AGREEMENT WITH HENNEPIN COUNTY WHEREAS, pursuant to Minnesota Statutes Chapter 115A.552, Counties shall endure that residents have an opportunity to recycle; and WHEREAS, Hennepin County Ordinance 13 requires that each city implement and maintain a recycling and organics recycling program; and WHEREAS, the Hennepin County Board at its October 26, 2021 meeting adopted a funding policy to continue to fund cities within Hennepin County for the contract period of January 1, 2022 through December 31, 2025; and WHEREAS, in order to receive grant funds, the City must sign the agreement; and WHEREAS, the City wishes to receive these grant funds each year. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Eden Prairie, Minnesota, that the City Council accepts the agreement as proposed. BE IT FURTHER RESOLVED, that the City Council authorizes the Mayor, City Manager or his designee to execute such Residential Waste Reduction and Recycling Grant Agreement with Hennepin County. ADOPTED by the City Council of the City of Eden Prairie this 7th day of December, 2021. _________________________ Ronald A. Case, Mayor ATTEST: __________________________ Nicole Tingley, City Clerk CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: December 7, 2021 DEPARTMENT/DIVISION: Patrick Sejkora Public Works / Engineering ITEM DESCRIPTION: I.C. 20825 Approve Amendment to Professional Services Agreement with Stantec, Inc. for the 11579 Welters Way Erosion Repair ITEM NO.: VIII.P. Requested Action Move to: Approve Amendment to Professional Services Agreement with Stantec, Inc. for the 11579 Welters Way Erosion Repair of $10,600. Synopsis This Amendment to the Professional Services Agreement will additional permitting expenses and construction monitoring for the repair of streambank erosion at near 11579 Welter Way. The original Professional Services Agreement signed August 19, 2020 was in the amount of $19,400. The amendment will increase the total amount not to exceed to $30,000. We intend to finance this project through our Capital Stormwater Fund. Background Information 11579 Welters Way abuts a City-owned outlot for Purgatory Creek. The Creek makes a sharp turn within the outlot near the property. In 2020, a large tree along the creek fell, which resulted in erosion along the streambank of the creek. This erosion has extended onto private property and could continue to worsen if efforts to stabilize the streambank are not pursued. This project will provide for repairing this erosion and stabilizing the streambank against further erosion. This project is anticipated to be phased over the winter to minimize impacts to the riparian corridor. The construction contract for the project was recently awarded to Sunram Construction, Inc. Attachments • Professional Services Agreement Amendment First Amendment to the Standard Agreement for Professional Services This Amendment to the Standard Agreement for Professional Services (Amendment) is made on the 7th day of December, 2021, between the City of Eden Prairie, Minnesota (hereinafter “City”) whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Stantec, Inc. (formerly Wenck Associates) . (hereinafter “Consultant”) whose business address is 1800 Pioneer Creek Center, Maple Plain, MN 55359. WHEREAS, City and Consultant entered into a Standard Agreement for Professional Services on the 19th day of August, 2020; WHEREAS, Consultant has provided a letter (attached as Exhibit A) indicating additional services not included in the original scope of work; and WHEREAS, City and Consultant desire to amend paragraph 3 of the Agreement relating to the Term of Contract and Compensation for Services for the additional services. NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Term: The term of the Agreement is extended to May 31, 2022 2. Compensation: The total amount not to exceed is increased $10,600 for a total of $30,000 and shall be considered full and final for all work completed on the project. 3. Counterparts: This agreement may be executed in multiple counterparts, each of which shall be considered an original. 4. Agreement Remains in Full Force and Effect: Except as expressly provided in this Amendment, all provisions of the Agreement remain in full force and effect and are not modified by this Amendment, and parties hereby ratify and confirm each and every provision thereof. Executed as of the day and year first written above. CITY OF EDEN PARIRIE ___________________________________ Mayor ___________________________________ City Manager CONSULTANT By: _______________________________ Its: Associate Senior GeoStructural Engineer Stantec Consulting Services Inc. 1800 Pioneer Creek Center, Maple Plain, MN 55359 November 29, 2021 File: 227701767 Attention: Patrick Sejkora, PE Water Resources Engineer City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Dear Mr. Sejkora, Reference: Slope/Hillside Stabilization | 11579 Welters Way, Eden Prairie, 55347 MN | Change Order 1 Our August 19, 2020 proposal for the above-referenced project included an estimated fee of $19,400. This estimate included one submittal to the watershed. However, three submittals to the watershed were required in order to get permitted, which was more than initially planned. Furthermore, we propose to increase the $3,500 construction administration portion of the project due to the additional complexity of the repair due to the required plantings in the vegetated riprap (which was not planned for), etc. and follow up in springtime to ensure germination/stabilization, as well as some contingency. In summary, we are proposing a change order of $10,600 bringing the total contract fee to $30,000. On behalf of the employees of Stantec, thank you for this opportunity to serve you. Should you have any questions or need please do not hesitate to reach out to me. Regards, Stantec Consulting Services Inc. Paul T. Eickenberg MSCE, MSLE, PE Associate, Sr. Civil/Geo-Structural Engineer Phone: (612) 248-6099 paul.eickenberg@stantec.com CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: December 7, 2021 DEPARTMENT/DIVISION: Matt Bourne, Parks and Natural Resources Manager, Parks and Recreation ITEM DESCRIPTION: Cooperative Service Agreement with the USDA for Deer Management Program ITEM NO.: VIII.Q. Motion Move to: Approve the Cooperative Service Agreement for the 2021-22 Deer Management Program with the United States Department of Agriculture, Animal and Plant Health Inspection Services at a cost not to exceed $24,500.00. Synopsis The City has been working with the USDA for the last five years to manage our deer population. Gary Nohrenberg, State Director of the USDA Wildlife Services has updated their proposed Work Plan that addresses the City’s request for the 2021-22 reduction of white-tailed deer as outlined in the Deer Management Plan. His proposal includes field site selection, site preparation, baiting and bait monitoring, sharpshooting services, carcass removal and transportation to a meat processor. Recommendation The USDA has conducted white-tailed d eer management services for a number of cities in our area and has improved our management abilities by coordinating with adjacent cities. Their proposal is in line with our budget estimate and staff recommends approval of this agreement. Attachment Cooperative Service Agreement Version 7/2019 WS Agreement Number: 22 7227 5300-RA WBS: AP.RA.RX27.72.4824 City of Eden Prairie 2021 Deer PO: _____________ 1 COOPERATIVE SERVICE AGREEMENT between THE CITY OF EDEN PRAIRIE, MN and UNITED STATES DEPARTMENT OF AGRICULTURE ANIMAL AND PLANT HEALTH INSPECTION SERVICE (APHIS) WILDLIFE SERVICES (WS) ARTICLE 1 – PURPOSE The purpose of this Cooperative Service Agreement is to cooperate in a wildlife damage management project as described in the attached Work Plan. ARTICLE 2 – AUTHORITY APHIS-WS has statutory authority under the Acts of March 2, 1931, 46 Stat. 1468-69, 7 U.S.C. §§ 8351-8352, as amended, and December 22, 1987, Public Law No. 100-202, § 101(k), 101 Stat. 1329-331, 7 U.S.C. § 8353, to cooperate with States, local jurisdictions, individuals, public and private agencies, organizations, and institutions while conducting a program of wildlife services involving mammal and bird species that are reservoirs for zoonotic diseases, or animal species that are injurious and/or a nuisance to, among other things, agriculture, horticulture, forestry, animal husbandry, wildlife, and human health and safety. ARTICLE 3 - MUTUAL RESPONSIBILITIES APHIS-WS and City of Eden Prairie mutually understand and agree to/that: 1.APHIS-WS shall perform services set forth in the Work Plan, which is attached hereto and made a part hereof. The parties may mutually agree in writing, at any time during the term of this agreement, to amend, modify, add or delete services from the Work Plan. 2.The Cooperator certifies that APHIS-WS has advised the Cooperator there may be private sector service providers available to provide wildlife damage management (WDM) services that the Cooperator is seeking from APHIS-WS. 3.There will be no equipment with a procurement price of $5,000 or more per unit purchased directly with funds from the cooperator for use on this project. All other equipment purchased for the program is and will remain the property of APHIS-WS. 4.The cooperating parties agree to coordinate with each other before responding to media requests on work associated with this project. 2 5.To meet as determined necessary by either party to discuss mutual program interests, accomplishments, needs, technology, and procedures to maintain or amend the Work Plan. Personnel authorized to attend meetings under this Agreement shall be the Eden Prairie Parks and Natural Resource Manager, City Manager or their designee(s), the Eden Prairie Police Chief or their designee(s) and the WS State Director or his/her designee, and/or those additional persons authorized and approved by the City of Eden Prairie, and the WS State Director. ARTICLE 4 - COOPERATOR RESPONSIBILITIES City of Eden Prairie agrees: 1.To designate the following as the authorized representative who shall be responsible for collaboratively administering the activities conducted in this agreement; City of Eden Prairie: Matthew Bourne, Parks and Natural Resource Manager City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Phone: 952-949-8535 2.To authorize APHIS-WS to conduct direct control activities as defined in the Work Plan. APHIS-WS will be considered an invitee on the lands controlled by the City of Eden Prairie. The City of Eden Prairie will be required to exercise reasonable care to warn APHIS-WS as to dangerous conditions or activities in the project areas. 3.To reimburse APHIS-WS for costs, not to exceed the annually approved amount specified in the Financial Plan. If costs are projected to exceed the amount reflected in the Financial Plan, the agreement with amended Work Plan and Financial Plan shall be formally revised and signed by both parties before services resulting in additional costs are performed. The Cooperator agrees to pay all costs of services submitted via an invoice from APHIS-WS within 30 days of the date of the submitted invoice(s). Late payments are subject to interest, penalties, and administrative charges and costs as set forth under the Debt Collection Improvement Act of 1996. 4.To provide a Tax Identification Number or Social Security Number in compliance with the Debt Collection Improvement Act of 1996. 5.As a condition of this agreement, the Cooperator ensures and certifies that it is not currently debarred or suspended and is free of delinquent Federal debt. 6. To notify APHIS-WS verbally or in writing as far in advance as practical of the date and time of any proposed meeting related to the program. 7.The Cooperator acknowledges that APHIS-WS shall be responsible for administration of APHIS-WS activities and supervision of APHIS-WS personnel. 3 8.To obtain the appropriate permits for removal activities for species listed in the Work Plan and list USDA, APHIS, Wildlife Services as subpermitees. 9.The Cooperator will not be connected to the USDA APHIS computer network(s). 10.To coordinate with Wildlife Services for the removal and/or disposal of wildlife species removed. ARTICLE 5 – APHIS-WS RESPONSIBILITIES APHIS-WS Agrees: 1.To designate the following as the APHIS-WS authorized representative who shall be responsible for collaboratively administering the activities conducted in this agreement. Gary Nohrenberg, State Director 644 Bayfield St., Ste. 215 St. Paul, MN 55107 Phone: 651-224-6027 gary.nohrenberg@usda.gov 2.To conduct activities at sites designated by the City of Eden Prairie as described in the Work and Financial Plans. APHIS-WS will provide qualified personnel and other resources necessary to implement the approved WDM activities delineated in the Work Plan and Financial Plan of this agreement. 3.That the performance of wildlife damage management actions by APHIS-WS under this agreement is contingent upon a determination by APHIS-WS that such actions are in compliance with the National Environmental Policy Act, Endangered Species Act, and any other applicable federal statutes. APHIS-WS will not make a final decision to conduct requested wildlife damage management actions until it has made the determination of such compliance. 4.To invoice the City of Eden Prairie quarterly for actual costs incurred by APHIS-WS during the performance of services agreed upon and specified in the Work Plan. Authorized auditing representatives of the Cooperator shall be accorded reasonable opportunity to inspect the accounts and records of APHIS-WS pertaining to such claims for reimbursement to the extent permitted by Federal law and regulations. ARTICLE 6 – CONTINGENCY STATEMENT This agreement is contingent upon the passage by Congress of an appropriation from which expenditures may be legally met and shall not obligate APHIS-WS upon failure of Congress to so appropriate. This agreement may also be reduced or terminated if Congress only provides APHIS-WS funds for a finite period under a Continuing Resolution. 4 ARTICLE 7 – NON-EXCLUSIVE SERVICE CLAUSE Nothing in this agreement shall prevent APHIS-WS from entering into separate agreements with any other organization or individual for the purpose of providing wildlife damage management services exclusive of those provided for under this agreement. ARTICLE 8 – CONGRESSIONAL RESTRICTIONS Pursuant to Section 22, Title 41, United States Code, no member of or delegate to Congress shall be admitted to any share or part of this agreement or to any benefit to arise therefrom. ARTICLE 9 – LAWS AND REGULATIONS This agreement is not a procurement contract (31 U.S.C. 6303), nor is it considered a grant (31 U.S.C. 6304). In this agreement, APHIS-WS provides goods or services on a cost recovery basis to nonfederal recipients, in accordance with all applicable laws, regulations and policies. ARTICLE 10 – LIABILITY APHIS-WS assumes no liability for any actions or activities conducted under this agreement except to the extent that recourse or remedies are provided by Congress under the Federal Tort Claims Act (28 U.S.C. 1346(b), 2401(b), and 2671-2680). ARTICLE 11 – NON-DISCRIMINATION CLAUSE The United States Department of Agriculture prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual’s income is derived from any public assistance program. Not all prohibited bases apply to all programs. ARTICLE 12 - DURATION, REVISIONS, EXTENSIONS, AND TERMINATIONS This agreement shall become effective on November 29th, 2021 and shall continue through September 30th, 2022. This Cooperative Service Agreement may be amended by mutual agreement of the parties in writing. The Cooperator must submit a written request to extend the end date at least 10 days prior to expiration of the agreement. Also, this agreement may be terminated at any time by mutual agreement of the parties in writing, or by one party provided that party notifies the other in writing at least 60 days prior to effecting such action. Further, in the event the Cooperator does not provide necessary funds, APHIS-WS is relieved of the obligation to provide services under this agreement. 5 In accordance with the Debt Collection Improvement Act of 1996, the Department of Treasury requires a Taxpayer Identification Number for individuals or businesses conducting business with the agency. Cooperator’s Tax ID No.: 41-0855460 APHIS-WS’s Tax ID: 41-0696271 _______________________________________ _______________________ Gary Nohrenberg, State Director Date USDA, APHIS, WS 644 Bayfield St., Ste. 215 St. Paul, MN 55107 _______________________________________ _______________________ Willie D. Harris Date Director, Eastern Region USDA, APHIS, WS 920 Main Campus Drive Suite 200 Raleigh, NC 27606 CITY OF EDEN PRAIRIE, MN: _______________________________________ _______________________ Mayor Date ______________________________________ _______________________ UNITED STATES DEPARTMENT OF AGRICULTURE ANIMAL AND PLANT HEALTH INSPECTION SERVICE WILDLIFE SERVICES GARY NOHRENBERG NOHRENBERG Digitally signed by GARY Date: 2021.11.12 07:46:35 -06'00' WILLIE HARRIS Digitally signed by WILLIE HARRIS Date: 2021.11.12 09:07:32 -05'00'11/12/2021 City Manager Date 6 WORK PLAN Introduction In accordance with the Cooperative Service Agreement between The City of Eden Prairie and the United States Department of Agriculture (USDA), Animal and Plant Health Inspection Service (APHIS), Wildlife Services (WS), this Work Plan sets forth the objectives, activities and budget of this project during the period of this agreement. The APHIS WS program uses an Integrated Wildlife Damage Management (IWDM) approach (sometimes referred to as IPM or “Integrated Pest Management”) in which a series of methods may be used or recommended to reduce wildlife damage. These methods include the alteration of cultural practices as well as habitat and behavioral modification to prevent damage. However, controlling wildlife damage may require that the offending animal(s) are killed or that the populations of the offending species be reduced. Program Objective To assist the Eden Prairie, MN in managing nuisance and damaging wildlife species within the City of Eden Prairie’s jurisdiction. Plan of Action WS personnel will remove deer from City-designated control areas using suppressed firearms equipped with night vision or thermal imaging scopes. Spotlights may also be used while conducting control activities. Safe shooting zones and safe back-drops will be established for all control areas. WS will prioritize public safety during all control operations and utilize a minimum of 2 WS personnel when conducting deer control work. Most deer control activities will be conducted at dusk/night. All control activities will be coordinated with Mathew Bourne, Parks and Natural Resource Manager and the Eden Prairie Police department. WS personnel will advise local law enforcement and the appropriate local Minnesota Department of Natural Resources Conservation officer when firearm related wildlife control work is being conducted. Under this agreement, WS will provide up to 20 scouting/bait site maintenance visits and up to 10 visits to conduct white-tailed deer control activities. The number of site visits provided may be altered to ensure that funding expenditures do not exceed the amount established in the Financial Plan of this document. As part of this agreement, WS will also remove or assist in the removal of other nuisance or damaging wildlife species as requested by the City of Eden Prairie and mutually agreed upon. WS will use generally accepted wildlife damage management tools, equipment and techniques to conduct all removal activities under this agreement. 7 FINANCIAL PLAN Cost Element Full Cost Personnel Compensation 16,303.58 Travel 0 Vehicle fuel/use 1,465.00 Other Services Supplies, Materials and Equipment 1,500.00 Subtotal (Direct Charges) 19,268.58 Pooled Job Costs 11.00% 2,119.54 Indirect Costs 16.15% 3,111.88 Agreement Total 24,500.00 The distribution of the budget from this Financial Plan may vary as necessary to accomplish the purpose of this agreement, but may not exceed: 24,500.00 Financial Point of Contact/Billing Address: APHIS-WS: Connie Timm 34912 U.S. Hwy. 2 Grand Rapids, MN 55744 218-327-3350 City of Ed en Prai rie, MN Matthew Bourne Constance.l.timm@usda.gov City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Phone: 952-949-8535 MBourne@EdenPrairie.org CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: December 7, 2021 DEPARTMENT/DIVISION: Matt Bourne, Parks and Natural Resources Manager, Parks and Recreation ITEM DESCRIPTION: Professional Services Agreement with WSB for Design and Plan Development for the Nesbitt Preserve Splash Pad Project ITEM NO.: VIII.R. Motion Move to: Authorize entering into a Standard Agreement for Professional Services with WSB & Associates, Inc. for design and plan development for the Nesbitt Preserve Park Splash Pad Project at a cost not to exceed $44,243.00. Synopsis Staff recommends entering into a professional services agreement with WSB & Associates for the design, plan development and project bidding for the Nesbitt Preserve Splash Pad project. The proposed project is scheduled in the Capital Improvement Program for 2022. Background City staff entered into an agreement with WSB for the conceptual design services for this project in August. These concepts were presented to the Parks, Recreation and Natural Resources Commission in November and a final design was selected. WSB has performed similar work for the Round Lake Phase I project and staff feels very comfortable recommending them for this project. Recommendation The proposal from WSB & Associates is in line with our estimate and staff recommends approval of this contract. Attachment Standard Agreement for Professional Services 2021 04 22 Version 2017 06 01 Agreement for Professional Services This Agreement (“Agreement”) is made on the 7th day of December, 2021, between the City of Eden Prairie, Minnesota (hereinafter “City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and WSB & Associates, Inc. (“Consultant”), a Minnesota corporation (hereinafter “Consultant”) whose business address is 701 Xenia Avenue South, Suite 300, Minneapolis, MN 55416. 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 Construction Documents and Bidding for the Nesbitt Preserve Park Splash Pad Project hereinafter referred to as the “Work”. The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit A in connection with the Work. Exhibit A is intended to be the scope of service for the work of the Consultant. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Term. The term of this Agreement shall be from December 7, 2021 through project bidding, 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 $44,243.00 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 12 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 12 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 12 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 12 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 12 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 12 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 12 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 12 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 12 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: Page 11 of 12 2021 04 22 Exhibit A Page 12 of 12 2021 04 22 CITY COUNCIL AGENDA SECTION: Public Hearings/Meetings DATE: December 7, 2021 DEPARTMENT/DIVISION: Community Development/Planning Julie Klima/Sarah Strain ITEM DESCRIPTION: Olympic Hills Golf Course Clubhouse Storage Addition 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 recently received City Council approval for an exterior façade remodel of the current clubhouse building and two (2) building additions. These additions consisted of an approximately 160 square foot 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. After the approval, the developer determined that the storage space needs to be larger to accommodate the desired storage. There are no proposed changes to the entrance vestibule. The previous site plan resolution approved building additions of approximately 1,500 square feet. The applicant is requesting to make the storage addition 400 square feet larger than the approved site plan, or 1,800 square feet. All the additions on the site will total approximately 1,990 square feet. Minor Site Plan Amendments are allowed for code compliant façade remodels and building additions less than 2,000 square feet. Background The proposed storage addition will be approximately 1,800 square feet and is anticipated to be constructed in the spring. The storage addition will be located on the northeast corner of the building, circled in red in the image to the right. This is the same location as the original approval. 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. The previous site plan approved façade modifications compliant with City Code. The additions to the storage area do not significantly alter the proposed façade materials or the percentage of Class I and Class II materials. All four (4) façades are still compliant with City Code requirements and include the same brick, limestone, terra cotta brick, and glass materials with metal and wood accents consistent with the previously approved site plan. 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. Any future additions to the clubhouse would exceed the 2,000 square feet allowed by City Code through the Minor Site Plan Amendment process and would require a full Site Plan approval process with public hearings at both Planning Commission and City Council. The 120-Day Review Period expires on February 1, 2022. Attachments 1. Site Plan Resolution 2. Guide Plan Map 3. Zoning Map 4. Aerial Map 5. Location Map CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2021-____ A RESOLUTION AMENDING THE SITE PLAN APPROVAL FOR OLYMPIC HILLS GOLF COURSE BY AULIK DESIGN BUILD WHEREAS, Aulik Design Build received Site Plan approval via Resolution 2021-70 on September 7, 2021 for the Olympic Hills Golf Club Storage Addition to add on to existing golf course building and to construct approximately 1,500 square feet of building addition; and WHEREAS, Aulik Design Build has applied for Site Plan approval for the Olympic Hills Golf Club Storage Addition to add on to existing golf course building and to construct an additional 400 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 Club Storage Addition 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 December 7, 2021 meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. That Resolution 2021-70 is superseded by this Resolution 2021-___ B. That site plan approval is granted to remodel the façade of an existing golf course building and to construct approximately 2,000 square feet of building additions, reviewed and approved by the City Council on December 7th, 2021. ADOPTED by the City Council of the City of Eden Prairie this 7th day of December, 2021. ____________________________________ Ronald A. Case, Mayor ATTEST: ___________________________ Nicole Tingley, City Clerk FRANLO RDMOUNT CURVE RD BENNETT PLPIONEER TRLOLYMPIA 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 w ill 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 w as Updated/Created: April 18, 2008 Guide Plan Map: Olympic Hills Golf CourseAddress:10625 Mount Curve RoadEden Prairie, MN 55347 Rural Low Density Residential Medium D ensity Residential Medium H igh Density Residential High Density Residential Mixed-Use Town C enter 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 & R ailroad Right-of-Way 590 0 590295 Feet Date Approved: 10-01-2019 QR1 FRANLORDBENNETT PLWINDSORTERNO T T I NGHAMTRLOLYMPIA DRWELTERS WAY BU CKINGHAM DR LAUR E LDRAMESBURY LNNIBLICK LN AMS DEN W A Y MOUNTCURVERD SPOONRDGCR OM W ELLDR OLYMPICCIR LEAFTOPCIRB L O S S O M R D B R ASSIECIRDOGWOODCIRBENNETTPLPURGATORY RD C R E E KRI DGE 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 C enter w ill prevail. ¯ Up dated through approve d Ordin ances #26-2008 Ordinan ce #33 -2001 (BFI Additio n) approve d, but not shown on th is map edition Date: March 1, 2021 0 0.250.1 25 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 T he 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 C ommercial Community Commercial Highway Commercial Airport Commercial Regional Service Commercial Regional Commercial TC -C TC -R TC -MU TOD -E TOD -R Transit Oriented D evelopment - 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 PLN O T T I NGHAMTRL LAU R ELDRCR O M WELL D ROLYMPIA DRW ILD HERO NPT OLDWAGONTRLWELTERS WAY BU CKINGHAM DRAMESBURY LNNIBLICK LN AM S DEN W A Y MOUNTCURVERD SPOONRDGWINDSORTEROLYMPICCIR B L O S S O M R D TARN CIR B R ASSIECIRDOGWOODCIRBALSAM LNBENNETTPLPURGATORY RD C R E E KRI DGE DR ENTR E 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 PLN O T T I NGHAMTRL LAU R ELDRCR O M WELL D ROLYMPIA DRW ILD HERO NPT OLDWAGONTRLWELTERS WAY BU CKINGHAM DRAMESBURY LNNIBLICK LN AM S DEN W A Y MOUNTCURVERD SPOONRDGWINDSORTEROLYMPICCIR B L O S S O M R D TARN CIR B R ASSIECIRDOGWOODCIRBALSAM LNBENNETTPLPURGATORY RD C R E E KRI DGE DR ENTR E 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/Meetings DATE: 12/7/2021 DEPARTMENT/DIVISION: Community Development/Planning Julie Klima/ Sarah Strain ITEM DESCRIPTION: Shutterfly ITEM NO.: IX.B. Requested Action Move to: • Close the Public Hearing; and • Adopt a Resolution for a Planned Unit Development Concept Review on 16.2 acres • Approve the 1st Reading of an Ordinance for Planned Unit Development District Review with waivers on 16.2 acres • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions Synopsis The applicant is requesting approval to demolish an existing office building at 11000 Viking Drive. The property is located north of I-494 and south of Lake Smetana. The property is zoned and is guided for Office use. The applicant is requesting a PUD waiver for impervious surface coverage. Shutterfly is the current tenant of the site. The proposed alterations to the site are being requested to better meet Shutterfly’s needs. Site Plan The applicant is proposing to demolish an approximately 116,685 square foot office building, the western most building on the site. The parking ratio currently approved for the property through a PUD waiver is 2.8 stalls per 1,000 square feet. Shutterfly is intending to use the site for more traditional office uses. Due to the existing low parking ratio on the site, the applicant notes it is not possible to lease the western building to another traditional office use. If both buildings were fully occupied by traditional office uses, the site would be about 300 parking stalls short of meeting code requirements. Leasing a portion of the building and meeting parking requirements with the existing stalls presents the applicant with ongoing maintenance and operating costs for an underutilized building. Alternatively, the construction of a parking ramp to allow both buildings to be fully occupied would introduce additional shoreland and impervious surface coverage concerns or PUD wavier requests. The applicant notes that there would also be aesthetic concerns for the site with the construction of a parking ramp. The eastern building and the link/breezeway currently connecting the two (2) buildings are proposed to remain. The previous tenant needed larger, open studio spaces for their work, which reduced their parking needs. Shutterfly will be using the site for traditional offices and will have a parking demand closer to City Code requirements, which is 4.2 stalls per 1,000 square feet for the eastern building based on its size. Demolishing the western building will bring the site into compliance for parking requirements, providing 4.9 stalls per 1,000 square feet. The applicant proposes to use the footprint of the demolished building to establish native grasses and wildflowers. The conversion of the building footprint to native planting area will decrease the impervious surface coverage on the site by about eight (8) percent, bringing the site closer into compliance with the shoreland impervious surface coverage requirements and improving water quality. The current link/breezeway between the two (2) buildings will be renovated into a main entrance and will include patio seating overlooking the native planting area. The new exterior wall on the link/breezeway will match the existing building materials. Additionally, the parking lot on the east side of the site will be brought closer into compliance with City Code requirements for parking lot island spacing and plantings. The parking lot on the west side of the site currently complies with City Code requirements for parking lot islands. Planned Development Waiver 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. The applicant is requesting the following waiver: A. Impervious Area The property is located within a Shoreland area. City Code allows a maximum impervious surface of 30%. The site currently has an impervious surface of 63.4%. The proposed development reduces the impervious surface to 55%. The waiver allows an impervious surface of 55%. Based on staff and Planning Commission review, the following findings are proposed with regard to the waiver for the amount of impervious surface in the Shoreland: • The waiver is consistent with the land use designation of Office in the Comprehensive Plan. This area is Office in nature, and this site is near other office properties. The proposed plan brings the site into compliance with parking requirements in the Office zoning district. • The waiver is in harmony with the general purpose and intent of the Shoreland ordinance. This project is not expected to have an impact on the environmental value of the lake and is reducing the amount of impervious surface from current conditions. The stormwater management gains from the added natural vegetation will help preserve the quality of the public water. • Approval of the waiver is consistent with the essential character of the locality. The site is surrounded by office uses. Sidewalks and Trails The previous developer’s agreement for this site required the conveyance of a five (5) foot sidewalk easement along the property line for a sidewalk to be constructed at a future date. The previous Development Agreement also included a special assessment agreement for the future sidewalk construction. Through a partnership with the City, an eight (8) foot bituminous trail along Viking Drive will be constructed by the developer as part of the overall site alterations. The City has proposed to reimburse the developer for the cost difference between the construction costs for a five (5) foot sidewalk and an eight (8) foot bituminous trail. Planning Commission Recommendation The Planning Commission voted 9-0 to recommend approval of the project at the November 8, 2021, meeting. Attachments 1. Resolution for PUD Concept Review 2. Ordinance for PUD with waivers 3. Staff Report 4. Land Use Map 5. Zoning Map 6. Aerial photo 7. Planning Commission Minutes CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2021-___ A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF SHUTTERFLY FOR TEMPUS EDEN PRAIRIE, 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 November 8, 2021, on Shutterfly by Tempus Eden Prairie, 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 December 7, 2021. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Shutterfly, 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 November 30, 2021. 3. That the PUD Concept meets the recommendations of the Planning Commission dated November 8, 2021. ADOPTED by the City Council of the City of Eden Prairie this 7th day of December, 2021. __________________________ Ronald A. Case, Mayor ATTEST: ___________________________ Nicole Tingley, City Clerk EXHIBIT A PUD Concept Legal Description: Real property in the City of Eden Prairie, County of Hennepin, State of Minnesota, described as follows: Lot 1, Block 1, and Outlot A, Lifetouch 2nd Addition, Hennepin County, Minnesota. Abstract Property. SHUTTERFLY CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. _ -2021-PUD-__-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 Office Zoning District as -2021-PUD-_-2021 (hereinafter "PUD-_-2021”). Section 3. 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 4. The proposal is hereby adopted and the designation of the land shall be, and hereby is amended in the Office Zoning District as 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 5. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of _____, 2022 entered into between Tempus Managing GP LLC, an Arkansas limited liability company, 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 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 7th Day of December, 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 ___, 2022. ATTEST: __________________________________ ___________________________________ Nicole Tingley, City Clerk Ronald A. Case, Mayor PUBLISHED in the Sun Current on _____, 2021. EXHIBIT A PUD Legal Description Real property in the City of Eden Prairie, County of Hennepin, State of Minnesota, described as follows: Lot 1, Block 1, and Outlot A, Lifetouch 2nd Addition, Hennepin County, Minnesota. Abstract Property. STAFF REPORT TO: Planning Commission FROM: Sarah Strain, Planner II DATE: November 8, 2021 SUBJECT: Shutterfly Site Plan LOCATION: 11000 Viking Drive APPLICANT: Shutterfly/Tempus Realty 120- DAY REVIEW PERIOD: REQUEST: February 9, 2022 • Planned Unit Development Concept Review on 16.2 acres • Planned Unit Development District Review with waivers on 16.2 acres • Site Plan Review on 16.2 acres BACKGROUND The applicant is requesting a PUD Concept Review, PUD District Amendment with waivers, and a Site Plan Review to demolish an approximately 116,685 square foot office building at 11000 Viking Drive. This site is approximately 16.2 acres. The site is located north of Highway 494 on Viking Drive and is on the southern shore of Lake Smetana. The site is bordered by other office land uses and park/open space. The site is outlined in the included aerial image. ZONING AND GUIDE PLAN The property is currently zoned Office, and the 2040 comprehensive plan guides the property for Office use. There are no proposed zoning or comprehensive plan changes. SITE PLAN To better meet the needs of Shutterfly, the current tenant of 11000 Viking Drive, the applicant is proposing to demolish an approximately 116,685 square foot office building, the w estern most building on the site. The eastern building and the link/breezeway currently connecting the two (2) Staff Report – Shutterfly Site Plan November 8, 2021 Page 2 2 buildings are proposed to remain. The previous tenant of the buildings required large, open spaces and studios for their business needs. This resulted in the high building square footage and low parking need. The parking ratio currently approved for the property through a PUD waiver is 2.8 stalls per 1,000 square feet. Shutterfly is intending to use the site for more traditional office uses. Their business needs will not require the large, open spaces and studios. They will use the eastern building for offices and will have a parking demand closer to the City Code requirements of 4.2 stalls per 1,000 square feet. This can all be accommodated in the eastern building, leaving the western building unutilized. Due to the existing low parking ratio on the site, the applicant notes it is not possible to lease the western building to another traditional office use. The site currently has a parking ratio of 2.8 stalls per 1,000 square feet, which is lower than the City requirement of 4 stalls per 1,000 square feet. If both buildings were fully occupied, there site would be about 300 parking stalls short of meeting code requirements. To provide sufficient parking at traditional office ratios compliant with City Code, a parking ramp would need to be constructed if both buildings were kept and used to full capacity. The construction of a parking ramp would introduce additional shoreland and impervious surface coverage concerns or PUD wavier requests. The applicant notes that there would also be aesthetic concerns for the site with the construction of a parking ramp. Alternatively, Shutterfly could lease a portion of the building out to another tenant. Based on the square footage Shutterfly is proposing to use in the eastern building and the existing parking on the site, there will be a surplus of about 99 parking stalls on the site. Shutterfly could lease to a tenant with low parking needs or only lease a portion of the building that would fit within the 99 available stalls. With a parking requirement of 4 stalls per 1,000 square feet, Shutterfly would be able to lease about 25,000 square feet of the over 110,000 square foot building for traditional office use and meet City parking requirements with the current parking count. This option to leave the building partially occupied, or even vacant, presents the applicant with ongoing maintenance and basic operating costs for the western building. The applicant is proposing to use the footprint of the demolished building to establish native grasses and wildflowers, illustrated in the concept on the left. The conversion of the building footprint to native planting area will decrease the Staff Report – Shutterfly Site Plan November 8, 2021 Page 3 3 impervious surface coverage on the site by about eight (8) percent, bringing the site closer into compliance with the shoreland impervious surface coverage requirements and improving water quality. The current link/breezeway between the two (2) buildings will be renovated into a main entrance and will include patio seating overlooking the native planting area. The existing parking l ot on the east side of the site will be brought closer into compliance with City Code requirements for parking lot island spacing and plantings. The spacing of the proposed parking lots islands is generally compliant with the requirement for an island every 20 parking stalls; there is one (1) row of the parking lot with more than 20 stalls between islands. The location of this island is in line with the other islands in the parking lot, creating visual consistency among the new parking lot islands. The parking lot on the west side of the site currently complies with City Code requirements for parking lot islands. 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 part of the PUD process, the applicant is seeking waivers to City Code requirements as outlined below. A. Impervious Area The property is located within a Shoreland area. City Code allows a maximum impervious surface of 30%. The existing site condition is 63.4% impervious surface coverage, which was approved through a PUD waiver in 2003. The proposed condition with this proposal is 55% impervious surface coverage. This waiver is being requested in order to provide the parking necessary to support the office use on the subject property Staff Report – Shutterfly Site Plan November 8, 2021 Page 4 4 adjacent to Lake Smetana. It is also requested to bring the site closer into compliance with the shoreland ordinance and to reduce the allowable impervious surface coverage on the site. This waiver is in harmony with the general purposes and intent of shoreland ordinance due to the reduction in impervious surface area and the enhanced landscaping plan. This waiver is consistent with the Comprehensive Plan as the property is zoned and guided for Office use. Approval of this waiver would be consistent with the essential character of the locality and is a reasonable use of the property due to measures being taken to reduce the amount of impervious surface coverage. PARKING This property currently has a parking ratio of 2.8 stalls per 1,000 square feet, which was approved with previous site plan approvals. This was due to the previous tenant’s use of large offices and open studio spaces, creating a lower parking need than City Code requirements. With the removal of the western building, the parking ratio changes from 2.8 stalls per 1,000 square feet to 4.9 stalls per square feet. For an approximately 142,000 square foot building, City Code requires 4.2 stalls per 1,000 square feet. This will create about a 99 parking stall surplus on the site. The proposed site plan will bring the site into compliance with parking requirements and align with typical suburban office parking demands. Planted parking lot islands will be added in the eastern portion of the parking lot to bring the site closer into compliance with parking lot island requirements. SIDEWALKS AND TRAILS The previous developer’s agreement for this site required the conveyance of a five (5) foot sidewalk easement along the property line and a special assessment agreement for the future construction of the sidewalk. Through a partnership with the City, an eight (8) foot bituminous trail along Viking Drive will be constructed by the developer as part of the overall site alterations. The City has proposed to pay the developer for the cost difference between the construction costs for a five (5) foot sidewalk and an eight (8) foot bituminous trail. The construction of the trail with the proposed site changes removes the need for a new or revised special assessment agreement for the future construction of the trail. The necessary permanent easements for the trail will need to be conveyed to the City prior to the issuance of a land alteration permit. LANDSCAPE AND TREE REPLACEMENT PLAN Landscaping requirements are based on the gross square footage of the building(s) on the site. With the removal of one (1) of the b uildings, there are no new caliper inches required for the site as part of this site plan approval. The proposed landscaping is consistent with the current landscape plan for the site, providing screening of parking areas and maintaining a vegetated area between the office building and Lake Smetana. The footprint of the western building will be planted with native grasses and wildflowers. The applicant is also proposing planting beds around the new main entrance as well as plantings in the parking lot islands. Staff Report – Shutterfly Site Plan November 8, 2021 Page 5 5 The applicant will need to account for tree replacement for the trees removed due to the trail construction along Viking Drive. Proposed removals of existing trees along Viking Drive will require 57 caliper inches of tree replacement. The applicant is proposing to plant over 200 caliper inches of trees as part of this Site Plan approval. New trees will be installed along Viking Drive after the trail is constructed to provide screening of the parking lot. ARCHITECTURE The only proposed façade change is for a new exterior wall that will enclose the link/breezeway area where the two (2) buildings currently connect. The exterior building materials will match the existing building façade, including brick, stucco, and glass. The new exterior wall will exceed the requirements for Class I materials. Rendering of the Proposed Main Entrance with Western Building Demolished. New exterior wall matches the existing building materials. STAFF RECOMMENDATION Staff recommends approval of the following request: • Site Plan Review on 16.2 acres • PUD Concept Review on 16.2 acres • PUD District Amendment with waivers for 16.2 acres This recommendation is based on the plans stamped dated November 1, 2021, staff report dated November 8, 2021, and the following conditions: 1. Prior to land alteration permit issuance, the applicant shall: A. Submit detailed storm water runoff, wetland, utility, and erosion control plans for review and approval by the City Engineer. Staff Report – Shutterfly Site Plan November 8, 2021 Page 6 6 B. Submit a tree replacement letter of credit or escrow surety equivalent to 150% of the cost of the tree replacement. C. Obtain and provide documentation of Watershed District approval. D. Notify the City and Watershed District 48 hours in advance of grading. E. Install erosion control at the grading limits of the property for review and approval by the City. F. The documentation, legal description, and execution of the sidewalk easement. 2. The following waivers have been granted through the PUD District Review for the project as indicated in the plans stamp dated November 1, 2021. A. Impervious Area City Code allows a maximum impervious surface of 30% in the Shoreland Overlay district. The existing site condition is 63.4% impervious surface coverage. The waiver allows 55% impervious area, removing just over one (1) acre of impervious area from the site. This waiver is being requested to provide the parking necessary to support the office use and to bring the site closer into compliance with the shoreland ordinance, reducing the allowable impervious surface coverage on the site. This waiver is in harmony with the general purposes and intent of shoreland ordinance. This waiver is consistent with the Comprehensive Plan as the property is zoned and guided for Office use. The proposed condition is reducing the impervious surface coverage to bring the site closer into compliance with Shoreland requirements. This waiver is consistent with the essential character of the locality and is a reasonable use of the property. 3. All signage shall require review and approval of a sign permit and shall comply with Section 11.70. Lake Smetana 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 w ill 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 w as Updated/Created: April 18, 2008 Guide Plan Map: Shutterfly (2021-15)Address: 11000 Viking DriveEden Prairie, Minnesota 55344 Rural Low Density Residential Medium D ensity Residential Medium Migh D ensity Residential High Density Residential Mixed-Use Town C enter 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 & R ailroad Right-of-Way Lakes 390 0 390195 Feet Date Approved: 10-01-2019 Project Site Lake Smetana Hwy 494 Updated through Resolution 2020-84 NE §¨¦494PRAIRIECENTERDR W 78T H S T VIKING DR VIKINGDR SMETANALN 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 C enter w ill prevail. ¯ Updated through approve d Ordin ances #10-2021 Ordinan ce #33 -2001 (BFI Additio n) approve d, but not shown on th is map edition Date: September 30, 2021 0 0.150.0 75 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 T he 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: Shutterfly (2021-15)Address: 11000 Viking DriveEden Prairie, MN 55344 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 C ommercial Community Commercial Highway Commercial Airport Commercial Regional Service Commercial Regional Commercial TC -C TC -R TC -MU TOD -E TOD -R Transit Oriented D evelopment - 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 Lakes Wetlands Project Site Lake Smetana Aerial Map: Shutterfly (2021-15)Address: 11000 Viking DriveEden Prairie, Minnesota 55344 0 210 420105 Feet ¯ Hwy 494 Lake Sm etana Project Site UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, NOVEMBER 8, 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 7:00 p.m. II. PLEDGE OF ALLEGIANCE – ROLL CALL III. APPROVAL OF AGENDA MOTION: DeSanctis moved, seconded by Higgins to approve the agenda. MOTION CARRIED 9-0. IV. MINUTES MOTION: Taylor moved, seconded by Kirk to approve the minutes of October 25, 2021. MOTION CARRIED 9-0. V. PUBLIC HEARINGS A. SHUTTERFLY Request for: • Planned Unit Development Concept Review on 16.2 acres • Planned Unit Development District Review with waivers on 16.2 acres • Site Plan Review on 16.2 acres Terry Helland, of RSP Architects, presented a PowerPoint and detailed the application. The property at 11000 Viking Drive in Eden Prairie had a 12-year lease commitment providing 500-700 jobs. This application attempted to solve the building’s current parking ratio problem, reduce the pressure on the stormwater management system, and provide increased green space and additional outdoor PLANNING COMMISSION MINUTES November 8, 2021 Page 2 amenity space. The request was to demolish the current unusable west building on the three-building campus, enhance the entry and arrival experience with a wrap- around sunshade canopy, and rebuild the west façade of the Entry/Commons at the previous building connection. Landscape and site improvements were included, including a new entry walkway, an accessible patio, new lawn greenspace, parking improvements and the addition of a new sidewalk/biking trail. This project would add eight percent to the pervious area impervious reduced from 63.36 percent to 55.15 percent. Helland displayed the existing and proposed plan views, the overall landscape plan, and renderings of the final building. Consolidating the campus in this matter reduced the square footage and increased the parking ratio from 2.81 to 4.9 per 1,000 square feet of floor area. The site plan showed the proposed parking and adding landscape islands and trees on the east side. Helland displayed the lobby plan, which showed the new western wall and doors. The elevation rending showed the three main materials: glass, brick and stucco. Mette asked how long Tempest owned the property. Helland introduced Brad Runsick of Tempus, and Runsick replied Tempus was in contract negotiations but did not yet own the property. Lifetouch, now Shutterfly, owned the building and had since 1997. Klima presented the staff report. The applicant is proposing to demolish an approximately 116,685 square foot office building at 11000 Viking Drive. The western building on the property at north of Highway 494 on Viking Drive would be demolished and native plantings established to decrease impervious surface area in the shoreland. A PUD waiver for impervious surface coverage was also requested to bring the allowable impervious area closer into compliance with the City’s shoreland ordinance. Staff recommended approval. MOTION: Markos moved, seconded by Gooding to close the public hearing. Motion carried 9-0. Gooding commended the improvement to the existing site. Kirk agreed. Mette stated while there were good components she thought it was unusual to take down a relatively new office building, though she understood the reasons why. She also thought more could be done to provide more amenities, include leaving the existing sidewalk than ran along the back of the west wing, almost reaching Viking Drive, in place to create a walking loop. The sidewalk that ran along the westernmost parking spaces to the building entrance could be extended all the way to Viking Drive. PLANNING COMMISSION MINUTES November 8, 2021 Page 3 DeSanctis noted the Site Plan was dated June 10, 2019, making it the original survey, and asked if there was a plan to add more benches than what were shown. Helland replied there was no plan for that but it could be explored. There was currently a connection from the backside of the lobby to the trail. DeSanctis stated it would be good to encourage people to sit and gaze at nature, which was being improved on this site. Helland replied the first priority was making this proposal happen for Shutterfly, who was considering further improvements to the site. DeSanctis noted the 2019 revision showed the approximate FEMA flood zone and asked if this was set or flexible. Helland replied he would have to speak to his civil engineer. A wetland mitigation study had been done but he was not sure if the FEMA flood zone was decided upon. Farr stated he liked the idea of a trail looping around the Viking Drive and was glad to see a biking trail added. MOTION: Kirk moved, seconded by Gooding to recommend approval of the Planned Unit Development Concept Review on 16.2 acres; Planned Unit Development District Review with waivers on 16.2 acres; Site Plan Review on 16.2 acres based on the information outlined in plans stamp dated November 1, 2021 and the staff report dated November 8, 2021. Motion carried 9-0. 2. THE ELLIE Request for: • Guide Plan Change from Low Density Residential and Industrial Flex-Tech to Medium High Density Residential on 6.4 acres • Planned Unit Development Concept Review on 6.4 acres • Planned Unit Development District Review with waivers on 6.4 acres • Zoning Change from R1-22 and I-2 to RM-2.5 on 6.4 acres • Preliminary Plat of 7 parcels into one lot and one outlot on 6.4 acres Scott Peterson, of United Properties, introduced himself and his firm. Matt Johnson, of the DLR Group, presented a PowerPoint and detailed the application. These seven parcels of single-family homes would be consolidated into 6.4 acre- site with a multifamily residential project of 239 units: 39 studio units, 97 one- bedroom units, 36 one-bedroom units with a den, and 67 two-bedroom units. The proposal included 404 parking stalls, 197 underground and 207 surface stalls. There would be an open-air surrounded courtyard with a pool, pickle ball and bocce ball courts, culinary garden beds, a patio with an outdoor kitchen, a children’s play area, lawn areas, and a fire pit. The development would preserve 20 significant trees and create pocket green roofs, provide EV charging stations, PLANNING COMMISSION MINUTES November 8, 2021 Page 4 recapture stormwater to water native plant gardens, and provide higher density housing affordable units. Nathan Kaye, architect, stated the development’s name paid homage to Elizabeth Fries Ellet, who was credited with naming the City of Eden Prairie. He displayed images of the exterior color pallet which drew inspiration from the nearby new Applewood Pointe development and the Smith Coffee Shop. He displayed and explained the Ledgestone, the fiber cement panels, and the stone accents. A “plastic” look was deliberately avoided. Johnson presented elevations and renderings green roof to reduce impervious space on third floor to allow residents to see it. The intent, along with the native gardens, was to put as much green space back into the development site. Mette asked what rent level of apartments were comparable. Peterson replied the rental rates were meant to be attainable, and the average ranged from $1.70 $2.34/square foot. The average unit size ranged from 575 square feet to 1200 with an approximate average of 850 square feet. Mette noted the great outdoor amenities but asked how they compared to the indoor amenities which would be available all year, such as a community room. Peterson replied extensive research was done on the amenities package and in his opinion the amenities were overbuilt, which increased the unit price. TV rooms, theatre rooms and golf simulators were not appropriate for the audience the applicant was trying to reach. Farr commended the large windows to allow daylight inside and the balcony placement, which were staggered, not lined up in rows. He suggested larger format cast concrete for the tall, long retaining walls. Johnson stated keystone tile- type blocks were being considered for the retaining walls. Farr urged him to reconsider the choice of materials in favor of long-term durability and performance. He asked for and received confirmation the development would comply with sound ordinances. Farr asked him to expand on the pocket green spaces on the third floors. Johnson replied that residents would be able to look out from glass windows onto the green roof. It was not intended to be walked on. The stormwater treatment was not yet fully designed. Taylor asked if the green roof was not accessible, what maintenance would be done and if there were walls sufficiently high to prevent someone from falling off the roof. Johnson replied the green roof was not accessible except by an exterior lift. It was intended to be a community garden that residents could experience as a PLANNING COMMISSION MINUTES November 8, 2021 Page 5 teaching garden and change without actually walking out into the garden. Taylor asked what existed on the site presently, and Johnson replied the seven homes intended for demolition were currently still on site. DeSanctis stated he appreciated the sustainable components, but there were several healthy white pines or Scotts pines on the south side along Nathan Lane. He asked if they would be preserved. Johnson replied he believed the 20 trees to be saved was the best they could do given the grading. DeSanctis asked if he would consider planting white pines. Johnson replied he would consider that. He stated the development would plant more evergreen trees than currently existed on the site. DeSanctis asked if there were habitats or ecosystems encroached upon, and Johnson replied to his knowledge there were none. Gooding echoed Farr’s suggestions for the retaining wall. Light pollution was also a concern. He suggested turning the proposed railing into a fence with walls high enough to minimize light pollution from headlights at night. Johnson replied a fence was possible, and there would be the aforementioned evergreen screening. Gooding asked how serious solar was for the future of this development. Johnson replied the development would be PV ready, which was affordable and a lifelong goal for the project. Higgins asked the lifespan of a wooden building instead of steel, which would save costs but perhaps would not be durable. Johnson replied wood is one of the oldest building materials. It was a challenge to use lumber since it shrank, but the development was designed for shrinkage and shift to minimize cracks. Wood was a durable, resilient and quality product and it was also affordable, sustainable and renewable. DeSanctis asked how the proposed right turn lane would work with the existing sidewalk and rights of way. Johnson replied the lane would align along the sidewalk and trail. Taylor asked why the floorplan max occupancy was a two-bedroom unit instead of a three-bedroom. Peterson replied the target demographic tipping point was a two-bedroom unit; people who needed a three- bedroom unit would go to a different development altogether. Klima presented the staff report. The applicant proposed to construct a 239-unit apartment building at Lincoln Lane, demolishing seven family homes around Lincoln Lane and removing the street. There were industrial uses to the north and east, commercial and residential uses to the south and residential to the west. The development would be a 349,800 square foot apartment building, with a four- story building over one level of underground parking with surface parking around the perimeter of the site. The proposed project density would be 37 units per acre. The applicant requested an amendment of the guide plan from Low Density PLANNING COMMISSION MINUTES November 8, 2021 Page 6 Residential and Industrial Flex Tech to Medium-High Density Residential and a rezoning of the property from Industrial and R1-22 to RM-2.5. The applicant proposed to dedicate 50 feet of land across the northeast corner of the site for right-of-way allowing for the potential to extend Fuller Road to Eden Prairie Road in the future. Eden Prairie recently updated its parking requirements for efficiencies and studio units. Staff recommended approval subject to conditions outlined in the staff report. Mette asked if Klima knew the density of the PUD development to the south. Klima replied Smith Village had a density of 23 units per acre, ApplePointe 26 units per acre, and Trail Point Ridge was almost 29 units per acre. The zoning for these was also RM-2.5 with a PUD. Mette asked for and received confirmation the new City requirement was 150 square feet of usable open space per unit. Klima added this project met that and exceeded it by providing 192 square feet of usable open space per unit. Mette asked for and received confirmation that the 192 square feet included the allowable indoor open space as well. Mette noted 100 parking stalls in a row along the south and eastern edges and asked how this was allowed. Klima replied the requirement of parking islands every 20 stalls did not apply to single row parking. Farr asked for clarification on the offsite sewer connection: there was a long deep sewer connection running eastward toward Fuller Road through private property. Rue replied staff was working with the development team on this and recently came up with a plan to extend that east direction. There was an existing 30-foot easement along the north property line and the applicant would drill through a large portion of that. Farr asked if the other sewer line would be abandoned in place. Rue replied it would not be abandoned, just not used. It could be removed in the case of a future development or filled. It would be plugged at some point at the manhole cover. Farr noted a minor discrepancy in the landscaping plan, in which three significant trees will be cut, not saved as indicated. He asked if it was fair to say the applicant would recalculate the tree caliper loss. Klima replied one of the recommendations by staff was that all plans be updated and calculations reworked prior to City Council review. Farr noted the stormwater plan was well done and asked if there should be any concern of Mitchell Lake having an impact. Rue replied there were a few comments provided to the developer regarding the permeable pavement so that water was not directed into that area. Donald Hanson presented a PowerPoint on color science and theory, which was his specialty as a college professor at five universities. He lived across the street PLANNING COMMISSION MINUTES November 8, 2021 Page 7 from the project. The proposed color scheme did not represent the neighborhood or Eden Prairie and he detailed why this was so in his presentation. Mark Thieroff, representing the property owner to the north and east, stated his letter was in the commissioners’ packets. He took issue with the screening and fencing since there was a three-acre parcel of undeveloped land to the east. He was concerned about residents migrating onto the unfenced property and wanted to see the fencing for the development continue along the east side to enclose the development. He noted the proposed maple trees as screening and suggested this would be more effective. Scott Malmsten, one of the seven Lincoln Lane property owners, stated United Properties worked well with the owners of the seven homes to be demolished. Applewood Pointe was a good project with a good color scheme, and he was confident the applicant would do the same work here. Elizabeth Petry asked if there was an image of the intersection. Klima pulled up the image. Petry stated she lived on Timberlake Drive across from the entryway to this development, and this was the sole point of egress for many other residents and families in her HOA. She was concerned about traffic as there were apartments with children requiring school buses on a busy road nearby. She also expressed concern about light pollution from vehicles and the significant doubling of parking places, though she appreciated the sustainability of the development. She wanted to raise concerns of her neighbors, many of whom could not attend tonight. Jonathan Smith spoke in favor of the development. He suggested a raised crosswalk for traffic calming and safety. He found the affordability of this project to be realistic. MOTION: Gooding moved, seconded by Taylor to close the public hearing. Motion carried 9-0. Mette stated the overall idea of an apartment building here made sense but what the commission saw here was too much. The PUD development next door had only 23 unit per acre and now understanding all the other pieces she found this to be too much density for the site. Gooding stated he struggled with the same thoughts as Mette. The density was an issue but looking at the development cost became an issue as well. There was a tradeoff between what could go in and what could be done economically. He had PLANNING COMMISSION MINUTES November 8, 2021 Page 8 concluded the prospect of lower priced affordable housing in Eden Prairie was worth the price of the density. Kirk stated he had been on the Planning Commission for a long time and started out being against density, then came to the reluctant conclusion that Eden Prairie was growing. Growth would probably show up as increased density in certain areas of Eden Prairie, and this was an appropriate area for it. He admitted it would be nice to go with a less dense development but Eden Prairie needed affordable housing. The details were especially important, such as screening and fencing. He concluded this was a good project to go forward. Higgins concurred but added she wanted to see something change the way the traffic moved off the highway toward Eden Prairie Road. This was a heavily traffic area, and a short time ago there were discussions about the high school nearby, also school buses and traffic being backed up. Presently existing neighborhoods needed to be considered and she did not know how that could be approached. She had no answers, as she was also eager to support affordable housing in Eden Prairie. Pieper asked Johnson and Kaye to address the screening of the parking lot. Johnson replied a six-foot fence was not necessary but the goal was to plant and use landscape as well as they could. Peterson added there would be a combination of fencing and plant screening. Pieper asked how residents would be kept out of the unfenced wooded area to the east. Johnson replied there would be a 30-foot retaining wall, and in addition he saw no reason for residents to go down that path, as there was no amenity there. With the fence line and amenity space already built, he did not see residents going onto the neighboring wooded property. Pieper asked the applicant to address the intersection and traffic. Peterson replied a traffic study had been commissioned by the City to examine traffic up and down Eden Prairie Road. Farr stated residents should see, instead of “traffic getting worse,” the proactive service provided by the City in its foresight to provide for future needs by widening roads and replacing underground pipes. Pieper asked about the potential of a raised crosswalk. Johnson replied this could be possible. Taylor asked if a noise survey had been done or could be done. Peterson stated he did not anticipate a noise problem and his firm did not usually conduct noise studies. DeSanctis stated that studies showed a reduction in the allowable speed PLANNING COMMISSION MINUTES November 8, 2021 Page 9 limit by as little as five miles an hour showed a detectable reduction in noise. Rue replied reduction in speed would indeed show a reduction in noise. However, noise was due to engines and tires and the road in question (Hennepin County 4) was a county road with a 45-miles per hour speed limit. It would be up to the County to commission a speed study in conjunction with the state. Farr stated he found this a good project and was okay with the level of density but wanted to give due credit to Mette for raising her objections. The development initially seemed jam-packed, alarming him. One interior corridor was two-and-a- half football fields long. However, he found this development came down to transitions between zones and uses and it could not be placed in a better position in Eden Prairie given the City’s goals. No headlights would be facing west to throw light off the site into the eyes of other residents—this was just a drive aisle. The developer had done a good job buffering given the circumstances with an attractive contemporary design. Trees unfortunately had to be lost in this case but there would be plantings which would grow back. Mette added she was a developer who developed apartments like this, in fact, around the Twin Cities and she was confident the applicant could work with lower density, perhaps 30 units per acre. She wished to see something on a smaller scale. MOTION: Kirk moved, seconded by Gooding to recommend approval for the Guide Plan Change from Low Density Residential and Industrial Flex-Tech to Medium High Density Residential on 6.4 acres; Planned Unit Development Concept Review on 6.4 acres; Planned Unit Development District Review with waivers on 6.4 acres; Zoning Change from R1-22 and I-2 to RM-2.5 on 6.4 acres; Preliminary Plat of seven parcels into one lot and one outlot on 6.4 acres based on information outlined in plans stamp dated October 27, 2021 the staff report dated October 27, 2021. Motion carried 8-0 with one nay vote (Mette). PLANNERS’ REPORT NEIGHBORHOOD COMMERCIAL GAS STATIONS ZONING AMENDMENT Klima presented the new proposed zoning amendment, in which the City proposed to remove new gas stations as a permitted use in the Neighborhood Commercial zoning district. It would allow existing gas stations to remain as permitted uses, and it also would amend the ordinance to remove reference to the Neighborhood Commercial zoning district in the performance standards section PLANNING COMMISSION MINUTES November 8, 2021 Page 10 for gas stations. Staff was asking the commission to make a recommendation to the City Council. Kirk asked Klima to give more context on where this request came from, as he had not attended or listened to the October 26, 2021 City Council meeting. Klima replied at that meeting there had not been broader discussion on this question. Staff was directed to come back with this amendment. Discussion followed on the definition of “gas station” and “convenience store.” Kirk suggested anything that pumped gas, including a convenience store, was a gas station and would be included in this amendment. Mette lamented this would be outlawing convenience stores, and Kirk replied he did not see that in this amendment. Gooding asked how many neighborhood commercial areas in Eden Prairie could have a gas station in them. Klima stated she did not have a number. She named the multiple commercial zoning districts that would continue to support gas stations if this amendment were approved. Farr noted this amendment might become outmoded as society moved toward electric vehicles, and this appeared to be a safety ordinance rather than one that prohibited convenience stores. Mette reiterated she did not necessarily object to the amendment but this could prohibit even a small gas station at the Hennepin Town Road site. Taylor added the total number of bays were a factor and asked if this would prohibit gas stations but allow automotive service repair. Klima replied the amendment would not prohibit automotive repair businesses. Mette stated this clarification was helpful. Klima requested the commission consider the code amendment language as proposed rather than in the context of a specific application. Mette reiterated she was not necessarily opposed to the amendment but had misgivings about its consequences. Discussion followed on the scope of this amendment. MOTION: DeSanctis moved, seconded by Farr to recommend approval to the City Council of an amendment regard gas stations in the Neighborhood Commercial (N-Com) Zoning District. Motion carried 9-0. MEMBERS’ REPORTS The Commission congratulated Klima on her promotion to community development director. VI. ADJOURNMENT MOTION: Farr moved, seconded by Higgins to adjourn. Motion carried 9-0. The meeting was adjourned at 9:16 p.m. CITY COUNCIL AGENDA SECTION: Public Hearings/Meetings DATE: 12/7/2021 DEPARTMENT/DIVISION: Community Development/Planning Julie Klima/ Beth Novak-Krebs ITEM DESCRIPTION: The Ellie ITEM NO.: IX.C. Requested Action Move to: • Close the Public Hearing; and • Adopt a Resolution for a Guide Plan Change from Low Density Residential and Industrial Flex Tech to Medium- High Density Residential on 6.4 acres • Adopt a Resolution for a Planned Unit Development Concept Review on 6.4 acres • Approve the 1st reading of a Planned Unit Development District Review with waivers and Zoning Change from R1-22, and I-2 to RM-2.5 on 6.4 acres • Adopt a Resolution for a Preliminary Plat of 7 parcels into 1 lot and 1 outlot on 6.4 acres • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions Synopsis The applicant is requesting approval to construct a 2 39-unit apartment building at Lincoln Lane. The property is located on the east side of Eden Prairie Road about ¼ mile south of Highway 5. The property is just north of the historic Smith Douglas More House and the Applewood Pointe development. The total project site is 6.4 acres and involves the redevelopment of seven single family homes around Lincoln Lane and the removal of the street. There are industrial uses to the north and east, commercial and residential uses to the south and residential to the west. The applicant is proposing to raze the single-family homes and build a 349,800 square foot apartment building. The proposal includes a 4-story building over one level of underground parking with surface parking around the perimeter of the site. The proposal includes a mix of unit types. The proposed project density is 37 units per acre. The applicant is requesting an amendment of the guide plan from Low Density Residential and Industrial Flex Tech to Medi um-High Density Residential and a rezoning of the property from Industrial and R1-22 to RM-2.5. Background PLANNING COMMISSION REVIEW The Planning Commission voted 8-1 to recommend approval of the project to the City Council at the November 8, 2021 meeting. The commissioner that voted nay generally supported residential development on this site, but felt the density was too high. Birchwood Labs owns property to the north and east of The Ellie project. A representative for Birchwood Labs shared comments with the Planning Commission on November 8. Birchwood Labs has concerns about the potential for residents of The Ellie to trespass onto their property, headlight glare, and screening between the two uses. In an effort to address Birchwood’s comments, the applicant is proposing a 4-foot tall solid fence along the parking area on the east side of the building. A copy of the proposal with the 4-foot wood fence has been provided to the representative of Birchwood Labs. The revised plan has been reviewed by Birchwood Labs and comments have been submitted in the attached letter. With the removal of the dog run and associated fencing as requested by City staff, Birchwood Labs is requesting the addition of the 4-foot wood fencing between The Ellie project and the property Birchwood Labs owns to the north. In addition, the attached letter includes a request that the City require the developer to conduct a noise study. SITE PLAN Access to the site is located across from Timber Lakes Drive on the west side of Eden Prairie Road. The design of the site provides for vehicular access around the building. A large open courtyard proposed in the center of the structure includes am enities for the residents such as a pool, outdoor dining area, pickleball court, playground, bocce ball, garden plots and lawn area. In the northeast corner of the property, the applicant is providing 50 feet of right-of-way to preserve future roadway connection alternatives for the area. 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, the ap plicant is seeking waivers to City Code requirements as outlined below. 1. Density from 17.4 units per acre to 37 units per acre. City Code allows a maximum density of 17.4 units per acre in the RM-2.5 Zoning District. The applicant is proposing 239 units. Using the current size of the site (6.40 acres), the density is 37 units per acre. There are other projects in this neighborhood that have densities greater than 17.4 units per acre. The density is consistent with the requested Comprehensive Plan guiding. 2. Number of Parking Stalls from 439 parking stalls to 404 parking stalls City Code requires 1 parking stall per studio or efficiency unit and 2 stalls for all other units. Applying City Code requirements, the project requires 439 parking stalls. The proposed site plan includes 404 parking stalls rather than 439. Staff compared the proposed parking for The Ellie to the parking for the Martin Blu apartments. Although Martin Blu has fewer units overall, the unit breakdown is similar to The Ellie. A waiver was approved to allow Martin Blu 1.06 parking stalls per studio unit rather than 2 stalls as required at that time. Martin Blu complied with the parking requirements with an average parking ratio of 1.8 stalls per unit. Staff is not aware of any issues with parking demand at Martin Blu. The Ellie project is required 1 parking stall per studio unit consistent with a recent code amendment and 2 stalls for all other units. Although the proposed plan for The Ellie is deficient by 35 parking stalls, the average parking ratio is 1.7 parking stalls per unit. In addition, the Paravel project also has a parking ratio of 1.7 stalls per unit. The proposed parking is consistent with other apartment projects in the community. 3. Covered Parking Stalls from 219 parking stalls to 197 parking stalls City Code requires 50% of the parking stalls to be covered. The proposed underground parking garage includes 197 parking stalls. Of the 404 parking stalls provided, 197 are proposed to be covered, which equates to 49%. 4. Impervious Coverage from a Maximum of 30% to 48.8% A portion of the property is located within a Shoreland area. City Code allows a maximum impervious surface of 30% in the Shoreland. The site currently has an impervious surface of 24%. The proposed development includes an impervious surface of 48.8%. Therefore, the applicant is requesting a waiver to exceed the 30% maximum impervious coverage. To off-set the increased impervious coverage, the proposed plan includes 40,000 square feet of pervious pavement, green roofs, stormwater reuse, garden plots and native plantings. 5. Landscaping Requirements from 871 caliper inches to 448 caliper inches City Code requires 871 caliper inches. The plan proposes 448 caliper inches. The applicant is requesting approval of a waiver to reduce the caliper inches from 871 to 448. The planting of overstory trees on the site is constrained by a number of factors making it difficult to meet the landscaping requirements. In addition, City Code only allows 25% of the required caliper inches to be replaced by shrubs or planting beds. The purpose of the limitation is to encourage the use of more overstory and understory trees to comply with the requirements. Since the planting of trees is limited on the site, the proposed plan includes far more shrubs and planting beds than the threshold provided for calculation purposes to replace caliper inches. If all of the shrubs and planting beds could be counted toward the caliper inch requirements, the proposed plan would include 997 caliper inches. What will actually be installed in the ground exceeds the requirements. The applicant is also incorporating green roofs and garden plots in the courtyard. The site will be well landscaped. The City has approved landscaping waivers for Smith Village and Paravel. 6. Building Height from 45 feet to a maximum of 51 feet 4 inches The maximum building height allowed in the RM-2.5 is 45 feet. The proposed building is 4-stories. The building includes angled parapets to resemble adjacent residential roof lines. The parapets vary in height from 46 feet to 51 feet 4 inches. The highest parapet is located on the west side of the building adjacent to the garage entrance. Staff supports the waiver. The angled parapet along with other building details provide visual variety and breaks the long facades into visually distinct sections. INCLUSIONARY HOUSING On September 7, 2021, the City Council adopted an ordinance for Inclusionary Housing. The project complies with the inclusionary housing requirements. The developer is also pursuing a TIF request for this project. The developer will be required to include the statutorily required 20% of units affordable to households at or below 50% of AMI as well as an inclusionary housing contribution of 5% of units affordable at or below 80% of AMI. The TIF units would remain affordable for the term of the district while the latter units would remain affordable in perpetuity. INTERSECTION IMPROVEMENTS AND ACCESS Both Hennepin County and the City recommended that additional internal queuing space be added at the access point to avoid spillback onto Eden Prairie Road and minimize traffic conflicts on the site. The developer has made alternative modifications as opposed to increasing the queuing distance. The alternative modifications proposed on the plan includes adding a northbound right turn lane on Eden Prairie Road as well as providing stop controls to help designate right-of-way, reduce driver confusion and improve circulation at the internal access point. The addition of the turn lane requires moving the existing trail on the east side of Eden Prairie Road to the east. A portion of the trail will be located on The Ellie property. The applicant will provide a Trail Easement that will allow public use of that portion of the trail on private property. The intersection improvements will include moving a signal pole and cabinet out of the right-of-way and onto The Ellie property. An easement will be provided for the signal pole and cabinet and an easement document will be submitted to the City and Hennepin County for review and approval. In connection with the City’s plans to further study this area and identify and establish alternative access points and enhance connectivity, the developer has designated future right-of-way along the north end of the project for a possible future connection over to Fuller Road since the proposed development, if constructed, would eliminate Lincoln Lane as an option. LANDSCAPE AND TREE REPLACEMENT PLAN In an effort to enhance the existing landscape buffer between Applewood Pointe and the proposed project, the applicant is proposing to plant 10 Green Giant Arborvitae and 1 White Fir along the north side of the Applewood Pointe property. Since the plantings are on the Applewood Pointe property, the plantings are not counted toward the caliper inch requirements for The Ellie project. Applewood Pointe must be responsible for maintaining these 11 plantings. The project requires 795 caliper inches of tree replacement. Due to the site design and the number of caliper inches required for landscaping, the site cannot support both the caliper inches required for tree replacement and landscaping without creating a plan that would not be maintainable in the long term. Therefore, the applicant has agreed to pay the fee in lieu of tree replacement for 795 caliper inches to comply with the Tree Replacement requirements. DRAINAGE The development utilizes underground perforated pipes surrounded by rock media as the primary means of stormwater management. There are perforated pipe systems on the southern and northern sides of the site. Additionally, tree trenches are intended to infiltrate stormwater runoff from hardscapes within the central courtyard. Finally, the building incorporates six sections of green roof and permeable bituminous pavement across all parking stalls. These green infrastructure techniques not only treat stormwater, but also minimize the effective impervious surface for the proposed development, which is in the shoreland management district. LIGHTING The applicant is proposing site lighting around the perimeter of the parking lot. The fixtures are downcast LED with a pole height of 20 feet. The light illumination at the property lines meets Code requirements. The applicant is not proposing individual light fixtures at the exterior entrances to units or at the balconies. SUSTAINABLE FEATURES According to the applicant’s narrative, the following sustainable features are being proposed for this project. The Development Agreement will address the inclusion of these items. 1. Provide 12 EV charging stations with the infrastructure in the parking stalls closest to the courtyard The number of full installations on day one of operations will be addressed in the Development Agreement. 2. Provide a green roof on the canopy over the main entrance and several at the 3rd floor roof 3. Provide stormwater recapture for hand watering gardens in the courtyard 4. Preserve 20 significant trees 5. Use high cut-off outdoor lighting fixtures 6. Use native plants on site to reduce water use and ensure good plant growth and disease tolerance 7. Explore opportunities to salvage/re-use as much of the existing homes as possible to avoid landfills 8. Explore the opportunity to participate in Xcel Energy’s Design Assistance (EDA) program to fine tune the building envelope and mechanical systems 9. Install energy star rated appliances 10. Employ best practices for managing onsite stormwater through rain gardens, filtration basins or other BMP’s 11. Build higher density housing at a location like this, which may reduce impacts on urban sprawl 12. Use green conscious cleaning supplies for ongoing maintenance 13. Design amenity space, front of house bathrooms and back of house spaces to have occupancy sensors in place to reduce the use of lighting and electricity consumption when specific areas are not in use. Attachments 1. Letter from Attorney Mark Thieroff 2. Resolution for Guide Plan Amendment 3. Resolution for PUD Concept 4. Resolution for Preliminary Plat 5. Ordinance for PUD and Rezoning 6. Staff Report 7. Land Use Map 8. Zoning Map 9. Aerial photo 10. Planning Commission Minutes 11. Resident Comments T (612) 337-6100 F (612) 339-6591 100 Washington Ave S. | Suite 1300 Minneapolis, MN 55401 siegelbrill.com November 30, 2021 Via Email (bnovakkrebs@edenprairie.org) Mayor Ron Case and Members of the City Council City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Lincoln Lane Apartments - The Ellie Our File No. 30449 Dear Mayor Case and City Council members: I represent Birchwood Lab Associates LLP, which owns the properties located at 7900 and 7910 Fuller Road (“the Properties”). The Properties are located immediately to the east and north of the site of the proposed Ellie development. Since 1968, Birchwood Laboratories, LLC, and its predecessors have operated a successful medical manufacturing facility at 7900 Fuller Road. Throughout that period, the manufacturing facility and the seven single-family homes located on the lots now slated for the Ellie development have coexisted without difficulty. While my client does not necessarily oppose redevelopment of the seven residential lots, we raised a number of concerns before the Planning Commission about the potential incompatibility of the proposed high-density housing and the existing use of 7900 Fuller and the potential future use of 7910 Fuller, which is also guided and zoned for industrial uses. United Properties has submitted revised plans to partially address those concerns, but we believe there is still room— and cause—for improvement. Two of the concerns we expressed to the Planning Commission relate to the separation of the development site from the Properties. Given the uncertain future use of the 7910 Fuller property and the fact that United Properties has designed the surface parking for the Ellie so that car lights are directed off-site, we requested either fencing or natural screening that would block the glare of car headlights. And as residents of the new apartments will include families and children, we also requested fencing along the shared boundaries to prevent trespassing on the Properties, and particularly on the vacant, wooded 7910 Fuller property. The revised plans include a proposed 4’ tall wooden fence along the portion of the Ellie’s east boundary that it shares with the Properties and along a small portion of its north boundary. As the north boundary is also the location of the proposed dog park and since dog parks are typically fenced, we assumed that the north boundary of the development would also be fenced. We have since learned from staff that this is not the case, which means nearly the entire north boundary of the site is currently proposed to be open and unfenced. The lack of fencing along the north boundary is short-sighted and will almost certainly result in trespassing and possibly other problems. From the dog park area, the shortest distance on foot to the nearby Dairy Queen passes through the properties to the north, including the 7900 Fuller property. And this will be true, too, for foot traffic to the reconstructed Burger King and the new coffee shop planned for 16315 Terrey Pine Court, both of which will likely open before the Ellie is completed. United Properties acknowledged at the public hearing that the Dairy Queen will be a destination from the Ellie and indicated that residents would walk along Eden Prairie Road. We would request that the City require fencing along the north boundary of the site to ensure that that is the route that is used. Adequate fencing will also reduce the potential for accidents involving the open stormwater pond at the Fuller Road cul-de-sac, which is just across the street from the 7910 Fuller property. The third issue that we raised before the Planning Commission related to the possibility of noise complaints once high-density housing is added to the site, which is adjacent to a manufacturing use with an active loading dock approximately 300’ from the nearest proposed apartments. We requested that the City require United Properties to complete a baseline noise study so that the existing ambient noise profile could be documented and any appropriate noise-mitigation strategies could be integrated in the plans for the Ellie. United Properties opposed that request and stated that there would be no complaints provided the Birchwood operations complied with applicable city noise ordinances. Because we are less optimistic that the lawful nature of the manufacturing activity will alone shield Birchwood Labs from complaints and the cost of responding to them, we repeat the request that United Properties conduct a noise study. While it is true that the development site was previously used for residential purposes, the proposed development includes many apartments at the north end of the site that will be above the trees that serve to absorb sound from the Properties. There is also the potential for complaints relating to noise that does not exceed applicable noise standards, such as reverse warning systems. Thank you for your consideration. Very truly yours, Mark Thieroff (612) 337-6402 | Direct markthieroff@siegelbrill.com cc. Client (via email) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2021-____ A RESOLUTION AMENDING THE COMPREHENSIVE MUNICIPAL PLAN WHEREAS, the City of Eden Prairie has prepared and adopted the Comprehensive Municipal Plan (“Plan”); and WHEREAS, the Plan has been approved by the Metropolitan Council and was placed into effect on October 1, 2019; and WHEREAS, the proposal of The Ellie, by United Properties is for a Comprehensive Guide Plan Change from Low Density Residential and Industrial Flex- Tech to Medium High Density Residential on 6.4 acres, as legally described on Exhibit A. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eden Prairie, Minnesota, hereby adopts the amendment of the Plan based on plans stamped dated December 1, 2021 and the staff report dated December 7, 2021 and subject to Metropolitan Council approval. ADOPTED by the City Council of the City of Eden Prairie this 7th day of December, 2021. ________________________________ Ronald A. Case, Mayor ATTEST: ___________________________ Nicole Tingley, City Clerk EXHIBIT A COMPREHENSIVE PLAN AMENDMENT Legal Description Before Final Plat Lots 1 and 2, Block 1, Lincolnwood Addition (Abstract) and Lots 1, 2, 3, and 4, Block 2, Lincolnwood Addition (Abstract) and That part of the South Quarter of the Northeast Quarter of the Northeast Quarter of Section 17, Township 116, Range 22, described as follows: Beginning at a point on the North line of the said South Quarter (S ¼) of the Northeast Quarter of the Northeast Quarter distant 414.9 feet East of the Northwest corner thereof; thence South 210.0 feet; thence East 200.6 feet; thence North 210.0 feet to said North line; thence West 200.6 feet to the point of beginning (Abstract) and The East 200.6 feet of the following described tract: That part of the South one-fourth of the Northeast Quarter of the Northeast Quarter of Section 17, Township 116, Range 22 described as beginning at a point on the West line of said South one-fourth of the Northeast Quarter of the Northeast Quarter 210 feet South from the Northwest corner thereof; thence South along the West line thereof 12.24 feet, more or less to a point 108.62 feet North from the Southwest corner thereof; thence East parall el to the South line thereof a distance 615.5 feet; thence North parallel to the West line thereof 11.88 feet, more or less to a point 210 feet South from the North line thereof as measured parallel to said West line; thence West parallel to the North line thereof to the point of beginning. (Torrens) Legal Description After Final Plat Lot 1, Block 1, and Outlot A, Ellie Addition, according to the recorded plat thereof, Hennepin County, Minnesota CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2021-___ A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF THE ELLIE FOR UNITED PROPERTIES 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 November 8, 2021, on The Ellie by United Properties 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 December 7, 2021. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. The Ellie, 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 December 1, 2021. 3. That the PUD Concept meets the recommendations of the Planning Commission dated November 8, 2021. ADOPTED by the City Council of the City of Eden Prairie this 7th day of December, 2021. ___________________________ Ronald A. Case, Mayor ATTEST: ______________________________ Nicole Tingley, City Clerk EXHIBIT A PUD Concept Legal Description Before Final Plat Lots 1 and 2, Block 1, Lincolnwood Addition (Abstract) and Lots 1, 2, 3, and 4, Block 2, Lincolnwood Addition (Abstract) and That part of the South Quarter of the Northeast Quarter of the Northeast Quarter of Section 17, Township 116, Range 22, described as follows: Beginning at a point on the North line of the said South Quarter (S ¼) of the Northeast Quarter of the Northeast Quarter distant 414.9 feet East of the Northwest corner thereof; thence South 210.0 feet; thence East 200.6 feet; thence North 210.0 feet to said North line; thence West 200.6 feet to the point of beginning (Abstract) and The East 200.6 feet of the following described tract: That part of the South one-fourth of the Northeast Quarter of the Northeast Quarter of Section 17, Township 116, Range 22 described as beginning at a point on the West line of said South one-fourth of the Northeast Quarter of the Northeast Quarter 210 feet South from the Northwest corner thereof; thence South along the West line thereof 12.24 feet, more or less to a point 108.62 feet North from the Southwest corner thereof; thence East parallel to the South line thereof a distance 615.5 feet; thence North parallel to the West line thereof 11.88 feet, more or less to a point 210 feet South from the North line thereof as measured parallel to said West line; thence West parallel to the North line thereof to the point of beginning. (Torrens) Legal Description After Final Plat Lot 1, Block 1, and Outlot A, Ellie Addition, according to the recorded plat thereof, Hennepin County, Minnesota CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2021-___ RESOLUTION APPROVING THE PRELIMINARY PLAT OF ELLIE ADDITION FOR UNITED PROPERTIES BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Ellie Addition for United Properties stamp dated December 1, 2021, and consisting of 6.4 acres into 1 lot and 1 outlot, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved subject to approval of the 2nd reading of the Ordinance for 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 December, 2021. _______________________________ Ronald A. Case, Mayor ATTEST: __________________________ Nicole Tingley, City Clerk THE ELLIE 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 and I-2 Zoning Districts and be placed in the RM-2.5 Zoning District. Section 3. That action was duly initiated proposing that the designation of the land be amended within the RM-2.5 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 and I-2 Zoning Districts and placed in the RM-2.5 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 United Properties, 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 December 7, 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 Before Final Plat Lots 1 and 2, Block 1, Lincolnwood Addition (Abstract) and Lots 1, 2, 3, and 4, Block 2, Lincolnwood Addition (Abstract) and That part of the South Quarter of the Northeast Quarter of the Northeast Quarter of Section 17, Township 116, Range 22, described as follows: Beginning at a point on the North line of the said South Quarter (S ¼) of the Northeast Quarter of the Northeast Quarter distant 414.9 feet East of the Northwest corner thereof; thence South 210.0 feet; thence East 200.6 feet; thence North 210.0 feet to said North line; thence West 200.6 feet to the point of beginning (Abstract) and The East 200.6 feet of the following described tract: That part of the South one-fourth of the Northeast Quarter of the Northeast Quarter of Section 17, Township 116, Range 22 described as beginning at a point on the West line of said South one-fourth of the Northeast Quarter of the Northeast Quarter 210 feet South from the Northwest corner thereof; thence South along the West line thereof 12.24 feet, more or less to a point 108.62 feet North from the Southwest corner thereof; thence East parallel to the South line thereof a distance 615.5 feet; thence North parallel to the West line thereof 11.88 feet, more or less to a point 210 feet South from the North line thereof as measured parallel to said West line; thence West parallel to the North line thereof to the point of beginning. (Torrens) Legal Description After Final Plat Lot 1, Block 1, and Outlot A, Ellie Addition, according to the recorded plat thereof, Hennepin County, Minnesota STAFF REPORT TO: Planning Commission FROM: Beth Novak-Krebs, Senior Planner DATE: November 4, 2021 SUBJECT: The Ellie APPLICANT: United Properties LOCATION: Lincoln Lane REQUEST: • Guide Plan Change from Low Density Residential and Industrial to Medium- High Density Residential on 6.4 acres • Planned Unit Development Concept Review on 6.4 acres • Planned Unit Development District Review with waivers on 6.4 acres • Zoning Change from R1-22, and I-2 to RM-2.5 on 6.4 acres • Site Plan Review on 6.4 acres • Preliminary Plat of 7 parcels into 1 lot and 1 outlot on 6.4 acres BACKGROUND The applicant is request approval to construct a 239-unit apartment building at Lincoln Lane. The property is located on the east side of Eden Prairie Road about ¼ mile south of Highway 5. The property is just north of the historic Smith Douglas More House and the Applewood Pointe development. The total project site is 6.4 acres and involves the redevelopment of seven single family homes around Lincoln Lane and the removal of the street. There are industrial uses to the north and east, commercial and residential uses to the south and residential to the west. The applicant is proposing to raze the single- family homes and build a 349,800 square foot apartment building. The proposal includes a 4- story building over one level of underground parking. The proposal includes a mix of unit types including studios, 1-bedroom, 1 bedroom with den, and 2 -bedroom units. The units range in size from 524 square feet to 1,113 square feet. Common spaces within the building include a fitness center, conference room, mail room, and community room. Staff Report – The Ellie Page 2 2 COMPREHENSIVE PLAN AMENDMENT, ZONING, AND PLAT The property is currently guided Low Density Residential and Industrial Flex Tech. The applicant is requesting a reguiding of the property to Medium - High Density Residential, which allows a density of 14 - 40 units per acre. At 6.4 acres, the proposed project density is 37 units per acre. The property is currently zoned Industrial and R1-22. The applicant is requesting approval to rezone the property to RM-2.5. Provided the reguiding is approved, the proposed zoning would be consistent with the Comprehensive Plan. The applicant is proposing a preliminary plat that would combine all of the lots into one lot and one outlot for future right-of-way. Lincoln Lane and several easements will need to be vacated prior to approval of the final plat. SITE PLAN The proposed building is located in the middle of the site with surface parking around the perimeter of the building. Access to the site is located across from Timber Lake Drive on the west side of Eden Prairie Road. The design of the site provides for vehicular access around the building. A large open courtyard proposed in the center of the structure includes amenities for the residents such as a pool, outdoor dining area, pickleball court, playground, bocce ball, garden plots and lawn area. In the northeast corner of the property, the applicant is providing 50 feet of right-of- way so that the City would have the option to connect Fuller Road to Eden Prairie Road in the future. PARKING The project requires 439 parking stalls. The project includes 197 stalls in the underground parking Staff Report – The Ellie Page 3 3 structure and 207 surface parking stalls for a total of 404 parking stalls. INCLUSIONARY HOUSING On September 7, 2021, the City Council adopted an ordinance for Inclusionary Housing. The developer has engaged in discussions with the City as well as City’s consultant, Ehlers in regards to TIF possibilities. If TIF is provided by the City, affordability for the project will include the statutorily required 20% of units affordable to households at or below 50% of AMI as well as an inclusionary housing contribution of 5% of units affordable at or below 80% of AMI. The TIF units would remain affordable for the term of the district or for the period of time specified in the TIF Agreement while the Inclusionary Housing units would remain affordable in perpetuity. USABLE OPEN SPACE The project requires 150 square feet of usable open space per unit, which is equal to 35,850 square feet. The courtyard alone provides 42,227 square feet of usable open space and meets the requirements. By adding allowable indoor usable open space, the applicant is providing or 192 square feet of usable open space per unit. The applicant is exceeding the requirement. TRAFFIC The development submittal plan at the time of the traffic study showed a 245 unit residential development. After accounting for the reduction of existing family housing trips, the proposed development is expected to generate approximately 81 am peak hour, 105 pm peak hour and 1,267 daily new site trips. The study indicates that all study intersections would operate at acceptable service levels under the build conditions and future conditions. In terms of site improvements, both Hennepin County and the City recommended that additional internal queuing space be added at the access point to avoid spillback onto Eden Prairie Road and congestion on the site. The developer has made alternative modifications as opposed to increasing the queuing distance. The alternative modifications proposed on the plan include adding a northbound right turn lane on Eden Prairie Road as well as providing stop controls to help designate right-of-way, reduce driver confusion and improve circulation at the internal access point. The construction of the entrance into the site necessitates moving an existing signal pole and cabinet. A drainage/utility/signal easement for the signal and cabinet is shown on the preliminary plat. A separate drainage/utility/signal easement document must be prepared by the applicant for review and approval by the City and County and filed with Hennepin County. In connection with the City’s plans to further study this area and identify and establish alternative access points and enhance connectivity, the developer has designated future right-of- way along the north end of the project for a possible future connection over to Fuller Road since the proposed development, if constructed, would eliminate Lincoln Lane as an option. LANDSCAPE AND TREE REPLACEMENT PLAN The project requires 871 caliper inches of landscaping. The Landscape Plan provides 448 caliper Staff Report – The Ellie Page 4 4 inches of landscaping. The applicant is requesting a waiver for landscaping with more details in Planned Unit Development section of this report. The Plan includes plantings around the building foundation to enhance the appearance of the building, plantings along the perimeter of the property to screen the surface parking, and plantings in the courtyard to enhance the resident’s outdoor experiences. The plantings include a mix of trees, shrubs, perennials and native grasses. In an effort to enhance the existing landscape buffer and screening between Applewood Pointe and the proposed project, the applicant is offering to plant 10 Green Giant Arborvitae and 1 White Fir along the north side of the Applewood Pointe property as a good will gesture. These plantings are not required or counted toward the caliper inches for The Ellie project. Applewood Pointe is currently owned by the applicant. Any maintenance or replacement (if desired) of the 11 plantings must be the responsibility of the property owner on which the plantings are located. The project requires 745 caliper inches of tree replacement. The Landscape Plan provides zero caliper inches for tree replacement. Due to the site design and the number of caliper inches required for landscaping, the site cannot support both the caliper inches required for tree replacement and landscaping without creating a plan that would not be maintainable in the long term. Therefore, the applicant will be paying the fee in lieu of tree replacement for 745 caliper inches. SIDEWALKS AND TRAILS There is an existing 10 foot wide trail along the east side of Eden Prairie Road. With the addition of the northbound turn lane, the trail will be reconstructed to the east of its present location. A portion of the trail will be constructed on private property; therefore, a trail easement document will be drafted to allow public use of the trail. The applicant is proposing to provide two sidewalk connections from the front of the building to the trail. One of the connections is at the north end of the building and the other at the south end of the building. The trail provides for pedestrian access to Miller Park, the regional trail and Smith Coffee to the south and the commercial uses to the north at the intersection Eden Prairie Road and Highway 5. BUILDING ARCHITECTURE The design of the building includes a visual base around the entire building through the use of cultured stone along the first floor. Decorative parapets create roofline variation. Along with decorative parapets, the use of different colors along each façade provides visual variety and helps break down the long facades into visually distinct sections. The building includes angled parapets to resemble adjacent residential roof lines. With the parapets the building varies in height from 46 feet to 51 feet Staff Report – The Ellie Page 5 5 4 inches. The highest parapet is located on the west side of the building adjacent to the garage entrance. The applicant is requesting a waiver for building height. The primary building materials being proposed are cultured stone, fiber cement panels, fiber cement lap siding, and glass. Each façade exceeds the building material requirement for Class I material. In the RM-2.5 Zoning District, fiber cement siding is classified as a class I building material. The applicant is proposing several green roofs on the building. Staff Report – The Ellie Page 6 6 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, the applicant is seeking waivers to City Code requirements as outlined below. 1. Density from 17.4 units per acre to 37 units per acre. City Code allows a maximum density of 17.4 units per acre in the RM-2.5 Zoning District. The applicant is proposing 239 units. Using the current size of the site (6.40 acres), the density is 37 units per acre. There are other projects in this neighborhood that have densities greater than 17.4 units per acre. The density is appropriate for this site and is consistent with the requested Comprehensive Plan amendment. 2. Number of Parking Stalls from 439 parking stalls to 404 parking stalls City Code requires 1 parking stall per studio or efficiency unit and 2 stalls for all other units. Applying City Code requirements, the project requires 439 parking stalls. The proposed site plan includes 404 parking stalls rather than 439. Staff compared the proposed parking for The Ellie to the parking for the Martin Blu apartments. Although Martin Blu has fewer units overall, the unit breakdown is similar to The Ellie. A waiver was approved to allow Martin Blu 1.06 parking stalls per studio unit rather than 2 stalls as required at that time. Martin Blu complied with the overall parking requirements with an average parking ratio of 1.8 stalls per unit. The City has not received concerns about parking not being available at Martin Blu. The Ellie project is required 1 parking stall per studio unit consistent with a recent code amendment and 2 stalls for all other units. Although the proposed plan for The Ellie is deficient by 35 parking stalls, the average parking ratio is 1.7 parking stalls per unit. In addition, the Paravel project also has a parking ratio of 1.7 stalls per unit. Staff supports the parking waiver. The proposed parking is consistent with other apartment projects in the community. 3. Covered Parking Stalls from 219 parking stalls to 197 parking stalls City Code requires 1 parking stall per studio unit and 2 stalls for all other units with at least one of the stalls (50% of the stalls) being covered. The proposed underground parking garage includes 197 parking stalls. Of the 404 parking stalls provided, 197 are proposed to be covered, which equates to 49%. 4. Impervious Coverage from a Maximum of 30% to 48.8% The property is located within a Shoreland area. City Code allows a maximum Staff Report – The Ellie Page 7 7 impervious surface coverage of 30% in the Shoreland. The site currently has an impervious surface of 24%. The proposed development includes an impervious surface coverage of 48.8%. Therefore, the applicant is requesting a waiver to exceed the 30% maximum impervious coverage. To off-set the increased impervious coverage, the proposed plan includes 40,000 square feet of pervious pavement, green roofs, stormwater reuse, garden plots and native plantings. 5. Landscaping Requirements from 871 caliper inches to 448 caliper inches City Code requires 871 caliper inches. The plan proposes 448 caliper inches. The applicant is requesting approval of a waiver to reduce the caliper inches from 871 to 448. The planting of overstory trees on the site is constrained by a number of factors making it difficult to meet the landscaping requirements. In addition, City Code only allows 25% of the required caliper inches to be replaced by shrubs or planting beds. The purpose of the limitation is to encourage the use of more overstory and understory trees to comply with the requirements. Since the planting of trees is limited on the site, the proposed plan includes far more shrubs and planting beds than code allows to replace caliper inches. If all of the shrubs and planting beds could be counted toward the caliper inch requirements, the proposed plan would include 997 caliper inches, exceeding Code requirements. The applicant is also incorporating green roofs and garden plots in the courtyard. The City has approved similar waivers for Smith Village and Paravel. 6. Building Height from 45 feet to a maximum of 51 feet 4 inches The maximum building height in the RM-2.5 is 45 feet. The proposed building is 4- stories. The building includes angled parapets to resemble adjacent residential roof lines. With the parapets, the building varies in height from 46 feet to 51 feet 4 inches. The highest parapet is located on the west side of the building adjacent to the garage entrance. The angled parapet along with other building details provide visual variety and breaks the long facades into visually distinct sections. DRAINAGE The development utilizes underground perforated pipes surrounded by rock media as the primary means of stormwater management. The perforated pipes are intended to infiltrate stormwater runoff from the drive aisles and roof. There are perforated pipe systems on the southern and northern sides of the site. Additionally, tree trenches are intended to infiltrate stormwater runoff from hardscapes within the central courtyard. The trees also provide additional stormwater management through evapotranspiration. Finally, the building incorporates six sections of green roof and permeable bituminous pavement across all parking stalls. These green infrastructure techniques not only treat stormwater, but also minimize the effective impervious surface for the proposed development, which is in the shoreland management district. Drainage swales along the top of retaining walls, grading of the parking areas, and stormwater inlets are intended to minimize the risk of stormwater runoff from adversely affecting the Staff Report – The Ellie Page 8 8 retaining walls. The retaining walls along the northern perimeter of the site do create a low spot at the corner base of the wall to the north that could create some nuisance drainage issues for the adjacent site. To address this, two stormwater inlets have been proposed at the base of the wall for redundancy. Maintenance and cleaning of these inlets will be critical to minimize drainage issues along the wall and at the northern property. LIGHTING The applicant is proposing site lighting around the perimeter of the parking lot. The fixtures are downcast LED with a pole height of 20 feet. The light illumination at the property lines meets Code requirements. The applicant is not proposing individual light fixtures at the exterior entrances to units or at the balconies. SIGNS The applicant is proposing a monument sign near the entrance into the site, wall signs, directional signs. All of the proposed signs will require review and approval through the sign permit process and must be in compliance with Section 11.70. SUSTAINABLE FEATURES According to the applicant’s narrative, the following sustainable features are proposed for this project. 1. Provide 12 EV charging stations with the infrastructure. The number of full installations on day one of operations will be determined at a later date 2. Provide a green roof on the canopy over the main entrance and several at the 4th floor roof 3. Provide stormwater recapture for hand watering gardens in the courtyard 4. Preserve 20 significant trees 5. Use high cut-off outdoor lighting fixtures 6. Use native plants on site to reduce water use and ensure good plant growth and disease tolerance 7. Explore opportunities to salvage/re-use as much of the existing homes as possible to avoid landfills 8. Explore the opportunity to participate in Xcel Energy’s Design Assistance (EDA) program to fine tune the building envelope and mechanical systems 9. Install energy star rated appliances 10. Employ best practices for managing onsite stormwater through rain gardens, filtration basins or other BMP’s 11. Build higher density housing at a location like this, which may reduce impacts on urban sprawl 12. Use green conscious cleaning supplies for ongoing maintenance 13. Design amenity space, front of house bathrooms and back of house spaces to have occupancy sensors in place to reduce the use of lighting and electricity consumption when specific areas are not in use Staff Report – The Ellie Page 9 9 UTILITIES There are existing sanitary sewer and water mains along Eden Prairie Road and at the northeast corner of the site. The applicant is proposing to connect the sanitary sewer at Eden Prairie Road and run it around the north side of the building. The applicant is proposing to run the water around the south side of the building. The existing sanitary sewer and water system has the capacity to serve the proposed building. The sanitary sewer and water running through the project will be public. Drainage and utility easements are required over the public utilities. The applicant is proposing several hydrants around the building to provide adequate fire protection. NEIGHBORHOOD MEETING The applicant held a neighborhood meeting on August 18, 2021. According to the applicant, approximately a dozen people attended the meeting. Many of the attendees were those that live in the single-family homes on the property and there were two couples from Smith Village. The existing single-family residents shared their concern with the amount of street parking on Lincoln Lane from the Smith Coffee Shop. The Smith Village residents supported increased planting between the properties. Staff received a letter and two emails from adjacent property owners, which are attached to this report. STAFF RECOMMENDATION Recommend approval of the following requests: • Guide Plan Change from Low Density Residential and Industrial to Medium- High Density Residential on 6.4 acres • Planned Unit Development Concept Review on 6.4 acres • Planned Unit Development District Review with waivers on 6.4 acres • Zoning Change from R1-22 and I-2 to RM-2.5 on 6.4 acres • Site Plan Review on 6.4 acres • Preliminary Plat of 7 parcels into one lot and one outlot on 6.4 acres This is based on plans stamp dated October 27, 2021 and the following conditions: 1. Prior to the 1st reading by the City Council, the applicant shall: A. Revise the Lighting Plan to include the most recent site changes to the site plan. If there will be any permanent lighting such as bollards, walkway lighting, etc. in the courtyard, the lights should be included on the lighting plan. B. All trees should be located at least 10 feet from underground utilities. C. The plan includes a drainage swale along the south and north property lines and shrubs are also proposed to be planted in the swale. In order to keep the shrubs from impeding water flow, the Landscape Plan should be revised so that the shrubs are on the side slopes of the swale. The shrubs should also be tolerant of wet soils. D. Revise the Landscape Plan by removing the canopy tree next to the signal and signal cabinet to eliminate future conflicts. Staff Report – The Ellie Page 10 10 E. There are some inconsistencies between plan sheets. The plans should be reviewed and consistencies corrected. F. The final location of the sanitary sewer manhole in the existing drainage and utility easement on the north side of the property must be addressed in the Construction Drawings. G. The fuel oil tanks must be removed or abandoned in accordance with federal, state or local regulations. 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. A Trail Easement document must be prepared for review and approval by the City Engineer and Hennepin County. The document shall be filed with the final plat. C. Submit a bond, letter of credit, or cash deposit (“security”) that guarantees completion of all public improvements equivalent to 125% of the cost of the improvements. D. An easement document for the easement over the signal pole and the cabinet must be prepared for review and approval by the City Engineer and Hennepin County. The document must be filed with the final plat. E. Provide copies of legal documents, either in Association format or private covenant and agreement format to be approved by the City that shall address the following: • Describe the long term private maintenance or replacement agreement for the retaining walls. • Insertion of language in the documents that relinquishes the City of Eden Prairie from maintenance or replacement of the retaining walls. 3. Prior to land alteration permit issuance, the applicant shall: A. Submit detailed utility 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 landscaping letter of credit or escrow equivalent to 150% of the cost of the landscaping. F. Secure a Temporary Construction Easement to perform demolition work on adjacent properties. G. Developer shall make a cash payment for Tree Replacement as provided by City Code. Staff Report – The Ellie Page 11 11 H. Developer shall submit to the Chief Building Official and to obtain the Chief Building Official's written approval of plans for demolition of the homes and removal of any existing septic systems and wells on the Property. I. Developer must obtain a building permit for retaining wall construction from the City for any retaining walls greater than four feet in height. J. Obtain design approval and a permit from Hennepin County for the constriction of the right turn lane and trail reconstruction. K. Submit a land alteration bond, letter of credit, or escrow surety equivalent to 125% of the cost of the alteration. 4. Prior to building permit issuance for the property, the proponent shall: A. Pay the appropriate cash park fees. B. Provide recorded copies of any private covenants and agreements to the City following recording of the final plat. C. Submit construction plans and project specifications for public infrastructure for review and approval by the City Engineer. 5. The following waivers are granted through the PUD for the project as indicated in the plans stamp dated October 27, 2021. A. Density from 17.4 units per acre to 37 units per acre. City Code allows a maximum density of 17.4 units per acre. The applicant is proposing 239 units. Using the current size of the site (6.40 acres), the density is 37 units per acre. B. Number of Parking Stalls from 439 parking stalls to 404 parking stalls City Code requires 1 parking stall per studio or efficiency unit and 2 stalls for all other units. Applying City Code requirements, the project requires 439 parking stalls. The proposed site plan includes 404 parking stalls. C. Covered Parking Stalls from 219 parking stalls to 197 parking stalls City Code requires 1 parking stall per studio unit and 2 stalls for all other units with at least one of the stalls (50% of the stalls) being covered. The proposed underground parking garage includes 197 parking stalls. Of the 404 parking stalls provided, 197 are proposed to be covered, which equates to 49%. D. Impervious Coverage from a Maximum of 30% to 48.8% The property is located within a Shoreland area. City Code allows a maximum impervious surface coverage of 30% in the shoreland. The site currently has an impervious surface of 24%. The proposed development includes an impervious surface coverage of 48.8%. E. Landscaping Requirements from 871 caliper inches to 448 caliper inches City Code requires 871 caliper inches. The plan proposes 448 caliper inches. The applicant is requesting approval of a waiver to reduce the caliper inches from 871 to 448. Staff Report – The Ellie Page 12 12 F. Building Height from 45 feet to a maximum of 51 feet 4 inches The maximum building height in the RM-2.5 is 45 feet. The proposed building is 4- stories. The building includes angled parapets to resemble adjacent residential roof lines. With the parapets, the building varies in height from 46 feet to 51 feet 4 inches. EDEN PRAIRIE RDUS HIGHWAY 212CURTIS LNIS L A N D R D FULLER RDW 79TH ST LINCOLN LNSCHOOL RDBELAIR LN GLORY LN CAPRICE LNEDEN PRAIRIE RDUS HIGHWAY 212City 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 w ill 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 w as Updated/Created: April 18, 2008 Rural Low Density Residential Medium D ensity Residential Medium H igh Density Residential High Density Residential Mixed-Use Town C enter 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 & R ailroad Right-of-Way CityLimits 410 0 410205 Feet Date Approved: 10-01-2019MinnesotaRiverBluffsLRTRegional TrailProjectSite Proposed Guide Plan Map: The EllieAddress: 16217, 16301, 16302, 16307, 16308, 16309, 16316 Lincoln Ln.Eden Prairie, Minnesota 55344 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 C enter w ill prevail. ¯ Shoreland Management Classifications 100 - Year Floodplain Natural Environment WatersRecreational Development WatersGeneral Development Waters (Creeks Only)GD NE RD Up dated through approve d Ordin ances #26-2008 Ordinan ce #33 -2001 (BFI Additio n) approve d, but not shown on th is map edition Date: March 1, 2009 0 0.080.04 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 T he 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: The EllieAddress: 16217, 16301, 16302, 16307, 16308, 16309, 16316 Lincoln Ln.Eden Prairie, MN 55344 Rura lR1-4 4 One Family- 44,000 sf. min.R1-2 2 One Family-22,000 sf min.R1-1 3.5 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 OfficeOfficeNeighborhood CommercialCommunity CommercialHighway CommercialAirport Commercial Reg ion al Service Comm ercia lRegional Com mercialTC-CTC-RTC-M UIndustrial Park - 2 Acre Min,Industrial Park - 5 Acre Min.Gen eral I ndustrial - 5 Acre M in.Pu blicGolf CourseWaterRight o f WayTOD-R Tran sit Orie nted De velopm ent - Reside ntia l Tran sit Orie nted De velopme nt - Reside ntia lPark and Open SpaceEden Prairie RoadProject SiteTimber Lake Drive L in c olnLaneProposin g to rezone from R1-22and I-2 to RM-2.5 Aerial Map: The EllieAddress: 16217, 16301, 16302,16307, 16308, 16309, 16316 Lincoln Ln.Eden Prairie, Minnesota 55344 0 80 16040 Feet¯SmithDouglas More House Applewood PointeEDEN PRAIRIE ROADTIMBER LAKEDRIVE LIN COLNLANESelf Storage Project Site UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, NOVEMBER 8, 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 7:00 p.m. II. PLEDGE OF ALLEGIANCE – ROLL CALL III. APPROVAL OF AGENDA MOTION: DeSanctis moved, seconded by Higgins to approve the agenda. MOTION CARRIED 9-0. IV. MINUTES MOTION: Taylor moved, seconded by Kirk to approve the minutes of October 25, 2021. MOTION CARRIED 9-0. V. PUBLIC HEARINGS A. SHUTTERFLY Request for: • Planned Unit Development Concept Review on 16.2 acres • Planned Unit Development District Review with waivers on 16.2 acres • Site Plan Review on 16.2 acres Terry Helland, of RSP Architects, presented a PowerPoint and detailed the application. The property at 11000 Viking Drive in Eden Prairie had a 12-year lease commitment providing 500-700 jobs. This application attempted to solve the building’s current parking ratio problem, reduce the pressure on the stormwater management system, and provide increased green space and additional outdoor PLANNING COMMISSION MINUTES November 8, 2021 Page 2 amenity space. The request was to demolish the current unusable west building on the three-building campus, enhance the entry and arrival experience with a wrap- around sunshade canopy, and rebuild the west façade of the Entry/Commons at the previous building connection. Landscape and site improvements were included, including a new entry walkway, an accessible patio, new lawn greenspace, parking improvements and the addition of a new sidewalk/biking trail. This project would add eight percent to the pervious area impervious reduced from 63.36 percent to 55.15 percent. Helland displayed the existing and proposed plan views, the overall landscape plan, and renderings of the final building. Consolidating the campus in this matter reduced the square footage and increased the parking ratio from 2.81 to 4.9 per 1,000 square feet of floor area. The site plan showed the proposed parking and adding landscape islands and trees on the east side. Helland displayed the lobby plan, which showed the new western wall and doors. The elevation rending showed the three main materials: glass, brick and stucco. Mette asked how long Tempest owned the property. Helland introduced Brad Runsick of Tempus, and Runsick replied Tempus was in contract negotiations but did not yet own the property. Lifetouch, now Shutterfly, owned the building and had since 1997. Klima presented the staff report. The applicant is proposing to demolish an approximately 116,685 square foot office building at 11000 Viking Drive. The western building on the property at north of Highway 494 on Viking Drive would be demolished and native plantings established to decrease impervious surface area in the shoreland. A PUD waiver for impervious surface coverage was also requested to bring the allowable impervious area closer into compliance with the City’s shoreland ordinance. Staff recommended approval. MOTION: Markos moved, seconded by Gooding to close the public hearing. Motion carried 9-0. Gooding commended the improvement to the existing site. Kirk agreed. Mette stated while there were good components she thought it was unusual to take down a relatively new office building, though she understood the reasons why. She also thought more could be done to provide more amenities, include leaving the existing sidewalk than ran along the back of the west wing, almost reaching Viking Drive, in place to create a walking loop. The sidewalk that ran along the westernmost parking spaces to the building entrance could be extended all the way to Viking Drive. PLANNING COMMISSION MINUTES November 8, 2021 Page 3 DeSanctis noted the Site Plan was dated June 10, 2019, making it the original survey, and asked if there was a plan to add more benches than what were shown. Helland replied there was no plan for that but it could be explored. There was currently a connection from the backside of the lobby to the trail. DeSanctis stated it would be good to encourage people to sit and gaze at nature, which was being improved on this site. Helland replied the first priority was making this proposal happen for Shutterfly, who was considering further improvements to the site. DeSanctis noted the 2019 revision showed the approximate FEMA flood zone and asked if this was set or flexible. Helland replied he would have to speak to his civil engineer. A wetland mitigation study had been done but he was not sure if the FEMA flood zone was decided upon. Farr stated he liked the idea of a trail looping around the Viking Drive and was glad to see a biking trail added. MOTION: Kirk moved, seconded by Gooding to recommend approval of the Planned Unit Development Concept Review on 16.2 acres; Planned Unit Development District Review with waivers on 16.2 acres; Site Plan Review on 16.2 acres based on the information outlined in plans stamp dated November 1, 2021 and the staff report dated November 8, 2021. Motion carried 9-0. 2. THE ELLIE Request for: • Guide Plan Change from Low Density Residential and Industrial Flex-Tech to Medium High Density Residential on 6.4 acres • Planned Unit Development Concept Review on 6.4 acres • Planned Unit Development District Review with waivers on 6.4 acres • Zoning Change from R1-22 and I-2 to RM-2.5 on 6.4 acres • Preliminary Plat of 7 parcels into one lot and one outlot on 6.4 acres Scott Peterson, of United Properties, introduced himself and his firm. Matt Johnson, of the DLR Group, presented a PowerPoint and detailed the application. These seven parcels of single-family homes would be consolidated into 6.4 acre- site with a multifamily residential project of 239 units: 39 studio units, 97 one- bedroom units, 36 one-bedroom units with a den, and 67 two-bedroom units. The proposal included 404 parking stalls, 197 underground and 207 surface stalls. There would be an open-air surrounded courtyard with a pool, pickle ball and bocce ball courts, culinary garden beds, a patio with an outdoor kitchen, a children’s play area, lawn areas, and a fire pit. The development would preserve 20 significant trees and create pocket green roofs, provide EV charging stations, PLANNING COMMISSION MINUTES November 8, 2021 Page 4 recapture stormwater to water native plant gardens, and provide higher density housing affordable units. Nathan Kaye, architect, stated the development’s name paid homage to Elizabeth Fries Ellet, who was credited with naming the City of Eden Prairie. He displayed images of the exterior color pallet which drew inspiration from the nearby new Applewood Pointe development and the Smith Coffee Shop. He displayed and explained the Ledgestone, the fiber cement panels, and the stone accents. A “plastic” look was deliberately avoided. Johnson presented elevations and renderings green roof to reduce impervious space on third floor to allow residents to see it. The intent, along with the native gardens, was to put as much green space back into the development site. Mette asked what rent level of apartments were comparable. Peterson replied the rental rates were meant to be attainable, and the average ranged from $1.70 $2.34/square foot. The average unit size ranged from 575 square feet to 1200 with an approximate average of 850 square feet. Mette noted the great outdoor amenities but asked how they compared to the indoor amenities which would be available all year, such as a community room. Peterson replied extensive research was done on the amenities package and in his opinion the amenities were overbuilt, which increased the unit price. TV rooms, theatre rooms and golf simulators were not appropriate for the audience the applicant was trying to reach. Farr commended the large windows to allow daylight inside and the balcony placement, which were staggered, not lined up in rows. He suggested larger format cast concrete for the tall, long retaining walls. Johnson stated keystone tile- type blocks were being considered for the retaining walls. Farr urged him to reconsider the choice of materials in favor of long-term durability and performance. He asked for and received confirmation the development would comply with sound ordinances. Farr asked him to expand on the pocket green spaces on the third floors. Johnson replied that residents would be able to look out from glass windows onto the green roof. It was not intended to be walked on. The stormwater treatment was not yet fully designed. Taylor asked if the green roof was not accessible, what maintenance would be done and if there were walls sufficiently high to prevent someone from falling off the roof. Johnson replied the green roof was not accessible except by an exterior lift. It was intended to be a community garden that residents could experience as a PLANNING COMMISSION MINUTES November 8, 2021 Page 5 teaching garden and change without actually walking out into the garden. Taylor asked what existed on the site presently, and Johnson replied the seven homes intended for demolition were currently still on site. DeSanctis stated he appreciated the sustainable components, but there were several healthy white pines or Scotts pines on the south side along Nathan Lane. He asked if they would be preserved. Johnson replied he believed the 20 trees to be saved was the best they could do given the grading. DeSanctis asked if he would consider planting white pines. Johnson replied he would consider that. He stated the development would plant more evergreen trees than currently existed on the site. DeSanctis asked if there were habitats or ecosystems encroached upon, and Johnson replied to his knowledge there were none. Gooding echoed Farr’s suggestions for the retaining wall. Light pollution was also a concern. He suggested turning the proposed railing into a fence with walls high enough to minimize light pollution from headlights at night. Johnson replied a fence was possible, and there would be the aforementioned evergreen screening. Gooding asked how serious solar was for the future of this development. Johnson replied the development would be PV ready, which was affordable and a lifelong goal for the project. Higgins asked the lifespan of a wooden building instead of steel, which would save costs but perhaps would not be durable. Johnson replied wood is one of the oldest building materials. It was a challenge to use lumber since it shrank, but the development was designed for shrinkage and shift to minimize cracks. Wood was a durable, resilient and quality product and it was also affordable, sustainable and renewable. DeSanctis asked how the proposed right turn lane would work with the existing sidewalk and rights of way. Johnson replied the lane would align along the sidewalk and trail. Taylor asked why the floorplan max occupancy was a two-bedroom unit instead of a three-bedroom. Peterson replied the target demographic tipping point was a two-bedroom unit; people who needed a three- bedroom unit would go to a different development altogether. Klima presented the staff report. The applicant proposed to construct a 239-unit apartment building at Lincoln Lane, demolishing seven family homes around Lincoln Lane and removing the street. There were industrial uses to the north and east, commercial and residential uses to the south and residential to the west. The development would be a 349,800 square foot apartment building, with a four- story building over one level of underground parking with surface parking around the perimeter of the site. The proposed project density would be 37 units per acre. The applicant requested an amendment of the guide plan from Low Density PLANNING COMMISSION MINUTES November 8, 2021 Page 6 Residential and Industrial Flex Tech to Medium-High Density Residential and a rezoning of the property from Industrial and R1-22 to RM-2.5. The applicant proposed to dedicate 50 feet of land across the northeast corner of the site for right-of-way allowing for the potential to extend Fuller Road to Eden Prairie Road in the future. Eden Prairie recently updated its parking requirements for efficiencies and studio units. Staff recommended approval subject to conditions outlined in the staff report. Mette asked if Klima knew the density of the PUD development to the south. Klima replied Smith Village had a density of 23 units per acre, ApplePointe 26 units per acre, and Trail Point Ridge was almost 29 units per acre. The zoning for these was also RM-2.5 with a PUD. Mette asked for and received confirmation the new City requirement was 150 square feet of usable open space per unit. Klima added this project met that and exceeded it by providing 192 square feet of usable open space per unit. Mette asked for and received confirmation that the 192 square feet included the allowable indoor open space as well. Mette noted 100 parking stalls in a row along the south and eastern edges and asked how this was allowed. Klima replied the requirement of parking islands every 20 stalls did not apply to single row parking. Farr asked for clarification on the offsite sewer connection: there was a long deep sewer connection running eastward toward Fuller Road through private property. Rue replied staff was working with the development team on this and recently came up with a plan to extend that east direction. There was an existing 30-foot easement along the north property line and the applicant would drill through a large portion of that. Farr asked if the other sewer line would be abandoned in place. Rue replied it would not be abandoned, just not used. It could be removed in the case of a future development or filled. It would be plugged at some point at the manhole cover. Farr noted a minor discrepancy in the landscaping plan, in which three significant trees will be cut, not saved as indicated. He asked if it was fair to say the applicant would recalculate the tree caliper loss. Klima replied one of the recommendations by staff was that all plans be updated and calculations reworked prior to City Council review. Farr noted the stormwater plan was well done and asked if there should be any concern of Mitchell Lake having an impact. Rue replied there were a few comments provided to the developer regarding the permeable pavement so that water was not directed into that area. Donald Hanson presented a PowerPoint on color science and theory, which was his specialty as a college professor at five universities. He lived across the street PLANNING COMMISSION MINUTES November 8, 2021 Page 7 from the project. The proposed color scheme did not represent the neighborhood or Eden Prairie and he detailed why this was so in his presentation. Mark Thieroff, representing the property owner to the north and east, stated his letter was in the commissioners’ packets. He took issue with the screening and fencing since there was a three-acre parcel of undeveloped land to the east. He was concerned about residents migrating onto the unfenced property and wanted to see the fencing for the development continue along the east side to enclose the development. He noted the proposed maple trees as screening and suggested this would be more effective. Scott Malmsten, one of the seven Lincoln Lane property owners, stated United Properties worked well with the owners of the seven homes to be demolished. Applewood Pointe was a good project with a good color scheme, and he was confident the applicant would do the same work here. Elizabeth Petry asked if there was an image of the intersection. Klima pulled up the image. Petry stated she lived on Timberlake Drive across from the entryway to this development, and this was the sole point of egress for many other residents and families in her HOA. She was concerned about traffic as there were apartments with children requiring school buses on a busy road nearby. She also expressed concern about light pollution from vehicles and the significant doubling of parking places, though she appreciated the sustainability of the development. She wanted to raise concerns of her neighbors, many of whom could not attend tonight. Jonathan Smith spoke in favor of the development. He suggested a raised crosswalk for traffic calming and safety. He found the affordability of this project to be realistic. MOTION: Gooding moved, seconded by Taylor to close the public hearing. Motion carried 9-0. Mette stated the overall idea of an apartment building here made sense but what the commission saw here was too much. The PUD development next door had only 23 unit per acre and now understanding all the other pieces she found this to be too much density for the site. Gooding stated he struggled with the same thoughts as Mette. The density was an issue but looking at the development cost became an issue as well. There was a tradeoff between what could go in and what could be done economically. He had PLANNING COMMISSION MINUTES November 8, 2021 Page 8 concluded the prospect of lower priced affordable housing in Eden Prairie was worth the price of the density. Kirk stated he had been on the Planning Commission for a long time and started out being against density, then came to the reluctant conclusion that Eden Prairie was growing. Growth would probably show up as increased density in certain areas of Eden Prairie, and this was an appropriate area for it. He admitted it would be nice to go with a less dense development but Eden Prairie needed affordable housing. The details were especially important, such as screening and fencing. He concluded this was a good project to go forward. Higgins concurred but added she wanted to see something change the way the traffic moved off the highway toward Eden Prairie Road. This was a heavily traffic area, and a short time ago there were discussions about the high school nearby, also school buses and traffic being backed up. Presently existing neighborhoods needed to be considered and she did not know how that could be approached. She had no answers, as she was also eager to support affordable housing in Eden Prairie. Pieper asked Johnson and Kaye to address the screening of the parking lot. Johnson replied a six-foot fence was not necessary but the goal was to plant and use landscape as well as they could. Peterson added there would be a combination of fencing and plant screening. Pieper asked how residents would be kept out of the unfenced wooded area to the east. Johnson replied there would be a 30-foot retaining wall, and in addition he saw no reason for residents to go down that path, as there was no amenity there. With the fence line and amenity space already built, he did not see residents going onto the neighboring wooded property. Pieper asked the applicant to address the intersection and traffic. Peterson replied a traffic study had been commissioned by the City to examine traffic up and down Eden Prairie Road. Farr stated residents should see, instead of “traffic getting worse,” the proactive service provided by the City in its foresight to provide for future needs by widening roads and replacing underground pipes. Pieper asked about the potential of a raised crosswalk. Johnson replied this could be possible. Taylor asked if a noise survey had been done or could be done. Peterson stated he did not anticipate a noise problem and his firm did not usually conduct noise studies. DeSanctis stated that studies showed a reduction in the allowable speed PLANNING COMMISSION MINUTES November 8, 2021 Page 9 limit by as little as five miles an hour showed a detectable reduction in noise. Rue replied reduction in speed would indeed show a reduction in noise. However, noise was due to engines and tires and the road in question (Hennepin County 4) was a county road with a 45-miles per hour speed limit. It would be up to the County to commission a speed study in conjunction with the state. Farr stated he found this a good project and was okay with the level of density but wanted to give due credit to Mette for raising her objections. The development initially seemed jam-packed, alarming him. One interior corridor was two-and-a- half football fields long. However, he found this development came down to transitions between zones and uses and it could not be placed in a better position in Eden Prairie given the City’s goals. No headlights would be facing west to throw light off the site into the eyes of other residents—this was just a drive aisle. The developer had done a good job buffering given the circumstances with an attractive contemporary design. Trees unfortunately had to be lost in this case but there would be plantings which would grow back. Mette added she was a developer who developed apartments like this, in fact, around the Twin Cities and she was confident the applicant could work with lower density, perhaps 30 units per acre. She wished to see something on a smaller scale. MOTION: Kirk moved, seconded by Gooding to recommend approval for the Guide Plan Change from Low Density Residential and Industrial Flex-Tech to Medium High Density Residential on 6.4 acres; Planned Unit Development Concept Review on 6.4 acres; Planned Unit Development District Review with waivers on 6.4 acres; Zoning Change from R1-22 and I-2 to RM-2.5 on 6.4 acres; Preliminary Plat of seven parcels into one lot and one outlot on 6.4 acres based on information outlined in plans stamp dated October 27, 2021 the staff report dated October 27, 2021. Motion carried 8-0 with one nay vote (Mette). PLANNERS’ REPORT NEIGHBORHOOD COMMERCIAL GAS STATIONS ZONING AMENDMENT Klima presented the new proposed zoning amendment, in which the City proposed to remove new gas stations as a permitted use in the Neighborhood Commercial zoning district. It would allow existing gas stations to remain as permitted uses, and it also would amend the ordinance to remove reference to the Neighborhood Commercial zoning district in the performance standards section PLANNING COMMISSION MINUTES November 8, 2021 Page 10 for gas stations. Staff was asking the commission to make a recommendation to the City Council. Kirk asked Klima to give more context on where this request came from, as he had not attended or listened to the October 26, 2021 City Council meeting. Klima replied at that meeting there had not been broader discussion on this question. Staff was directed to come back with this amendment. Discussion followed on the definition of “gas station” and “convenience store.” Kirk suggested anything that pumped gas, including a convenience store, was a gas station and would be included in this amendment. Mette lamented this would be outlawing convenience stores, and Kirk replied he did not see that in this amendment. Gooding asked how many neighborhood commercial areas in Eden Prairie could have a gas station in them. Klima stated she did not have a number. She named the multiple commercial zoning districts that would continue to support gas stations if this amendment were approved. Farr noted this amendment might become outmoded as society moved toward electric vehicles, and this appeared to be a safety ordinance rather than one that prohibited convenience stores. Mette reiterated she did not necessarily object to the amendment but this could prohibit even a small gas station at the Hennepin Town Road site. Taylor added the total number of bays were a factor and asked if this would prohibit gas stations but allow automotive service repair. Klima replied the amendment would not prohibit automotive repair businesses. Mette stated this clarification was helpful. Klima requested the commission consider the code amendment language as proposed rather than in the context of a specific application. Mette reiterated she was not necessarily opposed to the amendment but had misgivings about its consequences. Discussion followed on the scope of this amendment. MOTION: DeSanctis moved, seconded by Farr to recommend approval to the City Council of an amendment regard gas stations in the Neighborhood Commercial (N-Com) Zoning District. Motion carried 9-0. MEMBERS’ REPORTS The Commission congratulated Klima on her promotion to community development director. VI. ADJOURNMENT MOTION: Farr moved, seconded by Higgins to adjourn. Motion carried 9-0. The meeting was adjourned at 9:16 p.m. T (612) 337-6100 F (612) 339-6591 100 Washington Ave S. | Suite 1300 Minneapolis, MN 55401 siegelbrill.com November 3, 2021 Via Email (bnovakkrebs@edenprairie.org) Members of the Planning Commission City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Lincoln Lane Apartments - The Ellie Our File No. 30449 Dear Planning Commissioners: I represent Birchwood Lab Associates LLP, which owns the properties located at 7900 and 7910 Fuller Road (“the Properties”). The Properties are located immediately to the east and north of the site of the proposed Ellie development, and I am writing to share a number of concerns we have about that project as proposed. Since 1968, Birchwood Laboratories, LLC, and its predecessors have operated a successful medical manufacturing facility at 7900 Fuller Road. Throughout that period, the manufacturing facility and the seven single-family homes located on the lots now slated for the Ellie development have coexisted without difficulty. While my client does not necessarily oppose redevelopment of the seven residential lots, it is concerned about the potential incompatibility of the proposed high-density housing and the existing use of 7900 Fuller and the potential future use of 7910 Fuller, which is also guided and zoned for industrial uses. One potential source of incompatibility is the noise associated with my client’s current and future uses. My client complies with all applicable noise standards but is aware that such compliance will not necessarily prevent noise complaints from new residents. If this project is to move forward, we would ask the City to require the applicant to evaluate the existing noise profile on site and incorporate any necessary noise-mitigation strategies into its plans to prevent future interference with my client’s longstanding and lawful business activities. A second concern relating to the addition of high-density housing on this site is possible unmonitored access to the Properties, and particularly 7910 Fuller Road, which is currently vacant and wooded. My client requests that as part of any PUD approval for the Ellie the developer be required to provide fencing along the shared boundaries with the Properties. A related concern is the lack of effective screening in the applicant’s site and landscaping plans. The current proposal locates surface parking around the exterior of the site, with parking stalls oriented so that vehicle headlights would be directed offsite. While the future use of 7910 Fuller Road is currently undetermined, my client is concerned about the negative impact of the proposed parking configuration on that parcel in particular. Consistent with the provision in the City’s Design Guidelines calling for the use of landscape screening to limit views of parking and headlights from surrounding properties, we request that the City require either some form of structured screening along the common boundary or the replacement of the proposed maple trees with a more effective natural screen, such as one consisting of conifers or other evergreens. Screening from the ground up is particularly important given the grade difference between 7910 Fuller and the development site. Finally, we are aware that a portion of the proposed development site is benefited by a flowage and drainage easement that burdens the Properties. As the proposed grading and stormwater handling on site will eliminate the purpose of this easement, we request that the City require its termination as part of any approval issued for the Ellie project. Thank you for your attention to our concerns. Very truly yours, Mark Thieroff (612) 337-6402 | Direct markthieroff@siegelbrill.com cc. Client (via email) From:Sue Brennan To:Beth Novak-Krebs Subject:United Property Proposal off Eden Prairie Road Date:Wednesday, September 8, 2021 11:50:01 AM We are Bob & Sue Brennan who recently moved into the Applewood Pointe Coop in E.P. We are against the upcoming U.P. proposal to remove 7 residential homes off E.P. Road and build an apartment building. With the Applewood Pointe Coop, the Common Bond Bldg. and the town houses that are being built nearby, we feel this is enough density housing for this area. Thank you. From:City of Eden Prairie To:Beth Novak-Krebs Subject:Planning Commission 11/8/21 Date:Wednesday, November 3, 2021 9:54:19 PM Message submitted from the <City of Eden Prairie> website. Site Visitor Name: Donald Hanson Site Visitor Email: DFHANSON@IEEE.ORG I have communicated with you previously about color schemes on buildings. I live directly across the street from the new building at Eden Prairie Road, and Timber Lake Drive. I am one house over from that corner, so I have to look at the building many times every day. I am most concerned that the building "blend" into the environment. In particular, I would like to see the Planning Commission ask the developers for the following information from the developers: Dear Developers: (1) Please write a report on all the considerations you have made of the color scheme to fit into the most beautiful natural area of Eden Prairie. (2) When you designed this plan, have you considered the natural colors of Eden Prairie? The Eden Prairie logo on the website, and the water tower all have natural colors. How have you incorporated "Prairie colors" into a building in "EDEN" Prairie. I am concerned that they just took a template and threw together some color that they would place in downtown Mpls, or other places that are not natural cities, like Eden Prairie. The definition of Eden is "place of pristine or abundant natural beauty". I have taken many pictures of the natural prairie in the area of Purgatory Creek Park, which shows the color of the water tower. I am concerned that the developers have not made any effort at all to consider Eden Prairie as: A place of pristine or abundant Natural Beauty incorporating the colors of the "yellowish" prairie, and the natural earth below our feet. I have a presentation called "Natural Beauty" which shows pictures of the natural beauty of Eden Prairie that I would like to see incorporated into this building. Otherwise, Eden Prairie will no longer be a "A place of pristine or abundant Natural Beauty". Please let me know when I can get time to present these ideas before the Planning Commission in regard to "Elite" on Monday, November 8. Don Hanson 612-437-2245 CITY COUNCIL AGENDA SECTION: Public Hearings DATE: December 7, 2021 DEPARTMENT/DIVISION: Community Development/Planning Julie Klima ITEM DESCRIPTION: Code Amendment – Neighborhood Commercial Zoning District Gas Stations ITEM NO.: IX.D. Requested Action Move to: • Close the Public Hearing; and • Approve the 1st Reading of the Ordinance to Amend City Code Chapter 11 relating to Neighborhood Commercial Zoning District Gas Stations • Synopsis At its October 26, 2021 meeting, the City Council directed staff to prepare and bring forward an amendment to City Code that removes gas stations as a permitted use in the Neighborhood Commercial (N- Com) zoning district. Proposed Change Staff has prepared an ordinance for the Council’s consideration. The proposed ordinance includes language that would be added to Section 11.25 (Neighborhood Commercial District) stating that gasoline/convenience stores are not a permitted use in the N-Com zoning district. The amendment additionally proposes that gasoline/convenience stores in existence as of the effective date of the ordinance would remain permitted uses. There are currently three existing gas stations in the N-Com zoning district. The amendment also removes reference to the Neighborhood Commercial zoning district in Section 11.03 of the City Code. This portion of the City Code includes the performance standards for gasoline/convenience stores. The performance standards would remain applicable to gas stations in all other commercial zoning districts. Planning Commission Recommendation The Planning Commission voted 9-0 to recommend approval of the amendments to Section 11.03 and 11.25 relating to Gas Stations in the Neighborhood Commercial Zoning District at the November 8, 2021 meeting. Attachments 1. Ordinance 2. Planners Report 3. Planning Commission Minutes CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. ___-2021 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11, SECTIONS 11.03 AND 11.25 RELATING TO GAS STATIONS IN THE NEIGHBORHOOD COMMERCIAL ZONING DISTRICT; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. City Code Chapter 11, Section 11.03, Subd. 2.A.14 is hereby amended by deleting reference to N-COM as follows: 14. In the A-C, C-COM, C-REG, C-REG-SER, C-HWY, AND N-COM Districts, in the case of a gasoline/convenience store the following criteria shall apply: Section 2. City Code Chapter 11, Section 11.25, Subd. 2 is hereby amended by inserting the following: A.3. Gasoline/convenience stores shall not be permitted in the Neighborhood Commercial (N- COM), provided, however, that gasoline/convenience stores in existence as of the effective date of this ordinance shall remain, for all purposes, a permitted use under this section. Section 3. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Section 11.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 7th day of December, 2021 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the _____ day of _______________, 2022. _________________________________ _________________________________ Nicole Tingley, City Clerk Ronald A. Case, Mayor Published in the Sun Sailor on the ____ day of ______________, 2022. PLANNERS REPORT: TO: Planning Commission FROM: Julie Klima, City Planner DATE: November 8, 2021 SUBJECT: Code Amendment – Neighborhood Commercial Zoning District Gas Stations BACKGROUND: At its October 26, 2021 meeting, the City Council directed staff to prepare and bring forward to the Council a Code Amendment to remove gas stations as a permitted use in the Neighborhood Commercial zoning district. City Code requires that amendments to the zoning chapter, of the City Code, receive a recommendation by the Planning Commission prior to City Council action. The Planning Commission is asked to provide a recommendation on the draft language prepared by staff. The Planning Commission recommendation will be forwarded to the City Council as it reviews the proposed amendment. CODE AMENDMENT: Attached to this report is the draft language that has been prepared consistent with City Council direction. Amendments are proposed to 2 sections of the City Code. Revised language is proposed in the Commercial zoning district section and in the section of the Code that discusses the performance standard criteria that apply to gasoline/convenience stores. The amendment provides the following: 1. Removes gas stations as a permitted use in the Neighborhood Commercial zoning district; 2. Clarifies that existing gas stations in the Neighborhood Commercial zoning district will remain as permitted uses; and 3. For the purpose of consistency, removes reference to the Neighborhood Commercial zoning district in the section of the City Code that lists the performance standards for gas/convenience stores. The performance standards will remain applicable to gas stations in all other commercial zoning districts. STAFF RECOMMENDATION: Staff recommends that the Commission move to recommend to the City Council that City Code be amended to remove gas stations as a permitted use in the Neighborhood Commercial zoning district as proposed in the draft ordinance. UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, NOVEMBER 8, 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 7:00 p.m. II. PLEDGE OF ALLEGIANCE – ROLL CALL III. APPROVAL OF AGENDA MOTION: DeSanctis moved, seconded by Higgins to approve the agenda. MOTION CARRIED 9-0. IV. MINUTES MOTION: Taylor moved, seconded by Kirk to approve the minutes of October 25, 2021. MOTION CARRIED 9-0. V. PUBLIC HEARINGS A. SHUTTERFLY Request for: • Planned Unit Development Concept Review on 16.2 acres • Planned Unit Development District Review with waivers on 16.2 acres • Site Plan Review on 16.2 acres Terry Helland, of RSP Architects, presented a PowerPoint and detailed the application. The property at 11000 Viking Drive in Eden Prairie had a 12-year lease commitment providing 500-700 jobs. This application attempted to solve the building’s current parking ratio problem, reduce the pressure on the stormwater management system, and provide increased green space and additional outdoor PLANNING COMMISSION MINUTES November 8, 2021 Page 2 amenity space. The request was to demolish the current unusable west building on the three-building campus, enhance the entry and arrival experience with a wrap- around sunshade canopy, and rebuild the west façade of the Entry/Commons at the previous building connection. Landscape and site improvements were included, including a new entry walkway, an accessible patio, new lawn greenspace, parking improvements and the addition of a new sidewalk/biking trail. This project would add eight percent to the pervious area impervious reduced from 63.36 percent to 55.15 percent. Helland displayed the existing and proposed plan views, the overall landscape plan, and renderings of the final building. Consolidating the campus in this matter reduced the square footage and increased the parking ratio from 2.81 to 4.9 per 1,000 square feet of floor area. The site plan showed the proposed parking and adding landscape islands and trees on the east side. Helland displayed the lobby plan, which showed the new western wall and doors. The elevation rending showed the three main materials: glass, brick and stucco. Mette asked how long Tempest owned the property. Helland introduced Brad Runsick of Tempus, and Runsick replied Tempus was in contract negotiations but did not yet own the property. Lifetouch, now Shutterfly, owned the building and had since 1997. Klima presented the staff report. The applicant is proposing to demolish an approximately 116,685 square foot office building at 11000 Viking Drive. The western building on the property at north of Highway 494 on Viking Drive would be demolished and native plantings established to decrease impervious surface area in the shoreland. A PUD waiver for impervious surface coverage was also requested to bring the allowable impervious area closer into compliance with the City’s shoreland ordinance. Staff recommended approval. MOTION: Markos moved, seconded by Gooding to close the public hearing. Motion carried 9-0. Gooding commended the improvement to the existing site. Kirk agreed. Mette stated while there were good components she thought it was unusual to take down a relatively new office building, though she understood the reasons why. She also thought more could be done to provide more amenities, include leaving the existing sidewalk than ran along the back of the west wing, almost reaching Viking Drive, in place to create a walking loop. The sidewalk that ran along the westernmost parking spaces to the building entrance could be extended all the way to Viking Drive. PLANNING COMMISSION MINUTES November 8, 2021 Page 3 DeSanctis noted the Site Plan was dated June 10, 2019, making it the original survey, and asked if there was a plan to add more benches than what were shown. Helland replied there was no plan for that but it could be explored. There was currently a connection from the backside of the lobby to the trail. DeSanctis stated it would be good to encourage people to sit and gaze at nature, which was being improved on this site. Helland replied the first priority was making this proposal happen for Shutterfly, who was considering further improvements to the site. DeSanctis noted the 2019 revision showed the approximate FEMA flood zone and asked if this was set or flexible. Helland replied he would have to speak to his civil engineer. A wetland mitigation study had been done but he was not sure if the FEMA flood zone was decided upon. Farr stated he liked the idea of a trail looping around the Viking Drive and was glad to see a biking trail added. MOTION: Kirk moved, seconded by Gooding to recommend approval of the Planned Unit Development Concept Review on 16.2 acres; Planned Unit Development District Review with waivers on 16.2 acres; Site Plan Review on 16.2 acres based on the information outlined in plans stamp dated November 1, 2021 and the staff report dated November 8, 2021. Motion carried 9-0. 2. THE ELLIE Request for: • Guide Plan Change from Low Density Residential and Industrial Flex-Tech to Medium High Density Residential on 6.4 acres • Planned Unit Development Concept Review on 6.4 acres • Planned Unit Development District Review with waivers on 6.4 acres • Zoning Change from R1-22 and I-2 to RM-2.5 on 6.4 acres • Preliminary Plat of 7 parcels into one lot and one outlot on 6.4 acres Scott Peterson, of United Properties, introduced himself and his firm. Matt Johnson, of the DLR Group, presented a PowerPoint and detailed the application. These seven parcels of single-family homes would be consolidated into 6.4 acre- site with a multifamily residential project of 239 units: 39 studio units, 97 one- bedroom units, 36 one-bedroom units with a den, and 67 two-bedroom units. The proposal included 404 parking stalls, 197 underground and 207 surface stalls. There would be an open-air surrounded courtyard with a pool, pickle ball and bocce ball courts, culinary garden beds, a patio with an outdoor kitchen, a children’s play area, lawn areas, and a fire pit. The development would preserve 20 significant trees and create pocket green roofs, provide EV charging stations, PLANNING COMMISSION MINUTES November 8, 2021 Page 4 recapture stormwater to water native plant gardens, and provide higher density housing affordable units. Nathan Kaye, architect, stated the development’s name paid homage to Elizabeth Fries Ellet, who was credited with naming the City of Eden Prairie. He displayed images of the exterior color pallet which drew inspiration from the nearby new Applewood Pointe development and the Smith Coffee Shop. He displayed and explained the Ledgestone, the fiber cement panels, and the stone accents. A “plastic” look was deliberately avoided. Johnson presented elevations and renderings green roof to reduce impervious space on third floor to allow residents to see it. The intent, along with the native gardens, was to put as much green space back into the development site. Mette asked what rent level of apartments were comparable. Peterson replied the rental rates were meant to be attainable, and the average ranged from $1.70 $2.34/square foot. The average unit size ranged from 575 square feet to 1200 with an approximate average of 850 square feet. Mette noted the great outdoor amenities but asked how they compared to the indoor amenities which would be available all year, such as a community room. Peterson replied extensive research was done on the amenities package and in his opinion the amenities were overbuilt, which increased the unit price. TV rooms, theatre rooms and golf simulators were not appropriate for the audience the applicant was trying to reach. Farr commended the large windows to allow daylight inside and the balcony placement, which were staggered, not lined up in rows. He suggested larger format cast concrete for the tall, long retaining walls. Johnson stated keystone tile- type blocks were being considered for the retaining walls. Farr urged him to reconsider the choice of materials in favor of long-term durability and performance. He asked for and received confirmation the development would comply with sound ordinances. Farr asked him to expand on the pocket green spaces on the third floors. Johnson replied that residents would be able to look out from glass windows onto the green roof. It was not intended to be walked on. The stormwater treatment was not yet fully designed. Taylor asked if the green roof was not accessible, what maintenance would be done and if there were walls sufficiently high to prevent someone from falling off the roof. Johnson replied the green roof was not accessible except by an exterior lift. It was intended to be a community garden that residents could experience as a PLANNING COMMISSION MINUTES November 8, 2021 Page 5 teaching garden and change without actually walking out into the garden. Taylor asked what existed on the site presently, and Johnson replied the seven homes intended for demolition were currently still on site. DeSanctis stated he appreciated the sustainable components, but there were several healthy white pines or Scotts pines on the south side along Nathan Lane. He asked if they would be preserved. Johnson replied he believed the 20 trees to be saved was the best they could do given the grading. DeSanctis asked if he would consider planting white pines. Johnson replied he would consider that. He stated the development would plant more evergreen trees than currently existed on the site. DeSanctis asked if there were habitats or ecosystems encroached upon, and Johnson replied to his knowledge there were none. Gooding echoed Farr’s suggestions for the retaining wall. Light pollution was also a concern. He suggested turning the proposed railing into a fence with walls high enough to minimize light pollution from headlights at night. Johnson replied a fence was possible, and there would be the aforementioned evergreen screening. Gooding asked how serious solar was for the future of this development. Johnson replied the development would be PV ready, which was affordable and a lifelong goal for the project. Higgins asked the lifespan of a wooden building instead of steel, which would save costs but perhaps would not be durable. Johnson replied wood is one of the oldest building materials. It was a challenge to use lumber since it shrank, but the development was designed for shrinkage and shift to minimize cracks. Wood was a durable, resilient and quality product and it was also affordable, sustainable and renewable. DeSanctis asked how the proposed right turn lane would work with the existing sidewalk and rights of way. Johnson replied the lane would align along the sidewalk and trail. Taylor asked why the floorplan max occupancy was a two-bedroom unit instead of a three-bedroom. Peterson replied the target demographic tipping point was a two-bedroom unit; people who needed a three- bedroom unit would go to a different development altogether. Klima presented the staff report. The applicant proposed to construct a 239-unit apartment building at Lincoln Lane, demolishing seven family homes around Lincoln Lane and removing the street. There were industrial uses to the north and east, commercial and residential uses to the south and residential to the west. The development would be a 349,800 square foot apartment building, with a four- story building over one level of underground parking with surface parking around the perimeter of the site. The proposed project density would be 37 units per acre. The applicant requested an amendment of the guide plan from Low Density PLANNING COMMISSION MINUTES November 8, 2021 Page 6 Residential and Industrial Flex Tech to Medium-High Density Residential and a rezoning of the property from Industrial and R1-22 to RM-2.5. The applicant proposed to dedicate 50 feet of land across the northeast corner of the site for right-of-way allowing for the potential to extend Fuller Road to Eden Prairie Road in the future. Eden Prairie recently updated its parking requirements for efficiencies and studio units. Staff recommended approval subject to conditions outlined in the staff report. Mette asked if Klima knew the density of the PUD development to the south. Klima replied Smith Village had a density of 23 units per acre, ApplePointe 26 units per acre, and Trail Point Ridge was almost 29 units per acre. The zoning for these was also RM-2.5 with a PUD. Mette asked for and received confirmation the new City requirement was 150 square feet of usable open space per unit. Klima added this project met that and exceeded it by providing 192 square feet of usable open space per unit. Mette asked for and received confirmation that the 192 square feet included the allowable indoor open space as well. Mette noted 100 parking stalls in a row along the south and eastern edges and asked how this was allowed. Klima replied the requirement of parking islands every 20 stalls did not apply to single row parking. Farr asked for clarification on the offsite sewer connection: there was a long deep sewer connection running eastward toward Fuller Road through private property. Rue replied staff was working with the development team on this and recently came up with a plan to extend that east direction. There was an existing 30-foot easement along the north property line and the applicant would drill through a large portion of that. Farr asked if the other sewer line would be abandoned in place. Rue replied it would not be abandoned, just not used. It could be removed in the case of a future development or filled. It would be plugged at some point at the manhole cover. Farr noted a minor discrepancy in the landscaping plan, in which three significant trees will be cut, not saved as indicated. He asked if it was fair to say the applicant would recalculate the tree caliper loss. Klima replied one of the recommendations by staff was that all plans be updated and calculations reworked prior to City Council review. Farr noted the stormwater plan was well done and asked if there should be any concern of Mitchell Lake having an impact. Rue replied there were a few comments provided to the developer regarding the permeable pavement so that water was not directed into that area. Donald Hanson presented a PowerPoint on color science and theory, which was his specialty as a college professor at five universities. He lived across the street PLANNING COMMISSION MINUTES November 8, 2021 Page 7 from the project. The proposed color scheme did not represent the neighborhood or Eden Prairie and he detailed why this was so in his presentation. Mark Thieroff, representing the property owner to the north and east, stated his letter was in the commissioners’ packets. He took issue with the screening and fencing since there was a three-acre parcel of undeveloped land to the east. He was concerned about residents migrating onto the unfenced property and wanted to see the fencing for the development continue along the east side to enclose the development. He noted the proposed maple trees as screening and suggested this would be more effective. Scott Malmsten, one of the seven Lincoln Lane property owners, stated United Properties worked well with the owners of the seven homes to be demolished. Applewood Pointe was a good project with a good color scheme, and he was confident the applicant would do the same work here. Elizabeth Petry asked if there was an image of the intersection. Klima pulled up the image. Petry stated she lived on Timberlake Drive across from the entryway to this development, and this was the sole point of egress for many other residents and families in her HOA. She was concerned about traffic as there were apartments with children requiring school buses on a busy road nearby. She also expressed concern about light pollution from vehicles and the significant doubling of parking places, though she appreciated the sustainability of the development. She wanted to raise concerns of her neighbors, many of whom could not attend tonight. Jonathan Smith spoke in favor of the development. He suggested a raised crosswalk for traffic calming and safety. He found the affordability of this project to be realistic. MOTION: Gooding moved, seconded by Taylor to close the public hearing. Motion carried 9-0. Mette stated the overall idea of an apartment building here made sense but what the commission saw here was too much. The PUD development next door had only 23 unit per acre and now understanding all the other pieces she found this to be too much density for the site. Gooding stated he struggled with the same thoughts as Mette. The density was an issue but looking at the development cost became an issue as well. There was a tradeoff between what could go in and what could be done economically. He had PLANNING COMMISSION MINUTES November 8, 2021 Page 8 concluded the prospect of lower priced affordable housing in Eden Prairie was worth the price of the density. Kirk stated he had been on the Planning Commission for a long time and started out being against density, then came to the reluctant conclusion that Eden Prairie was growing. Growth would probably show up as increased density in certain areas of Eden Prairie, and this was an appropriate area for it. He admitted it would be nice to go with a less dense development but Eden Prairie needed affordable housing. The details were especially important, such as screening and fencing. He concluded this was a good project to go forward. Higgins concurred but added she wanted to see something change the way the traffic moved off the highway toward Eden Prairie Road. This was a heavily traffic area, and a short time ago there were discussions about the high school nearby, also school buses and traffic being backed up. Presently existing neighborhoods needed to be considered and she did not know how that could be approached. She had no answers, as she was also eager to support affordable housing in Eden Prairie. Pieper asked Johnson and Kaye to address the screening of the parking lot. Johnson replied a six-foot fence was not necessary but the goal was to plant and use landscape as well as they could. Peterson added there would be a combination of fencing and plant screening. Pieper asked how residents would be kept out of the unfenced wooded area to the east. Johnson replied there would be a 30-foot retaining wall, and in addition he saw no reason for residents to go down that path, as there was no amenity there. With the fence line and amenity space already built, he did not see residents going onto the neighboring wooded property. Pieper asked the applicant to address the intersection and traffic. Peterson replied a traffic study had been commissioned by the City to examine traffic up and down Eden Prairie Road. Farr stated residents should see, instead of “traffic getting worse,” the proactive service provided by the City in its foresight to provide for future needs by widening roads and replacing underground pipes. Pieper asked about the potential of a raised crosswalk. Johnson replied this could be possible. Taylor asked if a noise survey had been done or could be done. Peterson stated he did not anticipate a noise problem and his firm did not usually conduct noise studies. DeSanctis stated that studies showed a reduction in the allowable speed PLANNING COMMISSION MINUTES November 8, 2021 Page 9 limit by as little as five miles an hour showed a detectable reduction in noise. Rue replied reduction in speed would indeed show a reduction in noise. However, noise was due to engines and tires and the road in question (Hennepin County 4) was a county road with a 45-miles per hour speed limit. It would be up to the County to commission a speed study in conjunction with the state. Farr stated he found this a good project and was okay with the level of density but wanted to give due credit to Mette for raising her objections. The development initially seemed jam-packed, alarming him. One interior corridor was two-and-a- half football fields long. However, he found this development came down to transitions between zones and uses and it could not be placed in a better position in Eden Prairie given the City’s goals. No headlights would be facing west to throw light off the site into the eyes of other residents—this was just a drive aisle. The developer had done a good job buffering given the circumstances with an attractive contemporary design. Trees unfortunately had to be lost in this case but there would be plantings which would grow back. Mette added she was a developer who developed apartments like this, in fact, around the Twin Cities and she was confident the applicant could work with lower density, perhaps 30 units per acre. She wished to see something on a smaller scale. MOTION: Kirk moved, seconded by Gooding to recommend approval for the Guide Plan Change from Low Density Residential and Industrial Flex-Tech to Medium High Density Residential on 6.4 acres; Planned Unit Development Concept Review on 6.4 acres; Planned Unit Development District Review with waivers on 6.4 acres; Zoning Change from R1-22 and I-2 to RM-2.5 on 6.4 acres; Preliminary Plat of seven parcels into one lot and one outlot on 6.4 acres based on information outlined in plans stamp dated October 27, 2021 the staff report dated October 27, 2021. Motion carried 8-0 with one nay vote (Mette). PLANNERS’ REPORT NEIGHBORHOOD COMMERCIAL GAS STATIONS ZONING AMENDMENT Klima presented the new proposed zoning amendment, in which the City proposed to remove new gas stations as a permitted use in the Neighborhood Commercial zoning district. It would allow existing gas stations to remain as permitted uses, and it also would amend the ordinance to remove reference to the Neighborhood Commercial zoning district in the performance standards section PLANNING COMMISSION MINUTES November 8, 2021 Page 10 for gas stations. Staff was asking the commission to make a recommendation to the City Council. Kirk asked Klima to give more context on where this request came from, as he had not attended or listened to the October 26, 2021 City Council meeting. Klima replied at that meeting there had not been broader discussion on this question. Staff was directed to come back with this amendment. Discussion followed on the definition of “gas station” and “convenience store.” Kirk suggested anything that pumped gas, including a convenience store, was a gas station and would be included in this amendment. Mette lamented this would be outlawing convenience stores, and Kirk replied he did not see that in this amendment. Gooding asked how many neighborhood commercial areas in Eden Prairie could have a gas station in them. Klima stated she did not have a number. She named the multiple commercial zoning districts that would continue to support gas stations if this amendment were approved. Farr noted this amendment might become outmoded as society moved toward electric vehicles, and this appeared to be a safety ordinance rather than one that prohibited convenience stores. Mette reiterated she did not necessarily object to the amendment but this could prohibit even a small gas station at the Hennepin Town Road site. Taylor added the total number of bays were a factor and asked if this would prohibit gas stations but allow automotive service repair. Klima replied the amendment would not prohibit automotive repair businesses. Mette stated this clarification was helpful. Klima requested the commission consider the code amendment language as proposed rather than in the context of a specific application. Mette reiterated she was not necessarily opposed to the amendment but had misgivings about its consequences. Discussion followed on the scope of this amendment. MOTION: DeSanctis moved, seconded by Farr to recommend approval to the City Council of an amendment regard gas stations in the Neighborhood Commercial (N-Com) Zoning District. Motion carried 9-0. MEMBERS’ REPORTS The Commission congratulated Klima on her promotion to community development director. VI. ADJOURNMENT MOTION: Farr moved, seconded by Higgins to adjourn. Motion carried 9-0. The meeting was adjourned at 9:16 p.m. CITY COUNCIL AGENDA SECTION: Public Hearings/Meetings DATE: December 7, 2021 DEPARTMENT/DIVISION: Office of the City Manager/ Finance, Tammy Wilson ITEM DESCRIPTION: Fee Schedule Ordinance – First Reading and Second Reading ITEM NO.: IX.E. Requested Action Move to: • Close the Public Hearing; and • Approve first and second readings of the Ordinance Updating the Fee Schedule for Administration of Official Controls and adopt resolution approving the Summary for Publication. Synopsis This Ordinance establishes a fee schedule for the City’s costs in administering Official Controls pursuant to Minnesota Statutes Section 462.353, Subd. 4. Background Information Minnesota Statute allows a municipality to prescribe fees sufficient to defray the costs incurred by it in reviewing, investigating, and administering an application for an amendment to an Official Control or other approval required under an Official Control. Minnesota Statute defines an “Official Control” as ordinances or regulations which control the physical development of a city and implement the general objectives of the comprehensive plan. Official Controls may include ordinances establishing zoning, subdivision controls, site plan regulations, sanitary codes, building codes and official maps. Attachments Ordinance Report of Changes Summary Ordinance Resolution for Summary Publication CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. ___-2021 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REVISING THE TITLE PAGE OF CHAPTER 25 AND ESTABLISHING A FEE PRESCRIBED FOR REVIEW, INVESTIGATION AND ADMINISTRATION OF AN APPLICATION FOR AN OFFICIAL CONTROL PURSUANT TO MINN. STAT. § 462.351 TO 462.364, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Chapter 25 is amended by replacing in its entirety the “Fee Schedule for Administration of Official Controls” with the 2022 fee schedule set forth below. The following fees are prescribed for the review, investigation and administration of an application for an amendment to an official control established pursuant to Minnesota Statute Sections 462.351 to 462.364 or an application for a permit or other approval required under an official control established pursuant to those sections: SERVICE FEE DESCRIPTION BUILDING INSPECTIONS Building Permit – Valuation $1 to $500 $40.00 $501 to $2,000 $40.00 1st $500 plus $4.35 each add'l $100 or fraction thereof, to & including $2,000 $2,001 to $25,000 $105.25 1st $2,000 plus $19.75 each add’l $1,000 or fraction thereof, to & including $25,000 $25,001 to $50,000 $559.50 1st $25,000 plus $14.50 each add’l $1,000 or fraction thereof, to & including $50,000 $50,001 to $100,000 $922.00 1st $50,000 plus $10.10 each add’l $1,000 or fraction thereof, to & including $100,000 $100,001 to $500,000 $1,427.00 1st $100,000 plus $8.10 each add’l $1,000 or fraction thereof, to & including $500,000 $500,001 to $1,000,000 $4,667.00 1st $500,000 plus $6.70 each add’l $1,000 or fraction thereof, to & including $1,000,000 $1,000,001 & up $8,017.00 1st $1,000,000 plus $5.40 each add’l $1,000 or fraction thereof Building Permit Other Inspections & Fees Plan Review 65% of the building permit fee 2 SERVICE FEE DESCRIPTION Plan Review for Similar Plans 25% of the building permit fee Reinspection $50.00 Per hour Investigation Fee – work started w/o a permit Equal to amount of permit fee Demolishing or Razing Buildings – Commercial Building $100.00 Demolishing or Razing Buildings - House $100.00 Demolishing or Razing Buildings - Garage $50.00 Demolishing or Razing Buildings – Accessory Building $50.00 Demolishing or Razing Buildings - Interior Demo $50.00 Demolishing or Razing Buildings – Exterior Demo $50.00 Cash Park Fee Single Family Unit $6,500.00 Per unit All other residential $5,500.00 Per unit Office, Commercial, Industrial $11,500.00 Per acre Fire Code Appeal Fire Code Appeal $320.00 CONDITIONAL USE PERMITS Conditional Use Permit Fees Historic Properties $590.00 Wireless Support Structures $590.00 DEVELOPMENT Community Development Deposit 0 to 40 Acres $5,000.00 A development deposit agreement is required for planned unit developments, planned unit development amendments, rezoning, platting, site plan review, guide plan changes, development deposit amendments, conditional use permits, and environmental assessment worksheets 41 to 80 acres $5,200.00 81+ acres $5,900.00 Administrative Reviews, Subdivision/Combination, Lot Line Adjustments $1,000.00 3 SERVICE FEE DESCRIPTION Guide Plan Charge $890.00 Plus $5.00 per acre Planned Unit Development (P.U.D) Fee $950.00 Plus $5.00 per acre Planned Unit Development Amendment $950.00 Plus $5.00 per acre Platting Residential-0 to 10 units $600.00 Plus $5.00 per unit Residential-11 or more $710.00 Plus $5.00 per unit Commercial, Industrial, Office, Public-0 to 3 acres $600.00 Plus $25.00 per acre Commercial, Industrial, Office, Public-3.1 or more acres $710.00 Plus $25.00 per acre Minor Subdivision $405.00 Administration Subdivision/Combination $135.00 Lot Line Adjustment $135.00 Site Plan Review Administrative $440.00 Site Plan Review (Planning Commission and/or City Council) Multi-Family-0 to 10 units $600.00 Plus $5.00 per unit Multi-Family-11 or more units $700.00 Plus $5.00 per unit Commercial, Industrial, Office, Public-0 to 3 acres $600.00 Plus $25.00 per acre Commercial, Industrial, Office, Public-3.1 or more acres $700.00 Plus $25.00 per acre Development Agreement Amendment Development Agreement Amendment $540.00 Tree Replacement Tree Replacement Fee $125.00 per caliper inch Inclusionary Housing Payment in Lieu Inclusionary Housing Payment in Lieu $150,000.00 For new multifamily for sale developments, payment in lieu fee is $150,000 per unit for 10% of total units Signs Up to 30 sq ft in size $100.00 31 sq ft through 50 sq ft in size $120.00 51 sq ft through 80 sq ft in size $150.00 81 sq ft or over $185.00 4 SERVICE FEE DESCRIPTION Charge for returning picked up signs $35.00 ** The surface of double or multi-forced signs shall be combined for the purpose of determining the amount of the fee. ZONING AMENDMENTS, VARIANCES and APPEALS Zoning Amendment $370.00 Commercial, Industrial, Office, Public 0-3 acres $600.00 Plus $25.00 per acre 3.1 or more acres $720.00 Plus $25.00 per acre Residential 0-10 units $600.00 Plus $5.00 per unit 11 or more units $720.00 Plus $5.00 per unit Variances and Appeals Variances Residential $470.00 Includes residential zoned properties for new construction, building additions, decks, porches, garages, accessory structures and variances from all chapters of the City Code Variances Other $710.00 Includes variances associated with properties zoned office, industrial, commercial and residential Zoning Appeals $340.00 ZONING VERIFICATION Zoning Letter Preparation Zoning Letter Preparation Fee $55.00 ZONING-TELECOMMUNICATIONS Commercial Wireless Communications towers and/or antennas Administrative $600.00 Permit application for towers, antennas, or small wireless structures meeting code located on private property Letter of Intent $4,900.00 Deposit Deposit for towers and/or antennas on City property Letter of Intent $8,900.00 Deposit for legal/consultant costs Additional funds may be required if the balance in the deposit account is inadequate to pay for all of the fees and costs incurred by the City Variances required for tower and/or antennas See Development Fees Site Plan Review required for tower and/or antennas See Development Fees ENGINEERING Excavation & Grading – Grading Permit Fee / Plan Review Fee 101 to 500 cubic yards $155.00 501 to 1,000 cubic yard $370.00 1,001 to 10,000 cubic yards $680.00 5 SERVICE FEE DESCRIPTION 10,001 to 100,000 cubic yards $1,400.00 100,001 or more $2,800.00 *The following fees are the total hourly cost to the jurisdiction. This cost shall include supervision, overhead, equipment, hourly wages, and fringe benefits of the employees involved. Additional plan review fees $125.00* Minimum charge is one half hour, required by changes, additions or revisions to approve plans Reinspection fee $125.00* Minimum charge is one half hour, required by changes, additions or revisions to approve plans Vacations/Modifications of Public Right-of Way or Easement Application and Processing Fee: 1 to 3 parcels $775.00 Per transaction/for vacating, adjusting, or amending the City’s interest in real property, including right-of-way and easements (for items such as, but not limited to, attorney’s fees, consultation, review, notice mailing, publication of notice and recording) Application and Processing Fee: 4 or more parcels $1,250.00 Per transaction/for vacating, adjusting, or amending the City’s interest in real property, including right-of-way and easements (for items such as, but not limited to, attorney’s fees, consultation, review, notice mailing, publication of notice and recording) Engineering Land Development Services, including Plan Review, Contract Administration, and Inspection Review 5% multiplied by the total construction cost Not applicable to projects built by City through special assessment. Costs include public infrastructure improvements (excluding grading costs), subject to approval by City Engineer payable prior to start-up. Final Plat Residential $110.00 Per unit / Minimum $400.00 plus cost of review by special assessment. Commercial, Industrial, Office and Public $300.00 Per acre / Minimum $400.00 LGU Review Fee is $120 per hour. Min. Payment is $240 plus cost of review by special consultants necessary as determined by the City Manager. The deposit, or a portion thereof, will be refunded after final City Council action on the Development Application if the total sum deposited is greater than the administrative review cost or if no City Council action is required the deposit will be refunded after all site review and monitoring activities are complete. All costs incurred by the City or their consultant that exceed the cash deposit balance will be billed to the applicant. 6 SERVICE FEE DESCRIPTION LGU Deposit-Plan Review LGU Plan Review $5,500.00 A deposit agreement is required for wetland alteration, wetland replacement, wetland restoration and/or wetland bank plan reviews LGU Deposit – Site Review Single Family Residential $230.00 An LGU deposit agreement is required for review of wetland delineations or wetland determinations on single family residential properties. Site Review or Development Review $1,900.00 An LGU deposit agreement is required for site review and/or wetland delineation review. Floodplain Application for FEMA Letter of Map Amendment (LOMA) using LiDAR Elevation Data $75.00 Application for FEMA Letter of Map Amendment Out as Shown (LOMA-OAS) $50.00 FEMA Parcel Map with Base Flood Elevation and Lowest Adjacent Grades No cost Environmental Assessment Worksheet Environmental Assessment Worksheet (E.A.W.) $650.00 Plus $10/acre Shoreland Management Ordinance Permits Temporary structure in public waters $140.00 Change in structure in public waters $140.00 Multiple dock or dock excess of 75’ $140.00 Section 2. Ordinance No. 18-2020 is repealed effective January 1, 2022. Section 3. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” is hereby adopted in its entirety by reference, as though repeated verbatim herein. Section 4. This Ordinance shall become effective January 1, 2022 for calendar year 2022. 7 FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 7th day of December, 2021, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 7th day of December, 2021. ATTEST: ____________________________ ______________________________ Nicole Tingley, City Clerk Ronald A. Case, Mayor PUBLISHED in the Sun Sailor on December 16, 2021. ITEM - ACTIVITY DESCRIPTION 2021 2022 % change '21 to '22 CONDITIONAL USE PERMITS Conditional Use Permit Fees Historic Properties 580.00$ 590.00$ 2% Wireless Support Structures 580.00$ 590.00$ 2% DEVELOPMENT Community Development Deposit 0 to 40 acres 4,900.00$ 5,000.00$ 2% 41 to 80 acres 5,100.00$ 5,200.00$ 2% 81 + acres 5,800.00$ 5,900.00$ 2% Guide Plan Charge Guide Plan Charge Plus $5.00 per acre 870.00$ 890.00$ 2% Planned Unit Development (P.U.D.) Fee Planned Unit Dev. (P.U.D.) Fee Plus $5.00 per acre 930.00$ 950.00$ 2% Planned Unit Development Amendment Planned Unit Dev. Amendment Plus $5.00 per acre 930.00$ 950.00$ 2% Platting Residential - 0 to 10 units Plus $5.00 per unit 590.00$ 600.00$ 2% Residential - 11 or more units Plus $5.00 per unit 700.00$ 710.00$ 1% Commercial, Industrial, Office, Public 0 to 3 acres -- Plus $25.00 per acre 590.00$ 600.00$ 2% Commercial, Industrial, Office, Public 3.1 or more acres -- Plus $25.00 per acre 700.00$ 710.00$ 1% Minor Subdivision 395.00$ 405.00$ 3% Administrative Subdivision/Combination 130.00$ 135.00$ 4% Lot Line Adjustment 130.00$ 135.00$ 4% Site Plan Review Administrative 430.00$ 440.00$ 2% Site Plan Review (Plannng Commission and/or City Council) Multi-Family - 0 to 10 units Plus $5.00 per unit 590.00$ 600.00$ 2% Multi-Family - 11 or more units Plus $5.00 per unit 690.00$ 700.00$ 1% Commercial, Industrial, Office, Public 0 to 3 acres -- Plus $25.00 per acre 590.00$ 600.00$ 2% Commercial, Industrial, Office, Public 3.1 or more acres -- Plus $25.00 per acre 690.00$ 700.00$ 1% Development Agreement Amendment Development Agreement Amendment 530.00$ 540.00$ 2% Inclusionary Housing Payment in Lieu 150,000.00$ For new multifamily for sale developments, payment in lieu fee is $150,000 per unit for 10% of total units. SIGNS Up to 30 square feet in size 95.00$ 100.00$ 5% 31 square feet through 50 square feet in size 115.00$ 120.00$ 4% 51 square feet through 80 square feet in size 145.00$ 150.00$ 3% 81 square feet or over 180.00$ 185.00$ 3% ZONING AMENDMENTS, VARIANCES AND APPEALS Zoning Amendment 360.00$ 370.00$ 3% Commercial, Industrial, Office, Public 0-3 acres Plus $25.00 per acre 590.00$ 600.00$ 2% 3.1 or more acres Plus $25.00 per acre 710.00$ 720.00$ 1% Residential 0-10 units Plus $5.00 per unit 590.00$ 600.00$ 2% 11 or more units Plus $5.00 per unit 710.00$ 720.00$ 1% Variances and Appeals Variances Residential 460.00$ 470.00$ 2% Variances Other Includes variances associated with properties zoned office, ind., comm. and residential 700.00$ 710.00$ 1% Zoning Appeals 330.00$ 340.00$ 3% ZONING VERIFICATION Zoning Letter Preparation Zoning Letter Preparation Fee 50.00$ 55.00$ 10% ZONING - TELECOMMUNICATIONS Commercial Wireless Communications towers and/or antennas Administrative Permit application for towers, antennas, or small wireless structures meeting code located on private property 590.00$ 600.00$ 2% Includes residential zoned properties for new construction, building additions, decks, porches, garages, accessory structures and variances from all chapters of the City Code A development deposit agreement is required for planned unit developments, planned unit development amendments, rezoning, platting, site plan review, guide plan changes, development agreement amendments, conditional use permits, and environmental assessment worksheets. Community Development Fees & Charges City of Eden Prairie 2021-2022 Fee Changes City Ordinances new 2022 ITEM - ACTIVITY DESCRIPTION 2021 2022 % change '21 to '22 ENGINEERING Excavation & Grading - Grading Permit Fee / Plan Review Fee 100 to 500 cubic yards 150.00$ 155.00$ 3% 501 to 1000 cubic yards 360.00$ 370.00$ 3% 1,001 to 10,000 cubic yards 660.00$ 680.00$ 3% 10,001 to 100,000 cubic yards 1,350.00$ 1,400.00$ 4% 100,001 or more 2,700.00$ 2,800.00$ 4% **The following fees are the total hourly cost to the jurisdiction. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. Additional plan review fees Minimum charge is one half hour, required by changes, 120.00$ 125.00$ 4% additions or revisions to approve plans Reinspection fee Minimum charge is one half hour, required by changes, 120.00$ 125.00$ 4% additions or revisions to approve plans Vacations/Modifications of Public Right-of-Way or Easement Application and Processing Fee 1 to 3 parcels 750.00$ 775.00$ 3% 4 or more parcels 1,200.00$ 1,250.00$ 4% Engineering Land Development Services, including Plan Review, Contract Administration, and Inspection Review 5% x total construction cost Final Plat Review Residential 100.00$ 110.00$ 10% Commercial, Industrial, Office, etc.Per acre / Minimum $400.00 250.00$ 300.00$ 20% LGU Review 115.00$ 120.00$ 4% LGU Deposit - Plan Review 5,000.00$ 5,500.00$ 10% LGU Deposit - Site Review Single Family Residential An LGU deposit agreement is required for review of wetland delineations or wetland 220.00$ 230.00$ 5% determinations on single family residential properties. Site Review or Development Review An LGU deposit agreement is required for site review and/or wetland 1,800.00$ 1,900.00$ 6% delineation review. Environmental Assessment Worksheet Environmental Assessment Worksheet (E.A.W.) plus $10/acre 600.00$ 650.00$ 8% Shoreland Management Ordinance Permits Temporary structure in public waters 135.00$ 140.00$ 4% Change in structure in public waters 135.00$ 140.00$ 4% Multiple dock or dock excess of 75'135.00$ 140.00$ 4% Engineering Fees & Charges City Ordinances City of Eden Prairie 2021-2022 Fee Changes Fee is per hour. Min. Payment is $240. Plus cost of review by special consultants necessary as determined by the City Manager. The deposit , or a portion thereof, will be refunded after final City Council action on the Development Application if the total sum deposited is greater than the administrative review cost or if no City Council action is required the deposit will be refunded after all site review and monitoring activities are complete. All costs incurred by the City or their consultant that exceed the cash deposit balance will be billed to the applicant. An LGU deposit agreement is required for wetland alteration, wetland replacement, wetland restoration and/or wetland bank plan reviews Per transaction / for vacating, adjusting, or amending the City's interest in real property, including right-of-way and easements (for items such as, but not limited to, attorney's fees, consultation, review, notice mailing, publication of notice, and recording) Costs include all public infrastructure improvements (excluding grading costs), subject to approval by City Engineer payable prior to startup. Not applicable to projects built by City through special assessment. Per unit / Minimum $400 plus cost of review by special assessment. ITEM - ACTIVITY DESCRIPTION 2021 2022 % change '21 to '22 BUILDING INSPECTIONS Building Permit Other Inspections & Fees Plan Review for Similar Plans 25% of the building permit fee 25%new 2022 Building Inspections Fees & Charges City Ordinances City of Eden Prairie 2021-2022 Fee Changes CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE __-2021 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CHAPTER 25 BY ADOPTING THE 2022 “FEE SCHEDULE FOR ADMINISTRATION OF OFFICIAL CONTROLS”, REPEALING ORDINANCE NO. 18 -2020, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance amends Chapter 25 of the City Code by replacing in its entirety the “Fee Schedule for Administration of Official Controls” for the City’s costs in administering Official Controls. As defined by Minnesota Statute, Official Controls may include zoning, subdivision controls, site plan regulations, sanitary codes, building codes and official maps. Effective Date: This Ordinance shall take effect January 1, 2022. ATTEST: ____________________________ ______________________________ Nicole Tingley, City Clerk Ronald A. Case, Mayor PUBLISHED in the Sun Sailor on December 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 APPROVING THE SUMMARY OF ORDINANCE NO. __-2021 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. __-2021 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 December, 2021. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNSEL OF THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS: A. Ordinance No. __-2021 is lengthy and contains charts. B. The text of summary of Ordinance No. __-2021, 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 __-2021 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 December 7, 2021. ___________________________ Ronald A. Case, Mayor ATTEST: ________________________ Nicole Tingley, City Clerk CITY COUNCIL AGENDA SECTION: Public Hearings/Meetings DATE: December 7, 2021 DEPARTMENT/DIVISION: Office of the City Manager/ Finance, Tammy Wilson ITEM DESCRIPTION: Adopt the 2022 Fee Resolution ITEM NO.: IX.F. Requested Action Move to: • Close the Public Hearing; and • Adopt the 2022 Fee resolution Synopsis This Resolution updates the fee schedule for the City’s services not covered by ordinance. Attachments • Resolution • Report of Changes CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NUMBER NO. 2021-___ A resolution regulating fees and charges for business licenses, permits and municipal services. The City Council of the City of Eden Prairie resolves as follows: Page Parks and Recreation Community Center Membership ........................................................................................................................ 3 Community Center Open Activities and PlayCare ...................................................................................... 4 Community Center Group Rates, Equipment Rental, and Advertising .............................................. 5 Community Center Rental .................................................................................................................................... 6 Parks and Recreation Rental ............................................................................................................................... 8 Parks and Recreation .............................................................................................................................................. 9 Cemetery ....................................................................................................................................................................10 Community Development Assessing ....................................................................................................................................................................12 Tax Increment Financing ....................................................................................................................................13 Public Works Engineering ...............................................................................................................................................................15 Utilities .......................................................................................................................................................................16 Police Police ...........................................................................................................................................................................19 Business Licenses and Fees................................................................................................................................20 Fire Fire Department .....................................................................................................................................................23 Building Inspection ...............................................................................................................................................24 Office of the City Manager Administrative .........................................................................................................................................................26 Finance .......................................................................................................................................................................27 Facilities Equipment and Room Rental ....................................................................................................... 28 Attachment A – Miscellaneous Fire Fees ......................................................................................................29 Attachment B – Priority Rental Classifications ..........................................................................................32 Fees not stated in this Resolution may be set by the City Manager. All Resolutions of the City of Eden Prairie, Minnesota, relating to fees heretofore adopted are hereby repealed. ADOPTED by the City Council of Eden Prairie this 7th day of December, 2021, to be effective the 1st day of January, 2022. _______________________________ Ronald A. Case, Mayor ATTEST: _____________________________ Nicole Tingley, City Clerk City of Eden Prairie, Minnesota Fees December 2021 2022 1 Parks and Recreation 2022 Fees 2 ITEM - ACTIVITY DESCRIPTION 2022 COMMUNITY CENTER MEMBERSHIP Daily Full Use Pass (includes open gym, open skate, open swim, group fitness, fitness, and racquetball) Must be age 15 and up to use Fitness Center (12 - 14 with adult supervision) Members Individual - Resident or Non Resident, Youth or Adult daily + tax 10.00$ Monthly Resident Membership Rates A resident either lives or works in Eden Prairie. 10% discount on upfront purchase of 12 month membership Month to month automatic debit payment required unless a payment for 12 months is rendered in full at time of purchase. Debits occur on 1st-3rd of every month. 1. Includes full use of fitness facility including a complimentary equipment orientation 2. Includes group fitness classes (except specialty fitness classes such as Yoga and Pilates) 3. Includes use of racquetball courts 4. Includes free open gym, skate and swim Youth (18 and under)Any child 18 years of age or younger.monthly + tax 32.18$ Adult (19 and over)Individual age 19 or older.monthly + tax 39.60$ Dual Any 2 adults or 1 adult/1 youth residing at same address monthly + tax 67.65$ Dual Plus One Any 2 adults plus 1 youth OR 1 adult and 2 youths residing at same address.monthly + tax 80.03$ Household Any 2 adults and up to 4 youth residing at same address.monthly + tax 90.75$ Senior (62 and older)Any individual 62 years of age or older.monthly + tax 33.00$ Senior Dual Any 1 senior and 1 additional member (55 or older) residing at same address.monthly + tax 53.63$ Monthly Non Resident Membership Rates Youth (18 and under)Monthly rate plus applicable taxes monthly + tax 45.38$ Adult (19 and over)Monthly rate plus applicable taxes monthly + tax 46.20$ Dual Monthly rate plus applicable taxes monthly + tax 79.20$ Dual Plus One Monthly rate plus applicable taxes monthly + tax 93.23$ Household Monthly rate plus applicable taxes monthly + tax 108.08$ Senior (62 and older)Monthly rate plus applicable taxes monthly + tax 46.20$ Senior Dual Monthly rate plus applicable taxes monthly + tax 79.20$ Seasonal Short-term Membership Rates Administrative Fee is waived. Applicable taxes apply One Month (Winter Break)30 consecutive days 45.00$ Two Months (Winter Break)60 consecutive days 90.00$ Three Months (Summer)3 consecutive months 142.00$ Four Months (Summer)4 consecutive months 189.00$ Short-term Membership Rate One Month Administrative Fee is included/offered year round 84.00$ Virtual Membership Monthly rate 15.00$ Membership Administrative Fee Membership Admin. Fee Fee to administer a new membership 20.00$ Membership Change Fee Membership Change Fee Fee to make changes to an account 10.00$ Community Center Membership Fees & Charges City of Eden Prairie 2022 Fees Membership benefits: 3 free ITEM - ACTIVITY DESCRIPTION 2022 COMMUNITY CENTER OPEN ACTIVITIES Tot Time / Play Structure Combo Members Child must be on a family membership free Non Members 6.50$ Open Skate and Open Gym Resident and Non Resident - fee is for the use of open skate and open gym Babies up to 18 months free Tots 18 months to 4 years 5.50$ Youth 5 years of age to 18 years of age 6.50$ Adult 19 years of age or older 7.00$ Family rate Max 5 people living at same address 20.00$ Open Swim and Lap Swim Resident and Non Resident - fee is for the use of open swim and lap swim Babies up to 18 months free Tots 18 months to 4 years 5.75$ Youth 5 years of age to 18 years of age 7.50$ Adult 19 years of age or older 8.00$ Family rate Max 5 people living at same address 25.50$ Racquetball & Wallyball Members free Non-Members 9.00$ Racquetball Non Prime Rate Mon-Thurs 6am-4pm, Fri/Sat/Sun 6.50$ Wallyball 2 hour minimum 30.00$ Pickleball Tutor Members 4.00$ Non-Members 8.00$ COMMUNITY CENTER PLAY CARE & PLAY STRUCTURE Play Care Play Care - Parent is a Member Two hours; Two hour maximum 3.00$ Play Care - Parent is a Nonmember Two hours; Two hour maximum 4.00$ Punch Cards - Parent is a Member Punch Card - 20 sessions 55.00$ Punch Card - Parent is a Nonmember Punch Card - 20 sessions 75.00$ Play Structure Child on Family Membership Child must be on a family membership free Under 18 months Per child, per visit free 18 months - 4 years of age Per child, per visit 5.50$ 5 years to 15 years Per child, per visit 6.50$ Play Structure - Non-prime Time Half price Monday-Friday after 1 p.m. and Saturday-Sunday after 4 p.m. Under 18 months Per child, per visit free 18 months - 4 years of age Per child, per visit 2.75$ 5 years to 15 years Per child, per visit 3.25$ Community Center Open Activities and PlayCare Fees & Charges City of Eden Prairie 2022 Fees 4 ITEM - ACTIVITY DESCRIPTION 2022 COMMUNITY CENTER EQUIPMENT RENTAL Ice Skate Rental Skates free to Eden Prairie non-profit service organization groups Ice Skates Per pair 3.50$ Dry Floor Gym rental includes: 10 tables, 40 chairs, 4 stanchions, and two white boards Additional Chairs 2.00$ Additional Stanchion 5.00$ Additional Table 5.00$ COMMUNITY CENTER - GROUP RENTALS, RATES, & POLICIES Overnight Rentals - 11 p.m. - 5:30 a.m. Price per participant 50 participant minimum 15.00$ Group rentals will be charged an additional $1/participant for every participant over 150 varies Daytime Group Rentals - over 50 people Price per participant 7.00$ Daytime Group Rentals - under 50 people Flat rate per hour + lifeguard fee 95.00$ Skate Rental Skate Rental groups smaller than 10 people 3.50$ Skate Rental groups of 10 or larger with purchae of ice, room, or birthday package free Lifeguards Fee is per lifeguard, per hour 1 to 50 participants - 2 lifeguards required 51 to 100 participants - 3 lifeguards required 100 plus participants - 4 lifeguards required. Additional lifeguards determined by management depending on group size and ages. Per lifeguard Per hour 22.00$ Pool rental Fee is per hour. Two hour minimum plus $18.00/hr per lifeguard Pool Rental 110.00$ Birthday Parties Premiere Package 2 hours, up to 15 participants 169.00$ Classic Package 90 minutes, up to 15 participants 129.00$ Detailed information about birthday party packages can be found on the City's website here COMMUNITY CENTER ADVERTISING FEES Advertising Once group has paid initial multi-year agreement, it may renew the contract each year for 1 year at the pro-rated fee. Ice resurfacer Per side per year / 5 year term ($2,500 for both sides)1,500.00$ Score board (Rink 1)Per year / 1 year term 2,500.00$ Score board (Rink 2 & 3)Per year / 1 year term 1,500.00$ On-Ice logo Per two 4' x4' logos per year / 1 year term 1,500.00$ Dasher board Annually / 1 year term 950.00$ Community Center Group Rates, Equip. Rental, and Advertising Fees & Charges City of Eden Prairie 2022 Fees 5 ITEM - ACTIVITY DESCRIPTION Fee Type COMMUNITY CENTER RENTALS Ice Arena Rental - Rinks 1, 2, & 3 Prime/nonprime rates are at staff discretion based on timing of the year and ice availability. School Year Ice Rates Jan. 1 - May 31 & Sept. 1 - Dec. 31 (Prime Time Ice Rates)hourly + tax 240.00$ Jan. 1 - May 31 & Sept. 1 - Dec. 31 (Prime Time Event Ice Rates)hourly + tax 285.00$ Jan. 1 - May 31 & Sept. 1 - Dec. 31 (Non Prime Time Ice Rates)hourly + tax 180.00$ Summer Ice Rates Jun. 1 - Aug. 31 (Prime Time Ice Rates)hourly + tax 210.00$ Jun. 1 - Aug. 31 (Non Prime Time Ice Rates)hourly + tax 175.00$ Special Ice Rates - School District 272 Physical Education classes Per hour - 50% of non-prime time rate hourly + tax 90.00$ Hockey Games Prime time event rate - personnel required to run games supplied by others. Swimming Pool Rental 8 Lane Dive Pool hourly + tax 101.45$ 8 Lane Competition Pool hourly + tax 101.45$ Special Pool Rates - School District 272 Physical Education classes Based on pool rental 101.45$ Diving Boards 1 Board hourly + tax 38.11$ 2 Boards hourly + tax 76.22$ Additional Fees Dry land training room rental fee Eden Prairie Youth Association/School District Per hour 25.00$ Non Eden Prairie Youth Association/School District Per hour 50.00$ Swim Meets and Special Events -- includes natatorium and wet locker room usage Eden Prairie based team - hourly Per hour 223.00$ Eden Prairie based team - day long meet Per day 1,902.00$ Non-Eden Prairie based team - hourly Per hour 454.49$ Non-Eden Prairie based team - day long meet Per day 3,635.92$ Special Event Staffing Per hour 38.00$ Late Schedule Changes by user groups Flat Rate per occurrence 15.00$ Community Center Rental Fees & Charges City of Eden Prairie 2022 Fees 2022 6 ITEM - ACTIVITY DESCRIPTION Fee Type Group 1 Group 2 Group 3 COMMUNITY CENTER RENTALS See Attach B for Group Definitions Meeting Room Rentals Two hour minimum. All meeting rooms include AV and white boards, wi fi and customized room set up included. Request must be submitted to the Department Coordinator or Customer Service Representative a minimum of two weeks prior to requested date. Times and dates must not conflict with an existing program or activity. City programs have priority. Eden Prairie Athletic Associations receive one free meeting room use per month. Cambria Room hourly + tax 65.00$ 75.00$ 90.00$ Lounge Room EP Athletic Associations receive one free meeting room use per month hourly + tax 35.00$ 45.00$ 60.00$ 110 EP Athletic Associations receive one free meeting room use per month hourly + tax 50.00$ 60.00$ 75.00$ 112 EP Athletic Associations receive one free meeting room use per month hourly + tax 35.00$ 50.00$ 65.00$ Meeting Room 101 EP Athletic Associations receive one free meeting room use per month hourly + tax 30.00$ 35.00$ 55.00$ Meeting Room 201 EP Athletic Associations receive one free meeting room use per month hourly + tax 50.00$ 60.00$ 75.00$ Meeting Room 203 EP Athletic Associations receive one free meeting room use per month hourly + tax 20.00$ 25.00$ 40.00$ Meeting Room 202 EP Athletic Associations receive one free meeting room use per month hourly + tax 30.00$ 35.00$ 50.00$ Meeting Room 203 & 204 combined EP Athletic Associations receive one free meeting room use per month hourly + tax 35.00$ 45.00$ 70.00$ Meeting Room 204 EP Athletic Associations receive one free meeting room use per month hourly + tax 30.00$ 35.00$ 45.00$ Other Room Rentals Gymnasium (1 court)hourly + tax 60.00$ 70.00$ 90.00$ Gymnasium (Full gym)hourly + tax 80.00$ 90.00$ 125.00$ Studio A Based on short term, non-private revenue generating group availability hourly + tax 45.00$ 45.00$ 45.00$ Studio B Based on short term, non-private revenue generating group availability hourly + tax 35.00$ 35.00$ 35.00$ Studio C Based on short term, non-private revenue generating group availability hourly + tax 45.00$ 45.00$ 45.00$ The Cage hourly + tax 45.00$ 45.00$ 45.00$ Other Rentals Fitness Instructors Per instructor, per hour hourly + tax 45.00$ 45.00$ 45.00$ Coffee Per coffee pot 20.00$ 20.00$ 20.00$ Use of City laptop Per rental date 15.00$ 15.00$ 15.00$ Tours of Rental Park Facilities Per hour 30.00$ 30.00$ 30.00$ Parking Permits Community Center Full year rate - Community Center annual 350.00$ 350.00$ 350.00$ Community Center Pro Rate beginning December 1 - Community Center annual 175.00$ 175.00$ 175.00$ Community Center Pro Rate beginning March 1 - Community Center annual 87.50$ 87.50$ 87.50$ Round Lake Full year rate - Round Lake annual 225.00$ 225.00$ 225.00$ Round Lake Pro Rate beginning December 1 - Round Lake annual 125.00$ 125.00$ 125.00$ Round Lake Pro Rate beginning March 1 - Round Lake annual 75.00$ 75.00$ 75.00$ Community Center Rental Fees & Charges City of Eden Prairie 2022 Fees 2022 7 ITEM - ACTIVITY DESCRIPTION Fee Type Group 1 Group 2 Group 3 SENIOR CENTER See Attach B for Group Definitions Senior Center Rental All meeting rooms include AV and white boards, WiFi, and customized room set up. There is a 2 hour minimum on all room rentals. Kitchen Approx. 15 people with use of appliances hourly + tax 20.00$ 25.00$ 30.00$ Community Rm/ Kitchen Two Rooms (no lounge) - hourly rental hourly + tax 52.00$ 57.00$ 62.00$ Community Rm/ Kitchen Two Rooms (no lounge) - full day rental (6-10 hours)plus tax 312.00$ 340.00$ 370.00$ Lounge Lounge only hourly + tax 30.00$ 35.00$ 42.00$ Room 200 Approx. 10-15 people hourly + tax 24.00$ 31.00$ 36.00$ Room 201 - hourly rental Approx. 40 people theater style, 25 to 30 table seating hourly + tax 40.00$ 46.00$ 52.00$ Room 201 - full day rental (6-10 hrs)Approx. 40 people theater style, 25 to 30 table seating plus tax 240.00$ 276.00$ 312.00$ Room 203 Approx. 25 people theater style, 15 to 20 table seating hourly + tax 30.00$ 35.00$ 42.00$ Room 209 Approx. 10 to 15 hourly + tax 23.00$ 30.00$ 35.00$ Woodshop Approx. 8-10 people - 2 hour minimum hourly + tax 30.00$ 35.00$ 42.00$ ITEM - ACTIVITY DESCRIPTION Fee 2022 Type Group 1 Group 2 Group 3 PARK FACILITIES See Attach B for Group Definitions Park Facilities Rental Rates include one building supervisor No private group of over 300 will be allowed to reserve facilities at any park (max. at Staring Park is 150) Eden Prairie School District Programs charged only direct cost for all parks during the school day. Crestwood Park Building Full Day - Maximum capacity varies plus tax 110.00$ same for all Homeward Hills Barn 1/2 Day - Maximum capacity varies plus tax 175.00$ same for all Homeward Hills Barn Full Day - Maximum capacity varies plus tax 250.00$ same for all Miller Park Building Full Day - Maximum capacity varies plus tax 110.00$ same for all Edenvale Park Building Full Day - Maximum capacity varies plus tax 110.00$ same for all Forest Hills Park Building Full Day - Maximum capacity varies plus tax 110.00$ same for all Nesbitt Preserve Park Building Full Day - Maximum capacity varies plus tax 110.00$ same for all Prairie View Park Building Full Day - Maximum capacity varies plus tax 110.00$ same for all Purgatory Creek Park Lambert Pavilion 1/2 Day - Maximum capacity varies plus tax 165.00$ same for all Purgatory Creek Park Lambert Pavilion Full Day - Maximum capacity varies plus tax 220.00$ same for all Riley Lake Park Pavilion 1/2 Day - Maximum capacity varies plus tax 175.00$ same for all Riley Lake Park Pavilion Full Day - Maximum capacity varies plus tax 255.00$ same for all Riley-Jacques Barn Per hour - 4 hour minimum hourly + tax 90.00$ same for all Riley-Jacques Barn Full Day - 10 hours or more plus tax 850.00$ same for all Round Lake Park Building 1/2 Day - Maximum capacity varies plus tax 135.00$ same for all Round Lake Park Building Full Day - Maximum capacity varies plus tax 175.00$ same for all Round Lake Pavilion 1/2 Day - Maximum capacity varies plus tax 170.00$ same for all Round Lake Pavilion Full Day - Maximum capacity varies plus tax 215.00$ same for all Staring Lake Park Amphitheatre Per hour - 2 hour minimum hourly + tax 70.00$ same for all Audio Technician Sound Tech & Sound Equipment - 2 hour minimum hourly + tax 45.00$ same for all Staring Lake Park Building 1/2 Day - Maximum capacity varies hourly + tax 175.00$ same for all Staring Lake Park Building Full Day - Maximum capacity varies plus tax 250.00$ same for all Staring Lake Park Building Per hour - 2 hour minimum hourly + tax 60.00$ 65.00$ Staring Lake Park Building Birthday Parties 2 hours, up to 15 participants plus tax 129.00$ same for all Staring Lake Pavilion Full Day - Maximum capacity varies plus tax 110.00$ same for all Warming Houses - 2 hour minimum Supervision required - 2 hour minimum - Dec 15 to Mar 1 hourly + tax 35.00$ same for all Parks & Recreation Rental Fees & Charges City of Eden Prairie 2022 Fees 2022 8 ITEM - ACTIVITY DESCRIPTION 2022 OUTDOOR CENTER Rental Canoe rack spot storage Per rack spot, per season 50.00$ ROUND LAKE MARINA Rental Canoe Rental Per unit 8.00$ Paddleboard Rental Per unit 10.00$ Kayak Rental Per unit 8.00$ ORGANIZED ATHLETICS NOTE: Tournament fees are dependent on the size/scope of the tournament and may be changed at the City's discretion to ensure the health and safety of the public. Ball Field Tournaments Athletic Tournaments (all)Per day, per field 125.00$ Ballfield Light fee Per hour 15.00$ Addt'l charge for Unscheduled Lights Service Charge 35.00$ Field Maintenance Workers (2)Per hour 80.00$ For new soccer field for tournament Per field set-up 170.00$ Tournament Support Services Additional Portable Toilet Per unit 50.00$ ADA Accessible Toilet Per unit 150.00$ Extra Cleaning of Portable Toilets Per unit -- Monday through Friday 20.00$ Extra Cleaning of Portable Toilets Per unit -- Saturday and Sunday 30.00$ Extra Cleaning of Indoor Restrooms Per hour (two hour minimum)20.00$ On Site Customer Service Staff Per staff member, per hour 15.00$ Adult League Play Non youth sport teams Per game 45.00$ Clinics and Camps Clinics and Camps Per day, per field 50.00$ Community Athletic Facility Use Basketball, Tennis, Pickleball & Volleyball Per hour, per court 15.00$ Turf Fields and Ballfields Per hour, per field 20.00$ ART CENTER Open Studio Daily Access Per person, does not include instruction 8.00$ Quarterly Access Per person, does not include instruction 32.00$ Annual Access Per person, does not include instruction 118.00$ Clay Firing, Full Kiln Open studio member (not in a class)35.00$ Glass Firing, Large Middle Shelf Open studio member (not in a class)15.00$ Glass Firing, One Side Shelf (2 avail)Open studio member (not in a class)10.00$ Glass Firing, Full Kiln Open studio member (not in a class)35.00$ Birthday Party Flat Rate Limit of 15 participants 169.00$ Initial Rate, Regular Projects Up to 10 participants, ages 5+169.00$ Detailed information about birthday party packages can be found on the City's website here COMMUNITY GARDEN PLOTS 20 foot by 30 foot plot Live/Work in Eden Prairie Senior Citizen discount $12.00 60.00$ 20 foot by 40 foot plot Live/Work in Eden Prairie Senior Citizen discount $16.00 80.00$ FORESTRY Administrative fee - weed/tree ordinance violations Weed ordinance violations 75.00$ Tree ordinance violations 1-5 trees 75.00$ 6-10 trees 100.00$ 11+ trees 150.00$ Flat charge for weed and tree violations is added to the current balance due to obtain the certified amount 70.00$ SNOW REMOVAL Administrative fee - snow removal ordinance violation Non compliance fee 100.00$ Flat charge is added to the current balance due to obtain the certified amount 70.00$ Parks and Recreation Fees & Charges City of Eden Prairie 2022 Fees 9 ITEM - ACTIVITY 2022 PLEASANT HILLS CEMETERY Ground Thawing: November 1 - April 1 Casket burial 75.00$ Cremation burial 75.00$ Internment Burial fees are direct cost from contractor. These may adjust mid-year due to contractor price increase. Casket burial 650.00$ Cremation burial 375.00$ Lot 20% perpetual care, 80% maintenance Resident 1,200.00$ Non-Resident 1,600.00$ Set Grave Markers Single 375.00$ Double 425.00$ Columbarium Niche Row C, D, E Resident 2,500.00$ Non-Resident 3,000.00$ Niche Row A, B Resident 2,200.00$ Non-Resident 2,650.00$ Ossuary Resident 700.00$ Non-Resident 900.00$ Internment Weekday 250.00$ Weekend/Holiday 350.00$ Inscription Per time 300.00$ Cemetery Fees & Charges City of Eden Prairie 2022 Fees 10 Community Development 2022 Fees 11 ITEM - ACTIVITY DESCRIPTION 2022 ASSESSING Data Base Copies Basic set-up Fee Prepayment required (includes $100.00 for LOGIS)300.00$ Plus media charge Actual cost Electronic copy Actual cost Paper copy Per page 0.25$ Custom Reports Basic set-up Fee Per hour minimum 40.00$ Electronic copy Actual cost Paper copy Per page 0.25$ Assessing Fees & Charges City of Eden Prairie 2022 Fees 12 Tax Increment Financing Fees & Charges City of Eden Prairie 2022 Fees ITEM - ACTIVITY DESCRIPTION 2022 Tax Increment Financing & Tax Abatement Application Fees New TIF or Tax Abatement Project 2,050.00$ Amended TIF or Tax Abatement 2,050.00$ Tax Increment Financing & Tax Abatement Escrow Deposit A deposit agreement is required for tax increment financing and tax abatement applications and amendments. The amount of the initial deposit is the sum of the estimated City Attorney and Public Finance consultant costs. 13 Public Works 2022 Fees 14 ITEM - ACTIVITY DESCRIPTION 2022 ENGINEERING Street Lighting Fee For new subdivisions Charged at prevailing electric company rates. Collected for 36 months at time of final plat. Maps and Printing City maps/plat/half section, black and white-8 1/2 x 11 1.00$ City maps/plat/half section, color-8 1/2 x 11 2.00$ City maps/plat/half section, black and white-11x17 2.50$ City maps/plat/half section, color-11x17 5.00$ City maps/plat/half section, black and white-24 x 36 6.00$ City maps/plat/half section, color-24 x 36 12.00$ City maps/plat/half section, black and white-custom size 12.00$ City maps/plat/half section, color-custom size 24.00$ Aerial photo added to any map is an additional:2.00$ Cloud based transfer or flash drive 20.00$ GIS Services Custom mapping fee - per hour minimum 50.00$ Custom GIS analysis fee - per hour minimum 80.00$ Digital GIS Data Requests Base map data - citywide data 165.00$ Right-of-Way Permits Any right-of-way permit obtained subsequent to work done or obstructions placed in a public right-of-way will be two times the fee amount shown below Mainline utility and telecommunication installations (per 100/L.F.)75.00$ Placement of utility and telecommunication in existing conduit or aerial (per 100/L.F.)18.00$ Mainline utility and telecommunication access 75.00$ Repair/Service or Other Excavation Turf area 85.00$ Repair/Service or Other Excavation Pavement area 170.00$ Obstruction Sidewalk/Trail/Roadway (Traffic control plan required)145.00$ Delay Fees per day for Arterial roadways 1,300.00$ per day for Collector roadways 575.00$ per day for residential and local roadways 115.00$ restoration (pavement/turf) 60.00$ Permit extension fee 60.00$ Street Signs 9 button delineator-red Includes post & install 175.00$ 9 button delineator-red Includes breakaway post & install 200.00$ Future road extension advisory Includes 2 posts & install - 36" x 30"385.00$ Keep right symbol Includes 9 button delin-yellow, no post 205.00$ Keep right symbol Includes 9 button delin-yellow, install, post 250.00$ Keep right symbol Includes 9 button delin-yellow, install & breakaway post 280.00$ No outlet Includes post & install - 24" x 24"190.00$ No parking Includes post & install - Used for Turn-Around 210.00$ Stop sign Includes brackets, install, no post - 30" x 30"205.00$ Stop sign Includes brackets, install, with post - 30" x 30"270.00$ Street name sign Includes install with 12' post - 6" x 6"350.00$ Street name sign Includes install with 12' post - 6" x 9"380.00$ Street name sign Includes install with 12' post - 9" x 9"400.00$ Temporary street name sign Plus 15% surcharge for maintenance until permanent signs in place 235.00$ Bagging existing traffic sign(s) permit fee 75.00$ Temporary "No Parking" sign(s) permit fee 75.00$ Weight Restrictions Truck overweight/oversize permit fee Per trip 85.00$ Other Licenses Refuse & garbage collectors Annual - 1st Vehicle 175.00$ Refuse & garbage collectors Annual - Each additional vehicle 45.00$ Engineering Fees & Charges City of Eden Prairie 2022 Fees 15 ITEM - ACTIVITY DESCRIPTION 2022 UTILITIES - USER CHARGES RESIDENTIAL Sanitary sewer Sanitary sewer Per 1,000 gallons 3.76$ Water (Residential) Per 1,000 gallons Tier 1 0 to 20,000 gallons 2.47$ Tier 2 20,001 to 40,000 gallons 3.46$ Tier 3 40,001 to 60,000 gallons 4.76$ Tier 4 60,001 and above 6.36$ Water All Other Classes (includes commercial, apartments, institutions, etc)2.58$ Base Charges Each R.E.C. will be billed: one-half base charge for water and one-half base charge for sewer 43.46$ Base charges are billed on the greater of the number of R.E.C.'s on connections Storm Drainage Single-family homes/Multi-family homes Each 18.13$ Apartments Per acre rates 180.10$ Parks / open space / golf course / rail road Per acre rates 25.03$ Undeveloped land Each 60.05$ COMMERCIAL Sanitary sewer Sanitary sewer Per 1,000 gallons 3.76$ Water All Other Classes (includes commercial, apartments, institutions, etc)2.58$ Base charges Each R.E.C. will be billed: one-half base charge for water and one-half base charge for sewer 17.28$ Base charges are billed on the greater of the number of R.E.C.'s on connections Storm Drainage - Commercial Industrial Per acre rates 60.05$ Commercial/office Per acre rates 76.74$ Institutions Per acre rates 68.08$ Airport/landfill Per acre rates 14.94$ Parks / open space / golf course / rail road Per acre rates 8.34$ Undeveloped land Each 20.03$ IRRIGATION Irrigation only Meters Residential and Other Classes. Irrigation billed 6 months of the year. Tier 1 0 to 13,000 gallons 3.46$ Tier 2 13,001-20,000 gallons 4.76$ Tier 3 20,001 and above 6.36$ UTILITIES - OTHER FEES Other Charges Unmetered residential sewer only Use charges fee per quarter per R.E.C. plus sewer base charge 66.75$ Administrative fee Flat charge is added to the current balance due to obtain the total certified amount 70.00$ Estimate read fee After 3 consecutive estimate reads and customer has not scheduled an appt. with the water plant, a nonrefundable monthly fee will be added 55.00$ Manual meter read fee Quarterly fee for customers opting out of cellular meter 25.00$ Water flow test for residential meters When consumption is challenged by a customer & the meter is accurate 30.00$ Water service turn on/off (business hours)90.00$ Water service turn on/off (after hours)Any after hours requests for emergency water shut offs 200.00$ Water service turn on/off (irrigation system)Any request for seasonal water turn on or turn off for irrigation systems only 45.00$ Fee is applied for each scheduled trip ($45 turn on, $45 turn off) Water softening & filtering No fee - State license required no fee Water/Fill Station Per 1,000 gallons purchased at tanker fill station at 14100 Technology Drive 5.50$ After initial turn on, any non-emergency on/off request by a prviate property owner, contractor, commercial facility, government agency, or private property management service Penalty for billed charges: 1% per month on account not paid within 30 days of billing. A residential equivalent connection (R.E.C.) is one dwelling unit. The minimum monthly use charge for uses other than residential shall be the same as 1 R.E.C Utilities Fees & Charges City of Eden Prairie 2022 Fees 16 ITEM - ACTIVITY DESCRIPTION 2022 Utilities Fees & Charges City of Eden Prairie 2022 Fees Backflow prevention device inspection/repair permit Flat fee collected from certified backflow prevention inspectors and repair technicians working on behalf of the property owner for administering the annual tracking and record keeping for each device 22.00$ Fire Hydrant Use / Meter for Construction and Irrigation Permit 50.00$ Fire hydrant damage deposit Applied to the final bill 300.00$ 3" meter deposit Refundable 3,750.00$ All other meter deposits Refundable 1,350.00$ Lawn Irrigation Restrictions Surcharges for non-compliance with lawn irrigation restrictions and prohibitions First occurrence 25.00$ Second occurrence 50.00$ Third occurrence 100.00$ Fourth occurrence 200.00$ Fifth & subsequent occurrences within a three year period 300.00$ Water Quality Retesting for Water System Construction Flat fee per resample after failed initial water quality test (based on City's costs for flushing and lab work )55.00$ New Construction Mechanical Reinspections Flat fee per reinspection 60.00$ System Access Charges - Utility Charges For Metro sanitary sewer as established by the Metropolitan Waste Commission System Access Charges - Utility Charges Sanitary Sewer Residential Per R.E.C.770.00$ Industrial, commercial, public, office Per Metro SAC 1,390.00$ System Access Charges - Utility Charges Water Residential Per R.E.C.3,370.00$ Industrial, commercial, public, office Per Metro SAC 4,390.00$ Water/Sewer Connection Trunk sewer and water (per acre)sewer 60%, water 40% 9,330.00$ A connection fee per single unit is applicable if the property has not 23,729.00$ participated in the cost of the utilities by other methods. 17 Police 2022 Fees 18 ITEM - ACTIVITY DESCRIPTION 2022 POLICE FEES & CHARGES Data Processing Duplicating, audio/video recording 5.00$ Duplicating, documentation Per standard page 0.25$ Dog Impounding 1st offense of the year actual Impounding 2nd offense of the year actual Impounding 3rd offense of the year actual Boarding Daily actual Euthenasia actual False Alarm Fee Non-Required Systems Registration Fee free First 3 false alarms free 4th false alarm 100.00$ 5th false alarm 200.00$ 6th & up false alarm 300.00$ Required Systems First false alarm free 2nd false alarm 100.00$ 3rd false alarm 200.00$ 4th false alarm 300.00$ 5th & up false alarm 400.00$ Late Fees Late fees for unpaid bills 25.00$ Hunting & Trapping Landowner free Resident 5.00$ Non-resident 10.00$ Photograph Digital Image 5.00$ Police Officer Supplemental Employment Police Officer Supplemental Employment Per hour - Min. charge is three hours 103.00$ Police Officer Supplemental Employment Per hour - Min. charge is three hours (time worked on double-time holiday)139.00$ Reports Resident Free to residents free Non-resident Per page 0.25$ Reports over 100 pages Per hour actual Transcribe, Audio Tape Transcribe, audio/video Per hour - Minimum charge is one hour 27.00$ Vehicle Forfeiture Administrative Fee Fees applicable unless deemed "Innocent Owner" by Eden Prairie Police, City/ County Attorney or Judge Day 1-60 250.00$ Day 61-180 350.00$ Day 181-365 450.00$ Day 366-730 550.00$ Day 731-1095 650.00$ Ignition Interlock Bond/Bail Out Program Participants One Year 450.00$ Two Year 550.00$ Three Year 650.00$ Police Fees & Charges City of Eden Prairie 2022 Fees 19 ITEM - ACTIVITY DESCRIPTION 2022 BUSINESS LICENSES Liquor - 3.2% Malt Liquor On-sale Annual - If less than one year, amount will be prorated over remaining months.800.00$ Off-sale Annual - If less than one year, amount will be prorated over remaining months.175.00$ Investigation fee Initial application 500.00$ Liquor - Intoxicating Malt Liquors Growlers (off-sale) Annual - If less than 1 year, amt will be prorated over remaining months.250.00$ Brewer Taproom (on-sale)Annual - If less than 1 year, amt will be prorated over remaining months.800.00$ Sunday Sales Annual - If less than 1 year, amt will be prorated over remaining months.200.00$ Liquor On-Sale On-sale Annual - If less than 1 year, amt will be prorated over remaining months.8,750.00$ Brew Pub On-sale Annual - If less than 1 year, amt will be prorated over remaining months.8,750.00$ Cocktail Room On-sale Annual - If less than 1 year, amt will be prorated over remaining months.800.00$ Sunday Sales Annual - If less than 1 year, amt will be prorated over remaining months.200.00$ Investigation fee Initial application 500.00$ License Charge - new manager License change - new manager 50.00$ License change - other License change - other than management change 150.00$ Liquor Off-Sale Microdistillery (Off-sale)Annual - If less than 1 year, amt will be prorated over remaining months.250.00$ Liquor On-Sale Fraternal Clubs Liquor on-sale Annual - If less than one year, amount will be prorated over remaining months.100.00$ Investigation fee Initial application 500.00$ License Charge - new manager License change - new manager 50.00$ License Charge - other License change - other than management change 150.00$ Liquor On-Sale Non-Fraternal Clubs Liquor on-sale Annual 4,250.00$ Investigation fee Initial application 500.00$ License Charge - new manager License change - new manager 50.00$ License Charge - other License change - other than management change 150.00$ Liquor On-Sale Wine On-sale Annual - If less than one year, amount will be prorated over remaining months.2,000.00$ Investigation fee Initial application 500.00$ License Charge - new manager License change - new manager 50.00$ License Charge - other License change - other than management change 150.00$ Liquor Other Temporary beer Requires application Temporary wine Requires application Sunday liquor Annual - If less than one year, amount will be prorated over remaining months.200.00$ Special events Per event 200.00$ Liquor Investigation Fee An investigation fee not to exceed $500 shall be charged to an applicant by the City if investigation is conducted within the State, or the actual cost not to exceed $10,000 without prior approval, if the investigation is required outside the State. Massage Massage - Therapeutic Enterprise Investigation Fee / Initial Application 500.00$ Massage - Therapeutic Enterprise Annual (if less than one year, amount will be prorated over rmg months)300.00$ Massage - Individual Therapist Investigation Fee / Initial Application 100.00$ Massage - Individual Therapist Government issued identification required 50.00$ Massage - Individual Therapist Replacement License Card Printing 10.00$ Pawn Shop/Precious Metal Dealer Annual fee 10,000.00$ Investigation fee 1,500.00$ Peddlers Peddler - ID card Annual - Government issued identification required 50.00$ Peddler - Replacement ID Card Replacement Card 10.00$ Business Licenses and Fees City of Eden Prairie 2022 Fees An investigation fee not to exceed $1,500 shall be charged by the City if the investigation is conducted in the State, or the actual cost not to exceed $10,000 without prior written approval if the investigation is required outside the State. 20 ITEM - ACTIVITY DESCRIPTION 2022 Business Licenses and Fees City of Eden Prairie 2022 Fees Other Bingo (Gambling)Requires application Bee Keeping One time registration fee 75.00$ Chicken Keeping One time registration fee 25.00$ Tobacco Annual - If less than one year, amount will be prorated over remaining months.300.00$ Dog kennels (Commercial)Annual - If less than one year, amount will be prorated over remaining months.85.00$ Dog kennels (Private)Annual - If less than one year, amount will be prorated over remaining months.35.00$ Required for 3-5 animals. Must also purchase individual dog licenses. Dog license Biannual 20.00$ Dangerous dog license Annual 200.00$ Dangerous dog sign & collar tag Annual 25.00$ Dog - Replacement Tag Price per tag 1.00$ Raffle (Gambling)Requires application 21 Fire 2022 Fees 22 ITEM - ACTIVITY DESCRIPTION 2022 Fire Department Fees & Charges Fees will be imposed on any response in which the victim is not an Eden Prairie taxpayer Engine Company Per hour 350.00$ Ladder Company Per hour 400.00$ Boats Per hour 400.00$ Rescue Rig, Brush, ATV/UTV, LSU Per hour 275.00$ Utility/Command Per hour 125.00$ Specialized Personnel Chief Officer, Investigator Per hour - Regular time 90.00$ Specialized Personnel Chief Officer, Investigator Per hour - Overtime 125.00$ Tools/supplies used At cost at cost Firefighter supplemental employment Per 3 hour block - Minimum charge of 3 hours 75.00$ False Fire Alarm First false alarm free 2nd false alarm free with warning letter 3rd false alarm 250.00$ 4th false alarm 500.00$ 5th false alarm 750.00$ 6th and up false alarm 900.00$ Rental Licenses Fees One to Four Plex -- annual fee for 1st unit of 1 to 4 plex - add'l units under same roof are $12.75 for each add'l unit 80.00$ Apartment Complex -- annual fee for the 1st unit in a complex + $12.75 for each add'l rental unit 80.00$ Late fee -- Any application received after March 1st of the licensing year is subject to a late fee of 25% of the license fee.25% of license fee Late fee -- Any application received after April 1st of the licensing year is subject to a late fee of 50% of the license fee.50% of license fee Late fee -- Any application received after May 1st of the licensing year is subject to a late fee of 100% of the license fee.100% of license fee Radio Service Reprogram and tune radios once a year per radio 30.00$ Labor rate an hour, billable on every half hour if additional help is needed 55.00$ Fire Department Fees & Charges City of Eden Prairie 2022 Fees 23 ITEM - ACTIVITY DESCRIPTION 2022 BUILDING INSPECTIONS Fire Alarm & Non-Water Suppression $1 to $2,000 105.00$ $2,001 to $25,000 1st $2,000 plus $25.00 each add'l $1,000 or fraction thereof, to & including $25,000 105.00$ $25,001 to $50,000 1st $25,000 plus $18.25 each add'l $1,000 or fraction thereof, to & including $50,000 680.00$ $50,001 to $100,000 1st $50,000 plus $12.75 each add'l $1,000 or fraction thereof, to & including $100,000 1,136.25$ $100,001 to $500,000 1st $100,000 plus $10.25 each add'l $1,000 or fraction thereof, to & including $500,000 1,773.75$ $500,001 to $1,000,000 1st $500,000 plus $8.40 each add'l $1,000 or fraction thereof, to & including $1,000,000 5,873.25$ $1,000,001 & up 1st $1,000,000 plus $6.75 each add'l $1,000 or fraction thereof 10,073.25$ Plan checking 65% of the building permit fee if valuation is greater than $2,000 65% Investigation fee (all work started w/o a permit) -- fee is equal to amount of permit fee permit fee Fire Prevention Miscellaneous fees Per Minnesota State Fire Code (See Attachment A for description of item subject to fee)115.00$ Re-inspection fee 60.00$ Fire Prevention Permits Burning permits Per site. Limit 2 days per week 145.00$ Fireworks - display Plus standby firefighters at present hourly rate.150.00$ Fireworks - sales Maximum rate set by the State - $100 non-exclusive, $350 exclusive Flammable & combustible liquid tank removal -- Less than 1,000 gallons (fee is per tank)120.00$ Flammable & combustible liquid tank removal -- Greater than 1,000 gallons (fee is per tank)285.00$ Grease vapor removal system cleaning (fee is per cleaning)155.00$ LP gas, flammable & combustible liquid tank install (fee is per tank)315.00$ LP gas tank (temporary heat) > 100 gallons (fee is per tank)105.00$ Annual Fire Code Permit - Storage & Use Maximum of 3 per site 250.00$ * Late fee -- Any fire code permit application received after March 1st is subject to a late fee of 25% of the permit cost.25% of permit fee * Late fee -- Any fire code permit application received after April 1st is subject to a late fee of 50% of the permit cost.50% of permit fee * Late fee -- Any fire code permit application received after May 1st is subject to a late fee of 100% of the permit cost.100% of permit fee Tents/canopy (Residential)Per tent 60.00$ Tents/canopy (Commercial)Per tent 105.00$ Investigation fee (all work started w/o a permit) -- fee is equal to amount of permit fee permit fee Fuel dispensing facilities (new, addition, or alteration) per dispenser 50.00$ Fire Sprinkler Systems $1 to $2,000 105.00$ $2,001 to $25,000 1st $2,000 plus $25.00 each add'l $1,000 or fraction thereof, to & including $25,000 105.00$ $25,001 to $50,000 1st $25,000 plus $18.25 each add'l $1,000 or fraction thereof, to & including $50,000 680.00$ $50,001 to $100,000 1st $50,000 plus $12.75 each add'l $1,000 or fraction thereof, to & including $100,000 1,136.25$ $100,001 to $500,000 1st $100,000 plus $10.25 each add'l $1,000 or fraction thereof, to & including $500,000 1,773.75$ $500,001 to $1,000,000 1st $500,000 plus $8.40 each add'l $1,000 or fraction thereof, to & including $1,000,000 5,873.25$ $1,000,001 & up 1st $1,000,000 plus $6.75 each add'l $1,000 or fraction thereof 10,073.25$ Plan Check Fee 65% of the fire-alarm/suppression permit fee if the job value is greater than $2,000 65% Investigation Fee - all work started w/o a permit Equal to amount of permit fee Mobile Food Preparation Vehicles (Food Trucks) Annual permit is $25. Fire and life safety inspection required.25.00$ Heating & Ventilating - Job Valuation 0 to $1,000 40.00$ $1,001 to $10,000 1st $1,000 plus $2.70 for each add'l $100 or fraction thereof, to and including $10,000 40.00$ $10,001 to $50,000 1st $10,000 plus $22.40 for each add'l $1,000 or fraction thereof, to and incl. $50,000 285.50$ $50,001 and up 1st $50,000 plus $18.00 for each additional $1,000 or fraction thereof 1,181.50$ Heating & Ventilating - Other Gas piping Each opening 30.00$ Reinspection Each 50.00$ Investigation fee Equal to the amount of permit fee (charges for work started w/o a permit) Moving a Building Moving a building $1,000 deposit each from the owners of the building and building mover 250.00$ Moving a garage only $1,000 deposit each from the owners of the building and building mover 50.00$ Plumbing - Job Valuation $0 - $1,000 Minimum 40.00$ $1,001 - $10,000 1st $1,000 plus 2.85% for amount over $1,000 to & including $10,000 40.00$ $10,001 & up 1st $10,000 plus 2.40% for amount over $10,000 299.00$ For each openings on gas 30.00$ Municipal sewer per 100 feet 50.00$ Municipal water per 100 feet 50.00$ Storm sewer & sub soil drains per 100 feet 50.00$ Plumbing - Other Inspections & Fees Reinspection fee Each 60.00$ Investigation fee (all work started w/o a permit) -- fee is equal to amount of permit fee permit fee Building Inspections Fees & Charges City of Eden Prairie 2022 Fees 24 Office of the City Manager 2022 Fees 25 ITEM - ACTIVITY DESCRIPTION 2022 CUSTOMER SERVICE Copies Copies - 1-100 pages Per page - single-sided, black and white, letter or legal size docs.0.25$ Copies - 101 or more pages Actual cost - see Data Practices Policy for details. DVDs of Council & Commission mtgs DVD, plus postage, if applicable.2.00$ Administrative Fees & Charges City of Eden Prairie 2022 Fees 26 ITEM - ACTIVITY DESCRIPTION 2022 FINANCE Tax Exempt Financing Charge Application fee Per transaction 2,000.00$ Annual Fee 1/8 of 1% on the unpaid principal balance at the beginning of each 12-month period. 1/8 of 1% Finance Fees & Charges City of Eden Prairie 2022 Fees 27 ITEM - ACTIVITY DESCRIPTION Frequency FACILITIES EQUIPMENT RENTAL AND STAFF TIME Audio-Visual Equipment (tax included) Sound System and Screens daily rental each 55.00$ Podium, floor model 10.00$ Screen, projection (tripod stand) 6'x6'11.00$ Building Supervisor Monday-Thurs, 5:00 p.m. - 10:00 p.m.hourly 33.00$ Weekends hourly 49.00$ Custodial Time and a half will be charged on weekends hourly 45.00$ CITY CENTER MEETING ROOM RENTALS 2022 ** Room rentals are tax exempt Group 1 Group 2 Group 3 ** All rooms must be vacated by 10:00 p.m. The heritage room is an official emergency shelter for the City Center. Reservations may be rescheduled or canceled in case of emergency. Reservation fees will be returned accordingly.See Attach B for Group Definitions ** Standard room set up is included in the fee. Additional set up charges will be incurred for round tables and special room arrangements at a rate of $30/hr. Atrium I Conference Room (2 hr. minimum rental) Standard conference = seats 10; 4:30-10 pm; Mon-Fri; (Fri. closing is 5:00 pm)hourly 40.00$ 45.00$ 50.00$ Limited availability; City priority Atrium II Conference Room (2 hr. minimum rental) Standard conference = seats 6; 4:30-10 pm; Mon-Fri; (Fri. closing is 5:00 pm) hourly 40.00$ 45.00$ 50.00$ Limited availability; City priority Atrium III Conference Room (2 hr. minimum rental) Standard conference = seats 10; 4:30-10 pm; Mon-Fri; (Fri. closing is 5:00 pm)hourly 40.00$ 45.00$ 50.00$ Limited availability; City priority Council Chamber Restricted use; Standard set-up; No food/beverages; hourly 80.00$ 90.00$ 105.00$ Facility and/or AV technician required w/extra charge ($40.00/hr after hours); AV tech required for broadcast events only. Heritage Room (one quarter)(2 hr. minimum rental) Limited set-up; Maximum capacity = 40 4:30-10 pm; Mon-Fri; (Fri. closing is 5:00 pm)hourly 45.00$ 50.00$ 55.00$ Heritage Room (half)(2 hr. minimum rental) Maximum capacity = 100 4:30-10 pm; Mon-Fri; (Fri. closing is 5:00 pm)hourly 55.00$ 65.00$ 75.00$ Heritage Room (whole)(2 hr. minimum rental) Maximum capacity = 200 4:30-10 pm; Mon-Fri; (Fri. closing is 5:00 pm)hourly 75.00$ 85.00$ 120.00$ Prairie Room (2 hr. minimum rental) Standard conference = seats 18; 4:30-10 pm; Mon-Fri; (Fri. closing is 5:00 pm)hourly 40.00$ 45.00$ 50.00$ Limited availability; City priority Garden Conference Room (2 hr. minimum rental) Maximum capacity = 40. 4:30-10 pm; Mon-Fri; (Fri. closing is 5:00 pm)hourly 45.00$ 55.00$ 65.00$ GARDEN ROOM 2022 Garden Room Group 1 Group 2 Group 3 Room Rental, first four hours, minimum charge 340.00$ 440.00$ 540.00$ Room Rental, each additional hour, hour increments hourly 70.00$ 95.00$ 120.00$ Security per hour if alcohol is served hourly 103.00$ 103.00$ 103.00$ Sound System and Screens flat fee per event (tax included)100.00$ 100.00$ 100.00$ Facilities Equipment and Room Rental Fees & Charges City of Eden Prairie 2022 Fees 2022 28 Attachment A Permits from the Minnesota State Fire Code (MSFC) covered under the “miscellaneous” fee category on the fee resolution. Operational Permits Aerosol products. An operational permit is required to manufacture, store or handle an aggregate quantity of Level 2 or Level 3 aerosol products in excess of 500 pounds (227 kg) net weight. Amusement buildings. An operational permit is required to operate a special amusement building. Aviation facilities. An operational permit is required to use a Group H or Group S occupancy for aircraft servicing or repair and aircraft fuel-servicing vehicles. Additional permits required by other sections of this code include, but are not limited to, hot work, hazardous materials and flammable or combustible finishes. Carnivals and fairs. An operational permit is required to conduct a carnival or fair. Cellulose nitrate film. An operational permit is required to store, handle or use cellulose nitrate film in a Group A occupancy. Combustible dust-producing operations. An operational permit is required to operate a grain elevator, flour starch mill, feed mill, or a plant pulverizing aluminum, coal, cocoa, magnesium, spices or sugar, or other operations producing combustible dusts as defined in Chapter 2. Combustible fibers. An operational permit is required for the storage and handling of combustible fibers in quantities greater than 100 cubic feet (2.8 m3). Exception: A permit is not required for agricultural storage. Compressed gases. An operational permit is required for the storage, use or handling at normal temperature and pressure (NTP) of compressed gases in excess of the amounts listed in Table 105.6.8. Exception: Vehicles equipped for and using compressed gas as a fuel for propelling the vehicle. Covered mall buildings. An operational permit is required for: 1. The placement of retail fixtures and displays, concession equipment, displays of highly combustible goods and similar items in the mall. 2. The display of liquid- or gas-fired equipment in the mall. 3. The use of open-flame or flame-producing equipment in the mall. Cryogenic fluids. An operational permit is required to produce, store, transport on site, use, handle or dispense cryogenic fluids in excess of the amounts listed in Table 105.6.10. Exception: Permits are not required for vehicles equipped for and using cryogenic fluids as a fuel for propelling the vehicle or for refrigerating the lading. Cutting and Welding. An operational permit is required to conduct cutting or welding operations within the jurisdiction. Dry cleaning. An operational permit is required to engage in the business of dry cleaning or to change to a more hazardous cleaning solvent used in existing dry cleaning equipment. Exhibits and trade shows. An operational permit is required to operate exhibits and trade shows. Explosives. An operational permit is required for the manufacture, storage, handling, sale or use of any quantity of explosive, explosive material, fireworks, or pyrotechnic special effects within the scope of Chapter 56. Exception: Storage in Group R-3 occupancies of smokeless propellant, black powder and small arms primers for personal use, not for resale and in accordance with section 5606. Floor finishing. An operational permit is required for floor finishing or surfacing operations exceeding 350 square feet (33 m2) using Class I or Class II liquids. Fruit and crop ripening. An operational permit is required to operate a fruit, or crop-ripening facility or conduct a fruit-ripening process using ethylene gas. 29 Fumigation and thermal insecticidal fogging. An operational permit is required to operate a business of fumigation or thermal insecticidal fogging and to maintain a room, vault or chamber in which a toxic or flammable fumigant is used. HPM facilities. An operational permit is required to store, handle or use hazardous production materials. High-piled storage. An operational permit is required to use a building or portion thereof as a high-piled storage area exceeding 500 square feet (46 m2). Hot work operations. An operational permit is required for hot work including, but not limited to: 1. Public exhibitions and demonstrations where hot work is conducted. 2. Use of portable hot work equipment inside a structure. Exception: Work that is conducted under a construction permit. 3. Fixed-site hot work equipment such as welding booths. 4. Hot work conducted within a wildfire risk area. 5. Application of roof coverings with the use of an open flame device. Industrial ovens. An operational permit is required for operation of industrial ovens regulated by Chapter 30. Lumber yards and woodworking plants. An operational permit is required for the storage or processing of lumber exceeding 100,000 board feet (8,333 ft3) (236 m3). Liquid- or gas-fueled vehicles or equipment in assembly buildings. An operational permit is required to display, operate or demonstrate liquid- or gas-fueled vehicles or equipment in assembly buildings. Magnesium. An operational permit is required to melt, cast, heat treat or grind more than 10 pounds (4.54 kg) of magnesium. Miscellaneous combustible storage. An operational permit is required to store in any building or upon any premises in excess of 2,500 cubic feet (71m3) gross volume of combustible empty packing cases, boxes, barrels or similar containers, rubber tires, rubber, cork or similar combustible material. Open flames and candles. An operational permit is required to remove paint with a torch; use a torch or open flame device in a hazardous fire area; or to use open flames or candles in connection with assembly areas, dining areas of restaurants or drinking establishments. Organic coatings. An operational permit is required for any organic-coating manufacturing operation producing more than 1 gallon (4 L) of an organic coating in one day. Places of assembly. An operational permit is required to operate a place of assembly. Pyrotechnic special effects material. An operational permit is required for use and handling of pyrotechnic special effects material. Pyroxylin plastics. An operational permit is required for storage or handling of more than 25 pounds (11kg) of cellulose nitrate (pyroxylin) plastics and for the assembly or manufacture of articles involving pyroxylin plastics. Refrigeration equipment. An operational permit is required to operate a mechanical refrigeration unit or system regulated by Chapter 6. Repair garages and motor fuel-dispensing facilities. An operational permit is required for operation of repair garages and automotive, marine and fleet motor fuel-dispensing facilities. Rooftop heliports. An operational permit is required for the operation of a rooftop heliport. Spraying or dipping. An operational permit is required to conduct a spraying or dipping operation utilizing flammable or combustible liquids or the application of combustible powders regulated by Chapter 24. Storage of scrap tires and tire byproducts. An operational permit is required to establish, conduct or maintain storage of scrap tires and tire byproducts that exceeds 2,500 cubic feet (71m3) of total volume of scrap tires and for indoor storage of tires and tire byproducts. Tire-rebuilding plants. An operational permit is required for the operation and maintenance of a tire rebuilding plant. 30 Waste handling. An operational permit is required for the operation of wrecking yards, junk yards and waste material-handling facilities. Wood products. An operational permit is required to store chips, hogged material, lumber or plywood in excess of 200 cubic feet (6 m3). Construction Permits Compressed gases. When the compressed gases in use or storage exceed the amounts listed in Table 105.6.8, a construction permit is required to install, repair damage to, abandon, remove, place temporarily out of service, or close or substantially modify a compressed gas system. Exceptions: 1. Routine maintenance. 2. For emergency repair work performed on an emergency basis, application for permit shall be made within two working days of commencement of work. The permit applicant shall apply for approval to close storage, use or handling facilities at least 30 days prior to the termination of the storage, use or handling of compressed or liquefied gases. Such application shall include any change or alteration of the facility closure plan filed pursuant to Section 2701.5.3. The 30-day period is not applicable when approved based on special circumstances requiring such waiver. Flammable and combustible liquids. A construction permit is required: 1. To repair or modify a pipeline for the transportation of flammable or combustible liquids. 2. To install, construct or alter tank vehicles, equipment, tanks, plants, terminals, wells, fuel-dispensing stations, refineries, distilleries and similar facilities where flammable and combustible liquids are produced, processed, transported, stored, dispensed or used. 3. To alter, abandon, place temporarily out of service or otherwise dispose of a flammable or combustible liquid tank. Hazardous materials. A construction permit is required to install, repair damage to, abandon, remove, place temporarily out of service, or close or substantially modify a storage facility or other area regulated by Chapter 50 when the hazardous materials in use or storage exceed the amounts listed in Table 105.6.20. Exceptions: 1. Routine maintenance. 2. For emergency repair work performed on an emergency basis, application for permit shall be made within two working days of commencement of work. Industrial ovens. A construction permit is required for installation of industrial ovens covered by Chapter 30. Exceptions: 1. Routine maintenance. 2. For repair work performed on an emergency basis, application for permit shall be made within two working days of commencement of work. LP-gas. A construction permit is required for installation of or modification to an LP-gas system. Spraying or dipping. A construction permit is required to install or modify a spray room, dip tank or booth. 31 Attachment B Fee Resolution Rental Rate Classifications Eden Prairie City Government: Any activity related to or benefitting the operations of Eden Prairie’s City Government including, but not limited to, City Council, Board and Commission meetings, City sponsored or hosted programs, events and public meetings. The Riley-Purgatory Creek Watershed District and the Eden Prairie School District programs located at City Center are included in this category for City Center rentals.– No Charge. Group I - Eden Prairie Civic /Non-Profit Agencies: Includes Eden Prairie School District, Eden Prairie Youth Athletic Associations, PROP, SW Metro Transit, SW Suburban Cable and Eden Prairie–based religious organizations. A civic, non-profit or resident group is considered as Eden Prairie-based if it has at least 75% of its membership roster residing in the City (as in the case of Eden Prairie Homeowner/Townhome Associations). Group II - Eden Prairie Residents and Businesses: Eden Prairie-based businesses and commercial organizations and Eden Prairie residents who wish to use the facilities for personal use. Group III - Non-Eden Prairie Residents/Businesses/Groups: Non-resident individuals, groups, commercial, and business organizations (including non-profit), as well as state & county-related committees, including Minnesota’s federal and state representatives and political groups (i.e., League of Women Voters, Town Hall meetings, political conventions, etc.). NOTE: Eden Prairie residents and businesses may NOT make reservations for non-Eden Prairie based residents and businesses under the Group II rate. City Rental Facilities Amphitheatre - located at Staring Lake Park City Center - meeting rooms, conference rooms, and the Council Chambers Community Center - ice arenas, meeting rooms, gymnasium, racquetball/Wallyball courts, and swimming pool Park Pavilions & Buildings - Round Lake Park Pavilion, Homeward Hills Park Barn, Round Lake Park Building, Staring Lake Park Building, Miller Park Building, Nesbitt Preserve Park Building, Riley Lake Pavilion, Riley-Jacques Barn, Purgatory Creek Park – Lambert Pavilion, Prairie View Park Building, Forest Hills Park Building, Edenvale Park Building and Crestwood Park Building Senior Center - community room, meeting rooms, and the wood shop (available with supervision according to wood shop regulations) Warming Houses – park buildings located throughout the City used during the winter at outdoor ice rinks 32 City of Eden Prairie, Minnesota Fee Changes December 2021 2021-2022 Parks and Recreation 2021-2022 Fee Changes ITEM - ACTIVITY DESCRIPTION 2021 2022 % change '21 to '22 COMMUNITY CENTER MEMBERSHIP Monthly Resident Membership Rates A resident either lives or works in Eden Prairie. 10% discount on upfront purchase of 12 month membership Month to month automatic debit payment required unless a payment for 12 months is rendered in full at time of purchase. Debits occur on 1st-3rd of every month. 1. Includes full use of fitness facility including a complimentary equipment orientation 2. Includes group fitness classes (except specialty fitness classes such as Yoga and Pilates) 3. Includes use of racquetball courts 4. Includes free open gym, skate and swim Youth (18 and under)Any child 18 years of age or younger.monthly + tax 29.25$ 32.18$ 10% Adult (19 and over)Individual age 19 or older.monthly + tax 36.00$ 39.60$ 10% Dual Any 2 adults or 1 adult/1 youth residing at same address monthly + tax 61.50$ 67.65$ 10% Dual Plus One Any 2 adults plus 1 youth OR 1 adult and 2 youths residing at same address.monthly + tax 72.75$ 80.03$ 10% Household Any 2 adults and up to 4 youth residing at same address.monthly + tax 82.50$ 90.75$ 10% Senior (62 and older)Any individual 62 years of age or older.monthly + tax 30.00$ 33.00$ 10% Senior Dual Any 1 senior and 1 additional member (55 or older) residing at same address.monthly + tax 48.75$ 53.63$ 10% Monthly Non Resident Membership Rates Youth (18 and under)Monthly rate plus applicable taxes monthly + tax 41.25$ 45.38$ 10% Adult (19 and over)Monthly rate plus applicable taxes monthly + tax 42.00$ 46.20$ 10% Dual Monthly rate plus applicable taxes monthly + tax 72.00$ 79.20$ 10% Dual Plus One Monthly rate plus applicable taxes monthly + tax 84.75$ 93.23$ 10% Household Monthly rate plus applicable taxes monthly + tax 98.25$ 108.08$ 10% Senior (62 and older)Monthly rate plus applicable taxes monthly + tax 42.00$ 46.20$ 10% Senior Dual Monthly rate plus applicable taxes monthly + tax 72.00$ 79.20$ 10% Seasonal Short-term Membership Rates Administrative Fee is waived. Applicable taxes apply Two Months (Winter Break)60 consecutive days 80.00$ 90.00$ 13% Community Center Membership Fees & Charges City of Eden Prairie 2021-2022 Fee Changes Membership benefits: ITEM - ACTIVITY DESCRIPTION 2021 2022 % change '21 to '22 COMMUNITY CENTER OPEN ACTIVITIES Open Swim and Lap Swim Resident and Non Resident - fee is for the use of open swim and lap swim Youth 5 years of age to 18 years of age 7.25$ 7.50$ 3% Adult 19 years of age or older 7.75$ 8.00$ 3% Family rate Max 5 people living at same address 25.00$ 25.50$ 2% COMMUNITY CENTER PLAY CARE & PLAY STRUCTURE Play Care Punch Cards - Parent is a Member Punch Card - 20 sessions 52.50$ 55.00$ 5% Punch Card - Parent is a Nonmember Punch Card - 20 sessions 73.50$ 75.00$ 2% Community Center Open Activities and PlayCare Fees & Charges City of Eden Prairie 2021-2022 Fee Changes ITEM - ACTIVITY DESCRIPTION 2021 2022 % change '21 to '22 COMMUNITY CENTER - GROUP RENTALS, RATES, & POLICIES Lifeguards Per lifeguard Per hour 21.00$ 22.00$ 5% Pool rental Fee is per hour. Two hour minimum plus $18.00/hr per lifeguard Pool Rental 105.00$ 110.00$ 5% Community Center Group Rates, Equip. Rental, and Advertising Fees & Charges City of Eden Prairie 2021-2022 Fee Changes ITEM - ACTIVITY DESCRIPTION Fee Type COMMUNITY CENTER RENTALS Ice Arena Rental - Rinks 1, 2, & 3 Prime/nonprime rates are at staff discretion based on timing of the year and ice availability. School Year Ice Rates Jan. 1 - May 31 & Sept. 1 - Dec. 31 (Prime Time Ice Rates)hourly + tax 235.00$ 240.00$ 2% Jan. 1 - May 31 & Sept. 1 - Dec. 31 (Non Prime Time Ice Rates)hourly + tax 175.00$ 180.00$ 3% Swimming Pool Rental 8 Lane Dive Pool hourly + tax 98.50$ 101.45$ 3% 8 Lane Competition Pool hourly + tax 98.50$ 101.45$ 3% Special Pool Rates - School District 272 Physical Education classes Based on pool rental 98.50$ 101.45$ 3% Diving Boards 1 Board hourly + tax 37.00$ 38.11$ 3% 2 Boards hourly + tax 74.00$ 76.22$ 3% Additional Fees Dry land training room rental fee Eden Prairie Youth Association/School District Per hour 20.00$ 25.00$ 25% Non Eden Prairie Youth Association/School District Per hour 45.00$ 50.00$ 11% Swim Meets and Special Events -- includes natatorium and wet locker room usage Eden Prairie based team - hourly Per hour 216.50$ 223.00$ 3% Eden Prairie based team - day long meet Per day 1,850.00$ 1,902.00$ 3% Non-Eden Prairie based team - hourly Per hour 441.25$ 454.49$ 3% Non-Eden Prairie based team - day long meet Per day 3,530.00$ 3,635.92$ 3% Special Event Staffing Per hour 36.00$ 38.00$ 6% Community Center Rental Fees & Charges City of Eden Prairie 2021-2022 Fee Changes 2022 % change '21 to '222021 ITEM - ACTIVITY DESCRIPTION Fee Type Group 1 Group 2 Group 3 Group 1 Group 2 Group 3 Group 1 Group 2 Group 3 COMMUNITY CENTER RENTALS See Attach B for Group Definitions See Attach B for Group Definitions Meeting Room Rentals Two hour minimum. All meeting rooms include AV and white boards, wi fi and customized room set up included. Request must be submitted to the Department Coordinator or Customer Service Representative a minimum of two weeks prior to requested date. Times and dates must not conflict with an existing program or activity. City programs have priority. Eden Prairie Athletic Associations receive one free meeting room use per month. Cambria Room hourly + tax 60.00$ 65.00$ 80.00$ 65.00$ 75.00$ 90.00$ 8%15%13% 110 EP Athletic Associations receive one free meeting room use per month hourly + tax 45.00$ 55.00$ 70.00$ 50.00$ 60.00$ 75.00$ 11%9%7% 112 EP Athletic Associations receive one free meeting room use per month hourly + tax 35.00$ 45.00$ 60.00$ 35.00$ 50.00$ 65.00$ 0%11%8% Meeting Room 101 EP Athletic Associations receive one free meeting room use per month hourly + tax 30.00$ 35.00$ 50.00$ 30.00$ 35.00$ 55.00$ 0%0%10% Other Room Rentals Studio C Based on short term, non-private revenue generating group availability hourly + tax 40.00$ 40.00$ 40.00$ 45.00$ 45.00$ 45.00$ 13%13%13% The Cage hourly + tax 40.00$ 40.00$ 40.00$ 45.00$ 45.00$ 45.00$ 13%13%13% Other Rentals Preferred catering vendor fees Resident annual 100.00$ 100.00$ 100.00$ -$ -$ -$ -100%-100%-100%eliminating 2022 Preferred catering vendor fees Non-Resident annual 200.00$ 200.00$ 200.00$ -$ -$ -$ -100%-100%-100% Community Center Rental Fees & Charges City of Eden Prairie 2021-2022 Fee Changes 2021 2022 % Change '21-'22 ITEM - ACTIVITY DESCRIPTION Fee Type Group 1 Group 2 Group 3 Group 1 Group 2 Group 3 Group 1 Group 2 Group 3 SENIOR CENTER See Attach B for Group Definitions See Attach B for Group Definitions Senior Center Rental All meeting rooms include AV and white boards, WiFi, and customized room set up. There is a 2 hour minimum on all room rentals. Community Rm/ Kitchen Two Rooms (no lounge) - hourly rental hourly + tax 50.00$ 55.00$ 60.00$ 52.00$ 57.00$ 62.00$ 4%4%3% Community Rm/ Kitchen Two Rooms (no lounge) - full day rental (6-10 hours)plus tax 300.00$ 330.00$ 360.00$ 312.00$ 340.00$ 370.00$ 4%3%3% Room 200 Approx. 10-15 people hourly + tax 23.00$ 30.00$ 35.00$ 24.00$ 31.00$ 36.00$ 4%3%3% ITEM - ACTIVITY DESCRIPTION Fee 2021 2022 Type Group 1 Group 2 Group 3 Group 1 Group 2 Group 3 Group 1 Group 2 Group 3 PARK FACILITIES See Attach B for Group Definitions See Attach B for Group Definitions Park Facilities Rental Rates include one building supervisor No private group of over 300 will be allowed to reserve facilities at any park (max. at Staring Park is 150) Eden Prairie School District Programs charged only direct cost for all parks during the school day. Riley Lake Park Pavilion Full Day - Maximum capacity varies plus tax 250.00$ same for all 255.00$ same for all 2% Riley-Jacques Barn Per hour - 4 hour minimum hourly + tax 80.00$ same for all 90.00$ same for all 13% Riley-Jacques Barn Full Day - 10 hours or more plus tax 800.00$ same for all 850.00$ same for all 6% Round Lake Pavilion 1/2 Day - Maximum capacity varies plus tax 165.00$ same for all 170.00$ same for all 3% Round Lake Pavilion Full Day - Maximum capacity varies plus tax 210.00$ same for all 215.00$ same for all 2% Parks & Recreation Rental Fees & Charges City of Eden Prairie 2021-2022 Fee Changes % Change '21-'22 % Change '21-'22 2021 2022 ITEM - ACTIVITY DESCRIPTION 2021 2022 % change '21 to '22 ORGANIZED ATHLETICS Adult League Play Non youth sport teams Per game 40.00$ 45.00$ 13% ART CENTER Open Studio Quarterly Access Per person, does not include instruction 30.00$ 32.00$ 7% Annual Access Per person, does not include instruction 110.00$ 118.00$ 7% FORESTRY Administrative fee - weed/tree ordinance violations 6-10 trees 75.00$ 100.00$ 33% 11+ trees 75.00$ 150.00$ 100% Flat charge for weed and tree violations is added to the current balance due to obtain the certified amount 65.00$ 70.00$ 8% SNOW REMOVAL Administrative fee - snow removal ordinance violation Non compliance fee 96.00$ 100.00$ 4% Flat charge is added to the current balance due to obtain the certified amount 65.00$ 70.00$ 8% Parks and Recreation Fees & Charges City of Eden Prairie 2021-2022 Fee Changes ITEM - ACTIVITY 2021 2022 % change '21 to '22 PLEASANT HILLS CEMETERY Set Grave Markers Single 350.00$ 375.00$ 7% Double 400.00$ 425.00$ 6% Cemetery Fees & Charges City of Eden Prairie 2021-2022 Fee Changes Community Development 2021-2022 Fee Changes Tax Increment Financing Fees & Charges City of Eden Prairie 2021-2022 Fee Changes ITEM - ACTIVITY DESCRIPTION 2021 2022 % change '21 to '22 Tax Increment Financing & Tax Abatement Application Fees New TIF or Tax Abatement Project 2,000.00$ 2,050.00$ 3% Amended TIF or Tax Abatement 2,000.00$ 2,050.00$ 3% Public Works 2021-2022 Fee Changes ITEM - ACTIVITY DESCRIPTION 2021 2022 % change '21 to '22 ENGINEERING Maps and Printing Aerial photo added to any map is an additional:10.00$ 2.00$ -80% GIS Services Custom mapping fee - per hour minimum 45.00$ 50.00$ 11% Custom GIS analysis fee - per hour minimum 75.00$ 80.00$ 7% Digital GIS Data Requests Base map data - citywide data 160.00$ 165.00$ 3% Right-of-Way Permits Any right-of-way permit obtained subsequent to work done or obstructions placed in a public right-of-way will be two times the fee amount shown below Mainline utility and telecommunication installations (per 100/L.F.)70.00$ 75.00$ 7% Placement of utility and telecommunication in existing conduit or aerial (per 100/L.F.)17.00$ 18.00$ 6% Mainline utility and telecommunication access 70.00$ 75.00$ 7% Repair/Service or Other Excavation Turf area 80.00$ 85.00$ 6% Repair/Service or Other Excavation Pavement area 160.00$ 170.00$ 6% Obstruction Sidewalk/Trail/Roadway (Traffic control plan required)140.00$ 145.00$ 4% Delay Fees per day for Arterial roadways 1,200.00$ 1,300.00$ 8% per day for Collector roadways 550.00$ 575.00$ 5% per day for residential and local roadways 110.00$ 115.00$ 5% restoration (pavement/turf) 60.00$ new fee 2022 Permit extension fee 55.00$ 60.00$ 9% Street Signs 9 button delineator-red Includes post & install 170.00$ 175.00$ 3% 9 button delineator-red Includes breakaway post & install 195.00$ 200.00$ 3% Future road extension advisory Includes 2 posts & install - 36" x 30"375.00$ 385.00$ 3% Keep right symbol Includes 9 button delin-yellow, no post 200.00$ 205.00$ 3% Keep right symbol Includes 9 button delin-yellow, install, post 240.00$ 250.00$ 4% Keep right symbol Includes 9 button delin-yellow, install & breakaway post 270.00$ 280.00$ 4% No outlet Includes post & install - 24" x 24"185.00$ 190.00$ 3% No parking Includes post & install - Used for Turn-Around 205.00$ 210.00$ 2% Stop sign Includes brackets, install, no post - 30" x 30"200.00$ 205.00$ 3% Stop sign Includes brackets, install, with post - 30" x 30"260.00$ 270.00$ 4% Street name sign Includes install with 12' post - 6" x 6"340.00$ 350.00$ 3% Street name sign Includes install with 12' post - 6" x 9"370.00$ 380.00$ 3% Street name sign Includes install with 12' post - 9" x 9"390.00$ 400.00$ 3% Temporary street name sign Plus 15% surcharge for maintenance until permanent signs in place 230.00$ 235.00$ 2% Bagging existing traffic sign(s) permit fee 70.00$ 75.00$ 7% Temporary "No Parking" sign(s) permit fee 70.00$ 75.00$ 7% Weight Restrictions Truck overweight/oversize permit fee Per trip 80.00$ 85.00$ 6% Other Licenses Refuse & garbage collectors Annual - 1st Vehicle 170.00$ 175.00$ 3% Refuse & garbage collectors Annual - Each additional vehicle 40.00$ 45.00$ 13% Engineering Fees & Charges City of Eden Prairie 2021-2022 Fee Changes ITEM - ACTIVITY DESCRIPTION 2021 2022 % change '21 to '22 UTILITIES - USER CHARGES RESIDENTIAL Sanitary sewer Sanitary sewer Per 1,000 gallons 3.65$ 3.76$ 3% Water (Residential) Per 1,000 gallons Tier 1 0 to 20,000 gallons 2.40$ 2.47$ 3% Tier 2 20,001 to 40,000 gallons 3.35$ 3.46$ 3% Tier 3 40,001 to 60,000 gallons 4.60$ 4.76$ 3% Tier 4 60,001 and above 6.15$ 6.36$ 3% Water All Other Classes (includes commercial, apartments, institutions, etc)2.50$ 2.58$ 3% Base Charges Each R.E.C. will be billed: one-half base charge for water and one-half base charge for sewer 42.00$ 43.46$ 3% Base charges are billed on the greater of the number of R.E.C.'s on connections Storm Drainage Single-family homes/Multi-family homes Each 17.60$ 18.13$ 3% Apartments Per acre rates 174.85$ 180.10$ 3% Parks / open space / golf course / rail road Per acre rates 24.30$ 25.03$ 3% Undeveloped land Each 58.30$ 60.05$ 3% COMMERCIAL Sanitary sewer Sanitary sewer Per 1,000 gallons 3.65$ 3.76$ 3% Water All Other Classes (includes commercial, apartments, institutions, etc)2.50$ 2.58$ 3% Base charges Each R.E.C. will be billed: one-half base charge for water and one-half base charge for sewer 16.70$ 17.28$ 3% Base charges are billed on the greater of the number of R.E.C.'s on connections Storm Drainage - Commercial Industrial Per acre rates 58.30$ 60.05$ 3% Commercial/office Per acre rates 74.50$ 76.74$ 3% Institutions Per acre rates 66.10$ 68.08$ 3% Airport/landfill Per acre rates 14.50$ 14.94$ 3% Parks / open space / golf course / rail road Per acre rates 8.10$ 8.34$ 3% Undeveloped land Each 19.45$ 20.03$ 3% IRRIGATION Irrigation only Meters Residential and Other Classes. Irrigation billed 6 months of the year. Tier 1 0 to 13,000 gallons 3.35$ 3.46$ 3% Tier 2 13,001-20,000 gallons 4.60$ 4.76$ 3% Tier 3 20,001 and above 6.15$ 6.36$ 3% UTILITIES - OTHER FEES Other Charges Unmetered residential sewer only Use charges fee per quarter per R.E.C. plus sewer base charge 64.80$ 66.75$ 3% Administrative fee Flat charge is added to the current balance due to obtain the total certified amount 65.00$ 70.00$ 8% Manual meter read fee Quarterly fee for customers opting out of cellular meter 25.00$ new fee 2022 Water service turn on/off (irrigation system)Any request for seasonal water turn on or turn off for irrigation systems only 45.00$ new fee 2022 Fee is applied for each scheduled trip ($45 turn on, $45 turn off) Backflow prevention device inspection/repair permit Flat fee collected from certified backflow prevention inspectors and repair technicians working on behalf of the property owner for administering the annual tracking and record keeping for each device 25.00$ 22.00$ -12% System Access Charges - Utility Charges Sanitary Sewer Residential Per R.E.C.750.00$ 770.00$ 3% Industrial, commercial, public, office Per Metro SAC 1,350.00$ 1,390.00$ 3% System Access Charges - Utility Charges Water Residential Per R.E.C.3,280.00$ 3,370.00$ 3% Industrial, commercial, public, office Per Metro SAC 4,270.00$ 4,390.00$ 3% Water/Sewer Connection Trunk sewer and water (per acre)sewer 60%, water 40% 8,769.00$ 9,330.00$ 6% A connection fee per single unit is applicable if the property has not 22,302.00$ 23,729.00$ 6% participated in the cost of the utilities by other methods. Penalty for billed charges: 1% per month on account not paid within 30 days of billing. A residential equivalent connection (R.E.C.) is one dwelling unit. The minimum monthly use charge for uses other than residential shall be the same as 1 R.E.C Utilities Fees & Charges City of Eden Prairie 2021-2022 Fee Changes Police 2021-2022 Fee Changes ITEM - ACTIVITY DESCRIPTION 2021 2022 % change '21 to '22 POLICE FEES & CHARGES Police Officer Supplemental Employment Police Officer Supplemental Employment Per hour - Min. charge is three hours 100.00$ 103.00$ 3% Police Officer Supplemental Employment Per hour - Min. charge is three hours (time worked on double-time holiday)135.00$ 139.00$ 3% Transcribe, Audio Tape Transcribe, audio/video Per hour - Minimum charge is one hour 25.00$ 27.00$ 8% Vehicle Forfeiture Administrative Fee Fees applicable unless deemed "Innocent Owner" by Eden Prairie Police, City/ County Attorney or Judge Day 1-60 250.00$ new fee 2022 Day 61-180 350.00$ Day 181-365 450.00$ Day 366-730 550.00$ Day 731-1095 650.00$ Ignition Interlock Bond/Bail Out Program Participants One Year 450.00$ Two Year 550.00$ Three Year 650.00$ Police Fees & Charges City of Eden Prairie 2021-2022 Fee Changes ITEM - ACTIVITY DESCRIPTION 2021 2022 % change '21 to '22 BUSINESS LICENSES Other Chicken Keeping One time registration fee 75.00$ 25.00$ -67%reducing for community comparison Business Licenses and Fees City of Eden Prairie 2021-2022 Fee Changes Fire 2021-2022 Fee Changes ITEM - ACTIVITY DESCRIPTION 2021 2022 % change '21 to '22 Rental Licenses Fees One to Four Plex -- annual fee for 1st unit of 1 to 4 plex - add'l units under same roof are $12.75 for each add'l unit 60.00$ 80.00$ 33% Apartment Complex -- annual fee for the 1st unit in a complex + $12.75 for each add'l rental unit 60.00$ 80.00$ 33% Late fee -- Any application received after March 1st of the licensing year is subject to a late fee of 25% of the license fee.25% of license fee new fee 2022 Late fee -- Any application received after April 1st of the licensing year is subject to a late fee of 50% of the license fee.50% of license fee Late fee -- Any application received after May 1st of the licensing year is subject to a late fee of 100% of the license fee.100% of license fee Fire Department Fees & Charges City of Eden Prairie 2021-2022 Fee Changes ITEM - ACTIVITY DESCRIPTION 2021 2022 % change '21 to '22 BUILDING INSPECTIONS Fire Alarm & Non-Water Suppression $1 to $2,000 100.00$ 105.00$ 5% $2,001 to $25,000 1st $2,000 plus $25.00 each add'l $1,000 or fraction thereof, to & including $25,000 100.00$ 105.00$ 5% $25,001 to $50,000 1st $25,000 plus $18.25 each add'l $1,000 or fraction thereof, to & including $50,000 641.65$ 680.00$ 6% $50,001 to $100,000 1st $50,000 plus $12.75 each add'l $1,000 or fraction thereof, to & including $100,000 1,072.90$ 1,136.25$ 6% $100,001 to $500,000 1st $100,000 plus $10.25 each add'l $1,000 or fraction thereof, to & including $500,000 1,672.90$ 1,773.75$ 6% $500,001 to $1,000,000 1st $500,000 plus $8.40 each add'l $1,000 or fraction thereof, to & including $1,000,000 5,532.90$ 5,873.25$ 6% $1,000,001 & up 1st $1,000,000 plus $6.75 each add'l $1,000 or fraction thereof 9,507.90$ 10,073.25$ 6% Fire Prevention Miscellaneous fees Per Minnesota State Fire Code (See Attachment A for description of item subject to fee)110.00$ 115.00$ 5% Re-inspection fee 55.00$ 60.00$ 9% Fire Prevention Permits Burning permits Per site. Limit 2 days per week 135.00$ 145.00$ 7% Fireworks - display Plus standby firefighters at present hourly rate.145.00$ 150.00$ 3% Fireworks - sales Maximum rate set by the State - $100 non-exclusive, $350 exclusive Flammable & combustible liquid tank removal -- Less than 1,000 gallons (fee is per tank)115.00$ 120.00$ 4% Flammable & combustible liquid tank removal -- Greater than 1,000 gallons (fee is per tank)270.00$ 285.00$ 6% Grease vapor removal system cleaning (fee is per cleaning)145.00$ 155.00$ 7% LP gas, flammable & combustible liquid tank install (fee is per tank)300.00$ 315.00$ 5% LP gas tank (temporary heat) > 100 gallons (fee is per tank)100.00$ 105.00$ 5% Annual Fire Code Permit - Storage & Use Maximum of 3 per site 235.00$ 250.00$ 6% * Late fee -- Any fire code permit application received after March 1st is subject to a late fee of 25% of the permit cost.25% of permit fee New fee 2022 * Late fee -- Any fire code permit application received after April 1st is subject to a late fee of 50% of the permit cost.50% of permit fee * Late fee -- Any fire code permit application received after May 1st is subject to a late fee of 100% of the permit cost.100% of permit fee Tents/canopy (Residential)Per tent 55.00$ 60.00$ 9% Tents/canopy (Commercial)Per tent 100.00$ 105.00$ 5% Fuel dispensing facilities (new, addition, or alteration) per dispenser 100.00$ 50.00$ -50% Fire Sprinkler Systems $1 to $2,000 100.00$ 105.00$ 5% $2,001 to $25,000 1st $2,000 plus $25.00 each add'l $1,000 or fraction thereof, to & including $25,000 100.00$ 105.00$ 5% $25,001 to $50,000 1st $25,000 plus $18.25 each add'l $1,000 or fraction thereof, to & including $50,000 641.65$ 680.00$ 6% $50,001 to $100,000 1st $50,000 plus $12.75 each add'l $1,000 or fraction thereof, to & including $100,000 1,072.90$ 1,136.25$ 6% $100,001 to $500,000 1st $100,000 plus $10.25 each add'l $1,000 or fraction thereof, to & including $500,000 1,672.90$ 1,773.75$ 6% $500,001 to $1,000,000 1st $500,000 plus $8.40 each add'l $1,000 or fraction thereof, to & including $1,000,000 5,532.90$ 5,873.25$ 6% $1,000,001 & up 1st $1,000,000 plus $6.75 each add'l $1,000 or fraction thereof 9,507.90$ 10,073.25$ 6% Heating & Ventilating - Job Valuation $10,001 to $50,000 1st $10,000 plus $22.40 for each add'l $1,000 or fraction thereof, to and incl. $50,000 269.50$ 285.50$ 6% $50,001 and up 1st $50,000 plus $18.00 for each additional $1,000 or fraction thereof 1,115.50$ 1,181.50$ 6% Heating & Ventilating - Other Gas piping Each opening 25.00$ 30.00$ 20% Plumbing - Job Valuation $10,001 & up 1st $10,000 plus 2.40% for amount over $10,000 287.50$ 299.00$ 4% For each openings on gas 25.00$ 30.00$ 20% Municipal sewer per 100 feet 40.00$ 50.00$ 25% Municipal water per 100 feet 40.00$ 50.00$ 25% Storm sewer & sub soil drains per 100 feet 40.00$ 50.00$ 25% Plumbing - Other Inspections & Fees Reinspection fee Each 50.00$ 60.00$ 20% Building Inspections Fees & Charges City of Eden Prairie 2021-2022 Fee Changes Per dispenser 2022 Office of the City Manager 2021-2022 Fee Changes ITEM - ACTIVITY DESCRIPTION Frequency FACILITIES EQUIPMENT RENTAL AND STAFF TIME Audio-Visual Equipment (tax included) Dry erase board (3'x5') with markers 8.00$ -$ -100%included with room rental Easel 5.50$ -$ -100%included with room rental Extra pad of paper each 13.00$ -$ -100%included with room rental Flipchart/dry erase (24"x30") with paper 11.00$ -$ -100%included with room rental Sound System and Screens daily rental each 54.00$ 55.00$ 2% Microphone/stand & speakers 16.00$ -$ -100%included with room rental Microphone, wireless hand-held or clip-on and speakers 22.00$ -$ -100%included with room rental Podium, floor model 8.00$ 10.00$ 25% Building Supervisor Monday-Thurs, 5:00 p.m. - 10:00 p.m.hourly 32.00$ 33.00$ 3% Weekends hourly 48.00$ 49.00$ 2% Custodial Time and a half will be charged on weekends hourly 44.00$ 45.00$ 2% CITY CENTER MEETING ROOM RENTALS 2021 2022 % change '21 to '22 ** Room rentals are tax exempt Group 1 Group 2 Group 3 Group 1 Group 2 Group 3 Group 1 Group 2 Group 3 Heritage Room (whole)(2 hr. minimum rental) Maximum capacity = 200 4:30-10 pm; Mon-Fri; (Fri. closing is 5:00 pm)hourly 70.00$ 80.00$ 110.00$ 75.00$ 85.00$ 120.00$ 7%6%9% GARDEN ROOM 2021 2022 % change '21 to '22 Garden Room Group 1 Group 2 Group 3 Group 1 Group 2 Group 3 Group 1 Group 2 Group 3 Security per hour if alcohol is served hourly 100.00$ 100.00$ 100.00$ 103.00$ 103.00$ 103.00$ 3%3%3% Sound System and Screens flat fee per event (tax included)80.00$ 80.00$ 80.00$ 100.00$ 100.00$ 100.00$ 25%25%25% % change '21 to '22 Facilities Equipment and Room Rental Fees & Charges City of Eden Prairie 2021-2022 Fee Changes 2021 2022 CITY COUNCIL AGENDA SECTION: Public Hearings / Meetings DATE: December 7, 2021 DEPARTMENT / DIVISION: Rick Getschow City Manager, Administration ITEM DESCRIPTION: Resolution Certifying the 2022 Property Tax Levy, Adopting the 2022 Budget, and Approving the 2022 HRA Tax Levy ITEM NO.: IX.G. Requested Action Move to: • Adopt a resolution certifying the 2022 Property Tax levy to be $43,102,554; and • Approve the 2022 Budget of $55,617,390 as reviewed by the Council; and • Approve the HRA tax levy and budget of $200,000. Synopsis On September 7, 2021, the Eden Prairie City Council adopted a resolution certifying the proposed 2022 City budget and property tax levy. Calculations for the City showed the budget to be $55,617,390 and the certified levy to be $43,102,554 before fiscal disparities distribution. The net tax levy after fiscal disparities distribution of ($2,494,942) is $40,607,612. The 2022 proposed budget maintains City services with a budget increase of 5.1% in the general fund and a total budget increase of 4.8% which includes the capital levy and debt service payments. The tax levy is budgeted to increase 4.7%. According to state statute, the final levy amount must be certified to the county auditor by December 28, 2021. City Council adoption of the final levy and budget will complete this process. Attachments Resolution Budget Summary CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2021-__ A RESOLUTION CERTIFYING THE 2022 TAX LEVY AND ADOPTING THE 2022 BUDGET WHEREAS, the City Council has reviewed the budget recommended by the City Manager, listened to public comment, and discussed the proposals and tax levy for the 2022 Budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Eden Prairie, County of Hennepin, Minnesota, that the following sums of money be levied upon the taxable property in said City for the following purposes: Taxes to be Levied Against Tax Capacity General Fund 40,149,554$ 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). BE IT FURTHER RESOLVED that, with the conclusion of the Proposed Property Tax and Budget Hearing process, the City Council approves the 2022 Budget totaling $55,617,390. BE IT FURTHER RESOLVED that the council consents and approves the 2022 HRA tax levy of $200,000. ADOPTED by the Eden Prairie City Council this 7th day of December, 2021. _____________________________ Ronald A. Case, Mayor ATTEST: _____________________________ Nicole Tingley, City Clerk CITY OF EDEN PRAIRIE NOTICE OF ADJUSTMENT TO REQUIRED DEBT LEVIES LEVIED YEAR 2021, COLLECTED YEAR 2022 EXHIBIT 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 Levy OUTSTANDING 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 $1,368,000 G.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 12/7/2021 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 ......................................................................................................................... 8 Debt Levy ............................................................................................................................................. 8 Capital Levy ........................................................................................................................................ 9 General Fund Revenue Budget .................................................................................................... 10 General Fund Expenditure Budget ............................................................................................... 13 Housing and Redevelopment Authority (HRA) .......................................................................... 18 Conclusion ......................................................................................................................................... 18 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 – Com plete 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 • City Manager, Directors, and Finance prepare for City Council Workshop 4 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 ($5M)19,261$ 20,588$ 1,327$ 6.9% Commercial ($2M)8,340$ 7,725$ (615)$ (7.4%) 7 Staff has calculated that a $375,000 change in the tax levy will impact the median value home by 1% or $14.00. Below summarizes the total tax impact by taxing authority for the median value home. One of the goals of the budget is to continue to improve Eden Prairie’s relative position in fiscal comparisons with comparable cities. Eden Prairie is in the lower half of taxes paid for the single value home when compared to the other Minnesota Legislative Commission (MLC) cities as can be seen by the graph below. The cities that belong to the commission have similar characteristics including receiving limited revenue from the State and are contributors to the fiscal disparity pool. Percent Entity 2021 2022 Difference Change Hennepin County 1,592$ 1,651$ 59$ 3.7% City of Eden Prairie 1,342 1,424 82 6.1% School District 1,743 1,789 46 2.6% Metro Spec Tax District 95 96 1 1.1% Other Districts 321 332 11 3.4% Total 5,093$ 5,292$ 199$ 3.9% 8 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. In November, the City refinanced the 2014A bonds for a savings of approximately $1,900,000. Due to the timing of 2021 2022 Percent 2023 Percent Fund Adopted Proposed Difference Change Proposed Difference Change General Fund 38,061,490$ 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% 9 the levy submittal to the County, the levy below still shows the old debt but will be switched over to the new debt issued for future reporting. 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% 10 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 72% 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. Intergovernmental revenue (IGR) sources includes Federal and State grants, State aid, and other local grants. This revenue source accounts for 9% of the General Fund revenues. For 2022, IGR is increasing to $5,121,301 which is an increase of $3,822,079 due to the collection of $3,723,700 in American Recovery Plan Funds. The city plans to use this revenue to offset any revenue shortfalls impacted by COVID. For 2023, the revenue will decrease back to pre-COVID amounts. The largest sources of IGR are Police Pension Aid and Fire Relief Associaton Aid. Below is a history of these two aids. 2021 2022 Percent 2023 Percent Revenue Adopted Proposed Difference Change Proposed Difference Change Taxes 37,325,260$ 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 5,121,301 3,822,079 294.2%1,401,300 (3,720,001) (72.6%) 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$ 54,888,091$ 4,785,617$ 9.6%53,342,407$ (1,545,684)$ (2.8%) 11 Licenses and permits revenue accounts for 7% 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. • 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 12 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. 13 General Fund Expenditure Budget Revenues Less Expenses for 2022 and 2023 are $2,223,701 and ($1,100,000) respectively. In 2023, the City anticipates using $1,100,000 of the positive balance from 2022 to offset revenue shortfalls in 2023. Expenditures are proposed to increase 5.1% in 20 22 and 3.4% in 2023. The following graph shows budget changes by category: Since the City provides significant services to the community, wages and benefits make up 63% percent of the general fund budget. The most significant categories include wages, pension and taxes, health insurance, part-time wages, and workers compensation insurance. Other significant costs include amounts to maintain facilities, fleet services, information 2021 2022 Percent 2023 Percent Expenses Adopted Proposed Difference Change Proposed Difference Change Administration 4,719,537$ 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 -$ 2,223,701$ 2,223,701$ 0.0%(1,100,000)$ (3,323,701)$ 0.0% Use of American Recovery Plan Funds 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 14 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 234 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 15 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 offset s 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 16 ($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. 17 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, 18 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. CITY COUNCIL AGENDA SECTION: Public Hearings/Meetings DATE: December 7, 2021 DEPARTMENT/DIVISION: Ashton Kogel Public Works / Engineering ITEM DESCRIPTION: Vacation 21-02 Vacation of Drainage and Utility Easements ITEM NO.: IX.H. Requested Action Move to: Close the public hearing; and Adopt the Resolution vacating Drainage and Utility Easements. Synopsis The developer of Outlot B, Castle Ridge 3rd Addition has requested the vacation of the drainage and utility easements over this lot to facilitate the plat of Castle Ridge 5th Addition for the new Flying Cloud Commons development. The drainage and utility easement vacation is conditioned upon receipt of written confirmation from Comcast that they have relocated their facilities and no longer object to said vacation. Background Information The drainage and utility easements were originally dedicated with the plat of Castle Ridge 3rd Addition. New drainage and utility easements will be dedicated with the plat of Castle Ridge 5th Addition. The release of the resolution vacating the drainage and utility easements shall be conditioned on the recording of the plat of Castle Ridge 5th Addition. Attachments • Resolution • Location Map • Site Plan • Published Notice • Notification List CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2021-___ VACATION OF ALL THE DRAINAGE AND UTILTY EASEMENTS OVER OUTLOT B, CASTLE RIDGE 3RD ADDITION VACATION 21-02 WHEREAS, the City of Eden Prairie has certain drainage and utility easements described as follows: All drainage and utility easements lying over, under and across Outlot B, CASTLE RIDGE 3RD ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota, as delineated and dedicated on said CASTLE RIDGE 3RD ADDITION. WHEREAS, a Public Hearing was held on December 7, 2021, after due notice was given to affected property owners and published in accordance with M.S.A. 412.851; and WHEREAS, the Council has been advised by City Staff that the proposed vacation of the above described drainage and utility easements has no relationship to the comprehensive municipal plan; and WHEREAS, it has been determined that the said drainage and utility easements are not necessary and have no interest to the public, therefore, should be vacated. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said drainage and utility easements as described above are hereby vacated. 2. The City Clerk shall prepare a Notice of Completion of Proceedings in accordance with M.S.A. 412.851. 3. This Resolution is contingent upon and shall not be effective until the plat of Castle Ridge 5th Addition has been recorded with the County Recorder/Registrar of Titles as applicable. The City Clerk shall not present the Notice of Completion of Proceedings to the County Auditor or file it with the County Recorder/Registrar of Titles until the plat of Castle Ridge 5th Addition is recorded. ADOPTED by the Eden Prairie City Council on December 7, 2021. ________________________ Ronald A. Case, Mayor ATTEST: _______________________ Nicole Tingley, City Clerk 142223RD.PORCUPINECT.RD.W.78th ROVIKINGFES C U E WESTWINDDAR NEL PLAZADR.RD.JOY CIR.GRIERLA.RIAG EARCMAGNOLIATR.R D .PL.FOUC O L UMBINE ZACHMAN CIR.RD.EDEN RD.REGIONAL CENTER LEONA RD.GLE N LA.SINGL ETREELA.CT.WATERFORDDEN RD.23.24.25.27.29.W E S T WI N DDARNELTU S S OCKCT.TOOFWOCRCT.COCKSP U RC T . OBLE KATHRYNCT.DR.CT.A MAGRANDR.BLVD.MCT.D R .DR. RD .97AZTEC DR.NTAINMAGNOLIA TR.CASTLEMOORD R I V E J O I N E R W A YCARDIFFLA.COMEDPRIMROSEL A .MARIGOLDCIR.CIR.ALA.PKWY.STOCKBRIDGE CIR.WINCHESTERPL.CAMBRIDGELA.C O R TLAND RD. NO 8 4 SHA NON CT.N WIL ERDR.GWE NETHLA.FRANLORD.D 7 0 PRAIRIECE N T E R JASMI N E L A . BLVD.E PR S E R V E F L Y I N G CL O U D DR.PRAIRIECENDR.TERCHNDR.Neill Lake IdlewildEden PrairieCenterEdenLake21221221261TE OLOGY L E EW PurgatoryCreekParkR S O N85R.LA.ESS E X BER KSHIRECT. PK W Y .LIHDAGARDEN82R H UPTR.T R 83ANDEOak PointeIntermediateSchoolEden LakeElementarySchoolEden LakeParkTOWNPLCENTERG:\Engineering\Drawings\Public Works\Easements\Vacations\2021\VAC 21-02.dwg DATE: 11/09/2021VACATION LOCATION MAPVAC 21-02SITE Phone (952) 937-5150 12701 Whitewater Drive, Suite #300 Fax (952) 937-5822 Minnetonka, MN 55343 Toll Free (888) 937-5150 VACATION 21-02 NOTICE OF VACATION OF DRAINAGE AND UTILITY EASEMENTS AS DEDICATED ON OUTLOT B, CASTLE RIDGE 3RD ADDITION, HENNEPIN COUNTY, MINNESOTA Notice is hereby given that a public hearing will be held before the Eden Prairie City Council at the Eden Prairie City Hall, 8080 Mitchell Road, Eden Prairie, Minnesota, on December 7, 2021 at 7:00 p.m. to hear all persons present upon the proposed vacation of public drainage and utility easements described as follows: Proposed legal description of drainage and utility easement to be vacated: Drainage and utility easements as delineated, dedicated and donated on CASTLE RIDGE 3RD ADDITION, Hennepin County, Minnesota to be vacated. Said easements described as follows: All drainage and utility easements as dedicated on Outlot B, said CASTLE RIDGE 3RD ADDITION. By Order of the City Council Published in the Sun Sailor on November 18, 2021 NOTIFICATION LIST VACATION REQUEST 21-02 A copy of the Public Hearing Notice has been sent to owners of the following parcels: 1411622310031 1411622310047 1411622310048 1411622310052 1411622320321 1411622320323 1411622320324 1411622330037 1411622340019 A copy of the Public Hearing Notice has been sent to the following Utilities: CenterPoint Energy Century Link Communications Comcast Cable Xcel Energy CITY COUNCIL AGENDA SECTION: Payment of Claims DATE: December 07, 2021 DEPARTMENT/DIVISION: Tammy Wilson, 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 286861 – 287397 Wire Transfers 1029340 - 1029486 Wire Transfers 8541 - 8567 City of Eden Prairie Council Check Summary 12/7/2021 Division Amount Division Amount 100 City Manager 66,099 601 Prairie Village Liquor 184,196 101 Legislative 10,855 602 Den Road Liquor 300,016 102 Legal Counsel 45,033 603 Prairie View Liquor 200,187 110 City Clerk 1,419 605 Den Road Building 2,779 111 Customer Service 9,118 701 Water Enterprise Fund 320,691 112 Human Resources 34 702 Wastewater Enterprise Fund 373,074 113 Communications 6,860 703 Stormwater Enterprise Fund 37,024 114 Benefits & Training 4,943 Total Enterprise Fund 1,417,968 130 Assessing 4,998 132 Housing and Community Services 3,380 802 494 Commuter Services 52,205 133 Planning 35 804 100 Year History 52 136 Public Safety Communications 1,002 806 SAC Agency Fund 626,220 151 Park Maintenance 31,979 807 Benefits Fund 1,051,185 153 Organized Athletics 276 808 Severance 20,000 154 Community Center 3,167 809 Investment Fund 1,305 156 Youth Programs 23,225 810 Workers Comp Insurance 137 157 Special Events 30,000 811 Property Insurance 129,761 158 Senior Center 1,093 812 Fleet Internal Service 107,106 159 Recreation Administration 4,956 813 IT Internal Service 140,418 160 Therapeutic Recreation 21 814 Facilities Capital ISF 50,973 162 Arts 4,334 815 Facilites Operating ISF 40,530 168 Arts Center 1,331 816 Facilites City Center ISF 53,707 180 Police Sworn 42,987 817 Facilites Comm. Center ISF 68,799 184 Fire 115,552 Total Internal Svc/Agency Fund 2,342,397 186 Inspections 1,572 201 Street Maintenance 65,463 Report Total 4,903,834 202 Street Lighting 67 Total General Fund 479,800 301 CDBG 14,900 303 Cemetary Operation 1,773 Total Special Revenue Fund 16,673 308 E-911 349 315 Economic Development 13,951 317 Eden Prairie Players 175 502 Park Development 4,374 509 CIP Fund 445,412 512 CIP Trails 527 513 CIP Pavement Management 6,714 522 Improvement Projects 2006 10,370 527 CIP - Leasing Costs 300 528 Shady Oak Rd-CR 61 North 241 532 EP Road Connect Flying Cloud 10,926 539 2020 Improvement Projects 6,514 540 Duck Lake Rd. Reconstruction 147,144 Total Capital Projects Fund 646,996 City of Eden Prairie Council Check Register by GL 12/7/2021 Check #Amount Supplier / Explanation Account Description Business Unit Comments 287016 619,958 METROPOLITAN COUNCIL Other Revenue SAC Agency Fund Oct 2021 SAC charges 287152 346,015 BITUMINOUS ROADWAYS INC Other Contracted Services Street Maintenance 2020 Pavement Mgmt/Braxton Dr Trl Rehab 287015 337,628 METROPOLITAN COUNCIL MCES User Fee Wasterwater Collection Wastewater Svc Fee Dec 2021 8564 271,683 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR Ending 11.29.21 8547 266,090 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR Ending 11.05.21 8562 196,226 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 11.05.21 8545 191,198 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 10.22.21 287348 143,575 KRAEMER NORTH AMERICA LLC Improvement Contracts Duck Lake Rd. Reconstruction Duck Lake Rd Improvements 1029473 129,790 NORTHWEST ASPHALT Improvement Contracts Utility Operations - General WTP asphalt/sidewalk repairs 287006 129,761 LEAGUE MN CITIES INS TRUST WC Insurance Property Insurance Property/casualty Ins. premiums 8541 125,949 MINNESOTA DEPT OF REVENUE Sales Tax Payable Historical Culture Sales Tax Oct 2021 287323 103,200 ELBIT SYSTEMS OF AMERICA NIGHT VISION Capital Under $25,000 Capital Maint. & Reinvestment Night Visions for SWAT Replacement 1029471 85,849 LOGIS Network Support IT Operating 8543 60,766 USBANCORP Principal Fire 287001 52,303 JOHNSON CONTROLS Other Contracted Services Ice Arena Maintenance 1029467 48,925 GREGERSON ROSOW JOHNSON & NILAN LTD Legal TIF-Trail Point Ridge 287395 38,610 WATCHGUARD VIDEO Hardware - R&M IT Capital 1029480 33,290 STREICHERS Clothing & Uniforms Police Sworn 287209 30,384 VIDEOTRONIX INC Capital Under $25,000 Capital Maint. & Reinvestment 287194 30,000 RES SPECIALTY PYROTECHNICS INC Other Contracted Services July 4th Celebration 286923 29,665 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 8566 27,608 EMPOWER Deferred Compensation Health and Benefits 8549 27,525 EMPOWER Deferred Compensation Health and Benefits 1029418 27,450 CENTERPOINT ENERGY Gas General Community Center 286984 27,091 DODGE OF BURNSVILLE Equipment Parts Fleet - Police 287373 27,052 REHBEIN'S AGRICULTURAL SERVICES Lime Residual Removal Water Treatment 287390 23,586 VALLEY RICH CO INC Equipment Repair & Maint Wasterwater Collection 8548 23,204 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 1029385 23,023 XCEL ENERGY Electric Flying Cloud Off Leash Park 1029371 22,924 DIVERSE BUILDING MAINTENANCE Janitor Service Historical Buildings 286999 22,856 ILEX GROUP INC Deposits General Fund 8565 21,753 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 8555 20,269 NCR PAYMENT SOLUTIONS,PA, LLC Bank and Service Charges Liquor Store Delivery 8556 20,000 US BANK TRUST RMSA Severance User Charge Severance 287254 19,771 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 287294 19,460 ASTLEFORD EQUIPMENT COMPANY INC Equipment Repair & Maint Fleet Operating 286897 19,395 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 286947 18,195 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 1029474 18,009 PEARSON BROTHERS INC Sweeping Stormwater Non-Capital 1029461 16,710 CENTERPOINT ENERGY Gas Prairie View Liquor Store 287011 16,493 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 287215 16,026 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 1029470 15,375 ITRON INC.Maintenance Contracts Water Enterprise Fund 286912 14,974 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store 287165 14,849 GRAYMONT Treatment Chemicals Water Treatment 287214 14,676 GRI EDEN PRAIRIE, LLC Waste Disposal Prairie Village Liquor Store 287231 14,622 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 8560 14,469 FURTHER - AKA SELECT HSA - Employer Health and Benefits Check #Amount Supplier / Explanation Account Description Business Unit Comments 287107 14,193 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 287275 14,053 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 287378 13,994 SOCCER SHOTS Instructor Service Preschool Events 8567 13,538 I-494 CORRIDOR COMMISSION Wages and Benefits 494 Corridor Commission 8544 13,124 I-494 CORRIDOR COMMISSION Wages and Benefits 494 Corridor Commission 287261 13,010 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 1029486 12,376 XCEL ENERGY Electric Forest Hills Park 286978 12,260 CORNERHOUSE Other Contracted Services General Fund 287035 11,790 PRESCRIPTION LANDSCAPE Contract Svcs - Lawn Maint.City Center - CAM 287370 11,732 PEAK HEATING AND COOLING INC Other Contracted Services Rehab 287116 11,193 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 1029380 10,970 STREICHERS Clothing & Uniforms Fire 287043 10,537 SOUTHWEST SUBURBAN CABLE COMMISSION Dues & Subscriptions City Council 286965 10,083 BOLTON & MENK INC Design & Engineering Duck Lake Rd. Reconstruction 287099 9,923 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 287326 9,696 FIRE SAFETY USA INC Equipment Parts Fleet Operating 286995 9,648 GRAYMONT Treatment Chemicals Water Treatment 287391 9,364 VEIT & CO Improvement Contracts EP Rd Connect to Flying Cloud 287044 9,208 SSI KEF SLB LLC Electric Water Treatment 287208 9,011 VALLEY RICH CO INC Equipment Repair & Maint Water Distribution 287341 9,000 IRON MALTESE ATHLETICS Training Fire 1029368 8,973 WSB & ASSOCIATES INC Design & Engineering Park Acquisition & Development 287098 8,738 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store 287046 8,500 STAR TRIBUNE Employment Advertising General Fund 8561 8,428 U.S. BANK - I-494 PURCH. CARD Marketing 494 Corridor Commission 287253 8,352 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store 286987 8,188 EUREKA CONSTRUCTION INC Improvement Contracts Improvement Projects 2006 287281 8,047 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 287010 7,988 LUBE-TECH & PARTNERS LLC Lubricants & Additives Fleet Operating 287009 7,794 LIFELINE INC EMS Supplies Fire 1029354 7,665 CLAREY'S SAFETY EQUIPMENT Small Tools Fleet Operating 287080 7,660 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 286939 7,491 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store 287131 7,388 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 287246 7,271 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store 287059 7,233 VERIZON WIRELESS Other Contracted Services IT Operating 287258 7,220 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 287366 7,219 OLSEN'S EMBROIDERY/COMPANY Clothing & Uniforms Street Maintenance 287295 7,200 AUTISM SOCIETY OF MINESOTA Tuition Reimbursement/School Police Sworn 287189 7,188 PRAIRIE BLUFFS SENIOR LIVING LLC Deposits General Fund 286931 6,850 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 287248 6,808 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store 287356 6,780 METERING & TECHNOLOGY SOLUTIONS Capital Under $25,000 Water Capital 287240 6,727 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 1029400 6,714 BRAUN INTERTEC CORPORATION Testing CIP Pavement Management 287200 6,636 SOCCER SHOTS Instructor Service Preschool Events 287374 6,500 RIGHTLINE DESIGN LLC Other Contracted Services Communications 1029376 6,481 METROPOLITAN MECHANICAL CONTRACTORS Contract Svcs - HVAC City Center - CAM 1029428 6,280 ST CROIX RECREATION FUN PLAYGRAOUNDS INC Operating Supplies Park Maintenance 287266 6,264 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store 287073 6,092 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 287364 6,082 NAC Contract Svcs - Plumbing City Center - CAM Check #Amount Supplier / Explanation Account Description Business Unit Comments 1029468 6,073 H M CRAGG CO Contract Svcs - Fire/Life/Safe General Community Center 8559 6,038 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits 287068 6,000 POSTAGE BY PHONE RESERVE ACCOUNT Postage Customer Service 287343 5,987 ISG Other Contracted Services Capital Maint. & Reinvestment 287084 5,963 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 287130 5,946 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 287089 5,909 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 287028 5,816 NATIONAL LEAGUE OF CITIES Dues & Subscriptions General Fund 287140 5,697 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 287112 5,681 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 286922 5,535 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store 287247 5,247 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 287135 5,115 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 286904 5,023 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 287336 4,998 HENNEPIN COUNTY TREASURER Other Contracted Services Assessing 287069 4,956 POSTMASTER Postage Community Brochure 287331 4,904 HAMMER COMMUNITY SOLAR LLC Electric Facilities Operating ISF 286888 4,887 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 287034 4,844 POSTMASTER Advertising Prairie View Liquor Store 287330 4,812 GRAYMONT Treatment Chemicals Water Treatment 287286 4,800 ADVANCED ELEMENTS OPERATIONAL TECHNOLOGY Software Utility Operations - General 1029424 4,796 METRO SALES INCORPORATED*Equipment Rentals Utility Operations - General 1029358 4,783 INTEREUM INC Supplies - General Bldg Police (City Cost) 287274 4,689 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 286928 4,591 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 287280 4,559 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 286977 4,515 CORE & MAIN Repair & Maint. Supplies Stormwater Collection 286952 4,508 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 286914 4,472 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store 287344 4,463 I-STATE TRUCK CENTER Equipment Repair & Maint Utility Operations - General 287123 4,394 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 287334 4,371 HEALTHPARTNERS Wages and Benefits 494 Corridor Commission 287315 4,320 DG PORTFOLIO 2019 LLC Electric Facilities Operating ISF 287183 4,294 OLSEN'S EMBROIDERY/COMPANY Clothing & Uniforms Park Maintenance 286967 4,220 BROTHERS FIRE PROTECTION Contract Svcs - Fire/Life/Safe Historical Buildings 1029383 4,175 WALL TRENDS INC Other Contracted Services Senior Center 287064 4,148 XTREME INTEGRATION Capital Under $25,000 Capital Maint. & Reinvestment 287210 4,139 WATERFRONT RESTORATION LLC Other Contracted Services Stormwater Non-Capital 287100 4,093 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store 287230 4,063 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 286998 4,050 HENNEPIN COUNTY MEDICAL CENTER Tuition Reimbursement/School Police Sworn 1029465 4,002 GENUINE PARTS COMPANY Operating Supplies Ice Arena Maintenance 286982 3,983 DEPT OF EMPLOYMENT/ECONOMIC DEVELOPMENT Interest Economic Development Fund 287384 3,960 THYMES TWO INC Contract Svcs - Lawn Maint.Arts Center 286989 3,920 FIRE SAFETY USA INC Equipment Parts Fire 1029430 3,876 TOWMASTER INC Operating Supplies Yard Waste Site 286913 3,873 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 287182 3,847 NORTHSTAR MUDJACKING & MORE LLC Seal Coating Park Maintenance 287167 3,785 HINTERLAND CSG LLC Electric Facilities Operating ISF 287299 3,747 BROTHERS FIRE PROTECTION Contract Svcs - Fire/Life/Safe City Center - CAM 287267 3,720 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 287106 3,696 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 287235 3,662 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 287072 3,649 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 287329 3,590 GOODPOINT TECHNOLOGY INC Other Contracted Services Park Maintenance 287074 3,578 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 287032 3,560 PERFORMANCE COATING SPECIALTIES Other Contracted Services Capital Maint. & Reinvestment 287124 3,528 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store 287063 3,505 WM CORPORATE SERVICES INC Waste Disposal Fire Station #1 1029417 3,505 BIFFS INC Waste Disposal Park Maintenance 287355 3,500 MESSERLI & KRAMER Messerli & Kramer 494 Corridor Commission 287122 3,450 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store 287245 3,430 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 287392 3,366 VERIZON WIRELESS Telephone IT Operating 287223 3,335 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 286896 3,316 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 287296 3,214 AVOLVE SOFTWARE Software IT Capital 287174 3,112 LAW ENFORCEMENT LABOR SERVICES INC.Union Dues Withheld Health and Benefits 287199 3,107 SOBANIA COMMUNITY SOLAR Electric Facilities Operating ISF 287257 3,105 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store 1029484 2,980 WALL TRENDS INC Contract Svcs - General Bldg General Community Center 287396 2,863 XIGENT SOLUTIONS LLC Hardware - R&M IT Operating 1029421 2,840 HAWKINS INC Treatment Chemicals Water Treatment 1029464 2,833 FILTRATION SYSTEMS Supplies - HVAC General Community Center 287224 2,819 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 287322 2,768 EHLERS & ASSOCIATES INC Deposits Economic Development Fund 286940 2,763 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 286946 2,756 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 8553 2,720 INVOICE CLOUD INC Bank and Service Charges Historical Culture 1029416 2,657 VAN PAPER COMPANY Cleaning Supplies General Community Center 287234 2,631 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store 1029382 2,591 USA SECURITY Maintenance Contracts Water Treatment 287218 2,526 LACY, JANICE Other Contracted Services Rehab 287094 2,519 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 287065 2,500 YMCA OF THE NORTH Other Contracted Services Housing and Community Service 287279 2,440 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store 1029384 2,412 WM MUELLER AND SONS INC Asphalt Overlay Wasterwater Collection 287394 2,400 WARNING LITES Signs Traffic Signs 287263 2,365 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 287146 2,351 ADVANTAGE PROPERTY MAINTENANCE INC Landscape Materials/Supp Park Maintenance 287377 2,298 SILVER STAR INDUSTRIES Autos Fleet - Fire 287067 2,275 EDEN PRAIRIE FOUNDATION Deposits Den Road Liquor Store 287300 2,270 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Water Distribution 286960 2,220 AVR INC Asphalt Overlay Capital Maint. & Reinvestment 286950 2,217 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 1029479 2,201 SRF CONSULTING GROUP INC Deposits EP Rd Connect to Flying Cloud 286964 2,100 BIZSTORY.BIZ LLC Other Contracted Services Police Sworn 286890 2,083 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 286941 2,069 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store 1029355 2,032 CUSTOM HOSE TECH Operating Supplies Fleet Operating 1029392 2,024 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 1029463 2,022 ETHANOL PRODUCTS LLC Treatment Chemicals Water Treatment 287268 1,974 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store 287327 1,950 FIRENET SYSTEMS INC Building Repair & Maint.Utility Operations - General Check #Amount Supplier / Explanation Account Description Business Unit Comments 287079 1,946 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 286958 1,935 ARVIG Fiber Lease Payments IT Operating 287186 1,920 PERA Wages and Benefits 494 Corridor Commission 287389 1,800 URBAN SUSTAINABILITY DIRECTORS NETWORK Dues & Subscriptions General Fund 287047 1,797 STATE OF MINNESOTA Autos Fleet - Police 286909 1,789 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 286961 1,719 BADGER METER Telephone Water Metering 287393 1,706 VIDEOTRONIX INC Capital Under $25,000 Capital Maint. & Reinvestment 287023 1,695 MN DEPT OF TRANSPORTATION Equipment Repair & Maint Traffic Signals 287164 1,660 FIRE SAFETY USA INC Protective Clothing Fleet Operating 287033 1,650 PETERSON COUNSELING AND CONSULTING Other Contracted Services Police Sworn 287354 1,650 MARTIN-MCALLISTER Employment Support Test Organizational Services 287128 1,642 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 287193 1,639 RED WING BUSINESS ADVANTAGE ACCOUNT Clothing & Uniforms Park Maintenance 1029375 1,635 METRO SALES INCORPORATED*Printing/Copying 494 Corridor Commission 287285 1,625 ACTIVE 911 INC Software Maintenance IT Operating 287037 1,621 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits 287120 1,604 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 1029460 1,586 WSB & ASSOCIATES INC Design & Engineering Economic Development Fund 287283 1,517 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 286994 1,509 GIRARD'S BUSINESS SOLUTIONS INC Equipment Repair & Maint Customer Service 287288 1,500 ALSDURF LORI Other Contracted Services Winter Theatre 1029347 1,492 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store 287002 1,438 JOHNSTONE SUPPLY Supplies - HVAC Fire Station #1 286901 1,436 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 287003 1,434 KLEIN UNDERGROUND LLC Equipment Repair & Maint Stormwater Collection 287126 1,429 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store 287027 1,414 NAC Contract Svcs - Plumbing General Community Center 1029450 1,411 FASTENAL COMPANY Operating Supplies Fleet Operating 287173 1,398 LAKETOWN ELECTRIC CORPORATION Design & Engineering Economic Development Fund 287216 1,382 YORKTOWN OFFICES Rent 494 Corridor Commission 287041 1,375 SIGN SOLUTIONS USA Signs Park Maintenance 287017 1,365 MHSRC/RANGE Tuition Reimbursement/School Police Sworn 287154 1,364 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Stormwater Collection 1029441 1,359 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 287243 1,347 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 1029452 1,334 LYNDALE PLANT SERVICES Contract Svcs - Int. Landscape City Hall (City Cost) 287159 1,325 DALCO Janitor Service City Center - CAM 287057 1,305 US BANK Interest Investment Fund 287026 1,295 MUNICODE Other Contracted Services Records Management 286885 1,290 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 287381 1,280 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 287190 1,275 PRECISE MRM LLC Other Contracted Services Snow & Ice Control 287225 1,263 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 287103 1,262 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 1029346 1,252 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 287077 1,250 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 287101 1,240 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 287211 1,236 WIESE USA Equipment Testing/Cert.Fleet Operating 287070 1,229 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 287221 1,211 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 1029451 1,204 GOPHER STATE ONE-CALL Other Contracted Services Water Distribution Check #Amount Supplier / Explanation Account Description Business Unit Comments 286919 1,203 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 287325 1,200 FAIRWAY WOODS CONDOMINIUM ASSOCIATION Rebates Stormwater Non-Capital 287332 1,200 HAYEN, LINDA Other Contracted Services Theatre Initiative 1029402 1,199 CONCRETE CUTTING AND CORING Safety Supplies Tree Disease 287290 1,188 ANDERSON STEWART Rebates Stormwater Non-Capital 287147 1,167 AIRGAS USA LLC Supplies - Pool Pool Maintenance 1029462 1,148 ELECTRIC PUMP Equipment Repair & Maint Wastewater Lift Station 287172 1,129 LAKE COUNTRY DOOR LLC Contract Svcs - General Bldg Maintenance Facility 1029443 1,124 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store 287207 1,088 UNIVERSAL ATHLETIC SERVICES INC Clothing & Uniforms Youth Programs Admin 287012 1,083 MARCO INC Hardware - R&M IT Operating 286969 1,071 CENTURYLINK Internet Riley Lake 1029388 1,066 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 287369 1,050 PAPCO INC Janitor Service General Community Center 287320 1,036 EDEN PRAIRIE SCHEELS Clothing & Uniforms Utility Operations - General 1029394 1,027 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store 1029436 1,026 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 1029396 1,021 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 1029350 1,007 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 287318 1,000 EDEN PRAIRIE COMMUNITY EDUCATION Instructor Service Senior Center Programs 1029352 997 ASSOCIATED BAG COMPANY Operating Supplies Inspections-Administration 1029361 987 KRISS PREMIUM PRODUCTS INC Repair & Maint - Ice Rink Ice Arena Maintenance 287162 978 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 1029343 973 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store 1029466 969 GRAINGER Cleaning Supplies Utility Operations - General 287185 966 PAPCO INC Janitor Service General Community Center 287134 960 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store 287305 945 COMMERCIAL ASPHALT CO Asphalt Overlay Stormwater Collection 286934 941 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 287143 938 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 1029449 930 BERKBIGLER, RIK Conference/Training Fire 287289 929 ALTERNATIVE BUSINESS FURNITURE INC Contract Svcs - General Bldg General Community Center 287110 924 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store 287287 922 AIRGAS USA LLC Supplies - Pool Fire 287045 913 STAPLES ADVANTAGE Office Supplies Utility Operations - General 287376 905 SCHLOMKA SERVICES LLC Contract Svcs - Plumbing City Center - CAM 287252 904 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 287340 897 INTERTECH INC Contract Development IT Operating 287169 889 IDN-H. HOFFMAN, INC Supplies - General Bldg General Community Center 1029440 888 VINOCOPIA Liquor Product Received Den Road Liquor Store 287335 880 HENNEPIN COUNTY I/T DEPT Equipment Repair & Maint IT Operating 287092 875 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 287166 872 GREAT LAKES COCA-COLA DISTRIBUTION Merchandise for Resale Concessions 287184 866 PAFFY'S PEST CONTROL Contract Svcs - Pest Control Den Bldg. - CAM 1029360 856 JOHNSTONE SUPPLY Supplies - HVAC General Community Center 286893 855 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 287144 849 WINEBOW Liquor Product Received Prairie View Liquor Store 1029425 847 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 1029472 842 MENARDS Repair & Maint. Supplies Round Lake 286906 839 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 286937 833 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 1029389 822 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 287212 820 WM CORPORATE SERVICES INC Waste Disposal Den Bldg. - CAM 287111 816 PEQUOD DISTRIBUTION Liquor Product Received Den Road Liquor Store 8550 800 AMERICAN EXPRESS Bank and Service Charges Inspections-Administration 287053 800 THE ADVENT GROUP Temp 494 Corridor Commission 287203 800 SUBURBAN WILDLIFE CONTROL INC Equipment Repair & Maint Stormwater Collection 286966 797 BOUND TREE MEDICAL LLC EMS Supplies Fire 287357 794 MIDAS Equipment Repair & Maint Fleet Operating 287181 788 NATIONAL MARTIAL ARTS ASSOCIATION, INC Instructor Service Lesson Skills Development 286997 786 HEALTHPARTNERS OCCUPATIONAL MEDICINE Employment Support Test Organizational Services 287188 782 POLLARD WATER Repair & Maint. Supplies Water Distribution 286927 771 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store 1029469 770 INTERSTATE POWER SYSTEMS INC Equipment Repair & Maint Wastewater Lift Station 287383 760 THE ADVENT GROUP Temp 494 Corridor Commission 287346 756 JOHN HENRY FOSTER MINNESOTA INC Maintenance Contracts Water Treatment 287055 750 TREEHOUSE Other Contracted Services Housing and Community Service 287349 750 KRAFT MATTHEW E Other Contracted Services Winter Theatre 1029378 749 PRAIRIE ELECTRIC COMPANY Equipment Repair & Maint Fire Station #1 1029457 748 OUTDOOR ENVIRONMENTS INC Other Contracted Services Pleasant Hill Cemetery 287075 738 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store 287397 737 ZOLL MEDICAL CORPORATION EMS Supplies Fire 287206 720 THE ADVENT GROUP Temp 494 Corridor Commission 287306 720 COMPAS Instructor Service Outreach 1029446 711 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 1029398 708 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store 286916 694 DOMACE VINO Liquor Product Received Den Road Liquor Store 1029391 693 VINOCOPIA Liquor Product Received Den Road Liquor Store 1029395 693 VINOCOPIA Liquor Product Received Prairie View Liquor Store 287192 691 PRINCIPAL FINANCIAL GROUP Wages and Benefits 494 Corridor Commission 287345 688 J H LARSON COMPANY Supplies - Electrical General Community Center 287228 686 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 287249 666 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 286951 658 PRYES BREWING COMPANY Liquor Product Received Prairie View Liquor Store 287312 650 D H EXCAVATING Other Contracted Services Pleasant Hill Cemetery 287083 640 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store 1029453 635 METROPOLITAN FORD Equipment Repair & Maint Fleet Operating 8546 624 ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits 8563 624 ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits 287272 624 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 287187 620 PETROCHOICE Lubricants & Additives Fleet Operating 287108 602 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store 287119 600 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 286988 600 F I R E Training Fire 1029351 598 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store 287175 595 LEIFELD FRAMING Operating Supplies Police Sworn 286899 591 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store 287217 587 CARTER CUSTOM CONSTRUCTION & FIREPLACES Mechanical Permits General Fund 287292 586 ARAMARK Janitor Service Prairie View Liquor Store 286889 576 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 287132 570 MAVERICK WINE LLC Liquor Product Received Prairie View Liquor Store 287171 568 JOHNSTONE SUPPLY Supplies - HVAC City Center - CAM 287264 567 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 8542 559 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating Check #Amount Supplier / Explanation Account Description Business Unit Comments 287179 550 MINNESOTA STATE FIRE DEPT ASSN Dues & Sub-Memberships General Fund 1029420 541 GRAINGER Repair & Maint. Supplies Water Treatment 286974 534 COMMERCIAL ASPHALT CO Asphalt Overlay Wasterwater Collection 1029377 533 MINNESOTA EQUIPMENT Equipment Parts Fleet Operating 287270 533 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Prairie View Liquor Store 286929 532 PRYES BREWING COMPANY Liquor Product Received Den Road Liquor Store 1029435 529 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 1029399 527 AMERICAN ENGINEERING TESTING INC Other Contracted Services CIP Trails 287145 521 ACTIVAR PLASTIC PRODUCTS GROUP INC Repair & Maint. Supplies Water Treatment 287058 518 VALLEY RICH CO INC Improvement Contracts Stormwater Capital 287051 513 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 287168 510 HUHNER SHERAN AR Utility Water Enterprise Fund 1029387 510 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 286990 507 FIRST STATE TIRE RECYCLING Waste Disposal Fleet Operating 1029432 506 VISTAR CORPORATION Merchandise for Resale Concessions 287347 500 KNUTSON NICHOLAS Other Contracted Services TIF-Elevate Apts 287321 499 EDUCATION AND TRAINING SERVICES Conference/Training Utility Operations - General 1029485 497 WM MUELLER AND SONS INC Asphalt Overlay Stormwater Collection 1029437 490 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store 1029442 490 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store 1029447 490 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store 287386 486 TOTAL ALIGNMENT SERVICES Equipment Testing/Cert.Fleet Operating 287202 485 STAPLES ADVANTAGE Office Supplies Customer Service 1029345 485 VINOCOPIA Liquor Product Received Den Road Liquor Store 287113 483 PRYES BREWING COMPANY Liquor Product Received Den Road Liquor Store 1029404 478 HACH COMPANY Laboratory Chemicals Water Treatment 286954 478 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 287102 476 DOMACE VINO Liquor Product Received Den Road Liquor Store 287353 473 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Operating 286949 464 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store 287000 463 J H LARSON COMPANY Supplies - Electrical City Center - CAM 287196 455 SEJKORA PATRICK Mileage & Parking Stormwater Non-Capital 287352 455 LUX, EMILY LOUISE Other Contracted Services Winter Theatre 1029349 442 VINOCOPIA Liquor Product Received Prairie View Liquor Store 1029369 436 ASPEN WASTE SYSTEMS INC.Waste Disposal Utility Operations - General 287082 436 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 287308 435 CORPORATE TECHNOLOGIES Computers 494 Corridor Commission 287365 434 NUSS TRUCK GROUP INC Equipment Parts Fleet Operating 287093 433 WINEBOW Liquor Product Received Prairie Village Liquor Store 286921 420 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 1029456 417 OLSEN CHAIN & CABLE Equipment Parts Round Lake 1029477 414 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating 287018 410 MIDWEST AQUA CARE INC Other Contracted Services Riley Lake 287085 408 PRYES BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 287136 408 PRYES BREWING COMPANY Liquor Product Received Prairie View Liquor Store 1029372 408 GRAINGER Repair & Maint. Supplies Utility Operations - General 286959 405 ASPEN MILLS Clothing & Uniforms Fire 286993 400 GILES OUTDOOR SERVICES LLC Other Rentals Park Maintenance 1029409 398 MINNESOTA CLAY CO. USA Operating Supplies Arts Center 286911 398 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store 287129 392 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 287213 389 EDEN PRAIRIE CENTER LLC Building Rental CDBG - Public Service Check #Amount Supplier / Explanation Account Description Business Unit Comments 286898 389 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 287170 385 I-STATE TRUCK CENTER Equipment Repair & Maint Wastewater Lift Station 286902 383 PRYES BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 286925 381 MEGA BEER Liquor Product Received Den Road Liquor Store 287118 376 UNMAPPED BREWING CO Liquor Product Received Den Road Liquor Store 286924 375 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store 287316 375 DIETHELM, TAMMY L Other Contracted Services Pleasant Hill Cemetery 1029475 370 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical Fire Station #4 1029359 368 IRMITER, JESSE Tuition Reimbursement/School Police Sworn 286918 357 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store 286938 353 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store 287095 352 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store 287176 347 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Operating 287155 346 CENTURYLINK Telephone IT Operating 287062 346 WIESE USA Contract Svcs - General Bldg City Center - CAM 1029341 344 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 287087 341 SAINT CROIX VINEYARDS, INC.Liquor Product Received Prairie Village Liquor Store 287115 341 SAINT CROIX VINEYARDS, INC.Liquor Product Received Den Road Liquor Store 287138 341 SAINT CROIX VINEYARDS, INC.Liquor Product Received Prairie View Liquor Store 287163 338 EHLERS & ASSOCIATES INC Other Contracted Services TIF-Trail Point Ridge 287038 337 RDO EQUIPMENT CO Equipment Parts Fleet Operating 1029448 330 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store 287109 329 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store 287125 328 CARLOS CREEK WINERY Liquor Product Received Prairie View Liquor Store 287317 327 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 287313 325 DAHLEN CAROL AR Utility Water Enterprise Fund 286996 323 GYM WORKS Health & Fitness Fire 286968 322 BTR OF MINNESOTA Equipment Parts Fleet Operating 1029431 320 TWIN CITY SEED CO Repair & Maint. Supplies Stormwater Collection 287060 318 WATER CONSERVATION SERVICES INC Other Contracted Services Water Distribution 287307 314 CORE & MAIN Repair & Maint. Supplies Stormwater Collection 286942 310 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Prairie View Liquor Store 1029374 309 MENARDS Repair & Maint. Supplies Fire Station #2 287367 306 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire 286915 306 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 1029445 302 VINOCOPIA Liquor Product Received Prairie View Liquor Store 287291 300 ANDERSON TIMOTHY Other Contracted Services Winter Theatre 287361 300 MN COMMERCIAL ASSOCIATION OF REAL ESTATE Other Contracted Services CIP - Leasing Costs 287071 300 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store 286945 298 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 286943 297 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 287382 294 TBEI INC Equipment Parts Fleet Operating 287226 281 DOMACE VINO Liquor Product Received Prairie Village Liquor Store 287052 280 SYVERTSEN AMY P&R Refunds Community Center Admin 1029427 280 SPS COMPANIES Supplies - Pool Park Shelters 287301 278 CENTURYLINK Telephone E-911 Program 287005 276 LANO EQUIPMENT INC Equipment Parts Fleet Operating 287388 276 UNIVERSAL ATHLETIC LLC Clothing & Uniforms Athletic Programs Admin 287161 275 DELTA DENTAL Wages and Benefits 494 Corridor Commission 286900 274 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store 287091 274 UNMAPPED BREWING CO Liquor Product Received Prairie Village Liquor Store 286892 269 DOMACE VINO Liquor Product Received Prairie Village Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 1029458 266 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 287040 266 SCHRAM SCOTT Mileage & Parking Utility Operations - General 287086 262 ROOTSTOCK WINE COMPANY Liquor Product Received Prairie Village Liquor Store 1029363 261 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 286955 255 WINEBOW Liquor Product Received Prairie View Liquor Store 287256 251 MEGA BEER Liquor Product Received Den Road Liquor Store 287277 251 MEGA BEER Liquor Product Received Prairie View Liquor Store 1029366 250 SITEONE LANDSCAPE SUPPLY, LLC Repair & Maint. Supplies Crestwood Park 287039 250 RICHFIELD CHAMBER OF COMMERCE Chamber of Commerce 494 Corridor Commission 1029342 250 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 287191 248 PRESCRIPTION LANDSCAPE Contract Svcs - Lawn Maint.Building 51 286983 247 DIRECTV Cable TV Community Center Admin 287250 243 DOMACE VINO Liquor Product Received Den Road Liquor Store 287142 239 UNMAPPED BREWING CO Liquor Product Received Prairie View Liquor Store 8552 239 OPTUM HEALTH Other Contracted Services Health and Benefits 286926 238 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store 287222 235 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store 286948 233 MAVERICK WINE LLC Liquor Product Received Prairie View Liquor Store 1029423 230 MENARDS Operating Supplies Park Maintenance 287387 229 TRANSUNION RISK & ALTERNATIVE DATA Other Contracted Services Police Sworn 287014 223 MATTS AUTO SERVICE INC Equipment Repair & Maint Fleet Operating 287385 223 TIMESAVER OFF SITE SECRETARIAL INC Other Contracted Services City Council 287019 222 MINNESOTA CITY/COUNTY MANAGEMENT ASSOCIA Dues & Subscriptions Administration 287066 221 ZOLL MEDICAL CORPORATION EMS Supplies-AED Fire 287137 220 ROOTSTOCK WINE COMPANY Liquor Product Received Prairie View Liquor Store 287201 216 ST CROIX LINEN LLC Operating Supplies-Linens Fire 287220 214 56 BREWING LLC Liquor Product Received Prairie Village Liquor Store 287297 210 BARNUM GATE SERVICES INC Equipment Repair & Maint Water Treatment 287236 210 PLASTIC BAG MART Liquor Product Received Prairie Village Liquor Store 287339 209 INDIGO SIGNWORKS, INC.Advertising City Council 287284 207 ACTIVAR PLASTIC PRODUCTS GROUP INC Repair & Maint. Supplies Water Treatment 287372 207 RED WING BUSINESS ADVANTAGE ACCOUNT Clothing & Uniforms Fleet Operating 287242 205 UNMAPPED BREWING CO Liquor Product Received Prairie Village Liquor Store 287081 202 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store 287151 200 BECKER ARENA PRODUCTS INC Repair & Maint - Ice Rink Ice Arena Maintenance 1029433 199 XCEL ENERGY Electric Traffic Signals 287241 198 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store 287031 196 PAPCO INC Janitor Service General Community Center 287255 195 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store 1029481 195 TEE JAY NORTH INC Other Contracted Services Den Road Liquor Store 286992 194 FRISWOLD STEVE P&R Refunds Community Center Admin 1029364 190 R & R SPECIALTIES OF WISCONSIN INC Repair & Maint - Ice Rink Ice Arena Maintenance 287121 190 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store 286972 190 COMCAST Internet IT Operating 286905 189 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store 1029413 188 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 1029397 186 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store 287375 185 SAM CARBIS SOLUTIONS GROUP, LLC Equipment Repair & Maint Fire 1029476 185 PREMIUM WATERS INC Operating Supplies - Water Fire 286887 182 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store 287008 181 LENNOX INDUSTRIES INC.Supplies - General Bldg City Center - CAM 286886 180 BERGMAN LEDGE LLC Liquor Product Received Prairie Village Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 286910 180 BERGMAN LEDGE LLC Liquor Product Received Den Road Liquor Store 286935 180 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 287178 180 MINNESOTA BD OF PEACE OFFICER STANDARDS Dues & Subscriptions Police Sworn 287195 180 ROCK HARD LANDSCAPE Operating Supplies Street Maintenance 1029356 180 FASTENAL COMPANY Operating Supplies Fleet Operating 287148 179 AQUA LOGIC INC Supplies - Pool Pool Maintenance 1029357 178 HIRSHFIELD'S Operating Supplies Park Maintenance 287319 178 EDEN PRAIRIE LIONS CLUB Accounts Receivable Prairie Village Liquor Store 287371 178 PILGRIM DRY CLEANERS INC Clothing & Uniforms Fire 8557 178 VANCO SERVICES Bank and Service Charges Wastewater Accounting 287150 175 AZTEC BP Equipment Repair & Maint Police Sworn 287337 168 HENNEPIN COUNTY TREASURER Software Maintenance IT Operating 1029348 165 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store 287096 164 BOOM ISLAND BREWING COMPANY Liquor Product Received Den Road Liquor Store 287097 162 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store 286907 161 56 BREWING LLC Liquor Product Received Den Road Liquor Store 287271 160 HEADFLYER BREWING Liquor Product Received Prairie View Liquor Store 287351 160 LOES OIL COMPANY Waste Disposal Fleet Operating 287127 159 DOMACE VINO Liquor Product Received Prairie View Liquor Store 1029438 157 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store 286930 156 SHAKOPEE BREWHALL Liquor Product Received Den Road Liquor Store 286932 152 STARRY EYED BREWING LLC Liquor Product Received Den Road Liquor Store 286933 150 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store 287233 150 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store 1029483 150 USA SECURITY Maintenance Contracts Water Treatment 287049 150 SUBURBAN CHEVROLET Equipment Repair & Maint Fleet Operating 287105 148 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 287237 148 PRYES BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 287076 147 DOMACE VINO Liquor Product Received Prairie Village Liquor Store 287061 145 WAYNES HOME SERVICES Contract Svcs - General Bldg Dunn Brothers 286953 144 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store 286895 140 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 286957 140 ARAMARK Janitor Service Prairie View Liquor Store 287262 138 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store 287273 138 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store 287157 138 COMCAST Cable TV Fire 287036 137 PROP - PR Charitable Contributions Health and Benefits 1029412 136 PROSOURCE SUPPLY Supplies - General Bldg General Community Center 287244 136 56 BREWING LLC Liquor Product Received Den Road Liquor Store 287265 136 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store 286979 134 CORPORATE TECHNOLOGIES Computers 494 Corridor Commission 287229 134 INBOUND BREW CO Liquor Product Received Prairie Village Liquor Store 1029403 132 FASTENAL COMPANY Operating Supplies Fleet Operating 286891 131 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store 287042 130 SNAP-ON TOOLS Small Tools Fleet Operating 287232 130 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 287276 130 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store 287238 130 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie Village Liquor Store 287029 129 OPPIDAN INC Deposits General Fund 287282 129 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store 287278 126 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store 1029419 124 ECM PUBLISHERS INC Legal Notices Publishing City Clerk Check #Amount Supplier / Explanation Account Description Business Unit Comments 287380 123 STAPLES ADVANTAGE Office Supplies Customer Service 287358 123 MINNESOTA AIR INC Supplies - HVAC Maintenance Facility 287204 122 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 287133 121 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store 286908 120 ARBEITER BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 287360 120 MINNESOTA SECRETARY OF STATE - NOTARY Licenses, Taxes, Fees Police Sworn 1029362 120 METROPOLITAN FORD Equipment Repair & Maint Fleet Operating 287251 118 HEADFLYER BREWING Liquor Product Received Den Road Liquor Store 1029393 114 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store 286920 113 INBOUND BREW CO Liquor Product Received Den Road Liquor Store 1029390 113 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store 287269 111 DOMACE VINO Liquor Product Received Prairie View Liquor Store 287013 110 MARIE RIDGEWAY LICSW LLC Other Contracted Services Police Sworn 287227 110 HEADFLYER BREWING Liquor Product Received Prairie Village Liquor Store 287260 109 SMALL LOT MN Liquor Product Received Den Road Liquor Store 286903 108 SHAKOPEE BREWHALL Liquor Product Received Prairie Village Liquor Store 287090 108 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store 287114 108 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store 1029386 105 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store 286975 105 COMMUNITY HEALTH CHARITIES OF MINNESOTA Charitable Contributions Health and Benefits 287022 104 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 286973 103 COMCAST Cable TV Fire 1029401 102 CARLSTON, BRANDON Canine Supplies Police Sworn 1029439 102 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store 1029426 101 SHERWIN WILLIAMS CO Supplies - General Bldg Cummins Grill House 287309 101 CRYSTEEL TRUCK EQUIPMENT Equipment Parts Fleet Operating 287078 100 INBOUND BREW CO Liquor Product Received Prairie Village Liquor Store 287141 99 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store 287259 98 PRYES BREWING COMPANY Liquor Product Received Den Road Liquor Store 1029379 96 SPS COMPANIES Supplies - Plumbing General Community Center 286944 96 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store 1029429 95 TESSCO INC Equipment Repair & Maint Public Safety Communications 287117 93 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store 1029365 93 ROCKEY, JOSH Mileage & Parking Senior Center Admin 286894 92 INBOUND BREW CO Liquor Product Received Prairie Village Liquor Store 287302 86 COMCAST Cable TV Fire 286976 86 COOK BRIAN AR Utility Water Enterprise Fund 287088 85 SMALL LOT MN Liquor Product Received Prairie Village Liquor Store 287139 85 SMALL LOT MN Liquor Product Received Prairie View Liquor Store 287024 84 MR CUTTING EDGE Contract Svcs - Ice Rink Ice Arena Maintenance 287363 84 MR CUTTING EDGE Contract Svcs - Ice Rink Ice Arena Maintenance 287160 81 DAYROBB BATTERIES PLUS Equipment Repair & Maint Public Safety Communications 1029422 78 KUSTOM SIGNALS INC Equipment Repair & Maint Police Sworn 287153 77 BROADWAY AWARDS Operating Supplies-Award/Retir Fire 287324 76 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Equipment Parts Fleet Operating 1029370 75 CITI-CARGO & STORAGE CO, INC Other Rentals Eden Prairie Players 1029340 75 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store 287379 72 ST CROIX LINEN LLC Operating Supplies-Linens Fire 8554 71 MONEY MOVERS INC Other Contracted Services Community Center Admin 286917 71 FAT PANTS BREWING CO LLC Liquor Product Received Den Road Liquor Store 287030 70 PANERU KHAREL HIMA P&R Refunds Community Center Admin 8558 70 PAYCHEX Payroll Admin. Fees 494 Corridor Commission Check #Amount Supplier / Explanation Account Description Business Unit Comments 287303 69 COMCAST Cable TV Fire 286884 68 56 BREWING LLC Liquor Product Received Prairie Village Liquor Store 1029353 68 BOSACKER MIKE Mileage & Parking Police Sworn 1029408 68 METROPOLITAN FORD Equipment Parts Fleet Operating 286963 67 BERRETT ROBERT AR Utility Water Enterprise Fund 1029414 67 R & R SPECIALTIES OF WISCONSIN INC Repair & Maint - Ice Rink Ice Arena Maintenance 287205 65 TBEI INC Equipment Parts Fleet Operating 1029444 64 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store 287368 63 PAFFY'S PEST CONTROL Contract Svcs - Pest Control Arts Center 286991 62 FREITAG LARRY AR Utility Water Enterprise Fund 287239 60 SHAKOPEE BREWHALL Liquor Product Received Prairie Village Liquor Store 286981 60 DEPARTMENT OF PUBLIC SAFETY Licenses, Taxes, Fees Prairie View Liquor Store 287177 60 MEN YEM Deferred Revenue General Fund 1029410 60 MPX GROUP, THE Printing Police Sworn 286970 55 COMCAST Cable TV Fire 287328 53 GOMELSKY ANNA P&R Refunds Community Center Admin 287359 52 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 287304 50 COMCAST Internet IT Operating 286962 50 BAVOSO JOHN Other Contracted Services Eden Prairie Players 287021 50 MINNESOTA FIRE SERVICE CERTIFICATION BOA Dues & Sub-Cert & Licensing Fire 287054 50 THURKETTLE NICHOLAS Other Contracted Services Eden Prairie Players 1029454 50 MPX GROUP, THE Printing Police Sworn 286936 48 56 BREWING LLC Liquor Product Received Prairie View Liquor Store 287104 46 INBOUND BREW CO Liquor Product Received Den Road Liquor Store 1029344 45 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store 1029381 45 UPS Postage Planning 1029405 44 LEONARD, MICHELLE Outreach Mileage/Parking 494 Corridor Commission 1029407 44 MEREDITH KATE Outreach Mileage/Parking 494 Corridor Commission 1029373 44 HORIZON COMMERCIAL POOL SUPPLY Supplies - Pool Pool Maintenance 1029478 42 SPRINT Cell/Pager Plans IT Operating 1029434 39 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store 287050 39 SULLIVAN KATHLEEN P&R Refunds Community Center Admin 287338 35 IEDITWEB INC Contract Svcs - Garden Rm/Caf.Garden Room Repairs 1029455 35 NESSLER STEVEN Clothing & Uniforms Police Sworn 1029411 33 NELSON, ROBIN Outreach Mileage/Parking 494 Corridor Commission 287362 33 MOTOROLA SOLUTIONS INC Equipment Repair & Maint Public Safety Communications 286956 30 ACTIVAR PLASTIC PRODUCTS GROUP INC Repair & Maint. Supplies Water Treatment 287310 30 CUB FOODS EDEN PRAIRIE Operating Supplies Volunteers 287298 25 BOUND TREE MEDICAL LLC EMS Supplies Fire 287149 25 ASSURED SECURITY Other Contracted Services Prairie Village Liquor Store 287007 25 LEAGUE OF MINNESOTA CITIES Conference/Training Human Resources 287314 25 DAYROBB BATTERIES PLUS Operating Supplies Traffic Signs 1029459 24 TOLL GAS AND WELDING SUPPLY Repair & Maint. Supplies Wasterwater Collection 287293 24 ASPEN MILLS Postage Fire 287020 23 MINNESOTA DEPT OF HEALTH Licenses, Taxes, Fees Utility Operations - General 286980 23 DELF KRISTIN P&R Refunds Community Center Admin 287198 23 SNAP-ON TOOLS Small Tools Fleet Operating 287342 21 ISD 271 LEARNING EXCHANGE Printing Therapeutic Rec Admin 287156 20 CHRIS CASTLE INC Phone/Data/Web 494 Corridor Commission 1029415 20 STAAF, CARTER Clothing & Uniforms Police Sworn 1029367 20 SPOK, INC.Cell/Pager Plans IT Operating 287056 19 UNITED WAY Charitable Contributions Health and Benefits Check #Amount Supplier / Explanation Account Description Business Unit Comments 1029482 18 UPS Postage Den Road Liquor Store 287197 17 SHRED RIGHT Waste Disposal General Community Center 286985 17 EDEN PRAIRIE CRIME PREVENTION FUND Charitable Contributions Health and Benefits 287333 16 HAYEN, LINDA Other Contracted Services Theatre Initiative 287048 14 STATE OF MINNESOTA Licenses, Taxes, Fees Fleet Operating 8551 12 NCR PAYMENT SOLUTIONS,PA, LLC Bank and Service Charges Liquor Store Delivery 287025 12 MULTIHOUSING CREDIT CONTROL Other Contracted Services Police Sworn 287350 11 LADYBUG INVESTMENTS LLC Rental License Housing Inspections 287158 10 CULLIGAN BOTTLED WATER Corridor Comm. Misc 494 Corridor Commission 287311 10 CULLIGAN BOTTLED WATER Corridor Comm. Misc 494 Corridor Commission 1029406 10 MADISON, MELISSA Outreach Mileage/Parking 494 Corridor Commission 287180 10 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Creek Woods 287219 7 REGISTRATION FEE TRUST Miscellaneous Organizational Services 286986 5 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits 286971 4 COMCAST Other Contracted Services Police Sworn 4,903,834 Grand Total