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HomeMy WebLinkAboutCity Council - 08/16/2022AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, AUGUST 16, 2022 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 Maggie Neuville I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS / PRESENTATIONS A. HENNEPIN TECHNICAL COLLEGE PROCLAMATION B. ACCEPT CONTRIBUTION FOR MOVIES IN THE PARK FROM DENTAL SPECIALISTS ORTHODONTICS (Resolution) C. ACCEPT CONTRIBUTION FOR ARTS IN THE PARK FROM HEALTHY KIDS RUNNING SERIES (Resolution) V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, JULY 12, 2022 B. CITY COUNCIL MEETING HELD TUESDAY, JULY 12, 2022 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. TRICAM INDUSTRIES by Plan Force Group. Second Reading of Ordinance for Planned Unit Development Amendment on 3.24 acres, Resolution for Site Plan Review on 3.24 acres (Ordinance for PUD District Amendment, Resolution for Site Plan Review, Development Agreement) CITY COUNCIL AGENDA August 16, 2022 Page 2 B. ADOPT RESOLUTION APPROVING PARTICIPATION OF HENNEPIN COUNTY HOUSING AND REDEVELOPMENT AUTHORITY (HCHRA) IN EDEN PRAIRIE AFFORDABLE HOUSING PROJECTS C. DECLARE OBSOLETE COMPUTER EQUIPMENT AS SURPLUS D. ADOPT RESOLUTION GRANTING COMCAST OF ARKANSAS/FLORIDA/LOUISIANA/MINNESOTA/MISSISSIPPI/TENNESSEE, INC., A CABLE TELEVISION FRANCHISE EXTENSION E. AWARD CONTRACT TO SURFACE PROS TO SEAL FIRE 1 APPARATUS BAY FLOOR WITH A QUARTZ POLYUREA COATING F. AUTHORIZE PURCHASE OF MILLER PARK LIGHTING EQUIPMENT FROM MUSCO LIGHTING G. APPROVE CONTRACT WITH DE NORA WATER TECHNOLOGIES, LLC, FOR CHLORINE SCRUBBER MAINTENANCE H. AWARD CONTRACT FOR TRAFFIC SIGNAL EQUIPMENT, CONNECTIVITY, AND SUPPORT TO TRAFFIC CONTROL CORPORATION I. AUTHORIZE PURCHASE AND UPFITTING OF TWO POLICE VEHICLES FROM GUARDIAN FLEET SAFETY J. APPROVE SECOND AMENDMENT TO LEASE AND SOLAR EASEMENT; MEMORANDUM OF LEASE AND SOLAR EASEMENT FOR COMMUNITY CENTER SOLAR GARDEN PROJECT K. RECEIVE PETITION FOR PUBLIC IMPROVEMENTS ON WILLOW CREEK ROAD IMPROVEMENTS L. APPROVE CHANGE ORDER NO. 1 WITH VALLEY PAVING, INC. FOR 2022 PAVEMENT MANAGEMENT PROJECT M. APPROVE AGREEMENT WITH VAISALA INC. FOR PURCHASE AND INSTALLATION OF ROAD AND WEATHER INFORMATION STATION IX. PUBLIC HEARINGS / MEETINGS A. EDEN PRAIRIE MULTIFAMILY by Ryan Companies. Resolution for Guide Plan Change from Office to Medium Density Residential on 7.01 acres, Resolution for Planned Unit Development Concept Review on 7.01 acres, First Reading of Ordinance for Planned Unit Development District Review with waivers and Zoning Change from Rural to RM-2.5 on 7.01 acres, Resolution for Preliminary Plat, Resolution for Findings of Fact in Support of Park Dedication Fees (Resolution for CITY COUNCIL AGENDA August 16, 2022 Page 3 Guide Plan Change, Resolution for PUD Concept Review, Ordinance for PUD District Review and Zoning Change, Resolution for Preliminary Plat, Resolution for Findings of Fact in Support of Park Dedication Fees) B. 2021 CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS A. FIRST AND SECOND READING OF ORDINANCE AMENDING CITY CODE CHAPTER 5 BY ADOPTING A NEW SECTION 5.79 RELATING TO EDIBLE THC PRODUCTS AND RESOLUTION APPROVING SUMMARY ORDINANCE FOR PUBLICATION XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT ITEM IV.A. Proclamation City of Eden Prairie Hennepin County, Minnesota WHEREAS, founded as Suburban Hennepin County Area Vocational Technical Centers in 1972, Hennepin Technical College has become the largest stand-alone technical college in Minnesota offering more than 45 programs in the skilled trades and career fields; and WHEREAS, Hennepin Tech has provided educational opportunities and workforce development training to thousands of credit and non-credit students for five decades to the citizens of Brooklyn Park, Eden Prairie, the Twin Cities metro area, the State of Minnesota and beyond; and WHEREAS, the college has been recognized nationally for excellence in providing an affordable, industry-aligned education that prepares students for high-demand, high-wage careers; and WHEREAS, Hennepin Tech partners with industry and employers to produce an impeccably trained and skilled workforce that strengthens the economic vitality of our communities and state; and WHEREAS, the college’s commitment to its students’ pursuit of career and technical educations expands economic opportunity and equity for underserved individuals and marginalized communities; and WHEREAS, this academic year marks the 50th anniversary of Hennepin Tech – an important milestone for this regional asset that has continued to thrive throughout the decades. NOW, THEREFORE, I, Ron Case, Mayor of Eden Prairie, Minnesota, do hereby proclaim September 1, 2022 as: HENNEPIN TECHNICAL COLLEGE DAY IN EDEN PRAIRIE _________________________ Ronald A. Case, Mayor CITY COUNCIL AGENDA SECTION: Proclamations / Presentations DATE: August 16, 2022 DEPARTMENT/DIVISION: Jay Lotthammer, Director, Parks and Recreation ITEM DESCRIPTION: Donation for Movies in the Park ITEM NO.: IV.B. Requested Action Move to: Adopt the Resolution accepting the contribution in the amount of $250 for Movies in the Park from The Dental Specialists Orthodontics. Synopsis Each August, Eden Prairie residents can enjoy a series of free Friday night movies at the Staring Lake Amphitheater. Each movie is preceded by live entertainment, and the series features older classics as well as recent releases projected onto a large inflatable screen. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2022- __ RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City in the amount of $250 for Movies in the Park from The Dental Specialist Orthodontics is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 16th day of August, 2022. _______________________ Ronald A. Case, Mayor ATTEST: ______________________ Katie O’Connor, Deputy City Clerk CITY COUNCIL AGENDA SECTION: Proclamations / Presentations DATE: August 16, 2022 DEPARTMENT/DIVISION: Jay Lotthammer, Director, Parks and Recreation ITEM DESCRIPTION: Donation for Arts in the Park ITEM NO.: IV.C. Requested Action Move to: Adopt the Resolution accepting the contribution in the amount of $250 for Arts in the Park from Healthy Kids Running Series. Synopsis Arts in the Park is Eden Prairie’s annual art fair that welcomes local and regional artists and makers to beautiful Purgatory Creek Park where they can sell their artwork, homemade beauty products, artisan foods, unique clothing and more. The event also has food and beer for sale along with free hands-on activities for the whole family. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2022- __ RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City in the amount of $250 for Arts in the Park from Healthy Kids Running Series is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 16th day of August, 2022. _______________________ Ronald A. Case, Mayor ATTEST: ______________________ Katie O’Connor, Deputy City Clerk UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, JULY 12, 2022 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 Matthew 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 Maggie Neuville, and Recorder Katie O’Connor Workshop - Heritage Rooms I and II (5:30) I. 2023 BUDGET (5:30-6:00) Mayor Case stated the budget is one of the most important things the Council approves as it reflects the values of the Council and City. Getschow stated this is the second year or the two-year budget process. At least 95 percent of the budget numbers are similar from when the 2022-2023 budget was reviewed and discussed in 2021. Historically, the two-year budget process has worked well. The budget process begins with City work plans created by staff and presented at a Council workshop, along with City-wide community survey results. The cycle will begin again with the City-wide survey being conducted at the end of the year. Much of the budget reflects the services and responses to the survey. The City-wide goals remain the same and Staff work plans are centered on these goals. The overarching City-wide goals, that direct the City work plans, have remained the same for the last six years. These goals could be discussed at the beginning of the year with the newly elected Council. The goals for the 2022-2023 budget are to provide value to citizens through high-quality City services and reasonable tax impacts. Another goal is to maintain a strong financial position with a balanced budget and maintained bond rating. The Council also determines priorities at the beginning of every year which, this year, include public safety support and investment, race equity initiative, Housing Task Force Report implementation, sustainability initiatives, promoting small business/entrepreneurship, light rail opening day plans, and post-COVID community engagement. Getschow stated the City Council priorities from the 2022 workshop are included in the budget. Getschow stated there are some large projects to discuss in the budget. Some of the general themes of the budget have to do with road improvement projects and transportation. Almost two million dollars in the operating budget have been designated for trail maintenance and extensions. There are some capital projects coming up as well as City Council Workshop Minutes July 12, 2022 Page 2 implementing the Aspire2040 plan. In the 2022 budget, three positions and a contract for a social worker with the County were added. Two of those positions are still being hired for: a police officer and full-time fire administrative position. The proposed 2023 tax levy is budgeted for a 4.5 percent increase from 2022, similar to the previous year. Intergovernmental revenue decreased 72.6 percent due to COVID funds received last year. Other revenue, charges for services, and licenses and permits remain fairly similar. Charges for services is starting to increase and parks and recreation programming is beginning to rebound after COVID. Community Center membership continues to be down about 1,000 memberships in comparison to pre-COVID numbers. The difference in membership revenue was filled by CARES Act funds in 2020 and 2021, and some of the lost revenue will continue to be budgeted back in 2022 and 2022. Full capacity may not be reached for a couple more years. Nelson inquired if the City is still offering reduced rate or free classes to families who qualify with lower income. Lotthammer responded the Passport to Fun program is still happening. The use of the program is about the same as it was pre-COVID. Getschow stated the largest source of revenue is property taxes, then charges for services such as parks and recreation revenue, and third is licenses and permits. Actual licenses and permits revenue were very high in comparison to the budgeted revenue. 2022 revenue will be at a similar amount or slightly below. When there is excess general fund revenue, excess dollars are transferred to the capital improvement fund. Cable television revenue has remained similar. The 10-year cable agreement is expiring, and the City is currently renegotiating. The hope is to receive more revenue for government programming to utilize for cost related to broadcasting meetings. Intergovernmental revenue in 2023 should be about the same as the total pre-covid without CARES Act dollars. The proposed increase in the budget from 2022 is 3.4 percent. The loss in revenue in 2022 will be made up with CARES Act funds. In regard to wages and benefits, the City will conduct a compensation analysis and determine which positions should increase in pay to be comparable to other cities. There are enough dollars set aside within the budget from cost savings in other areas such as insurance or attrition. The City is also currently conducting a request for proposal (RFP) for health benefits, and a ten percent increase has been budgeted prior to having those final numbers. Getschow stated there is a 4.5 percent proposed increase in the general fund budget for 2023. No increase in the debt-per-capital levy would mean a total increase of 4.2 percent. Staff are unaware where fiscal disparities will end up until next month. A conservative estimate would be for fiscal disparities to stay the same. The total proposed levy increase would then be 4.4 percent. The City will continue to pay off debt as they did in 2022. Market value for 2023 is unknown, but it is expected to increase and is estimated at over $13 billion. Because of the increase in market value, the City tax rate is below 30 percent for the first time in over 15 years. City property taxes would increase about $10 for the median value home. In the State of Minnesota, commercial property is still taxed at a higher rate than residential. This last year, the average valued home increased by 19 percent and the average valued commercial City Council Workshop Minutes July 12, 2022 Page 3 property went up two percent. The median value home increases from $430,4000 in 2022 to $513,200 in 2023. A median value home with a tax increase of 19 percent would have an 8.5 percent increase in taxes or $121. Decreasing the levy would only decrease the increase in property taxes by about one percent. When comparing City taxes, last year the City was the third lowest compared to five neighboring cities and the second lowest for total tax. This year may even be lower, but more data will be available towards the end of the year. Nelson inquired if the City taxes still fall in the lower 15 percent of cities in the metropolitan area. Getschow responded yes, but more data will be available at the end of the year. The school district also does not have any major anticipated levy changes. For next steps, the City Council will vote on the proposed tax levy and budget September 6 or 20. On December 6 there will be a public meeting and adoption of the final budget and tax levy. II. LIQUOR OPERATIONS (6:00-6:30) Jaime Urbina, Liquor Operations Manager, stated he would present data about sales trends and liquor operations. There have been changing customer trends since opening on Sundays. Sunday is one of the slowest days of the week, 9.3 percent of total sales annually, but continues to show the most growth. It is also the day with the least amount of payroll used. Friday continues to be the biggest sales day of the week since 2017. Some of the sales have spread out from other days of the week to Sunday. They conducted a survey this year asking about the most important factors being location and convenience. Convenience received the least number of responses. Year-to-date gross profits have slightly increased compared to last year. Overall sales are slightly lower due to a difficult first quarter, but the second quarter data is trending up. There were a couple of days this year a store had to be closed due to COVID. There has been a decrease of about one percent in customers. Average sales per customer continues to increase. Getschow noted store one, near Kowalski’s, is the one that took the largest decrease in sales after Total Wine and Haskell’s moved nearby. Urbina said, based on 10-year sales trends, sales peaked in 2013. The lowest sales were in 2017. Sales are currently trending back up. Case noted Sunday, with the lowest payroll, has good net profit for sales. Nelson stated Sunday availability gives people options. Freiberg noted a slower Sunday is offset by other factors. Urbina added for the sake of convenience, it has been best to be open to allow customers to shop whenever they can. Toomey inquired if the liquor stores have been experiencing shortages. Urbina replied there have been some issues. One of the biggest issues has been the merger of two larger companies and experiencing a shortage with their products. Nelson inquired if City liquor stores do special orders for customers as Total Wine will not. Urbina replied yes. City Council Workshop Minutes July 12, 2022 Page 4 Case stated, on a similar note, one topic the Council will need to further talk about is Tetrahydrocannabinol (THC) and the changing laws. Freiberg added there aren’t many guidelines in the bill about amounts. Case noted there will be the discussion around how it involves our liquor stores but also how the City would regulate it. Getschow added the Mayors and City Managers of MLC will be meeting next week with the bill authors. Open Podium - Council Chamber (6:30) III. OPEN PODIUM IV. ADJOURNMENT UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, JULY 12, 2022 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, Community Development Director Julie Klima, Police Chief Matt Sackett, Fire Chief Scott Gerber, and City Attorney Maggie Neuville I. CALL THE MEETING TO ORDER Mayor Case called the meeting to order at 7:00 PM. Council Member PG Narayanan was absent. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS / PRESENTATIONS A. TOUR DE TONKA Getschow explained Tour de Tonka is an annual event that goes through Eden Prairie each summer. He introduced a representative of Tour de Tonka to present. Molly Bahneman explained the Tour de Tonka is the first Saturday in August. The event is a ride, not a race. This is the 17th annual event, and 62 riders have ridden in every event. 44 states are represented by the racers. There are about 3,225 riders on average each year. Since 2006, there have been over 35,000 riders. Eden Prairie has the third most participants in Tour de Tonka. Case thanked the presenter and the organizers for their work. B. ACCEPT $5,000 DONATION FOR SAFETY CAMP FROM EDEN CITY COUNCIL MINUTES July 12, 2022 Page 2 PRAIRIE CRIME PREVENTION FUND (Resolution 2022-82) Lotthammer explained this item is to accept a donation for $5,000 from Comcast through the Eden Prairie Crime Fund. It is meant for Safety Camp. Toomey noted there is an ongoing partnership with Comcast. MOTION: Toomey moved, seconded by Nelson, to adopt Resolution No. 2022-82 the donation of $5,000 from the Eden Prairie Crime Prevention Fund that was donated from Comcast to go towards Safety Camp. Motion carried 4-0. C. ACCEPT DONATION FROM COLLEEN AND GREG WEBER TO BE USED TOWARDS RESTORATION OF FLYING RED HORSE (Resolution 2022-83) Lotthammer explained this item is to accept a donation to help restore the previously donated Flying Red Horse sign. Case noted the sign has a long history in Eden Prairie and was a marker for entering into Eden Prairie. MOTION: Nelson moved, seconded by Freiberg, to adopt Resolution No. 2022-83 accepting the donation in the amount of $500 from Colleen and Greg Weber to be used towards the Restoration of the Flying Red Horse. Motion carried 4-0. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Frieberg moved, seconded by Toomey, to approve the agenda as published. Motion carried 4-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, JUNE 14, 2022 B. CITY COUNCIL MEETING HELD TUESDAY, JUNE 14, 2022 MOTION: Toomey moved, seconded by Freiberg, to approve the minutes of the Council workshop held Tuesday, June 14, 2022, and the City Council meeting held Tuesday, June 14, 2022, as published. Motion carried 4-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR CITY COUNCIL MINUTES July 12, 2022 Page 3 A. CLERK’S LIST B. ADOPT RESOLUTION NO. 2022-84 ADOPTING HENNEPIN COUNTY CITIZEN PARTICIPATION PLAN FOR 2020-2024 EDEN PRAIRIE CDBG CONSOLIDATED PLAN C. AWARD CONTRACT FOR PURCHASE OF MATERIAL FOR CITY CENTER LED LIGHTING PROJECT TO GRAYBAR ELECTRIC COMPANY, INC. D. AWARD CONTRACT FOR INSTALLATION OF LED LIGHTING AT CITY CENTER TO PRAIRIE ELECTRIC E. AWARD CONTRACT FOR REPLACEMENT OF ALL THREE LIQUOR STORES CARPETING TO LAVAN FLOOR COVERING COMPANY F. AWARD CONTRACT FOR MILL AND OVERLAY PROJECT AT MAINTENANCE FACILITY TO S.M. HENTGES & SONS INC. G. AWARD CONTRACT TO PURCHASE A NEW ICE RESURFACER ZAMBONI 552AC FOR COMMUNITY CENTER ICE MAINTENANCE H. APPROVE PURCHASE AND IMPLEMENTATION OF CISCO SWITCHES FROM LOGIS I. APPROVE CONTRACTS WITH AVI SYSTEMS, INC. FOR MEETING BROADCAST AUDIO EQUIPMENT REPLACEMENT AND INTEGRATION J. ADOPT RESOLUTION NO. 2022-85 ESTABLISHING ABSENTEE BALLOT BOARD FOR 2022 PRIMARY ELECTION K. ADOPT RESOLUTION NO. 2022-86 WITHDRAWING CITY’S PARTICIPATION IN RETIREMENT ENHANCEMENT AND BENEFIT ALTERNATIVES PROGRAM L. AWARD CONTRACT TO SWANSON & YOUNGDALE INC. FOR PAINTING THREE RIVERS PARK DISTRICT BRIDGE NO. 27A26 M. APPROVE CONSTRUCTION CONTRACT WITH MINGER CONSTRUCTION CO., INC. TO PERFORM STRUCTURAL REPAIRS OF TWO DEEP SANITARY SEWER MANHOLES CITY COUNCIL MINUTES July 12, 2022 Page 4 N. APPROVE CONTRACT WITH R&H PAINTING, LLC DBA HYPERLINE FOR MANHOLE RELINING REPAIRS O. DECLARE 2022 PROPERTY LIST AS SURPLUS AND AUTHORIZE TRANSFER OF SURPLUS TURNOUT GEAR P. RENEW LEASE FOR RILEY LAKE PARK RENTAL HOUSE MOTION: Nelson moved, seconded by Toomey, to approve Items A-P on the Consent Calendar. Motion carried 4-0. IX. PUBLIC HEARINGS / MEETINGS A. TRICAM INDUSTRIES by Plan Force Group. Resolution for Planned Unit Development Concept Review on 3.24 acres, First Reading of an Ordinance for Planned Unit Development Amendment on 3.24 acres (Resolution 2022-87 for PUD Concept Review, Ordinance for PUD Amendment) Getschow stated the applicant is requesting a PUD Concept Review, PUD District Amendment with waivers, and a Site Plan Review to construct an approximately 2,615 square foot addition to an existing industrial building at 7677 Equitable Drive. This site is approximately 3.24 acres and is located north of Highway 212 on Equitable Drive. The site is bordered by other industrial land use as outlined in the included aerial image. He added the Planning Commission voted 6-0 to recommend approval of the project at the June 13, 2022 meeting. Ryan Schroeder, representative of Tricam Industries, explained Tricam Industries is an Eden Prairie-based company and wants to expand their office. There would also be improvements to the site including landscaping and an underground water storage system. Mr. Schroeder showed a photo of the existing site plan. The addition will be added where a currently unused patio resides. There will be a new entrance that is more centrally located to the parking lot. The current zoning of I2 will be maintained and the addition will align with the zoning requirements. Mr. Schroeder explained the landscaping will be added to the east side of the building near the patio that is used more often. There will be parking spaces added to replace three that would be removed to allow for a delivery entrance. He showed an overview of the proposed site plan. Mr. Schroeder noted the waiver requested is for the parking count. There 52 re currently 52 parking spots, and the addition would require 54 spots. The CITY COUNCIL MINUTES July 12, 2022 Page 5 building does not need more than 52 spots as many of the employees are working remotely or in a hybrid setting. He showed a potential view of the front elevation for the building addition along with the proposed building materials. Toomey asked how many parking spots were being eliminated. Mr. Schroeder stated three would be eliminated but also replaced. They are requested that the 52 parking spots required for the current iteration be maintained despite the addition. Toomey asked if they foresee more employees coming to work in person rather than using a hybrid model. Mr. Schroeder stated the business does not have any plans to return to fully in-person employees, but they are unsure what the future holds. Case noted if the building were to have new ownership or occupancy, they may need additional parking. He asked Staff what would happen if a future use may need additional parking. Community Development Director Julie Klima explained Staff spoke with the applicant about alternative solutions. There is an option to designate more parking spaces in the truck bay, but there was a concern with the parking spots interfering with truck deliveries. There is also an option in the northwest area to add additional parking down the line. That area is currently far away from the front door. Case asked what the threshold is for an item to come before the Council. The proposed action includes a seven percent increase in space. Klima stated there are several reasons the project is before the Council including the façade remodel, the waiver request, and the request for an addition. There is opportunity in City Code to allow for minor amendments to come straight to the Council when a certain percentage of a building is being impacted. In general, any waiver or façade consideration would come to the Council. Case asked if a smaller item that goes directly to the Council still requires a public hearing. Klima confirmed smaller additions or changes would still require a public hearing. There were no comments from the audience. MOTION: Nelson moved, seconded by Freiberg, to close the public hearing. Motion carried 4-0. Nelson stated the addition will be nice for the building. Toomey added she doesn’t have a problem with the request as there is the option to add more parking in the future. MOTION: Nelson moved, seconded by Freiberg, to adopt Resolution No. CITY COUNCIL MINUTES July 12, 2022 Page 6 2022-87 for Planned Unit Development Concept Review on 3.24 acres, approve the 1st reading of the Ordinance for Planned Unit Development Amendment with waivers on 3.24 acres, direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions, and authorize the issuance of an early Land Alteration Permit for Tricam Industries at the request of the Developer subject to the conditions outlined in the permit. Motion carried 4-0. B. VACATION OF DRAINAGE AND UTILITY EASEMENTS (Resolution 2022-88) Getschow stated the developer of Blue Stem North has requested the vacation of part of the drainage and utility easements as dedicated on Outlot A, and Lot 1, Block 1, Liberty Plaza, Hennepin County, Minnesota to facilitate the plat of Golden Triangle TOD. Case stated when new developments come in, it creates a new easement that goes on top of an old easement. Therefore, they are not eliminating an easement as much as cleaning it up. There were no comments from the audience. MOTION: Toomey moved, seconded by Nelson, to close the public hearing, and to adopt Resolution No. 2022-88 Vacating Draining and Utility Easements. Motion carried 4-0. X. PAYMENT OF CLAIMS MOTION: Freiberg 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 July 12, 2022 Page 7 C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Toomey moved, seconded by Freiberg, to adjourn the meeting. Motion carried 4-0. Mayor Case adjourned the meeting at 7:34 p.m. CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: August 16, 2022 DEPARTMENT/DIVISION: Community Development/Planning Julie Klima/Sarah Strain ITEM DESCRIPTION: Tricam Industries ITEM NO.: VIII.A. Requested Action Move to: • Approve the 2nd Reading of an Ordinance for Planned Unit Development Amendment with waivers on 3.24 acres • Adopt the Resolution for Site Plan Review on 3.24 acres • Approve the Development Agreement for Tricam Industries Synopsis This is the final reading for Tricam Industries. The applicant is requesting approval to construct an approximately 2,615 square foot addition to an existing industrial building at 7677 Equitable Drive. Background On July 12, 2022, City Council approved the 1st reading of the Ordinance for the PUD and directed staff to prepare a Development Agreement. The property is located north of US-212. The addition will be on the south side of the building. A garage door will be installed on the west side of the building. Exterior building materials will be updated on the addition and the surrounding façade. The project is providing stormwater management and meets both landscaping and tree replacement requirements. The applicant has requested PUD waivers for the number of parking stalls, which will be granted with the approval of the Development Agreement. The applicant requested an early Land Alteration Permit, which the City Council authorized at the July 12th meeting. Background The 120-day review period expires on September 2, 2022. Attachments 1. Ordinance for PUD 2. Ordinance Summary 3. Resolution for Site Plan 4. Development Agreement TRICAM INDUSTRIES CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2022-PUD-_-2022 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 I-2 Zoning District as -2022-PUD-_-2022 (hereinafter "PUD-_-2022”). Section 3. The City Council hereby makes the following findings: A. PUD-_-2022 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-_-2022 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-_-2022 are justified by the design of the development described therein. D. PUD-_-2022 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 I-2 Zoning District as Planned Unit Development PUD-_-2022 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 August 16, 2022 entered into between McMunn Family, LLP, a limited liability partnership, and the City of Eden Prairie (hereinafter “Development Agreement”). The Development Agreement contains the terms and conditions of PUD-_-2022, 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 12th Day of July, 2022, 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 16th day of August, 2022. ATTEST: __________________________________ ___________________________________ Katie O’Conner, Deputy City Clerk Ronald A. Case, Mayor PUBLISHED in the Sun Sailor on _____, 2022. EXHIBIT A PUD Legal Description Legal Description Lot 2, Block 1, Edenvale Executive Center Three, Hennepin County, Minnesota TRICAM INDUSTRIES CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. __-2022-PUD-__-2022 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING THE DESIGNATION OF CERTAIN LAND WITHIN A ZONING DISTRICT AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows amendment of the zoning designation of land located within the I-2 Zoning District into a Planned Unit Development District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: __________________________ ________________________ Katie O’Connor, Deputy City Clerk Ronald A. Case, Mayor PUBLISHED in the Sun Sailor on ______________________, 2022. (A full copy of the text of this Ordinance is available from City Clerk.) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2022-____ A RESOLUTION GRANTING SITE PLAN APPROVAL FOR TRICAM INDUSTRIES BY PLANFORCE GROUP WHEREAS, PlanForce Inc., has applied for Site Plan approval of Tricam Industries to construct an approximately 2,600 square foot addition to an existing industrial building; WHEREAS, zoning approval for the building addition was granted by an Ordinance approved by the City Council on July 12, 2022; and WHEREAS, the Planning Commission reviewed said application at a public hearing at its June 13, 2022 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its July 12, 2022 meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval is granted to construct an approximately 2,600 square foot addition to an existing industrial building, subject to the Development Agreement between McMunn Family, LLP and the City of Eden Prairie, reviewed and approved by the City Council on August, 16, 2022. ADOPTED by the City Council of the City of Eden Prairie this 16th day of August, 2022. ____________________________________ Ronald A. Case, Mayor ATTEST: ___________________________ Katie O’Connor, Deputy City Clerk 1 Tricam Industries Development Agreement August 16, 2022 DEVELOPMENT AGREEMENT TRICAM INDUSTRIES THIS DEVELOPMENT AGREEMENT (“Agreement”) is entered into as of August 16, 2022, by McMunn Family, LLP, a Minnesota limited liability partnership, hereinafter referred to as “Developer,” its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as “City”: WITNESSETH: WHEREAS, Developer has applied to City for Planned Unit Development Concept Review on 3.24 acres, Planned Unit Development Amendment with waivers on 3.24 acres, and Site Plan Review on 3.24 acres, (the “Applications”), for real property legally described on Exhibit A (the “Property”); WHEREAS, Developer’s predecessor-in-interest, Welsh Companies, Inc., and City entered into that certain Development Agreement between the parties as of July 15, 1986, pertaining to the Property and to other real property (“Original Development Agreement”). NOW, THEREFORE, in consideration of the City adopting Resolution No. __________ for Planned Unit Development Concept Review, Ordinance No. __________ for Planned Unit Development Amendment, and Resolution No. ____________ for Site Plan Review, Developer agrees to construct, develop and maintain the Property as follows: 1. PLANS: Developer must develop the Property in conformance with the materials revised 2 Tricam Industries Development Agreement August 16, 2022 and dated May 2, 2022, reviewed and approved by the City Council on July 12, 2022, identified on Exhibit B (hereinafter the “Plans”), subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 3. DEVELOPER’S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Property and construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement, City will give 24 hours’ notice of such violation, or such longer period as determined by the City in its sole discretion given the nature of the violation, in order to allow a cure of such violation. The City need not issue a building or occupancy permit for construction or occupancy on the Property while such a violation is continuing, unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement will be determined solely and conclusively by the City Manager or his or her designee. 4. DEVELOPER’S RESPONSIBILITY FOR ITS CONTRACTORS: Developer will release, defend and indemnify City, its elected and appointed officials, employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys’ fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and agents. Developer will not be released from its responsibilities to release, defend and indemnify because of any inspection, review, or approval by City. 5. EXTERIOR MATERIALS: As part of the building permit application materials, Developer must submit to the City Planner a plan depicting exterior materials and colors to be used on the buildings on the Property consistent with the Exhibit B Plans. Prior to issuance of any occupancy permit for the Property, Developer must complete implementation of the approved exterior materials and colors plan in accordance with the terms and conditions of Exhibit C. 6. GRADING, DRAINAGE, AND STORMWATER POLLUTION PREVENTION PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in the Plans is conceptual. Prior to the release of a land alteration permit for the Property, Developer must submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan must be prepared and properly signed by a currently licensed Professional Civil Engineer hired by the Developer. The final 3 Tricam Industries Development Agreement August 16, 2022 grading and drainage plan must include: 1. “Stormwater Facilities” as that term is defined in City Code Section 11.55, Subd. 2, including all stationary, temporary, and permanent stormwater BMPs designed, constructed and operated to prevent or reduce the discharge of pollutants in stormwater as well as structures built to collect, convey or store stormwater (“Stormwater Facilities”); and 2. Any other items required with the land alteration permit application and/or by the City Engineer for release of the permit. B. LAND ALTERATION PERMIT: Developer must submit the following with all land alteration, grading and/or filling permit applications as described below and in accordance with City Code: 1. Design calculations for storm water quality, rate, 100-year high water level (HWL), and volume, together with a drainage area map; 2. Logs for geotechnical borings and/or infiltration tests within the footprint of all proposed permanent stormwater management BMPs. Geotechnical borings must extend to a minimum depth of five (5) feet below the proposed bottom of the BMP. If the infiltration rates indicated by the geotechnical borings and/or infiltration tests are more restrictive than the assumptions made in the Stormwater Management Report, the design of the permanent stormwater management BMPs must be amended accordingly and an updated Stormwater Management Report must be provided. 3. Financial security in the form of a bond, cash escrow, or letter of credit, equal to 125% of the cost of the improvements to be made pursuant to the permit, in a format approved by the City and as required by City Code Section 11.55, Subd. 11 (the “Land Alteration Security”); 4. At the request of the City Engineer, a maintenance and monitoring plan must be submitted for all privately owned Stormwater Facilities to ensure they continue to function as designed in perpetuity, pursuant to and in accordance with City Code Section 11.55, Subd. 7 (“Maintenance and Monitoring Plan”). The Maintenance and Monitoring Plan must include, at a minimum: a) The party(s) responsible for maintenance; b) Access plans for inspections, monitoring and/or maintenance; c) Planting plan (if applicable); d) Routine and non-routine inspection procedures; e) Frequency of inspections; f) Sweeping frequency for all parking and road surfaces (if applicable); g) Plans for restoration or repairs (including reduced infiltration when applicable); 4 Tricam Industries Development Agreement August 16, 2022 h) Performance standards; and i) Corrective actions that will be taken if the stormwater facility(s) does not meet performance specifications. 5. Erosion and sedimentation control plan; 6. Copy of the Stormwater Pollution Prevention Plan (“SWPPP”) if required by the Minnesota Pollution Control Agency Construction Stormwater Permit; and 7. Infiltration Practices: All proposed practices, measures and methods must be in accordance with the Minnesota Stormwater Manual. For land alteration permit applications for projects that incorporate infiltration practices as part of the Stormwater Facility, this includes but is not limited to: a) Construction management practices that will be used to ensure the infiltration system(s) will be protected during construction and functional after completion of construction; b) Erosion control measures that will be used to delineate and protect the infiltration system(s) during construction; c) Proposed infiltration volumes in cubic feet and rates in inches per hour; d) Methods that will be used for field verification of infiltration for stormwater infiltration systems; e) Methods that will be used to assure that infiltration is restored, if needed; f) Locations for material storage establishing that materials will not be stockpiled or stored within the proposed infiltration area(s); g) Vehicular access and parking routes (must not be allowed within the infiltration area(s)); and h) Construction techniques that will be used to protect the infiltration capacity by limiting soil compaction the greatest extent possible, including use of erosion control fencing to delineate the infiltration area and use of low-impact earth moving equipment. C. STORMWATER FACILITY MONITORING DURING CONSTRUCTION: The Developer must employ the licensed Professional Engineer who prepared the final grading plan or another licensed professional qualified to perform the work (to be approved in writing by the City Engineer) to complete the following: 1. Monitor the construction of Stormwater Facilities and temporary BMPs for conformance to the approved final grading plan, the Minnesota Storm Water Manual, and the SWPPP. 2. Enter all inspection, monitoring, and maintenance activities and/or reports regarding site construction and land alteration permit requirements into the City’s web-based erosion and sediment control permit tracking program 5 Tricam Industries Development Agreement August 16, 2022 (currently PermiTrack ESC). Inspections must be conducted at least bi-weekly between April 1 and October 31 and after precipitation events exceeding 0.5 inches. D. STORMWATER FACILITY MAINTENANCE: Stormwater Facilities must be maintained by the Developer during construction and for a minimum of two (2) full growing seasons after City acceptance of the public infrastructure as determined by the City Engineer. Repairs completed during this time must be done in accordance with the land alteration permit and City Code Section 11.55, Subd. 7. Repairs to privately owned and maintained Stormwater Facilities must be done in accordance with the Maintenance and Monitoring Plan. If the Stormwater Facilities are not functioning as designed at the end of the minimum 2-year period, the City Engineer may extend the Developer’s maintenance responsibility or require further repairs. Once the minimum 2-year period has been reached or the City has determined that the Stormwater Facilities conform to the design criteria established in the land alteration permit and the SWPPP, whichever is longer, the then-current owner of the Property will be responsible for all future inspections and maintenance of the Stormwater Facilities in accordance with City Code Section 11.55, Subd. 7. If there is a drainage easement present over the Stormwater Facility(s), the easement holder will be responsible for inspections and maintenance. Pervious surfaces must be stabilized with seed and mulch or sod and all impervious surfaces must be completed prior to final grading and planting of the stormwater infiltration systems. E. LAND ALTERATION PERMIT FINANCIAL SECURITY: Prior to release of the Land Alteration Security, Developer must complete implementation of the approved SWPPP. Any remaining Land Alteration Security must be released to the person who deposited the Land Alteration Security upon determination by the City that the requirements of City Code Section 11.55 and the conditions of the land alteration permit have been satisfactorily performed. 7. IRRIGATION PLAN: If irrigation is installed on the Property, Developer must submit to the City Planner and receive approval of a plan for irrigation of the landscaped areas on the Property. The irrigation plan must be designed so that water is not directed on or over public trails and sidewalks. Developer must complete implementation of the approved irrigation plan in accordance with the terms and conditions of Exhibit C. 8. LANDSCAPE & TREE REPLACEMENT PLAN: Prior to issuance of a land alteration permit, the Developer must submit to the City Planner an executed landscape agreement and a final landscape or tree replacement plan for the Property. The approved landscape or 6 Tricam Industries Development Agreement August 16, 2022 tree replacement plan must be consistent with the quantity, type, and size of all plant materials shown on the landscape or tree replacement plan on the Exhibit B Plans and including all proposed trees, shrubs, perennials, and grasses. The approved landscape or tree replacement plan must include replacement trees of a 2.5-inch diameter minimum size for a shade tree and a 6-foot minimum height for conifer trees. The approved landscape or tree replacement plan must also provide that, should actual tree loss exceed that calculated herein, Developer must provide tree replacement on a caliper inch per caliper inch basis for such excess loss. Prior to land alteration permit issuance, Developer must also submit to the City Planner a security in the form of a cash escrow or letter of credit equal to 150% of the cost of the tree and landscape improvements including all proposed trees, shrubs, perennials, and grasses as depicted on the landscape and/or tree replacement plan on the Exhibit B Plans (the “Landscape Security”). The Landscape Security will be held for two full growing seasons after the installation of all plantings and inspection by the City. A growing season is the part of the year during which rainfall and temperature allow plants to grow (approximately April-October). The installation must conform to the approved landscape or tree replacement plan including but not limited to the size, species and location as depicted on the Exhibit B Plans. Any changes proposed to the landscape plan or landscaping installed on the Property, including but not limited to removal and relocation, must be reviewed and approved by the City Planner prior to implementing such changes. Developer must complete implementation of the approved landscape or tree replacement plan as depicted on the Exhibit B Plans and in accordance with the terms and conditions of Exhibit C of this Agreement. The Landscape Security will be released in accordance with the terms of the landscape agreement. 9. MECHANICAL EQUIPMENT SCREENING: Developer must screen all mechanical equipment on the Property. For purposes of this paragraph, “mechanical equipment” includes gas meters, electrical conduits, water meters, and standard heating, ventilating, and air-conditioning units. Financial security to guarantee construction of such screening is included with the Landscape Security. Developer must complete construction of mechanical equipment screening prior to issuance of any occupancy permit for the Property. If, after completion of construction of the mechanical equipment screening, it is determined by the City Planner, in his or her sole discretion, that the constructed screening does not meet City Code requirements to screen mechanical equipment from public streets and differing, adjacent land uses, then the City Planner will notify Developer and Developer must take corrective action to reconstruct the mechanical equipment screening in order to cure the deficiencies identified by the City Planner. Developer agrees that the City will not release the Landscape Security until Developer completes all such corrective measures. 10. ORIGINAL DEVELOPMENT AGREEMENT: As applied to the Property, the Original 7 Tricam Industries Development Agreement August 16, 2022 Development Agreement is hereby repealed in its entirety and replaced with this Agreement. 11. OTHER AGENCY APPROVALS: The Developer must submit copies of all necessary approvals issued by other agencies for the project to the City Engineer. These submittals are required prior to issuance by the City of the corresponding City permit(s). The agencies issuing such approvals include, but are not necessarily limited to the following: the Minnesota Pollution Control Agency, Metropolitan Council Environmental Services, and Riley Purgatory Bluff Creek Watershed District. The City Planner may determine that conditions of approval required by the Riley Purgatory Bluff Creek Watershed District require changes to the City approvals granted with this Agreement which may entail additional City review, including public hearing(s) for recommendation by the Planning Commission and approval by the City Council. Developer consents to such additional review as determined by the City Planner and agrees to an extension pursuant to Minn. Stat. Section 15.99 of an additional 60 days for the additional review. 12. OUTSIDE STORAGE: Developer must not permit on the Property any outside storage of inoperable automobiles, automobile parts, equipment, inventory, or refuse. 13. PERFORMANCE STANDARDS: Developer agrees that the Property will be operated in a manner meeting all applicable noise, vibration, dust and dirt, smoke, odor and glare laws and regulations. Developer further agrees that the facility upon the Property will be operated so noise, vibration, dust and dirt, smoke, odor and glare do not go beyond the Property boundary lines. 14. PUD WAIVERS GRANTED: The City hereby grants the following waivers to City Code requirements within the I-2 Industrial District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD (list PUD number): A. Number of Parking Stalls Parking requirements in the Industrial I-2 zoning district are based on the square footage of the uses within the building. The building addition and proposed uses in the building require 79 parking stalls by City Code. The waiver allows for 54 parking stalls on site. 15. SIGNS: For each sign which requires a permit under Eden Prairie City Code Section 11.70, Developer must obtain a sign permit from the City. The application must include a complete description of the sign and a sketch showing the size, location, the manner of construction, and other such information as necessary to inform the City of the kind, size, material construction, and location of any such sign in accordance with the requirements of City Code, Section 11.70, Subdivision 5. 8 Tricam Industries Development Agreement August 16, 2022 16. SITE LIGHTING: All pole lighting must consist of downcast cut-off fixtures. Pole lighting must not exceed 25 feet in height. A three (3) foot base is permitted for a total of 28 feet in height. Developer must complete implementation of the lighting plan in Exhibit B prior to issuance of any occupancy permit for the Property. 17. TRASH, RECYCLING, AND ORGANICS: Developer agrees that all trash, recycling, and organic waste bins or receptacles will at all times be located inside of the building as depicted on the Plans. 18. SALT AND SNOW STORAGE: Salt storage is not allowed on the Property unless the Property Owner and any agents, tenants, or contractors employ best management practices to minimize the discharge of polluted runoff from salt storage and: 1. The designated salt storage area is indoors; 2. The designated salt storage area is located on an impervious surface and downgradient from any Stormwater Facilities; and 3. Practices to reduce exposure when transferring material in designated salt storage areas (sweeping, diversions, and/or containment) are implemented. Salt applicators must possess current Smart Salting Level 1 and Level 2 Certification from the Minnesota Pollution Control Agency. The certified individual(s) are responsible for the application of appropriate deicing material at the proper amount and rate. Snow must not be stored in any required parking or stormwater treatment areas. If the Property does not provide adequate snow storage areas, the Developer and/or Owner must remove the snow from the Property. 9 Tricam Industries Development Agreement August 16, 2022 IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. CITY OF EDEN PRAIRIE By___________________________ Ronald A. Case Its Mayor By____________________________ Rick Getschow Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of ________________, 2022, by Ronald A. Case and Rick Getschow, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. _______________________ Notary Public 10 Tricam Industries Development Agreement August 16, 2022 McMunnn Family, LLP By ________________________________ Its ________________________________ STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of ____________, 2022, by _______________________________________, the , of McMunnn Family, LLP, a Minnesota limited liability partnership, on behalf of the company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: CITY OF EDEN PRAIRIE 8080 MITCHELL ROAD EDEN PRAIRIE, MN 55344 11 Tricam Industries Development Agreement August 16, 2022 EXHIBIT A Tricam Industries Development Agreement Legal Description Lot 2, Block 1, Edenvale Executive Center Three, Hennepin County, Minnesota 12 Tricam Industries Development Agreement August 16, 2022 Exhibit B Boundary and Topographic Survey dated 4/25/2022 by Acre Land Surveying Project Narrative dated 5/4/2022 by PlanForce, Inc. Floor Plan dated 2/28/2022 by PlanForce, Inc. Exterior Elevations dated 2/28/2022 by PlanForce, Inc. Color Elevations dated 2/28/2022 by PlanForce, Inc Tricam Exterior Finishes submitted via ProjectDox 5/4/2022 by PlanForce, Inc. Removals Plan dated 5/2/2022 by Civil Site Group, PC Site Plan dated 5/2/2022 by Civil Site Group, PC Turning Movement dated 5/2/2022 by Civil Site Group, PC Grading Plan dated 5/2/2022 by Civil Site Group, PC Utility Plan dated 5/2/2022 by Civil Site Group, PC Civil Details dated 5/2/2022 by Civil Site Group, PC SWPPP Existing Conditions dated 5/2/2022 by Civil Site Group, PC SWPPP Proposed Conditions dated 5/2/2022 by Civil Site Group, PC SWPPP Narrative dated 5/2/2022 by Civil Site Group, PC Landscape Plan dated 5/2/2022 by Civil Site Group, PC Stormwater Report dated 5/2/2022 by Civil Site Group, PC Geotechnical Analysis dated 2/15/2022 by Haugo GeoTechnical Services 13 Tricam Industries Development Agreement August 16, 2022 EXHIBIT C DEVELOPMENT AGREEMENT – TRICAM INDUSTRIES I. Prior to release of any building permit, Developer shall submit to the City Engineer for approval a master grading plan (1" =100' scale) showing existing and proposed contours, proposed streets, and lot arrangements and size, minimum floor elevations on each lot, preliminary alignment and grades for sanitary sewer, water main, and storm sewer, 100-year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots, location of walks, trails, and any property deeded to the City. II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. III. Developer shall pay cash park fees as to all of the Property required by City Code in effect as of the date of the issuance of each building permit for construction on the Property. IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof, Developer, for itself, its successors, and assigns, shall not oppose the City’s reconsideration and rescission of any Rezoning, Planned Unit Development, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. V. Provisions of this Agreement shall be binding upon and enforceable against the Property and the Owners, their successors and assigns of the Property. VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. VII. Developer represents that it has marketable fee title to the Property, except: INSERT ANY NAME/COMPANY LISTED IN ANY OWNER’S SUPPLEMENT TO THE DEVELOPER’S AGREEMENT) With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance: 14 Tricam Industries Development Agreement August 16, 2022 A. That Developer has marketable fee title free and clear of all mortgages, liens, and other encumbrances. Prior to final plat approval, Developer shall provide to the City a current title insurance policy insuring such a condition of title. B. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property, any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat., Sec. 115B.01, et. seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of, place or otherwise have, in or on the Property, any Hazardous Substances. D. That no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss, costs, damage and expense, including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to have been, used, employed, deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning, and Chapter 12, Subdivision Regulations, of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. IX. Prior to release of the final plat, Developer shall pay to City fees for the first three (3) years’ street lighting on the public streets adjacent to the Property (including installation costs, if any, as determined by electrical power provider), engineering review, and street signs. X. Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. XI. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special, unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, 15 Tricam Industries Development Agreement August 16, 2022 condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees, therefore, that in the event Developer violates, fails, or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold building permits or rescind or revoke any approvals granted by the City. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy. XII. Developer shall, prior to the commencement of any improvements, provide written notice to all public and private utilities. XIII. Prior to building permit issuance, all fees associated with the building permit shall be paid to the Inspections Division, including; Building permit fee, plan check fee, State surcharge, metro system access charge (SAC), City SAC and City water access charge (WAC), park dedication, and other fees as applicable. Contact Metropolitan Waste Control to determine the number of SAC units. XIV. Prior to building permit issuance, except as otherwise authorized in the approved Plans, existing structures, wells and septic systems (if present) shall be properly abandoned or removed as required by City ordinance and Hennepin County and all permits obtained through the Inspections Division. XV. Prior to building permit issuance, provide a registered land survey or site plan completed by a licensed surveyor or engineer (1" = 50’ scale) showing proposed building location and all proposed streets, with approved street names, lot arrangements and property lines. XVI. The City shall not issue any building permit for the construction of any building, structure, or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. XVII. No failure of the City to comply with any term, condition, covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges. No execution on any claim, demand, cause of action or judgment shall be levied upon or collected from the general credit, general fund or taxing powers of the City. XVIII. Prior to issuance of the first building permit for the Property, Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 ½ by 6 inch sign or decal reading “Scenic/Conservation Easement Boundary, City of Eden Prairie”, will be affixed to the top of the post. XIX. Within 10 days of the approval of the Development Agreement, the City shall record the 16 Tricam Industries Development Agreement August 16, 2022 Development Agreement at the County Recorder and / or Registrar of Titles. XX. The City is hereby granted the option, but not the obligation, to complete or cause completion in whole or part of all of the Developer’s obligations under this Agreement for which a bond, letter of credit, cash deposit or other security (hereinafter referred to as the “Security”) is required if the Developer defaults with respect to any term or condition in this Agreement for which Security is required and fails to cure such default(s) within ten (10) days after receipt of written notice thereof from the City; provided however if the nature of the cure is such that it is not possible to complete the cure within ten (10) days, it shall be sufficient if the Developer has initiated and is diligently pursuing such cure. The Developer acknowledges that the City does not assume any obligations or duties of the Developer with respect to any such contract agreements unless the City shall agree in writing to do so. The City may draw down on or make a claim against the Security, as appropriate, upon five (5) business days notice to the Developer, for any violation of the terms of this Agreement or if the Security is allowed to lapse prior to the end of the required term. If the obligations for which Security is required are not completed at least thirty (30) days prior to the expiration of the Security and if the Security has not then been renewed, replaced or otherwise extended beyond the expiration date, the City may also draw down or make a claim against the Security as appropriate. If the Security is drawn down on or a claim is made against the Security, the proceeds shall be used to cure the default(s) and to reimburse the City for all costs and expenses, including attorneys’ fee, incurred by the City in enforcing this Agreement. XXI. The Developer hereby grants the City, it’s agents, employees, officers and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with this Agreement. XXII. This Agreement is a contract agreement between the City and the Developer. No provision of this Agreement inures to the benefit of any third person, including the public at large, so as to constitute any such person as a third-party beneficiary of the Agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action for any person not a party hereto. XXIII. Except as specifically authorized by the Director of Public Works, no permit shall be issued for the Property until the Developer has recorded the final plat with Hennepin County Recorder's Office/Registrar of Titles' Office. XVII. Developer shall pay upon demand to the City all costs incurred by the City in conjunction with the Applications. These costs include internal City administrative, planning and, engineering costs and consulting costs, including but not limited to legal, engineering, planning and financial, in review, investigation, administering and processing the Applications and implementation of the approvals granted by the City. CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: August 16, 2022 DEPARTMENT/DIVISION: Julie Klima, Community Development Director; Jeanne Karschnia, Housing Services Coordinator ITEM DESCRIPTION: Resolution approving the participation of the Hennepin County Housing and Redevelopment Authority in Eden Prairie affordable housing projects. ITEM NO.: VIII.B. Requested Action Move to: Adopt resolution approving participation of the Hennepin County Housing and Redevelopment Authority in Eden Prairie affordable housing projects using the Affordable Housing Incentive Fund (AHIF) for West Hennepin Affordable Housing Land Trust (WHAHLT). Background The City has agreed to use Community Development Block Grant funds to assist with the purchase of Eden Prairie properties by West Hennepin Affordable Housing Land Trust (WHAHLT). WHAHLT has also been approved to receive AHIF funding for these projects by the Hennepin County Housing and Redevelopment Authority (HCHRA). The HCHRA needs City Council approval in order to go forward with the funding and completion of the financing for the projects. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MN RESOLUTION NO. 2022- RESOLUTION APPROVING THE PARTICIPATION OF THE HENNEPIN COUNTY HOUSING AND REDEVELOPMENT AUTHORITY IN AN AFFORDABLE HOUSING PROJECT WHEREAS, the Hennepin County Housing and Redevelopment Authority (HCHRA) has approved the use of a $175,000 Affordable Housing Incentive Fund (AHIF) loan for West Hennepin Affordable Housing Land Trust (WHAHLT), dba Homes Within Reach contingent upon the Eden Prairie City Council’s consent to the HCHRA’s participation in the project. WHEREAS, The purchase of up to ten homes to be acquired for the WHAHLT program, of which one or more properties may be located within the city of Eden Prairie and the rest within suburban Hennepin County, will preserve the supply of affordable housing in the city by providing long-term affordability. WHEREAS, AHIF from the HCHRA will complete the financing required for the project to go forward. BE IT RESOLVED that the participation of the Hennepin County Housing and Redevelopment Authority in the project for the limited purpose of providing financial support to the project is hereby approved. BE IT FURTHER RESOLVED that nothing in this resolution shall create a pecuniary obligation of the City to assist the project, nor shall the City be in any way responsible for any financing obligation or agreement of the HCHRA with respect to its provision of financial assistance to the project. BE IT FURTHER RESOLVED that nothing in this resolution is intended to endorse the merits of the Projects to be undertaken. ADOPTED by the City Council of the City of Eden Prairie this 16th day of August, 2022. ___________________________ Ronald A Case, Mayor ATTEST: __________________________ Katie O’Connor, Deputy City Clerk Requested Action Move to: Declare obsolete equipment as surplus and authorize the City Manager to dispose of property to manage end of life computers, monitors and electronics using Minnesota Computer’s services and the State of Minnesota as authorized under City Code Section 2.86, Subd. 3. Synopsis: The City has a surplus of obsolete computer equipment. The equipment in the attached list is of no use and will be recycled. PC’s for People, based in St. Paul MN, will pick up computer equipment for recycling and disposal. Based on items in this list, we do not anticipate any charges for removal. For disposal of certain types of equipment, the city may be charged a nominal fee. All equipment will be disposed of as authorized by City Code Section 2.86, Subd. 3. Attachment List of surplus equipment. CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: August 16, 2022 DEPARTMENT/DIVISION: Aditi Salunke, IT Manager ITEM DESCRIPTION: Declare obsolete computer equipment as surplus. ITEM NO.: VIII.C. Asset Type Manufacturer Model Serial Number Tablet Apple iPad DN6HM0EMDFHW Tablet Apple iPad DMPN6NTRF4YD Phone Mitel 5312 IP FSAIB8924 Phone Mitel 5312 IP 1TKFS1151225 Phone Mitel 5330 IP AVAHJ7878 Phone Mitel 5312 IP AVAHQ4297 Phone Mitel 5312 IP AVAHF6110 Tablet Apple iPad Mini F4KMD3Q9FLMJ Phone Mitel 5215 IP AVAAA9012 Tablet Apple iPad Mini 3 DLXN95PQG5V2 Tablet Apple iPad Mini 3 DLXNN2EZG5V1 Phone Mitel 5312 IP AVAHQ3453 Phone Mitel 5312 IP FSABZ6944 Phone Mitel 5312 IP 1TKFS12370U3 Phone Mitel 5312 IP 1TKFS1134M0B Phone Mitel 5312 IP FSAIB8910 Phone Mitel 5312 IP AVAFZ8352 Phone Mitel 5312 IP 1TKFS115120S Phone Mitel 5330 IP N/A Phone Mitel 5312 IP 1TKFS12483S4 Phone Mitel 5312 IP AVAFZ9774 Phone Mitel 5312 IP FSAIB8889 Phone Mitel 5312 IP AVAHF6143 Phone Mitel 5312 IP AVAHF5966 Phone Mitel 5312 IP AVAHF6264 Phone Mitel 5312 IP AVADS4769 Phone Mitel 5312 IP FSAIB8907 Phone Mitel 5312 IP AVAFX9280 Phone Mitel 5312 IP AVAHF6171 Phone Mitel 5312 IP AVAFZ8917 Phone Mitel 5312 IP FSAIB8829 Phone Mitel 5312 IP AVAFZ8466 Phone Mitel 5312 IP FSAIB8905 Phone Mitel 5312 IP 1TKFS1134LZZ Phone Mitel 5312 IP FSAIB8913 Phone Mitel 5312 IP FSAIB8888 Phone Mitel 5312 IP AVAHF6219 Phone Mitel 5312 IP FSAIB8927 Phone Mitel 5312 IP AVAHF5704 Phone Mitel 5312 IP 1TKFS11515P7 Phone Mitel 5312 IP AVAHQ4461 Phone Mitel 5312 IP FSAIB8812 Phone Mitel 5330 IP FSABM3520 Phone Mitel 5330 IP FSADA7383 Phone Mitel 5330 IP AVAHK0019 Phone Mitel 5330 IP FSAIW6763 Phone Mitel 5330 IP AVAHK0006 Phone Mitel 5330 IP FSABU3239 Printer Datacard 506346-001 C19487 Modem Pepwave MAX BR1 Mini LTE 2937-4DA1-21C2 Computer HP EliteDesk 800 G3 SFF 2UA8162FBL Server HP ML350p LCSBA0D863M109 Computer HP EliteDesk 800 G3 SFF 2UA8121K0H Computer HP EliteDesk 800 G3 SFF 2UA8061PT5 Computer HP EliteDesk 800 G3 SFF 2UA8162FBR Computer HP EliteDesk 800 G3 SFF 2UA73125F6 Computer HP EliteDesk 800 G4 SFF MXL8502F28 Computer HP Elite 8300 SFF 2UA2430YMN Computer HP Elite 8300 SFF 2UA2430YPD Laptop HP 470 G7 5CG0477KR Computer HP EliteDesk 800 G3 SFF 2UA8162FBT Computer HP EliteDesk 800 G3 SFF 2UA8121K0F Monitor Dell 1907FPt CN-0DC323-71618-6AB-AHJK Monitor Dell P190St CN-0RNMHG-74445-11M-823S Monitor Samsung 943BT-2 Z2QKHCLB900846E Monitor Samsung 943BT MY19HN9NB09667W Monitor Samsung 943BT MY19HN9NSB09656L Phone Mitel 5312 IP AVAGA0432 Phone Mitel 5312 IP AVAGA0263 Phone Mitel 5312 IP 1TKFS12262N7 Tablet Apple iPad Mini 3 F4KNCH40G5V2 Printer Ricoh Aficio 2020D K8366740057 Phone Mitel 5312 IP 1TKFS12370U0 Phone Mitel 5330 IP FSADA7702 Phone Mitel 5330 IP AVAET2785 Phone Mitel 5330 IP FSABU3241 Phone Mitel 5330 IP AVAHJ7885 Phone Mitel 5330 IP FSAIW6762 Projector Sony VPL-CX125 2002686 Printer HP DeskJet 6940 MY78TBS234 Monitor HP E223 CNC0212BFG Monitor Dell 1908FPt CN-0FP182-71618-821-RMQ6 Monitor Dell 1907FPt CN-0DC323-71618-717-GE9L Monitor Dell P190St CN-0RNMHG-74445-05N-B6GL Computer HP EliteDesk 800 G3 SFF 2UA8162FBN Computer HP EliteDesk 800 G3 SFF 2UA8121K06 Computer HP EliteDesk 800 G3 SFF MXL83224GW Computer HP EliteDesk 800 G3 SFF MXL8232NLZ Computer HP EliteDesk 800 G3 SFF 2UA8162FBQ Computer HP EliteDesk 800 G3 SFF MXL8232NLX Tablet Apple iPad DMRLV6LJF4YD Scanner Canon DR-3080C II DF307722 Phone Mitel 5312 IP 1TKFS11515P5 Phone Mitel 5312 IP FSABZ6847 Phone Mitel 5330e IP 1WDFW142617G Phone Mitel 5312 IP AVAHF6015 Phone Mitel 5312 IP AVAHE7866 Phone Mitel 5312 IP AVAHF5922 Phone Mitel 5312 IP AVAHE7856 Phone Mitel 5312 IP AVAHE7865 Phone Mitel 5312 IP FSADH1241 Phone Mitel 5312 IP AVAHQ3465 CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: August 16, 2022 DEPARTMENT/DIVISION: Rick Getschow, City Manager ITEM DESCRIPTION: Cable Television Franchise Agreement Extension Resolution ITEM NO.: VIII.D. Requested Action Move to: Adopt the Resolution granting Comcast of Minnesota a cable television franchise extension to January 31, 2023. Synopsis In 2012 the City of Eden Prairie (“City”) granted a Cable Television Franchise (“Franchise”) that is currently held by Comcast. The Franchise is for a period of ten years and is due to expire on or about August 1, 2022. Comcast has requested renewal of the Franchise. The attached Resolution is needed to provide additional time to complete drafting a new cable franchise agreement to respond to Comcast’s renewal request. The City is one of five member cities of the Southwest Suburban Cable Commission (“Commission”) – Edina, Hopkins, Minnetonka and Richfield are the others. Each member city adopted a cable franchise in 2012 which granted Comcast a 10-year franchise with an effective date of August 1, 2012. Due to delays finalizing the Needs Assessment Report and related matters, negotiations of the renewed franchise were not completed before the existing franchise expired on August 1, 2022. Expiration of an existing cable franchise during renewal proceedings is not unusual for cable commission franchise renewals nor is it unusual in the cable industry. The attached resolution grants a franchise extension to January 31, 2023. Attachment Resolution 1 7947022v1 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2022 - ____ A RESOLUTION EXTENDING THE TERM OF THE FRANCHISE HELD BY COMCAST OF MINNESOTA, INC. WHEREAS, on or about July 17, 2012, the City of Eden Prairie, Minnesota (“City”) granted a cable television franchise pursuant to Ordinance No. 26-2012 (“Franchise”) which is currently held by Comcast of Minnesota, Inc. (“Comcast”); and WHEREAS, the City and Comcast, pursuant to 47 U.S.C. §546(h), are currently conducting informal franchise renewal negotiations in an attempt to reach mutually acceptable terms for franchise renewal; and WHEREAS, both the City and Comcast are interested in continuing informal renewal negotiations and desire to extend the Franchise term from August 1, 2022, to January 31, 2023; and WHEREAS, the City and Comcast have determined that an extension of the Franchise term is reasonable and in the best interest of the City, and its residents, to ensure uninterrupted cable television services; and WHEREAS, both the City and Comcast desire to expressly reserve all of their respective rights under state and federal law; and WHEREAS, the City and Comcast continue to be governed by the formal renewal process pursuant to 47 U.S.C. §546(a-g) and nothing contained herein shall in anyway diminish either party’s rights under the formal renewal process. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA HEREBY ORDAINS: 1. The Franchise is hereby amended by extending the term of the Franchise from August 1, 2022, through January 31, 2023. 2. Except as specifically modified hereby, the Franchise shall remain in full force and effect. 3. This Ordinance shall become effective upon adoption by the City and acceptance by Comcast. 2 7947022v1 ADOPTED by the City Council of the City of Eden Prairie, Minnesota this 16th day of August, 2022. ___________________________________ Ronald A. Case, Mayor ________________________________ Katie O’Connor, Deputy City Clerk ACCEPTANCE Comcast of Minnesota, Inc. hereby accepts this Ordinance and agrees to be bound by the terms and conditions of the Franchise, as amended. COMCAST OF MINNESOTA, INC. By: Its: CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: August 16, 2022 DEPARTMENT / DIVISION: Administration Rick Clark, Facilities ITEM DESCRIPTION: Fire 1 Seal Apparatus Bay Floor ITEM NO.: VIII.E. Requested Action Move to: Award the contract to Surface Pros to seal Fire 1 apparatus bay floor with a quartz polyurea coating for $57,230.47 Synopsis The City of Eden Prairie participates in the State of Minnesota Cooperative Purchasing Venture (CPV). Surface Pros was awarded contract F-503(5) on September 4th, 2020. Use of the cooperative purchasing contract enables the City to save time and money for purchases of equipment and installations under price terms already negotiated by the State of Minnesota. Background As part of the 2022 Capital Improvement Plan the coated flooring in the apparatus bay of the Fire Station is in need of replacement. The coating was installed in 2009. The coating of the floor is currently peeling, chipping and ultimately failing in areas as it is passed its expectancy and warranty of 5 years. The purpose of the floor coating is not only for aesthetics but protects the concrete flooring from chipping cracking and needing replacement prematurely. The selected coating will have a 10-year product warranty with polyurea selected over epoxy for its chemical resistance, flexibility and durability. Attachment Standard Construction Contract with Surface Pros CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: August 16, 2022 DEPARTMENT/DIVISION: Matt Bourne, Parks and Natural Resources Manager, Parks and Recreation ITEM DESCRIPTION: Accept Bid and Approve Contract for Goods and Services with Musco Lighting for LED Lighting Equipment ITEM NO.: VIII.F. Motion Move to: Accept bid from Musco Lighting and reject the bid from Qualite Sport Lighting and approve the Contract for Goods and Services with Musco to supply the lighting equipment as part of the Miller Park Ballfield Lighting Project in the amount of $350,484. Synopsis As part of the City’s sustainability efforts and because of multiple failures and high cost of maintenance of the existing fixtures, staff included in this year’s CIP the second phase of the project to convert the ballfield lighting at Miller Park from old, metal halide fixtures to more efficient and easier to maintain LED fixtures. Because this technology is still fairly new in athletic field applications, staff hired a lighting consultant, Sports Lighting Authority, to assist with finding LED fixtures that would meet the needs of the City and our users. Last year, the lighting for the three soccer/football fields were converted and staff hopes to now convert the four softball fields and one large baseball field. Supplier Quote Qualite Sports Lighting $349,000.00 (Some items not included) Musco $350,484.00 Our consultant has reviewed both bids and the specifications and qualifications for each supplier and found that the bid from Qualite Sports Lighting did not include the required lighting for the bullpen areas for the softball and baseball fields while the bid from Musco Lighting did. This lighting is estimated to cost between $6,000 and $10,000. For this reason, staff and our consultant are recommending that the bid from Qualite be rejected, and the contract be awarded to Musco. Funds for this purchase are included in the Capital Improvement Plan (Capital Maintenance and Reinvestment Fund). Attachment Standard Contract for Goods and Services – Musco Lighting 2017 06 10 Contract for Goods and Services This Contract (“Contract”) is made on the 16th day of August, 2022, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Musco Lighting, an Iowa Corporation (hereinafter "Vendor") whose business address is 100 1st Ave West, PO Box 808, Oskaloosa, IA 52577. . Preliminary Statement The City has adopted a policy regarding the selection and hiring of vendors to provide a variety of goods and/or services for the City. That policy requires that persons, firms or corporations providing such goods and/or services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of goods and/or services by Vendor for Supply of Lighting Equipment for the Miller Park Lighting Project hereinafter referred to as the "Work". The City and Vendor agree as follows: 1. Scope of Work. The Vendor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Term of Contract. All Work under this Contract shall be provided, performed and/or completed by March 1, 2023. 3. Compensation for Services. City agrees to pay the Vendor a fixed sum of $350,484.00 as full and complete payment for the goods, labor, materials and/or services rendered pursuant to this Contract and as described in Exhibit A. 4. Method of Payment. Vendor shall prepare and submit to City itemized invoices setting forth work performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. 5. Standard of Care. Vendor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. 6. Insurance. a. General Liability. Vendor shall maintain a general liability insurance policy with limits of at least $1,000,000.00 for each person, and each occurrence, for both personal injury and property damage. Vendor shall provide City with a Certificate of Insurance verifying insurance coverage before providing service to the City. b. Worker's Compensation. Vendor shall secure and maintain such insurance as will protect Vendor from claims under the Worker's Compensation Acts and from claims Standard Purchasing Contract 2017 06 01 Page 2 of 6 for bodily injury, death, or property damage which may arise from the performance of Vendor’s services under this Contract. c. Comprehensive Automobile Liability. Vendor shall maintain comprehensive automobile liability insurance with a $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) 7. Indemnification. Vendor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Vendor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Vendor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Vendor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 8. Warranty. The Vendor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Contract, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity. 9. Termination. This Contract may be terminated by either party by seven (7) days' written notice delivered to the other party at the addresses written above. Upon termination under this provision if there is no fault of the Vendor, the Vendor shall be paid for services rendered until the effective date of termination. 10. Independent Contractor. At all times and for all purposes herein, the Vendor is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Vendor an employee of the City. 11. Subcontract or Assignment. Vendor shall not subcontract any part of the services to be provided under this Contract; nor may Vendor assign this Contract, or any interest arising herein, without the prior written consent of the City. 12. Services Not Provided For. No claim for services furnished by Vendor not specifically provided for in Exhibit A shall be honored by the City. GENERAL TERMS AND CONDITIONS 14. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. Standard Purchasing Contract 2017 06 01 Page 3 of 6 15. Compliance with Laws and Regulations. In providing services hereunder, the Vendor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Contract and entitle the City to immediately terminate this Contract. 16. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. 17. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. 18. Damages. In the event of a breach of this Contract by the City, Vendor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 19. Employees. Vendor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Vendor prior to termination of this Contract and for one (1) year thereafter, without prior written consent of the former employer in each case. 20. Enforcement. The Vendor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract. 21. Entire Contract, Construction, Application and Interpretation. This Contract is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 22. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 23. Non-Discrimination. During the performance of this Contract, the Vendor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Vendor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Vendor shall incorporate the foregoing requirements of this paragraph in Standard Purchasing Contract 2017 06 01 Page 4 of 6 all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Vendor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 24. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Contract if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 25. Rights and Remedies. The duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 26. Services Not Provided For. No claim for services furnished by the Vendor not specifically provided for herein shall be honored by the City. 27. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 28. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Vendor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Vendor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Contract is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Vendor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Vendor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Vendor in relation to this Contract shall contain similar Data Practices Act compliance language. Standard Purchasing Contract 2017 06 01 Page 5 of 6 29. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not affect, in any respect, the validity of this Contract. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE __________________________________ Mayor ___________________________________ City Manager VENDOR By: ________________________________ Its: _______________________________ Standard Purchasing Contract 2017 06 01 Page 6 of 6 Exhibit A Scope of Work The Musco Lighting Submittal Packet for Miller Park Ballfield Lighting are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Submittal Packet are the Contract. CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: August 16, 2022 DEPARTMENT/DIVISION: Joe Dusek Public Works/Utilities ITEM DESCRIPTION: Award Contract for Chlorine Scrubber Maintenance to De Nora Water Technologies, LLC. ITEM NO.: VIII.G. Requested Action Move to: Award contract for Chlorine Scrubber maintenance to De Nora Water Technologies, LLC, in the amount of $49,950.00. Synopsis The Eden Prairie water treatment plant utilizes a chlorine neutralization system which renders serious chlorine leaks, if they ever were to occur, harmless to the public. This system requires periodic, substantial maintenance to assure its functionality. It is time to have this maintenance done to protect the public. Two quotes were received as follows: De Nora Water Technologies, LLC $49,950 Integrity Municipal Systems, LLC $64,750 Background Information Eden Prairie Utilities Division sought proposals to perform this periodic maintenance from two competent environmental waste management contractors. The nature of the work requires includes the removal, disposal, and replacement of 2200 gallons of sodium hydroxide (caustic soda), as well as a complicated process of cleaning the interior components of the system. The contract for these services has been reviewed and satisfactorily adjusted by the City attorney’s staff. Staff recommends approval of the contract with De Nora. Funds for this replacement contract are available in the City’s 2022 water operating budget. Attachment Contract 2017 06 01 Agreement for Contract Services This Agreement (“Agreement”) is made on the 16th day of August, 2022, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and De Nora Water Technologies, LLC, a Pennsylvania limited liability company (hereinafter "Contractor") whose business address is 1110 Industrial Boulevard, Sugar Land, Texas 77478. Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of services by Contractor for rehabilitation of wet chlorine scrubber hereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Scope of Work. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Effective Date and Term of Agreement. This Agreement shall become effective as of August 16, 2022. The Work shall be completed by November 28, 2022. 3. Obligations of Contractor. Contractor shall conform to the following obligations: a. Contractor shall provide the materials and services as set forth in Exhibit A. b. Contractor and its employees will park in service areas or lots and use entries and exits as designated by City. Contractor’s personnel will contact the appropriate person (i.e. receptionist, maintenance personnel, security, etc,) immediately upon entering the building, and will sign in and out if required by City. c. Care, coordination and communication by Contractor is imperative so that guests and employees in the buildings are not disturbed or inconvenienced during the performance of the contracted services. d. Contractor’s personnel must be neat appearing, wear a uniform and badge that clearly identifies them as a service contractor, and abide by City’s no smoking policies. e. Contractor must honor the City’s request to reassign an employee for cause. Cause may include performance below acceptable standards or failure to present the necessary image or attitude, in the judgment of the owner, to present a first class operation. Standard Agreement for Contract Services 2017 06 01.01 Page 2 of 10 f. When necessary, Contractor’s personnel will be provided with keys or access cards in order to perform their work. Any lost keys or cards that result in rekeying a space or other cost to the City will be billed back to the Contractor. 4. City’s Obligations. City will do or provide to Contractor the following: a. Provide access to City properties as appropriate. b. Provide restroom facilities as appropriate. 5. Compensation for Services. City agrees to pay the Contractor a fixed sum of $49,950.00 as full and complete payment for the labor, materials and services rendered pursuant to this Agreement and as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 6. Method of Payment. a. Contractor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City. b. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: “I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid.” c. No fuel surcharges or surcharges of any kind will be accepted nor will they be paid. 7. Project Manager. The Contractor shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the Project Manager without the approval of the City. 8. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible Standard Agreement for Contract Services 2017 06 01.01 Page 3 of 10 for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 9. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. Standard Agreement for Contract Services 2017 06 01.01 Page 4 of 10 d. Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. e. All policies, except the Worker’s Compensation Policy, shall name the “City of Eden Prairie” as an additional insured. f. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations. g. All polices shall contain a waiver of subrogation in favor of the City. h. All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver of subrogation in favor of the City. i. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Agreement. j. Contractor agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. k. It shall be Contractor’s responsibility to pay any retention or deductible for the coverages required herein. l. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor’s Work. Upon request a copy of the Contractor’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. 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 Standard Agreement for Contract Services 2017 06 01.01 Page 5 of 10 to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City’s right to enforce the terms of Contractor’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 10. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 11. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Agreement and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Standard Agreement for Contract Services 2017 06 01.01 Page 6 of 10 Agreement, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Agreement, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to take material steps to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY’S REMEDY OR THE CONTRACTOR’S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials. Except as otherwise provided in this section 11, is expressly understood that Contractor makes no performance guarantee, and the warranties herein shall not apply where failure is due to causes other than defective design, material and/or workmanship, including without limitation faulty installation by others, normal wear and tear, improper operation or maintenance, excessive temperatures or pressures, corrosion, and abuse. EXCEPT AS EXPRESSLY SET FORTH HEREIN, CONTRACTOR DISCLAIMS ALL OTHER WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Any alteration, disassembly, division, modification, storage or use of the materials not in accordance with Contractor’s documentation shall void all warranty obligations of Contractor related to such materials. The City assumes full responsibility in the event Buyer uses the materials in any manner not stated in the City’s written specifications provided prior to the date of this Agreement. The Contractor shall post bonds to secure the warranties. 12. Termination. a. This Agreement may be terminated at any time by either party for breach or non-performance of any provision of this Agreement in accordance with the following. The party (“notifying party”) who desires to terminate this Agreement for breach or non-performance of the other party (“notified party”) shall give the notified party notice in writing of the notifying party’s desire to terminate this Agreement describing the breach or non-performance of this Agreement entitling it to do so. The notified party shall have five (5) days from the date of such notice to cure the breach or non- Standard Agreement for Contract Services 2017 06 01.01 Page 7 of 10 performance. Upon failure of the notified party to do so, this Agreement shall automatically terminate. b. Upon the termination of this Agreement, whether by expiration of the original or any extended term or terms hereof, or for any other reason, Contractor shall have the right, within a reasonable time after such termination to remove from City’s premises any and all of Contractor’s equipment and other property. Except for liability resulting from acts or omissions of a party, arising, taken or omitted prior to such termination, the rights and obligations of each party resulting from this Agreement shall cease upon such termination. Any prior liability of a party shall survive termination of this Agreement. c. In the event of dissolution, termination of existence, insolvency, appointment of a receiver, assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency law, or the service of any warrant, attachment, levy or similar process involving Contractor, City may, at its option in addition to any other remedy to which City may be entitled, immediately terminate this Agreement by notice to Contractor, in which event, this Agreement shall terminate on the notice becoming effective. 13. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. Standard Agreement for Contract Services 2017 06 01.01 Page 8 of 10 GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and 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, the non-breaching party shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. Standard Agreement for Contract Services 2017 06 01.01 Page 9 of 10 24. Non-Discrimination. During the performance of this Agreement, the Contractor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Contractor under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data Standard Agreement for Contract Services 2017 06 01.01 Page 10 of 10 Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Agreement shall contain similar Data Practices Act compliance language. 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. 31. Limitation of Liability. Notwithstanding any other terms in this Agreement, the total aggregate liability of the Contractor for any and all claims and/or causes of action arising out of this Agreement, including but not limited to any warranty claims hereunder, shall not exceed the purchase price payable pursuant to the Agreement. Notwithstanding the above, this limitation of liability shall not apply to claims arising from Contractor’s negligence, willful misconduct or insurance proceeds recovered. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE __________________________________ Mayor ___________________________________ City Manager CONTRACTOR By: ________________________________ Its: Aftermarket & Service Operations Manager_ CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: August 16, 2022 DEPARTMENT/DIVISION: Carter Schulze Public Works / Engineering ITEM DESCRIPTION: I.C. 22833 Award Contract for Goods and Services for Traffic Signal Equipment, Connectivity and Support to Traffic Control Corporation ITEM NO.: VIII.H. Requested Action Move to: Award Contract for Goods and Services for Traffic Signal Equipment, Connectivity and Support to Traffic Control Corporation in the amount of $97,410.00. Synopsis Traffic Control Corporation (TCC) is a traffic signal service and support company that offers products which allow monitoring and connectivity of traffic signal systems. This contract includes the purchase of Field Monitoring Units which will be installed into the City owned traffic signal cabinets allowing remote access and monitoring of those cabinets using cloud-based software. In addition, this contract will allow coordination with other agency signals for a more efficient all-around system. The contract includes optional services provided by TCC that may or may not be utilized but are included in the total contract amount if desired. City staff recommends awarding the contract to Traffic Control Corporation, in the amount of $97,410.00. Background Information MnDOT recently changed their policy and costs for providing operation and maintenance of traffic signals to local agencies who own coordinated signals adjacent to MNDOT signals. This is mainly due to growing costs and the change in technology that is required now to connect those signals back to MnDOT’s central system. Because of this change, the City had a choice to use MnDOT or another vendor to provide this service. The one-time set up cost and annual fee for MnDOT was significantly higher than using TCC. Project Cost Summary The costs for the equipment, installation and annual fee will come from the Public Works Signal Operations and Improvements CIP item using the Transportation Fund. Attachment Contract CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: August 16, 2022 DEPARTMENT / DIVISION: Public Works Gerald Byington / Fleet Services ITEM DESCRIPTION: Replace and Upfit Two Police Vehicles ITEM NO.: VIII.I. Requested Action Move to: Authorize purchase and upfitting of two 2022 Dodge Durango Police Pursuit Vehicles from Guardian Fleet Safety for $91,540.58 Synopsis The Fleet Services Division needs to replace two police patrol units. One unit was damaged beyond repair during a patrol shift and the other was scheduled for replacement based on the City’s equipment replacement policy. The City typically uses the State of Minnesota contract or other cooperative purchasing ventures to purchase vehicles. Unfortunately, this avenue was not available to the City due to dealerships and manufactures canceling orders for 2022 model year police vehicles as a result of supply chain issues and low inventory. The City contacted Guardian Fleet Safety who provides emergency vehicles and upfitting services. Guardian Fleet Safety had two 2022 Dodge Durango police pursuit vehicles available for immediate sale and upfitting with all necessary emergency responder equipment. The vehicles Guardian Fleet Safety had available were originally acquired from an approved State of Minnesota contract. Guardian Fleet Safety is proposing to sell these vehicles to the City at State contract pricing of $69,582.00 plus a sourcing fee of $2,818.00. Guardian Fleet Safety will then upfit these two vehicles for patrol use for a fee of $19,140.58. The Fleet Services Division also contacted other upfitters in an effort to secure a similar proposal for vehicle purchase and upfitting. No other vendor submitted a proposal. Guardian Fleet Safety’s proposal appeared to be the only viable option to quickly source and upfit these two vehicles for immediate patrol use which will ensure maximum community safety. Attachment Agreement Agreement for Contract Services This Agreement (''Agreement") is made on the 16 day of August 2022, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie. MN 55344. and Guardian Fleet Safety, a Minnesota Company (hereinafter "Contractor") whose business address is 7020 MN-24 Clear Lake, MN 55319. Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms, or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of services by Contractor for Vehicle Procurement and Outfitting of Police Patrol Vehicles (hereinafter referred to as the "Work"). The City and Contractor agree as follows: 1. Scope of Work. The Contractor agrees to provide, perform, and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to, or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Effective Date and Term of Agreement. This Agreement shall become effective as of August 16, 2022. The work shall be completed within 45 working days of starting. 3. Obligations of Contractor. Contractor shall conform to the following obligations: a. Contractor shall provide the materials and services as set forth in Exhibit A. b. Contractor and its employees will park in service areas or lots and use entries and exits as designated by City. Contractor's personnel will contact the appropriate person (i.e. receptionist, maintenance personnel, security, etc.) immediately upon entering the building, and will sign in and out if required by City. c. Care, coordination and communication by Contractor is imperative so that guests and employees in the buildings are not disturbed or inconvenienced during the performance of the contracted services. d. Contractor's personnel must be neat appearing, wear a uniform and badge that clearly identifies them as a service contractor, and abide by City's no smoking policies. e. Contractor must honor the City's request to reassign an employee for cause. Cause may include performance below acceptable standards or failure to present the necessary image or attitude, in the judgment of the owner, to present a first-class operation. f. When necessary, Contractor's personnel will be provided with keys or access cards in order to perform their work. Any lost keys or cards that result in rekeying a space or other cost to the City will be billed back to the Contractor. 4. City's Obligations. City will do or provide to Contractor the following: a. Provide access to City properties as appropriate. b. Provide restroom facilities as appropriate. 5. Compensation for Services. City agrees to pay the Contractor $91,540.58 with total payments made not to exceed $91,540.58_as full and complete payment for the labor, materials and services rendered pursuant to this Agreement and as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 6. Method of Payment. a. Contractor shall prepare and submit to City, itemized invoices setting forth work performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City. b. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." c. No fuel surcharges or surcharges of any kind will be accepted, nor will they be paid. 7. Project Manager. The Contractor shall designate a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the Project Manager without the approval of the City. Standard Agreement for Contract Services 2017 06 01.01 Page 2 of 10 l 8. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 9. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph or required by law. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Employer's Liability Commercial General Liability Statutory Limits $500,000 each accident $500,000 disease policy limit $500,000 disease each employee $1,000,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products - Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products- completed operations, personal and advertising injury, and liability assumed under an Standard Agreement for Contract Services 20 I 7 06 0 I.01 Page 3 of IO Standard Agreement for Contract Services 2017 06 01.01 Page 4 of 10 insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain "stop gap" coverage if Contractor obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. e. All policies, except the Worker's Compensation Policy, shall name the "City of Eden Prairie" as an additional insured. f. All policies, except the Worker's Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the "City of Eden Prairie" as an additional insured including products and completed operations. g. All polices shall contain a waiver of subrogation in favor of the City. h. All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver of subrogation in favor of the City. 1. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Agreement. J. Contractor agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City's written acceptance of the Work. k. It shall be Contractor's responsibility to pay any retention or deductible for the coverages required herein. 1. All policies shall contain a prov1s10n or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days' prior notice to the City, except that if the cancellation or non- renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days' prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor's Work. Upon request a copy of the Contractor's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents Standard Agreement for Contract Services 2017 06 01.01 Page 5 of 10 evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City's right to enforce the terms of Contractor's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor's Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: 1. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or 11. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. I 0. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. Standard Agreement for Contract Services 2017 06 01.0 I Page 6 of 10 11. ,Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Agreement and shall be free from defects in materials, workmanship, and operation which appear within a period of one year. or within such longer period as may be prescribed by law or in the terms of the Agreement, from the date of City's written acceptance of the Work. The City's rights under the Contractor's warranty are not the City's exclusive remedy. The City shall have all other remedies available under this Agreement, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY'S REMEDY OR THE CONTRACTOR'S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged or defective work. The Contractor shall post bonds to secure the warranties. 12. Termination. a. This Agreement may be terminated at any time by either party for breach or non- performance of any provision of this Agreement in accordance with the following. The party ("notifying party") who desires to terminate this Agreement for breach or non- performance of the other party ("notified party") shall give the notified party notice in writing of the notifying party's desire to terminate this Agreement describing the breach or non-performance of this Agreement entitling it to do so. The notified party shall have five (5) days from the date of such notice to cure the breach or non- performance. Upon failure of the notified party to do so, this Agreement shall automatically terminate. b. Upon the termination of this Agreement, whether by expiration of the original or any extended term or terms hereof, or for any other reason, Contractor shall have the right, within a reasonable time after such termination to remove from City's premises any and all of Contractor's equipment and other property. Except for liability resulting from acts or omissions of a party, arising, taken or omitted prior to such termination, the rights and obligations of each party resulting from this Agreement shall cease upon such termination. Any prior liability of a party shall survive termination of this Agreement. Standard Agreement for Contract Services 2017 06 01.01 Page 7 of 10 c. In the event of dissolution, termination of existence, insolvency, appointment of a receiver, assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency law, or the service of any warrant, attachment, levy or similar process involving Contractor, City may, at its option in addition to any other remedy to which City may be entitled, immediately terminate this Agreement by notice to Contractor, in which event, this Agreement shall terminate on the notice becoming effective. 13. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, \Vho shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and 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. Standard Agreement for Contract Services 2017 06 01.0 I Page 8 of IO 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City's public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Contractor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Standard Agreement for Contract Services 2017 06 01.0 I Page 9 of 10 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 l 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 rw1 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 maimer above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Contractor under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All governn1ent data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a governn1ent entity. All subcontracts entered into by Contractor in relation to this Agreement shall contain similar Data Practices Act compliance language. 30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager CONTRACTOR Standard Agreement for Contract Services 2017 06 01.0 I Page 10 of 10 l Quote 22-0363 BILL TO 15150 Technology Drive Eden Prairie, MN 55344 Guardian Fleet Safety PO Box 70 Clear Lake, MN 55319 +1 3202454000 INFO SALES REP 2022 Durango #233 Don ITEM QTY COST TOTAL Equipment and Installation for 2022 Dodge Durango #233 for Patrol/Traffic Use Assumes Customer Provided: All equipment that is not listed below (parts list will be added later) Strip: Unit: None Timed Power for Computer Dock and printer. Everything else on/off with ignition. Vehicle 2022 Dodge Durango Pursuit AWD V6 1 36,200.00 36,200.00 Model: WDEE75 VIN: 1C4RDJFG6NC184498 Description: Includes all standard equipment for Durango Pursuit, plus: 3.6: V6 Engine, 8-speed Auto transmission, Black Cloth Bucket Seats w/Rear Vinyl, Entire Fleet Alike Key (Freq 1), and Deactivated Rear Doors/Windows. Dealer installed Engine Block Heater Spotlight Durango Unity Spotlight Assembly with LED Bulb Installed for 2019+ Dodge Durango. 219030-0002 with 8972 Kit. 1 600.00 600.00 DUE DATE 07/10/2022 DATE 07/10/2022 TERMS Net 30 ITEM QTY COST TOTAL CARGO-LIGHT 1 95.64 95.64 White LED Dome light Kit. Includes Three dome lights. Two mounted on hatch and one mounted on inside of cargo area. Greatly improves nighttime visible in retrieving equipment. Power switch mounted on C-Pillar in cargo area for easy access. Low Freq Siren 1 545.78 545.78 SoundOff Signal Aftershock 200-WATT Low Freq Rumbler Siren decal 1 840.00 840.00 3M Decal Kit Custom Non-Reflective Decal White Non-Reflective Roof# 233 Decal White Vinyl Door Wraps (4 Per Kit) Decal Door Edge Protection (6 Per Kit) Expansion Module 1 195.78 195.78 Whelen Expansion Module 16 Outputs WeCANx for CORE Siren System. CEM16 Whelen AMP Dual Tone 1 252.18 252.18 Whelen CEXAMP External Siren Amp for Dual Tone Sirens. 100J Siren Speaker 2 168.44 336.88 SoundOff Signal 100J Siren Speaker Seat Cover Tiger Tough 1 182.00 182.00 Tiger Tough Tactical Seat Cover w/EPPD Patch Floor Mats 1 129.95 129.95 WeatherTech laser measured floor mats. Black, front only. LABOR-SUV-MN 1 3,040.00 3,040.00 Flat Rate Shop Labor to install/program new and customer provided equipment HARNESS 1 335.46 335.46 Guardian Fleet Safety Wiring Harness, Power Distribution Block and Battery Management System SHOP-FULL 1 150.00 150.00 Misc. Shop Supplies for Full Installation, Includes Wire, Loom, Connectors, Fuses, Nuts/Bolts, Screws, Switches etc... Durango Electronics Panels 1 64.00 64.00 Custom made mounting plates for 2021+ Dodge Durango Pursuit. Allows for mounting of electronics in factory storage panels. Taillight - Guardian 1 202.85 202.85 Guardian Fleet Safety rear taillight LED upgrade and flasher system. Replaces the factory halogen bulb with an LED insert and will flash and override to white for reverse for increased visibility. ION 2 114.30 228.60 Whelen ION Single Color rear window. (None Provided by Customer) TION Surface Mount 2 132.94 265.88 Whelen T-ION Dual Color thin surface mount warning light. Install Location: Rear hatch / plate (None Provided by Customer) TION Surface Mount 2 132.94 265.88 Whelen T-ION Dual Color thin surface mount warning light. Install Location: Bottom of hatch (None Provided by Customer) TOTAL DUE $45,770.29 ITEM QTY COST TOTAL ION DUO 2 121.01 242.02 Whelen ION DUO R/W or B/W. 12 LED. White Override. Cargo windows (None Provided by Customer) ION DUO 2 121.01 242.02 Whelen ION DUO R/W or B/W. 12 LED. White Override. Push Bumper (None Provided by Customer) HiNT Tablet / Keyboard 1 664.28 664.28 HiNT Tablet and Keyboard Mount for 2021+ Durango Pursuit. Highly adjustable positioning for keyboard mount to allow for ease of typing. (Customer supplied used mount would not work) Durango Console 1 504.31 504.31 Gamber Johnson 2021+ Dodge Durango Vehicle Specific Center Console with Armrest, Storage Pocket and Cup Holders. Durango Console 1 -150.00 -150.00 TRADE IN CREDIT for Jotto desk Console that would not work very well with other parts supplied. Pre-emption power supply 20.1870PE Pre-Empt Power Supply Only (requires strobe tube) (None Provided by Customer) 1 274.78 274.78 USB Extension Cable 1 12.00 12.00 USB Extension Cable for items to reach docking station. Stalker Short Bracket 2 25.00 50.00 Radar short bracket Mounts Ka-Band antenna to the dash or deck. CITY COUNCIL AGENDA SECTION: Consent Calendar DATE August 16, 2022 DEPARTMENT / DIVISION Jen Hassebroek Public Works/Engineering ITEM DESCRIPTION Approve Second Amendment to Lease and Solar Easement; Memorandum of Lease and Solar Easement for Community Center Solar Garden Project ITEM NO. VIII.J. Requested Action Move to: Approve Second Amendment to Lease and Solar Easement; Memorandum of Lease and Solar Easement for a Community Solar Garden and authorize execution by the Mayor and City Manager. Synopsis CEF Eden Prairie Community Solar, LLC (CEF) intends to develop and build a Community Solar Garden on the roof of the Community Center. The project has been delayed beyond the lease date in both the original document and the First Amendment and needs to be extended. The amendment also clarifies some language and updates documents for easements necessary for the project. The Memorandum of Lease and Solar Easement is needed by CEF to provide notice to third parties (like lenders) that they have the rights to development set forth in this lease. Background Information Unforeseen issues in securing solar PV panels due to supply chain issues and a national embargo on importing solar panels/components has delayed the construction of the community solar garden at the Community Center. As such, it is necessary to extend the lease and easement for the project. Construction is anticipated to start late fall/early spring. Attachments Second Amendment to Lease and Solar Easement Memorandum of Lease and Solar Easement Original Lease and Solar Easement First Amendment to Lease and Solar Easement SECOND AMENDMENT TO LEASE AND SOLAR EASEMENT This Second Amendment to Lease and Solar Easement (“Second Amendment”) is made and entered into the 16th day of August, 2022 by and between the City of Eden Prairie, a Minnesota municipal corporation (“Lessor”) and CEF Eden Prairie Community Solar, LLC, a Minnesota limited liability company (“Lessee”). RECITALS 1. Lessor and Lessee entered into a Lease and Solar Easement dated February 19, 2019 (“Original Lease”), pursuant to which Lessee leases a parcel of real property on the roof of the Eden Prairie Community Center and adjacent property on which to construct and operate a solar energy conversion facility (as defined in the Lease, the “Premises”). The Original Lease was amended by a First Amendment to Lease and Solar Easement dated March 16, 2021 to reflect delays caused by a longer than expected interconnection study process (the Original Lease, as amended, “First Amended Lease”). 2. Lessee has completed a site plan and had a survey performed which more precisely identifies the Premises and related easement areas. The Parties wish to amend the First Amended Lease to reflect the survey and related new legal descriptions for the Premises and related easements. NOW, THEREFORE, in consideration of the foregoing premises, the mutual promises set forth below and in the First Amended Lease, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto agree as follows: AGREEMENT 1. The First Amended Lease is amended as follows: a. Section 3.1(a) is amended by deleting “2022” in the second sentence and replacing the deleted reference with “2023”. b. Section 1.1(c) is amended by adding the following sentence after the existing text: “Characteristics of the expected NSP easement are further described in Sections 3.4 and 5.3(c), and the scope of the expected NSP easement is set forth in Exhibit C-1.” c. Section 7.3(a) is amended by adding the following sentence: “If this Lease expires or is terminated for any reason as provided in Section 2.2, all easements granted to Lessee by Lessor under the Lease shall terminate and be of no further force or effect, including but not limited to the Access Easement described in Section 1.1(b), the easement over the Transmission Premises described in Section 1.1(c), and the solar easement described in Section 1.2, except to the extent necessary and the time allowed for Lessee to complete decommissioning of the Facility as provided in Section 4.3(b).” d. Exhibits A, A-1, B, C, and C-1 are deleted in their entirety and replaced with the Exhibits A, A-1, A-2, B, C, and C-1 respectively, attached to this Second Amendment. 2. Except as expressly amended herein, all the terms and provisions of the First Amended Lease remain in full force and affect. 3. This Second Amendment may be executed in counterparts and by different parties on separate counterparts, all of which shall be considered one and the same agreement and each of which shall be deemed an original. IN WITNESS WHEREOF, the parties have executed this Second Amendment effective as of the day and year first above written. (Signature pages to follow) City of Eden Prairie, a Minnesota municipal corporation By: ______________________________________ Ronald A. Case Its: Mayor By: _____________________________________ Rick Getschow Its: City Manager STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this ____ day of _________, 2022, by Ronald A. Case and Rick Getschow, respectively the Mayor and City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of the corporation. ______________________________________ Notary Public CEF EDEN PRAIRIE COMMUNITY SOLAR, LLC, a Minnesota limited liability company By______________________________________ Its ______________________________________ STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this ____ day of ______________, 2022, by _________________, the _____________ of CEF Eden Prairie Community Solar, LLC, a Minnesota limited liability company, on behalf of the company. ______________________________________ Notary Public This instrument drafted by: Paulson Law Office, Ltd. 4445 West 77th Street Suite 224 Edina, MN 55435 (952) 835-0055 Exhibit A – page 1 EXHIBIT A DESCRIPTION OF LESSOR PROPERTY, PREMISES, AND ACCESS PREMISES 1. Lessor Property A tract in Hennepin County, Minnesota described as follows: THE SOUTH 430.00 FEET OF THE EAST 340.00 FEET OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 116 NORTH, RANGE 22 WEST; AND THAT PART OF LOT 1, BLOCK 1, LORENCE SECOND ADDITION LYING SOUTHERLY AND SOUTHEASTERLY OF A LINE DESCRIBED AS COMMENCING AT THE SOUTHEAST CORNER THEREOF; THENCE NORTH 88 DEGREES 05 MINUTES 12 SECONDS WEST ALONG THE SOUTH LINE OF SAID LOT 1 TO THE SOUTHWEST CORNER THEREOF AND THE POINT OF BEGINNING OF SAID DESCRIBED LINE; THENCE NORTH 83 DEGREES 55 MINUTES 46 SECONDS EAST 77.40 FEET; THENCE SOUTH 88 DEGREES 05 MINUTES 12 SECONDS EAST 85.41 FEET; THENCE NORTH 28 DEGREES 02 MINUTES 45 SECONDS EAST TO THE EAST LINE OF SAID LOT 1 AND SAID LINE THERE ENDING; AND THAT PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER AND OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 8 DESCRIBED AS BEGINNING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER; THENCE NORTHERLY ALONG THE WEST LINE THEREOF TO THE SOUTHEAST LINE OF LORENCE THIRD ADDITION; THENCE NORTHEASTERLY ALONG SAID SOUTHEAST LINE TO THE MOST EASTERLY CORNER OF SAID LORENCE THIRD ADDITION; THENCE NORTHWESTERLY ALONG THE NORTHEAST LINE THEREOF TO THE WEST LINE OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER; THENCE NORTHERLY ALONG SAID WEST LINE TO A POINT 654.29 FEET NORTH OF THE POINT OF BEGINNING; THENCE DEFLECT RIGHT 127 DEGREES 07 MINUTES 29 SECONDS 184.26 FEET; THENCE EASTERLY 527.79 FEET ALONG A TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 560.00 FEET; THENCE EASTERLY ALONG A REVERSE CURVE HAVING A RADIUS OF 1010.00 FEET TO ITS INTERSECTION WITH THE WEST LINE OF THE EAST 80.00 FEET OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER; THENCE NORTH ALONG SAID WEST LINE 526.46 FEET; THENCE EASTERLY PARALLEL WITH THE SOUTH LINE OF THE NORTH HALF OF SAID SECTION 8 TO THE CENTER LINE OF EDEN PRAIRIE ROAD; THENCE SOUTHERLY ALONG SAID CENTER LINE TO A POINT 400.00 FEET NORTH AS MEASURED ALONG SAID CENTER LINE FROM SAID SOUTH Exhibit A – page 2 LINE; THENCE WESTERLY PARALLEL WITH SAID SOUTH LINE TO ITS INTERSECTION WITH A LINE DRAWN PARALLEL WITH SAID CENTER LINE FROM A POINT ON SAID SOUTH LINE 1666.07 FEET WEST FROM THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 8; THENCE SOUTH ALONG SAID PARALLEL LINE TO THE SOUTH LINE THEREOF; THENCE WESTERLY ALONG SAID SOUTH LINE TO THE BEGINNING; EXCEPT THAT PART DESCRIBED AS COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF VALLEY VIEW ROAD AND THE WEST LINE OF THE NORTHEAST QUARTER OF SECTION 8. TOWNSHIP 116 North, RANGE 22 West; THENCE NORTHERLY ALONG SAID WEST LINE 177.36 FEET; THENCE DEFLECT RIGHT 38 DEGREES 20 MINUTES 05 SECONDS A DISTANCE OF 105.94 FEET TO THE POINT OF BEGINNING OF SAID EXCEPTION; THENCE DEFLECT LEFT 90 DEGREES A DISTANCE OF 129.00 FEET; THENCE DEFLECT RIGHT 90 DEGREES A DISTANCE OF 258.00 FEET; THENCE DEFLECT RIGHT 90 DEGREES A DISTANCE OF 129.00 FEET; THENCE DEFLECT RIGHT 90 DEGREES A DISTANCE OF 258.00 FEET TO THE POINT OF BEGINNING OF SAID EXCEPTION, SUBJECT TO ROAD; ALSO THAT PART OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 8 DESCRIBED AS BEGINNING AT THE NORTHEAST CORNER OF LOT 6, BLOCK 5, ROUND LAKE ESTATES 2ND ADDITION SAID NORTHEAST CORNER BEING ON THE NORTH LINE OF SAID NORTH HALF OF THE SOUTHWEST QUARTER; THENCE SOUTHERLY AT RIGHT ANGLES TO SAID NORTH LINE 100.00 FEET; THENCE 593.12 FEET ALONG A TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 1857.00 FEET; THENCE 480.56 FEET ALONG A COMPOUND CURVE TO THE LEFT WITH A RADIUS OF 703.00 FEET; THENCE 190.07 FEET ALONG A COMPOUND CURVE TO THE LEFT HAVING A RADIUS OF 330.00 FEET; THENCE EASTERLY TANGENT TO SAID CURVE TO THE NORTHEAST CORNER OF LOT 4, BLOCK 2 OF SAID ROUND LAKE ESTATES 2ND ADDITION, SAID CORNER BEING ON THE EAST LINE OF THE WEST 293.80 FEET OF THE EAST HALF OF SAID NORTH HALF OF THE SOUTHWEST QUARTER; THENCE SOUTHERLY ALONG SAID EAST LINE TO THE SOUTH LINE OF THE NORTH 1138.00 FEET OF SAID NORTH HALF OF THE SOUTHWEST QUARTER; THENCE EASTERLY ALONG SAID SOUTH LINE TO A LINE RUNNING FROM A POINT IN THE NORTH LINE OF SAID SOUTHWEST QUARTER 997.80 FEET WEST FROM THE NORTHEAST CORNER THEREOF TO A POINT IN THE CENTERLINE OF HIGHWAY NO. 5 1067.20 FEET WEST FROM THE EAST LINE OF SAID SOUTHWEST QUARTER; THENCE CONTINUE EASTERLY ALONG SAID SOUTH LINE OF THE NORTH 1138.00 FEET TO THE EAST LINE OF SAID NORTH HALF OF THE SOUTHWEST QUARTER; THENCE NORTHERLY ALONG SAID EAST LINE TO THE NORTHEAST CORNER THEREOF; THENCE WESTERLY ALONG THE NORTH LINE OF SAID NORTH HALF OF THE SOUTHWEST QUARTER TO THE POINT OF BEGINNING; ALSO THAT PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8 LYING NORTH OF THE NORTH LINE OF KIRK MEADOWS AND WESTERLY OF THE CENTERLINE OF COUNTY ROAD NO. 4; Exhibit A – page 3 ALSO THAT PART OF SECTION 8, TOWNSHIP 116 NORTH, RANGE 22 WEST, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8; THENCE NORTH 2 DEGREES 45 MINUTES 21 SECONDS WEST ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8 A DISTANCE OF 654.29 FEET; THENCE SOUTH 55 DEGREES 37 MINUTES 52 SECONDS EAST A DISTANCE OF 184.26 FEET TO A TANGENTIAL CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 560.00 FEET A CENTRAL ANGLE OF 54 DEGREES 00 MINUTES 00 SECONDS AND AN ARC LENGTH OF 527.79 FEET; THENCE EASTERLY ALONG A REVERSE CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 1010.00 FEET A CENTRAL ANGLE OF 38 DEGREES 00 MINUTES 00 SECONDS AND AN ARC LENGTH OF 669.80 FEET TO THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 2 DEGREES 27 MINUTES 52 SECONDS WEST ALONG SAID WEST LINE OF THE NORTHEAST QUARTER OF SECTION 8 A DISTANCE OF 549.62 FEET; THENCE ON A BEARING OF EAST PARALLEL WITH SAID SOUTH LINE OF THE NORTH HALF OF SECTION 8 A DISTANCE OF 111.89 FEET TO THE POINT OF BEGINNING; THENCE NORTH 35 DEGREES 54 MINUTES 45 SECONDS EAST A DISTANCE OF 63.99 FEET; THENCE SOUTH 69 DEGREES 31 MINUTES 23 SECONDS EAST A DISTANCE OF 15.45 FEET; THENCE EASTERLY ALONG A TANGENTIAL CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 54.11 FEET A CENTRAL ANGLE OF 88 DEGREES 44 MINUTES 26 SECONDS AND AN ARC LENGTH OF 83.80 FEET; THENCE EASTERLY ALONG A REVERSE CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 11.25 FEET A CENTRAL ANGLE OF 89 DEGREES 06 MINUTES 08 SECONDS AND AN ARC LENGTH OF 17.50 FEET; THENCE SOUTH 69 DEGREES 09 MINUTES 41 SECONDS EAST A DISTANCE OF 26.53 FEET; THENCE NORTH 21 DEGREES 04 MINUTES 03 SECONDS EAST A DISTANCE OF 8.00 FEET; THENCE SOUTH 69 DEGREES 09 MINUTES 41 SECONDS EAST A DISTANCE OF 70.67 FEET; THENCE EASTERLY ALONG A TANGENTIAL CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 807.91 FEET A CENTRAL ANGLE OF 40 DEGREES 10 MINUTES 24 SECONDS AND AN ARC LENGTH OF 566.47 FEET; THENCE SOUTH A DISTANCE OF 49.02 FEET; THENCE WEST PARALLEL WITH SAID SOUTH LINE OF THE NORTH HALF OF SECTION 8 A DISTANCE OF 784.26 FEET TO THE POINT OF BEGINNING; EXCEPT THAT PART OF SECTION 8, TOWNSHIP 116 NORTH, RANGE 22 WEST, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8; THENCE NORTH 2 DEGREES 45 MINUTES 21 SECONDS WEST ALONG THE WEST LINE of SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8 A DISTANCE OF 654.29 FEET; THENCE SOUTH 55 DEGREES 37 MINUTES 52 SECONDS EAST A DISTANCE OF 184.26 FEET TO A TANGENTIAL CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 560.00 FEET A CENTRAL ANGLE OF 54 DEGREES 00 MINUTES 00 SECONDS AND AN ARC LENGTH OF 527.79 FEET; THENCE EASTERLY ALONG A REVERSE CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 1010.00 FEET A CENTRAL ANGLE OF 38 DEGREES 00 MINUTES 00 SECONDS AND AN ARC LENGTH OF 669.80 FEET TO THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 2 DEGREES 27 MINUTES 52 SECONDS WEST ALONG SAID WEST LINE OF Exhibit A – page 4 THE NORTHEAST QUARTER OF SECTION 8 A DISTANCE OF 549.62 FEET; THENCE ON A BEARING OF EAST PARALLEL WITH SAID SOUTH LINE OF THE NORTH HALF OF SECTION 8 A DISTANCE OF 111.89 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 35 DEGREES 54 MINUTES 45 SECONDS WEST A DISTANCE OF 308.83 FEET TO A LINE 80.00 FEET WEST OF AND PARALLEL WITH THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 02 DEGREES 27 MINUTES 52 SECONDS WEST ALONG SAID PARALLEL LINE A DISTANCE OF 250.36 FEET; THENCE EAST PARALLEL TO THE SOUTH LINE OF SAID NORTH HALF OF SECTION 8 A DISTANCE OF 191.89 FEET TO THE POINT OF BEGINNING, SUBJECT TO HIGHWAY. 2. Premises The Lessor Improvements consist of the buildings commonly known as the Eden Prairie Community Center located at 16700 Valley View Road, Eden Prairie, Minnesota. The Premises leased by Lessee include the following part of the Lessor Property: That part of the Southeast Quarter of the Northwest Quarter and the Southwest Quarter of the Northeast Quarter of Section 8, Township 116 North, Range 22 West, Hennepin County, Minnesota described as follows: Commencing at the Southwest corner of said Southeast Quarter of the Northwest Quarter; thence North 2 degrees 45 minutes 21 seconds West, assumed bearing, along the west line of said Southeast Quarter of the Northwest Quarter, a distance of 654.29 feet; thence South 55 degrees 37 minutes 52 seconds East a distance of 184.26 feet; thence 527.79 feet along a tangential curve concave to the north having a radius of 560.00 feet and a central angle of 54 degrees 00 minutes 00 seconds; thence easterly along a reverse curve having a radius 1010.00 feet to its intersection with the west line of the East 80.00 feet of said Southeast Quarter of the Northwest Quarter; thence North 2 degrees 27 minutes 52 seconds West, along said west line, a distance of 108.05 feet to the Point of Beginning; thence continuing North 2 degrees 27 minutes 52 seconds West a distance of 167.90 feet; thence North 35 degrees 54 minutes 45 seconds East a distance of 372.82 feet; thence South 69 degrees 31 minutes 23 seconds East a distance of 15.45 feet; thence northeasterly 83.31 feet along a tangential curve concave to the north having a radius of 54.11 feet and a central angle of 88 degrees 44 minutes 26 seconds; thence northeasterly 17.50 feet along a tangential reverse curve concave to the south having a radius of 11.25 feet and a central angle of 89 degrees 06 minutes 08 seconds; thence South 69 degrees 09 minutes 41 seconds East a distance of 26.53 feet; thence South 54 degrees 03 minutes 42 seconds East a distance of 353.59 feet; thence South 35 degrees 56 minutes 18 seconds West a distance of 594.56 feet; thence North 54 degrees 03 minutes 42 seconds West a distance of 335.64 feet to the Point of Beginning. . The Premises shall include all area on and over the roofs on the existing Lessor Improvements as depicted in the diagram attached as Exhibit A-1, as well as an area of land adjacent to and north of the existing Lessor Improvements as depicted in the diagram attached as Exhibit A-2. Exhibit A – page 5 3. Access Premises Driveways to and in the Lessor Property from Eden Prairie Road/Eagle Way/W. 72d Street and related access roads and Valley View Road, the parking lot immediately northwest of the Premises and Lessor Improvements, and all paved and unpaved or improved areas of the Lessor Property necessary to access the Lessor Improvements and Premises, including access to the roofs of the Lessor Improvements from the exterior by ladder or crane at locations to be mutually agreed by the Parties, and from the interior through stairwells and doors designated by Lessor. Any damage to Lessor Property as a result of such access shall be restored and repaired at Lessee’s expense. Exhibit A-1 EXHIBIT A-1 FACILITY LOCATION Exhibit A-2 EXHIBIT A-2 DRAWING OF PREMISES R=1010.00 P.O.B. THE WEST LINE OF THE NE 1/4 OF SEC. 8 S69°31'23"E 15.45 L=83.81, R=54.11 ∆=88°44'26" ChDir=N66°06'24"E L=17.50, R=11.25 ∆=89°06'08" ChDir=N66°17'15"E S69°09'41"E 26.53 N35°54'45"E372.82N2°27'52"W108.05N2°27'52"W167.90S 5 4 ° 0 3 ' 4 2 " E 35 3 . 5 9 N5 4 ° 0 3 ' 4 2 " W 33 5 . 6 4 S35°56'18"W 594.56 WEST LINE OF THE EAST 80.00 FEETTHE EAST LINE OF THE SE 1/4 OF THE NW 1/4 OF SEC. 8 MULTIPLE STORY BLOCK BUILDING #16700 EDEN PRAIRIE COMMUNITY CENTERWEST PARCEL CO MMUNITY CENTER EA S T P A R C E L C O M M U N I T Y C E N T E R EVS PROJECT NUMBER 2022-054 ENGINEERING SURVEYING RENEWABLE ENERGY EVS, INC. 10025 Valley View Road, Suite 140 Eden Prairie, Minnesota 55344 Phone: 952-646-0236 Fax: 952-646-0290 www.evs-eng.com LEASE EXHIBIT AREA: 250,452 SQUARE FEET OR 5.75 ACRES CERTIFICATION: I HEREBY CERTIFY THAT THIS PLAN OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL SURVEYOR UNDER THE LAWS OF THE STATE OF MINNESOTA. ________________________________________ Scott Alwin REGISTRATION NUMBER: 53528 DATE: 2022.06.07 Exhibit B EXHIBIT B DESCRIPTION OF EASEMENT PREMISES AND TRANSMISSION PREMISES 1. Easement Premises The Premises together with that part of the Lessor Property 150 feet southeast, south and southwest of the Premises. 2. Transmission Premises. Portions of the Premises described as follows: (i) A strip from the northeast end of the Facility located on the rooftop portion of the Premises down the exterior wall of the Lessor Improvements to ground level within which electric and communication lines will be located and attached to the Lessor Improvements, and continuing underground to the Point of Interconnection, ten feet in width with the centerline being the as-built locations of the electric lines; and (ii) an area of land northeast of the Lessor Improvements and including the expected locations of Lessee’s ground level transformers and related equipment and NSP’s new transformer equipment serving the Facility, as shown in Exhibit C-1. Exhibit C EXHIBIT C NSP INTERCONNECTION POINT Interconnection will be at a new NSP transformer and related equipment located on the Premises at ground level northeast of the Lessor Improvements as depicted in the diagram attached as Exhibit C-1. Exhibit C-1 EXHIBIT C-1 N2°27'52"W549.62N35°54'45"E63.99S69°31'23"E 15.45 S89°59'48"E 111.89 L=24.14, R=54.11 ∆=25°33'29" ChDir=S82°18'07"E S2°05'45"E 27.86 N87°54'15"E 38.00 N2°05'45"W46.37P.O.B. L=43.43, R=54.11 ∆=45°59'01" ChDir=S61°55'38"W THE WEST LINE OF THE NE 1/4 OF SEC. 8 LINE PARALLEL WITH THE SOUTH LINE OF THE NE 1/4 OF SEC. 8 EVS PROJECT NUMBER ENGINEERING SURVEYING RENEWABLE ENERGY EVS, INC. 10025 Valley View Road, Suite 140 Eden Prairie, Minnesota 55344 Phone: 952-646-0236 Fax: 952-646-0290 www.evs-eng.com UTILITY EASEMENT EXHIBIT CERTIFICATION: I HEREBY CERTIFY THAT THIS PLAN OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL SURVEYOR UNDER THE LAWS OF THE STATE OF MINNESOTA. _______________________________________________ Scott Alwin REGISTRATION NUMBER: 53528 DATE: 2022.05.26 MEMORANDUM OF LEASE AND SOLAR EASEMENT This Memorandum of Lease and Solar Easement (“Memorandum”) is entered into and effective as of August 16, 2022 by and between CEF Eden Prairie Community Solar, LLC, a Minnesota limited liability company (“Lessee”) and the City of Eden Prairie, a Minnesota municipal corporation (“Lessor”). 1. Lessor owns certain real property in Hennepin County, Minnesota (as described in Exhibit A, the “Lessor Property”). Lessor and Lessee entered into a Lease and Solar Easement dated February 19, 2019 (“Lease”) pursuant to which Lessor agrees to lease certain portions of the Lessor Property to Lessee and to grant access and solar easements to Lessee, for Lessee’s construction and operation of a solar photovoltaic facility on the roof of the Eden Prairie Community Center. The Lease was amended by a First Amendment to Lease and Solar Easement dated March 1, 2021 by and between Lessee and Lessor, and by a Second Amendment to Lease and Solar Easement dated August 16, 2022 by and between Lessee and Lessor (as amended, the “Amended Lease”). 2. Term. The term of the Amended Lease is twenty-five (25) years from the date on which Lessee commences commercial generation of electricity using solar energy on the Premises. 3. Successors. The Amended Lease, and all easements and other rights granted by Lessor to Lessee shall burden the Premises, or applicable portions thereof, and shall run with the Premises. The obligations and rights of the Amended Lease in favor of Lessee shall be binding upon Lessor and inure to the benefit of Lessee and its permitted transferees and assignees under the Amended Lease. The solar easement in the Amended Lease is an easement in gross, personal to and for the benefit of Lessee. 4. Miscellaneous. This Memorandum has been executed and delivered by the parties for the purpose of recording and giving notice of the Amended Lease. The terms of the Amended Lease are incorporated by reference into this Memorandum as if set forth fully herein. In the event of any conflict between the terms of the Amended Lease and this Memorandum, the terms of the Amended Lease shall prevail, and nothing in this Memorandum is intended to, nor shall it be interpreted to, amend or modify the term of the Amended Lease. (Signature pages to follow) 2 CITY OF EDEN PRAIRIE, a Minnesota municipal corporation By: Ronald A. Case Its: Mayor By: _______________________________ Rick Getschow Its: City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF ____________ ) The foregoing instrument was acknowledged before me this __ day of _________, 2022 by Ronald A. Case, Mayor of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of the corporation. ________________________________ Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF ____________ ) The foregoing instrument was acknowledged before me this __ day of _________, 2022 by Rick Getschow, City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of the corporation. __________________________________ Notary Public 3 CEF EDEN PRAIRIE COMMUNITY SOLAR, LLC, a Minnesota limited liability company By: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF ____________ ) The foregoing instrument was acknowledged before me this __ day of __________, 2022 by Timothy DenHerder-Thomas, the President of CEF Eden Prairie Community Solar, LLC, on behalf of the company. Notary Public Drafted By: Paulson Law Office, Ltd. 4445 W. 77th Street Suite 224 Edina, MN 55435 (952) 835-0055 Exhibit A – page 1 EXHIBIT A Description of Premises 1. Lessor Property A tract in Hennepin County, Minnesota described as follows: THE SOUTH 430.00 FEET OF THE EAST 340.00 FEET OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 116 NORTH, RANGE 22 WEST; AND THAT PART OF LOT 1, BLOCK 1, LORENCE SECOND ADDITION LYING SOUTHERLY AND SOUTHEASTERLY OF A LINE DESCRIBED AS COMMENCING AT THE SOUTHEAST CORNER THEREOF; THENCE NORTH 88 DEGREES 05 MINUTES 12 SECONDS WEST ALONG THE SOUTH LINE OF SAID LOT 1 TO THE SOUTHWEST CORNER THEREOF AND THE POINT OF BEGINNING OF SAID DESCRIBED LINE; THENCE NORTH 83 DEGREES 55 MINUTES 46 SECONDS EAST 77.40 FEET; THENCE SOUTH 88 DEGREES 05 MINUTES 12 SECONDS EAST 85.41 FEET; THENCE NORTH 28 DEGREES 02 MINUTES 45 SECONDS EAST TO THE EAST LINE OF SAID LOT 1 AND SAID LINE THERE ENDING; AND THAT PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER AND OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 8 DESCRIBED AS BEGINNING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER; THENCE NORTHERLY ALONG THE WEST LINE THEREOF TO THE SOUTHEAST LINE OF LORENCE THIRD ADDITION; THENCE NORTHEASTERLY ALONG SAID SOUTHEAST LINE TO THE MOST EASTERLY CORNER OF SAID LORENCE THIRD ADDITION; THENCE NORTHWESTERLY ALONG THE NORTHEAST LINE THEREOF TO THE WEST LINE OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER; THENCE NORTHERLY ALONG SAID WEST LINE TO A POINT 654.29 FEET NORTH OF THE POINT OF BEGINNING; THENCE DEFLECT RIGHT 127 DEGREES 07 MINUTES 29 SECONDS 184.26 FEET; THENCE EASTERLY 527.79 FEET ALONG A TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 560.00 FEET; THENCE EASTERLY ALONG A REVERSE CURVE HAVING A RADIUS OF 1010.00 FEET TO ITS INTERSECTION WITH THE WEST LINE OF THE EAST 80.00 FEET OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER; THENCE NORTH ALONG SAID WEST LINE 526.46 FEET; THENCE EASTERLY PARALLEL WITH THE SOUTH LINE OF THE NORTH HALF OF SAID SECTION 8 TO THE CENTER LINE OF EDEN PRAIRIE ROAD; THENCE SOUTHERLY ALONG SAID CENTER LINE TO A POINT 400.00 FEET NORTH AS MEASURED ALONG SAID CENTER LINE FROM SAID SOUTH LINE; THENCE WESTERLY PARALLEL WITH SAID SOUTH LINE TO ITS INTERSECTION WITH A LINE DRAWN PARALLEL WITH SAID CENTER LINE FROM A POINT ON SAID SOUTH LINE 1666.07 FEET WEST FROM THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 8; THENCE SOUTH Exhibit A – page 2 ALONG SAID PARALLEL LINE TO THE SOUTH LINE THEREOF; THENCE WESTERLY ALONG SAID SOUTH LINE TO THE BEGINNING; EXCEPT THAT PART DESCRIBED AS COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF VALLEY VIEW ROAD AND THE WEST LINE OF THE NORTHEAST QUARTER OF SECTION 8. TOWNSHIP 116 North, RANGE 22 West; THENCE NORTHERLY ALONG SAID WEST LINE 177.36 FEET; THENCE DEFLECT RIGHT 38 DEGREES 20 MINUTES 05 SECONDS A DISTANCE OF 105.94 FEET TO THE POINT OF BEGINNING OF SAID EXCEPTION; THENCE DEFLECT LEFT 90 DEGREES A DISTANCE OF 129.00 FEET; THENCE DEFLECT RIGHT 90 DEGREES A DISTANCE OF 258.00 FEET; THENCE DEFLECT RIGHT 90 DEGREES A DISTANCE OF 129.00 FEET; THENCE DEFLECT RIGHT 90 DEGREES A DISTANCE OF 258.00 FEET TO THE POINT OF BEGINNING OF SAID EXCEPTION, SUBJECT TO ROAD; ALSO THAT PART OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 8 DESCRIBED AS BEGINNING AT THE NORTHEAST CORNER OF LOT 6, BLOCK 5, ROUND LAKE ESTATES 2ND ADDITION SAID NORTHEAST CORNER BEING ON THE NORTH LINE OF SAID NORTH HALF OF THE SOUTHWEST QUARTER; THENCE SOUTHERLY AT RIGHT ANGLES TO SAID NORTH LINE 100.00 FEET; THENCE 593.12 FEET ALONG A TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 1857.00 FEET; THENCE 480.56 FEET ALONG A COMPOUND CURVE TO THE LEFT WITH A RADIUS OF 703.00 FEET; THENCE 190.07 FEET ALONG A COMPOUND CURVE TO THE LEFT HAVING A RADIUS OF 330.00 FEET; THENCE EASTERLY TANGENT TO SAID CURVE TO THE NORTHEAST CORNER OF LOT 4, BLOCK 2 OF SAID ROUND LAKE ESTATES 2ND ADDITION, SAID CORNER BEING ON THE EAST LINE OF THE WEST 293.80 FEET OF THE EAST HALF OF SAID NORTH HALF OF THE SOUTHWEST QUARTER; THENCE SOUTHERLY ALONG SAID EAST LINE TO THE SOUTH LINE OF THE NORTH 1138.00 FEET OF SAID NORTH HALF OF THE SOUTHWEST QUARTER; THENCE EASTERLY ALONG SAID SOUTH LINE TO A LINE RUNNING FROM A POINT IN THE NORTH LINE OF SAID SOUTHWEST QUARTER 997.80 FEET WEST FROM THE NORTHEAST CORNER THEREOF TO A POINT IN THE CENTERLINE OF HIGHWAY NO. 5 1067.20 FEET WEST FROM THE EAST LINE OF SAID SOUTHWEST QUARTER; THENCE CONTINUE EASTERLY ALONG SAID SOUTH LINE OF THE NORTH 1138.00 FEET TO THE EAST LINE OF SAID NORTH HALF OF THE SOUTHWEST QUARTER; THENCE NORTHERLY ALONG SAID EAST LINE TO THE NORTHEAST CORNER THEREOF; THENCE WESTERLY ALONG THE NORTH LINE OF SAID NORTH HALF OF THE SOUTHWEST QUARTER TO THE POINT OF BEGINNING; ALSO THAT PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8 LYING NORTH OF THE NORTH LINE OF KIRK MEADOWS AND WESTERLY OF THE CENTERLINE OF COUNTY ROAD NO. 4; ALSO THAT PART OF SECTION 8, TOWNSHIP 116 NORTH, RANGE 22 WEST, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8; THENCE NORTH 2 DEGREES 45 MINUTES 21 SECONDS WEST ALONG THE WEST LINE OF Exhibit A – page 3 SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8 A DISTANCE OF 654.29 FEET; THENCE SOUTH 55 DEGREES 37 MINUTES 52 SECONDS EAST A DISTANCE OF 184.26 FEET TO A TANGENTIAL CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 560.00 FEET A CENTRAL ANGLE OF 54 DEGREES 00 MINUTES 00 SECONDS AND AN ARC LENGTH OF 527.79 FEET; THENCE EASTERLY ALONG A REVERSE CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 1010.00 FEET A CENTRAL ANGLE OF 38 DEGREES 00 MINUTES 00 SECONDS AND AN ARC LENGTH OF 669.80 FEET TO THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 2 DEGREES 27 MINUTES 52 SECONDS WEST ALONG SAID WEST LINE OF THE NORTHEAST QUARTER OF SECTION 8 A DISTANCE OF 549.62 FEET; THENCE ON A BEARING OF EAST PARALLEL WITH SAID SOUTH LINE OF THE NORTH HALF OF SECTION 8 A DISTANCE OF 111.89 FEET TO THE POINT OF BEGINNING; THENCE NORTH 35 DEGREES 54 MINUTES 45 SECONDS EAST A DISTANCE OF 63.99 FEET; THENCE SOUTH 69 DEGREES 31 MINUTES 23 SECONDS EAST A DISTANCE OF 15.45 FEET; THENCE EASTERLY ALONG A TANGENTIAL CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 54.11 FEET A CENTRAL ANGLE OF 88 DEGREES 44 MINUTES 26 SECONDS AND AN ARC LENGTH OF 83.80 FEET; THENCE EASTERLY ALONG A REVERSE CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 11.25 FEET A CENTRAL ANGLE OF 89 DEGREES 06 MINUTES 08 SECONDS AND AN ARC LENGTH OF 17.50 FEET; THENCE SOUTH 69 DEGREES 09 MINUTES 41 SECONDS EAST A DISTANCE OF 26.53 FEET; THENCE NORTH 21 DEGREES 04 MINUTES 03 SECONDS EAST A DISTANCE OF 8.00 FEET; THENCE SOUTH 69 DEGREES 09 MINUTES 41 SECONDS EAST A DISTANCE OF 70.67 FEET; THENCE EASTERLY ALONG A TANGENTIAL CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 807.91 FEET A CENTRAL ANGLE OF 40 DEGREES 10 MINUTES 24 SECONDS AND AN ARC LENGTH OF 566.47 FEET; THENCE SOUTH A DISTANCE OF 49.02 FEET; THENCE WEST PARALLEL WITH SAID SOUTH LINE OF THE NORTH HALF OF SECTION 8 A DISTANCE OF 784.26 FEET TO THE POINT OF BEGINNING; EXCEPT THAT PART OF SECTION 8, TOWNSHIP 116 NORTH, RANGE 22 WEST, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8; THENCE NORTH 2 DEGREES 45 MINUTES 21 SECONDS WEST ALONG THE WEST LINE of SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8 A DISTANCE OF 654.29 FEET; THENCE SOUTH 55 DEGREES 37 MINUTES 52 SECONDS EAST A DISTANCE OF 184.26 FEET TO A TANGENTIAL CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 560.00 FEET A CENTRAL ANGLE OF 54 DEGREES 00 MINUTES 00 SECONDS AND AN ARC LENGTH OF 527.79 FEET; THENCE EASTERLY ALONG A REVERSE CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 1010.00 FEET A CENTRAL ANGLE OF 38 DEGREES 00 MINUTES 00 SECONDS AND AN ARC LENGTH OF 669.80 FEET TO THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 2 DEGREES 27 MINUTES 52 SECONDS WEST ALONG SAID WEST LINE OF THE NORTHEAST QUARTER OF SECTION 8 A DISTANCE OF 549.62 FEET; THENCE ON A BEARING OF EAST PARALLEL WITH SAID SOUTH LINE OF THE NORTH HALF OF SECTION 8 A DISTANCE OF 111.89 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 35 DEGREES 54 MINUTES 45 SECONDS WEST A DISTANCE OF 308.83 FEET Exhibit A – page 4 TO A LINE 80.00 FEET WEST OF AND PARALLEL WITH THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 02 DEGREES 27 MINUTES 52 SECONDS WEST ALONG SAID PARALLEL LINE A DISTANCE OF 250.36 FEET; THENCE EAST PARALLEL TO THE SOUTH LINE OF SAID NORTH HALF OF SECTION 8 A DISTANCE OF 191.89 FEET TO THE POINT OF BEGINNING, SUBJECT TO HIGHWAY. 2. Premises The Lessor Improvements consist of the buildings commonly known as the Eden Prairie Community Center located on the Lessor Property at 16700 Valley View Road, Eden Prairie, Minnesota. The Premises leased by Lessee include the following portion of the Lessor Property: That part of the Southeast Quarter of the Northwest Quarter and the Southwest Quarter of the Northeast Quarter of Section 8, Township 116 North, Range 22 West, Hennepin County, Minnesota described as follows: Commencing at the Southwest corner of said Southeast Quarter of the Northwest Quarter; thence North 2 degrees 45 minutes 21 seconds West, assumed bearing, along the west line of said Southeast Quarter of the Northwest Quarter, a distance of 654.29 feet; thence South 55 degrees 37 minutes 52 seconds East a distance of 184.26 feet; thence 527.79 feet along a tangential curve concave to the north having a radius of 560.00 feet and a central angle of 54 degrees 00 minutes 00 seconds; thence easterly along a reverse curve having a radius 1010.00 feet to its intersection with the west line of the East 80.00 feet of said Southeast Quarter of the Northwest Quarter; thence North 2 degrees 27 minutes 52 seconds West, along said west line, a distance of 108.05 feet to the Point of Beginning; thence continuing North 2 degrees 27 minutes 52 seconds West a distance of 167.90 feet; thence North 35 degrees 54 minutes 45 seconds East a distance of 372.82 feet; thence South 69 degrees 31 minutes 23 seconds East a distance of 15.45 feet; thence northeasterly 83.31 feet along a tangential curve concave to the north having a radius of 54.11 feet and a central angle of 88 degrees 44 minutes 26 seconds; thence northeasterly 17.50 feet along a tangential reverse curve concave to the south having a radius of 11.25 feet and a central angle of 89 degrees 06 minutes 08 seconds; thence South 69 degrees 09 minutes 41 seconds East a distance of 26.53 feet; thence South 54 degrees 03 minutes 42 seconds East a distance of 353.59 feet; thence South 35 degrees 56 minutes 18 seconds West a distance of 594.56 feet; thence North 54 degrees 03 minutes 42 seconds West a distance of 335.64 feet to the Point of Beginning. 2. Access Premises Driveways to and in the Lessor Property owned by Lessor from Eden Prairie Road/Eagle Way/W. 72d Street and related access roads and Valley View Road, the parking lot immediately northwest of the Premises and Lessor Improvements, and all paved and unpaved or improved areas of the Lessor’s property necessary to access the Lessor Improvements and Premises, including access to the roofs of the Lessor Improvements from the exterior by ladder or crane at locations to be mutually agreed by the Parties, and from the interior through stairwells and doors designated by Lessor. 3. Transmission Premises. Portions of the Premises described as follows: Exhibit A – page 5 (i) A strip from the northeast end of the Facility located on the rooftop portion of the Premises down the exterior wall of the Lessor Improvements to ground level within which electric and communication lines will be located and attached to the Lessor Improvements, and continuing underground to the Point of Interconnection, ten feet in width with the centerline being the as-built locations of the electric lines; and (ii) an area of land northeast of the Lessor Improvements and including the expected locations of Lessee’s ground level transformers and related equipment and NSP’s new transformer equipment serving the Facility, as shown in Exhibit C-1. 4. Solar Easement Premises The Premises, together with that part of the Lessor Property 150 feet southeast, south and southwest of the Premises. Exhibit C-1 EXHIBIT C-1 N2°27'52"W549.62N35°54'45"E63.99S69°31'23"E 15.45 S89°59'48"E 111.89 L=24.14, R=54.11 ∆=25°33'29" ChDir=S82°18'07"E S2°05'45"E 27.86 N87°54'15"E 38.00 N2°05'45"W46.37P.O.B. L=43.43, R=54.11 ∆=45°59'01" ChDir=S61°55'38"W THE WEST LINE OF THE NE 1/4 OF SEC. 8 LINE PARALLEL WITH THE SOUTH LINE OF THE NE 1/4 OF SEC. 8 EVS PROJECT NUMBER ENGINEERING SURVEYING RENEWABLE ENERGY EVS, INC. 10025 Valley View Road, Suite 140 Eden Prairie, Minnesota 55344 Phone: 952-646-0236 Fax: 952-646-0290 www.evs-eng.com UTILITY EASEMENT EXHIBIT CERTIFICATION: I HEREBY CERTIFY THAT THIS PLAN OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL SURVEYOR UNDER THE LAWS OF THE STATE OF MINNESOTA. _______________________________________________ Scott Alwin REGISTRATION NUMBER: 53528 DATE: 2022.05.26 CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: August 16, 2022 DEPARTMENT/DIVISION: Rod Rue Public Works / Engineering ITEM DESCRIPTION: I.C. 22824 Receive Petition for Willow Creek Road Improvements ITEM NO.: VIII.K. Requested Action Move to: Adopt Resolution receiving petition for Willow Creek Road Improvements, I.C. 22824 Synopsis A petition was received from several Willow Creek Road residents requesting consideration for sanitary sewer, watermain, and stormwater improvements. The petitions represent about 50% of the neighborhood properties and 58% of the property owners since some residents own multiple properties. The resolution instructs the City Engineer to draft and present a feasibility report to the city council to determine whether the proposed improvements are necessary, cost-effective, and feasible. If the resolution is adopted, staff will bring forward a professional services agreement for a consultant to assist with the preliminary design and feasibility study. Background Information This neighborhood has existed for many decades with private wells and septic systems. Over the years residents have inquired about city utilities but have not come forward with a petition for such improvements until now. With the unusual lot sizes and topography, serving this area with city utilities will be a challenge that will require significant engagement with the neighborhood and city council. Attachments Resolution Petitions (15) from Willow Creek Road residents Neighborhood map CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2022- RESOLUTION RECEIVING PETITION FOR PUBLIC IMPROVEMENTS WHEREAS, the City of Eden Prairie has received a petition for: Sanitary sewer, watermain, and stormwater improvements on Willow Creek Road (I.C. 22824) NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: 1. A certain petition requesting improvements of Willow Creek Road filed with the City Council on August 16, 2022, is hereby declared to be signed by the required percentage of property owners affected thereby. This declaration is made in conformity to Minnesota State Statute 429.035. 2. The petition for the proposed Improvements on Willow Creek Road is hereby referred to the City Engineer who is instructed to draft and present a feasibility report to the council with all convenient speed advising the council on a preliminary way as to whether the proposed improvements are necessary, cost-effective, and feasible; whether it should best be made as proposed or in connection with some other improvement; the estimated cost of the improvements as recommended; and a description of the methodology used to calculate individual assessments for the affected parcels. ADOPTED by the Eden Prairie City Council on August 16, 2022. ____________________________________ Ronald A. Case, Mayor ATTEST: SEAL ______________________________ Katie O’Connor, Deputy City Clerk 703770397041703070127011713071407160722172407251716171417121 WILLOW CREEKRDBRYANT LAKECR OW N O A K DR BRYAN T L A K E D R G:\Engineering\IC#s\1-ACTIVE Folders\22824 Willow Creek Road Improvements\06 Design\Exhibits\Property Exhibit.dwg City of Eden PrairieWILLOW CREEK ROAD IMPROVEMENT PROJECTDATE: 08/03/2022Proj. 22824WILLOW CREEK ROAD PROPERTY EXHIBITEX-1NORTHPETITIONERSPROJECT STUDY BOUNDARYONE OWNER - MULTIPLE PROPERTIES CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: August 16, 2022 DEPARTMENT/DIVISION: Ashton Kogel Public Works / Engineering ITEM DESCRIPTION: #22806 Approve Change Order No. 1 for the 2022 Pavement Management Project ITEM NO.: VIII.L. Requested Action Move to: Approve Change Order #1 for the 2022 Pavement Management project in the amount of $117,551.74. Synopsis Change Order #1 consists of additional costs as a result of unanticipated poor subgrade conditions on a portion of Heathbrook Drive that lies within the pavement management project area. The standard mill and overlay or reclamation strategies were not possible in this area; a solution of utilizing Portland cement stabilized reclamation was selected. Change Order #1 also consists of additional costs associated with adjusting manholes and gate valves on certain streets within the full-depth reclamation project areas. Adjustment of these structures allowed for the contractor to obtain better compaction and more accurate grades in critical areas of the project. The change order reflects the additional costs of implementing the Portland cement stabilization and the adjustment of manholes and gate valves. Staff recommends approval of the additional costs. Background Information The project started in early July 2022, the project will be completed in early September. Change Order #1 is for the materials needed to provide the necessary subgrade corrections in order to provide a stable subgrade to place the bituminous mat as well as the adjustment of certain manholes and gate valves. More detail is included with the attached change order. Financial Implications With this change order, the total contract amount increases from $4,137,063.00 to $4,254,614.74. Funding sources for this project include the Operating and Maintenance budget for mill and overlays and Pavement Management Funds. Attachment Change Order #1 CITY COUNCIL AGENDA SECTION: Consent Calendar DATE August 16, 2022 DEPARTMENT / DIVISION Scott Riley Public Works/Streets ITEM DESCRIPTION Approve Agreement for the Purchase and Installation of Vaisala Road and Weather Information System Station ITEM NO. VIII.M. Requested Action Move to: Approve agreement with Vaisala Inc. for the purchase and installation of a Road and Weather Information Station, in the amount of $42,371.00. Synopsis Vaisala Road and Weather Information System (RWIS) parts are available for purchase through the current State of Minnesota Cooperative Purchasing Venture contracts which the City of Eden Prairie uses from time to time. The City of Eden Prairie requested a quote from Vaisala for the purchase and installation of a new RWIS station and found the quoted price ($42,371.00) was lower than the same system parts listed in the State of Minnesota CPV contract. Furthermore, the State of Minnesota Cooperative Purchasing Venture contract only included parts and not installation. Because the quoted price was lower than the State Contract pricing, and because it also included installation, the City will be saving several thousands of dollars. The City also currently owns two other Vaisala RWIS station systems located across the City. The technology which operates this new station will be compatible with our current RWIS system hardware which will allow for seamless data web hosting and universal mobile sharing of this information with all members of the snowplow team. Background Information The City of Eden Prairie Snow Removal Team utilizes many outlets for information gathering during Snow and Ice Events, but the most effective tools we have for real time monitoring of weather and road conditions in Eden Prairie are our two RWIS Stations located in two corners of the city. With the ability to login from any device anywhere and receive real time information our stations are extremely useful for monitoring road conditions and assisting staff with decision making during an event and when staff is home on weekends, holidays, and at night during non-staffed hours of operation. Eden Prairie can have varying road conditions across the city during an event and the two current RWIS stations only cover two corners of the city so it would be beneficial to add another strategically placed RWIS to the system to help with decision making. Attachment Signed Contract 2017 06 10 Restricted Contract for Goods and Services This Contract (“Contract”) is made on the 16th day of August, 2022, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Vaisala Inc., (hereinafter "Vendor") whose business address is 194 South Taylor Avenue, Louisville, Colorado 80027. . Preliminary Statement The City has adopted a policy regarding the selection and hiring of vendors to provide a variety of goods and/or services for the City. That policy requires that persons, firms or corporations providing such goods and/or services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of goods and/or services by Vendor for Furnishing and Installation of a RWS200 Road Weather Station hereinafter referred to as the "Work". The City and Vendor agree as follows: 1. Scope of Work. The Vendor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Term of Contract. All Work under this Contract shall be provided, performed and/or completed by December 31, 2022. 3. Compensation for Services. City agrees to pay the Vendor a fixed sum of $42,371.00 as full and complete payment for the goods, labor, materials and/or services rendered pursuant to this Contract and as described in Exhibit A. 4. Method of Payment. Vendor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. 5. Standard of Care. Vendor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. 6. Insurance. a. General Liability. Vendor shall maintain a general liability insurance policy with limits of at least $1,000,000.00 for each person, and each occurrence, for both personal injury and property damage. Vendor shall provide City with a Certificate of Insurance verifying insurance coverage before providing service to the City. b. Worker's Compensation. Vendor shall secure and maintain such insurance as will protect Vendor from claims under the Worker's Compensation Acts and from claims Standard Purchasing Contract 2017 06 01 Page 2 of 7 Restricted for bodily injury, death, or property damage which may arise from the performance of Vendor’s services under this Contract. c. Comprehensive Automobile Liability. Vendor shall maintain comprehensive automobile liability insurance with a $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) 7. Indemnification. Vendor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Vendor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Vendor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Vendor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 8. Warranty. The Vendor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Contract, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity. If any product proves to be nonconforming in workmanship or material within the period(s) herein provided, Vendor will undertake to repair or at Vendor's option replace the nonconforming product or part thereof free of charge. Product so repaired or replaced shall have a six (6) months warranty period from the date of delivery and otherwise on the same conditions as for the original product or part thereof, unless the original warranty period extends beyond the six (6) months warranty period, in which case the original warranty period applies. Vendor shall have the option to repair the product at a Vaisala facility of its choosing or on site. Nonconforming products replaced in accordance with the warranty shall be placed in Vendor's possession for disposal. The City may not exercise any other remedy until Vendor has been given the opportunity to repair or replace under this paragraph. Vendor's warranty is subject to the following conditions: a) a written claim as to any alleged nonconformity shall have been made within thirty (30) days after the nonconformity occurred or became known. 9. Termination. This Contract may be terminated by either party by seven (7) days' written notice delivered to the other party at the addresses written above. Upon termination under this provision if there is no fault of the Vendor, the Vendor shall be paid for services rendered until the effective date of termination. Standard Purchasing Contract 2017 06 01 Page 3 of 7 Restricted 10. Independent Contractor. At all times and for all purposes herein, the Vendor is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Vendor an employee of the City. 11. Subcontract or Assignment. Vendor shall not subcontract any part of the services to be provided under this Contract; nor may Vendor assign this Contract, or any interest arising herein, without the prior written consent of the City. 12. Services Not Provided For. No claim for services furnished by Vendor not specifically provided for in Exhibit A shall be honored by the City. GENERAL TERMS AND CONDITIONS 14. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. 15. Compliance with Laws and Regulations. In providing services hereunder, the Vendor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Contract and entitle the City to immediately terminate this Contract. 16. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. 17. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. 18. Damages and Limit of Liability. In the event of a breach of this Contract by the City, Vendor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. Except in the case of Vendor’s gross negligence, willful misconduct or fraud, Vendor's maximum liability to City shall not exceed the total compensation paid to Vendor under this Contract. 19. Employees. Vendor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Vendor prior to termination of this Contract and for one (1) year thereafter, without prior written consent of the former employer in each case. 20. Enforcement. The Vendor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract. Standard Purchasing Contract 2017 06 01 Page 4 of 7 Restricted 21. Entire Contract, Construction, Application and Interpretation. This Contract is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 22. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 23. Non-Discrimination. During the performance of this Contract, the Vendor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Vendor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Vendor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Vendor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 24. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Contract if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 25. Rights and Remedies. The duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 26. Services Not Provided For. No claim for services furnished by the Vendor not specifically provided for herein shall be honored by the City. Standard Purchasing Contract 2017 06 01 Page 5 of 7 Restricted 27. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 28. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Vendor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Vendor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Contract is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Vendor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Vendor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Vendor in relation to this Contract shall contain similar Data Practices Act compliance language. 29. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not affect, in any respect, the validity of this Contract. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE __________________________________ Mayor ___________________________________ City Manager VENDOR By: ________________________________ Its: _______________________________ Vaisala Inc. Contracts Specialist August 9, 2022 Standard Purchasing Contract 2017 06 01 Page 6 of 7 Restricted Exhibit A Standard Purchasing Contract 2017 06 01 Page 7 of 7 Restricted CITY COUNCIL AGENDA SECTION: Public Hearings DATE: August 16, 2022 DEPARTMENT/DIVISION: Community Development/Planning Julie Klima/ Beth Novak-Krebs ITEM DESCRIPTION: Eden Prairie Multifamily ITEM NO.: IX.A. Requested Action Move to: • Close the Public Hearing; and • Adopt a Resolution for a Guide Plan Change from Office to Medium High Density Residential on 7.01 acres • Adopt a Resolution for a Planned Unit Development Concept Review on 7.01 acres, • Approve the 1st Reading of an Ordinance for the Planned Unit Development District Review with waivers on 7.01 acres and a Zoning Change from Rural to RM-2.5 on 7.01 acres, subject to the plans being revised to show “Proof of Parking” consistent with staff’s recommendation • Adopt a Resolution for a Preliminary Plat of one Outlot into one Lot on 7.01 acres • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions • Adopt a Resolution for the Findings of Fact in Support of Park Dedication Fees Synopsis The applicant is seeking approval to construct a 211-unit multifamily apartment building on a 7-acre property located in the northwest quadrant of the intersection of Valley View Road and Topview Road. The property is currently undeveloped. The site has rolling topography, a wetland area, and wooded areas. Surrounding uses include commercial to the west and south, a church and single family residential to the north and single family residential to the east. The proposed building is 5 stories with one level of underground parking. The project also includes some surface parking. The proposal includes alcove (studio) units, 1-bedroom, and 2-bedroom units. In addition, there are interior amenities such as a club room, fitness center, game room, co-working space and exterior amenities such as a pool, outdoor dining areas, fire pit lounge, bocce ball court, dog run, etc. The project is guided Office and zoned Rural. The applicant is requesting approval of a Comprehensive Plan Amendment to reguide the property to Medium High Density Residential and a rezoning from Rural to RM-2.5. The proposed density of 30 units per acre is consistent with the requested Comprehensive Plan designation. Background PLANNING COMMISSION RECOMMENDATION At the June 27, 2022 meeting, the Planning Commission voted 6-1 and one abstention to recommend approval of the project to the City Council subject to conditions. The minutes from the meeting are attached. PARK DEDICATION The areas outside of the developable portion of the site include a wetland, a low area, and a wooded area. The wetland will be protected by a conservation easement that prohibits development. The project does not have any portion of land guided or identified for parkland. The City’s expectation is that the applicant pay cash park fees in lieu of dedicating land for parks. This project includes 211 residential units that are likely to generate a number of users of City parks, trails and sidewalks. At an average of 2.5 persons per unit, the number of residents could equal 528 persons that are expected to use the park system. The Project provides a pedestrian connection to the public sidewalk on the north side of Valley View Road providing access to public trails, parks and open spaces, further increasing the likelihood that residents of the Project will use the City’s trails, parks, and open spaces. The public sidewalk provides access to Willow Park, which is approximately ¼ mile west of the project and Topview Park, which is approximately ¼ mile to the north and east of the project. The City’s Pedestrian and Bicycle Plan includes a recommendation to replace the sidewalk on the north side of Valley View Road with a shared use paved path. There is an essential nexus between requiring the cash park fees for the Project and the City’s goal of providing a high-quality park system for all individuals who live or work in the City, including the large number of anticipated residents of the Project. The need for parkland created by the Project is roughly proportional to the cash park fee amount required by the City’s fee ordinance. The cash park fees may be used to make future anticipated park improvement projects and to make trail improvements in the area. PARKING City Code requires 1 parking stall per alcove or studio unit and 2 stalls for the 1-bedroom and 2-bedroom units. There are 34 alcove units, 98 one-bedroom units and 79 two-bedroom units. The proposal requires 34 parking stalls for the alcove units and 354 parking stalls for the remaining units for a total requirement of 388 parking stalls. The proposal distributed to the Planning Commission included 252 total parking stalls on the site. Just prior to the Planning Commission meeting, the applicant modified the underground parking structure and added 16 additional parking stalls, increasing the total number of parking stalls provided on-site from 252 to 268. The Planning Commission voted on the project with this additional information. Shortly after the Planning Commission meeting, in response to the Commission’s conditions related to parking, the applicant revised the plan with 20 additional underground spaces and provided a memo. Of the 20 added stalls in the parking structure, 14 of these are compact in size (8 x 16 where 9 x 18 is required). This is addressed as a proposed waiver. The parking requirements and proposals are summarized in the following table: Parking Number of Units Calculated Requirement Original Proposal Post Planning Commission proposal One stall/ studio 1 x 34 34 34 34 Two stalls/ 1 and 2 BR 2 x 177 354 218 238 Total Parking Required/ Proposed 388 252 272 1 and 2 BR Ratio 2 1.23 1.34 The memo noted 3 options a, b, an c. While there have been parking waivers approved for recent multifamily projects, these waivers were at 1.6 parking stalls per unit or higher. These waivers are summarized in the attached Planning Commission Staff Report. If the parking were to prove to be insufficient, this project has few options to address the issue. Parking is not allowed on the adjacent streets, and the current site design restricts surface parking, and the closest bus stop is at the corner of Prairie Center Drive and Valley View Road, which is over ¼ mile from the front door of apartment building. The Ryan Companies memo (Ryan Companies Memo dated 8/1/2022) that was submitted in response to the Planning Commission’s conditions is attached. The applicant has agreed to provide at least one parking lease per unit with the remaining 61 stalls being made available to the 1-bedroom and 2-bedroom units on a first come first served basis. In the Ryan Companies memo dated 8/1/2022, the applicant proposes 3 successive actions, to be used in the following order, if the proposed parking proves to be insufficient. • Option A – The applicant is working on a parking agreement with the office building to the west for 70 parking stalls for overflow parking on evenings and weekends. They have agreement in principle. They note the property owner to the west would reserve the right to discontinue the agreement in the event that the property is redeveloped. • Option B – In the event that Option A is insufficient to meet the parking demand, the applicant is proposing an expansion of the surface parking by 65 stalls with new parking located west and northeast of the current parking lot. This would require removing the surface stormwater management and installing underground chambers for that function. Option B alone brings the parking ratio for the 1-bedroom and 2-bedroom units from 1.34 to 1.7 stalls per unit. • Option C – In the event that Options A and B are insufficient to meet the parking demand, the applicant is proposing an expansion of the underground parking structure. This expansion would provide 49 parking stalls. Staff Analysis of Parking Proposal Given the non-perpetual nature of the private agreement, Option A is not a viable long-term option, but could serve adequately for visitor parking. It is not reasonable to expect residents of the project to park off-site at a distance of approximately 800 feet from the apartment building. Furthermore, this option would require residents to move their cars during daytime business hours when the office building tenants need the parking. The approach proposed in Option A has not been approved by the City for other multifamily projects. Staff recommends the applicant enter into an agreement with the property owner to the west primarily for visitor parking. This would eliminate the need to provide visitor parking on the site and it would allow those on-site stalls to be used by the residents. Staff recommends the agreement be in place prior to the second reading. Options B and C are the most feasible long-term options for resident parking. Staff recommends that, prior to the 2nd reading, the applicant revise the plans consistent with option B, showing the “proof of parking” and adjusting the plans, including the stormwater, utility, grading, and open space plans, with the intention of preparing the site to support the potential future construction of “proof of parking.” This revision would add 65 “proof of parking” stalls, which would provide a ratio of 1.71 parking stalls. City Code allows only 15% of the required parking to be shown as “proof of parking”, this scenario provides 16.7% “proof of parking.” A waiver from this standard would be required, which staff supports. STEEP SLOPE PERMIT The property includes slopes over 12%. Therefore, the development of this project requires approval of a Steep Slope Permit. By approving this plan, approval of the Steep Slope Permit is granted. LANDSCAPING AND TREE REPLACEMENT The proposed landscaping for the project complies with City Code Requirements. The Landscaping Plan also includes 77 caliper inches beyond what is required for landscaping. Applying the 77 caliper inches toward Tree Replacement still leaves a deficit for Tree Replacement. In order to comply with the tree replacement, the applicant is proposing to pay the fee in lieu of tree replacement for 63 caliper inches. INCLUSIONARY HOUSING Consistent with TIF statutory requirements, the applicant is proposing at least 20% of units affordable to households earning 50% or less of the area median income (AMI). Under the City’s Inclusionary Housing (IH) Ordinance any project receiving TIF assistance must also provide an additional 5% affordable to households at or below 80% of AMI in perpetuity. The applicant is complying with the IH requirement. Affordable units must match market rate units and be equitably spread among bedroom types and location within the building. BUILDING ARCHITECTURE The building is designed with recesses and projections, color variations, and a variety of material that provides visual variety. The brick along the first level of the building unifies all of the facades. Brick and glass are used on all sides of the building with varying percentages of fiber cement siding. Although fiber cement siding is considered a Class I building material in the RM-2.5 Zoning District, staff encouraged the applicant to increase the amount of brick on the building. Brick projects a feeling of permanence, quality, and timelessness. After several conversations with the applicant and several changes to the plans, the overall percentage of brick on the building was increased from 8% on the original submittal to 17% on the most current plans included in your packet. At the Planning Commission meeting, some of the residents living in the neighborhood north of the proposed project had concerns about the view of the building from their homes. The applicant prepared a cross section showing the view looking south from the neighborhood. The cross section is included in the plans for the project. TRAFFIC A traffic analysis was prepared for the proposed project. Based on the proposed units, the residential development is expected to generate 78 a.m. peak hour and 83 p.m. peak hour trips and 962 daily site trips. The 2024 build condition intersection capacity analysis indicates that all study intersections (Valley View Road intersecting with Topview Road, Prairie Center Drive and the Home Depot/Strip Mall access) operate at overall levels of service C or better during weekday a.m. and p.m. peak hours. The same level of service as was currently observed. Also, no significant queues or side-street delays are expected. The development is proposing a single right-in/right-out access on Valley View Road approximately 670 feet west of the Topview/Plaza Dr intersection, which does meet Hennepin County’s intersection spacing criteria. Due to the single access point, site distances were reviewed and determined to be adequate for u-turn movements at adjacent intersections assuming no opposing left turn large trucks or other blockages. Additional eastbound protected phasing could be provided at the Topview Rd signal if delay issues persist. One other accommodation made with the single access point was to add a median opening for emergency services on Valley View Rd. SIGNS The applicant is requesting a waiver to allow the wall sign to be 6 square feet larger than permitted. Staff supports the waiver because the free-standing sign is 10.8 square feet smaller than allowed and the overall square footage between the two signs is 33.2 square feet, which is less than the total allowable 38 square feet. In the past, the City has been flexible in the application of sign size allowances when maintaining and redistributing the overall sign area allowed on a site. SUSTAINABILITY The applicant will be incorporating a number of sustainable elements into the project as detailed in the attached Sustainable Features Analysis. Some of the features from the analysis include: • bike racks with secure storage, • energy efficient lighting, • energy star appliances, • low-flow and WaterSense fixtures, • solar ready with conduit to facilitate future solar installation • 89 EV capable parking stalls. Staff recommends that 4 of the EV stalls be fully equipped with EV charging infrastructure and be fully operational at time of occupancy. This will be covered in the development agreement. 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 30 units per acre. City Code allows a maximum density of 17.4 units per acre in the proposed RM-2.5 Zoning District. The applicant is proposing 211 units. Using the current size of the site (7.01 acres), the density is 30 units per acre. The density is appropriate for this site and is consistent with the requested Comprehensive Plan amendment. There are commercial and office uses to the south and west of the proposed project. The project would serve as a transition to the single family uses to the north. The building is positioned on the south side of the site with a natural vegetation buffer along the north property line between the building and the single family uses to the north. 2. Building Height from 45 feet to 64.76 feet. City Code allows a maximum height of 45 feet in the RM-2.5 Zoning District. The proposed building height is 64.75 feet. The site is low on the south side where the building is proposed and the topography rises in the back nearly 30 feet up to Topview Road and 20 feet to the rear property line. The impact of the additional height is mitigated by the topography on the site. 3. Total Parking Stalls from 388 to 337 and Covered Parking Stalls from 194 to 119 City Code requires 1 parking stall per studio unit and 2 stalls for each 1-bedroom and 2- bedroom unit. There are 34 studio units and 177 1- and 2-bedroom units. The total required parking is 388 stalls. The proposal, with Option B as recommended by staff, a total of 337 parking stalls. The plan would include 119 underground parking stalls, 153 surface parking stalls and 65 surface stalls shown as “proof of parking stalls.” The waiver is conditioned on the applicant complying with the following staff recommendations, to be incorporated into the Development Agreement and acknowledged by the Developer: a. The applicant must provide at least one parking lease per unit, b. The remaining parking stalls can be allocated by the applicant as appropriate, c. The parking leases shall not exceed the number of parking stalls provided on the property, c. The applicant must provide visitor parking on the adjacent office property through a written agreement with that owner, to be provided prior to second reading, d. Prior to second reading, revise the plans consistent with option B, showing the “proof of parking” and adjusting the plans, including the stormwater, utility, grading, and open space plans, with the intention of preparing the site to support the potential future construction of the “proof of parking” stalls. 4. Wall Sign from 6 Square Feet to 12 Square Feet City Code allows one wall sign per building not to exceed 6 square feet in the residential zoning districts. The proposal includes a sign on the canopy above the main entrance that measures 12 square feet. The project also includes a free-standing sign that is 21.2 square feet, which is 10.8 square feet less than the allowable 32 square feet. The waiver request is to allow a redistribution of 6 square feet from the free-standing sign to the wall sign. The waiver allows a 12 square foot wall sign and limits the maximum allowable sign area for the monument sign to 26 square feet. 5. Wetland Structure Setback Encroachment from 10% to 21%. City Code allows a maximum 10% encroachment into the wetland structure setback. The applicant is proposing a 4 foot wide compacted granite chip path with polymers or similar adhesives to provide an accessible path around the northwest side of the building. The path is required by building code and allows accessible access to the right-of-way in case of an emergency. The path will be impervious. Therefore, the path requires a waiver for an encroachment beyond 10%. 6. Off-Site Parking City Code Section 11.03 Subd. 3 H. 5. (d) requires off-street parking facilities to be on the same parcel of land as the structure they are intended to serve. The applicant has been working with the property owner to the west to secure additional parking. This waiver accommodates the ability to provide visitor parking off site to maximize resident parking on site. 7. Parking Stall Size Upon further review of the 20 stalls added to the underground parking structure, it was determined that 14 of the 20 new parking stalls are smaller than the parking stall size required by City Code and could be classified as compact stalls. Since City Code does not allow compact parking stalls, the applicant has requested an additional waiver. City Code requires parking stalls to be 9’ wide by 18’ deep and the waiver would allow 4 stalls at 8’ wide by 16’ deep and 10 stalls at 8’ wide by 18’ deep. The applicant is requesting a waiver to allow smaller parking stall sizes. 8. Proof of Parking City Code allows 15% of the required parking to be shown as “Proof of Parking”. The proposal shows 16.7 % as “proof of parking.” Attachments 1. Memo from Ryan Companies dated 8/1/2022 2. Resolution for Guide Plan Change 3. Resolution for PUD Concept Review 4. Ordinance for PUD District with waivers 5. Resolution for Preliminary Plat 6. Resolution for the Findings of Fact in Support of Park Dedication Fees 7. Aerial Map 8. Current Guide Plan Map 9. Proposed Guide Plan Map 10. Current Zoning Map 11. Proposed Zoning Map 12. Staff Report 13. Planning Commission Minutes MEMO TO Julie Klima and Beth Novak-Krebs DATE 8/1/2022 FROM Ryan Companies SUBJECT Future Parking Expansion Options This memo serves as documentation of future parking overflow options for the Eden Prairie Multi-Family Project. The proposed project consists of constructing a 5-story, for rent, multi-family building with site improvements that include both surface and underground parking areas, utilities, stormwater management, landscaping, and site amenities. The project team is confident, based on an extensive review of comparable properties, current suburban apartment parking usage data, and prior experience that the proposed building parking count of 272 stalls is sufficient to meet future resident parking demand and appropriately balances site greenspace with parking need. It is our perspective that to add more parking to the proposed building plan at this point would constitute an over-building of parking and would be in excess to what the market would demand for this project. Operationally, the project will tie one parking space to every unit, so that every unit, including all affordable units, will have an opportunity to rent at least one parking stall. We will make second parking stalls available to larger 1-bedroom & 2-bedroom units, on a first come first served basis should they have demand. Additionally, it should be noted that while the building is planned to be 211 units, we consider 95% occupancy to be “fully occupied”. Due to resident turnover, market vacancy, and the building’s model unit it is very rare that we see building occupancy rates approach 100%. As such, we anticipate about 200 units to be occupied at any given time when the building is fully operational, which would push the functional parking ratio closer to 1.4 stalls/occupied unit. Having said this, we acknowledge that city staff is concerned about the proposed project 1.3 Stall/Unit parking ratio and would like to assuage those concerns by outlining three parking overflow options, which the building would pursue if more parking is needed during operations. The project team would address the parking need in the following order: Option A: Overflow Agreement with Neighboring Lot The first option to expand parking is to enter into an agreement with the adjacent commercial lot west of our site. The potential agreement would encompass 70 stalls in the SE corner of the lot. Since this is a commercial building the lot is most busy during the daytime business hours and is rarely in-use during evenings and weekends, which would be the times that the residents would be most likely to need overflow parking. We have proactively sought and reached an agreement with the neighboring landowner (12990 Valley View Road) for use of their existing surface parking stalls for evening and weekend overflow parking if any would be needed. Please see the attached exhibit for location of the neighboring parking area. This agreement would be in place immediately, however the owner of the parcel would retain a right to discontinue the agreement in the event of a redevelopment of their property. Option B: Onsite Surface Parking Expansion If Option A proves insufficient to meet the parking need, the proposed project could also expand additional surface stalls on-site (65 additional stalls). We have not proposed this option in our initial plan because it reduces the usable open space required by City Code and would require an underground stormwater infiltration chamber vs. the open-air infiltration basin which is currently shown within the landscaping plan. Option C: Lower Level Parking Expansion If Option A & B prove insufficient to meet the parking need, we would pursue an expansion of the underground parking facility (49 additional stalls). This is the most expensive solution and, given anticipated building parking demand, is not financially feasible for the project at this time. Once the building is open and operating if Option A & B prove insufficient to meet the parking need, then the proven demand would be in- place for the building to anticipate additional parking revenue, which would offset the construction costs of adding more underground parking. Table 1. Current and Future Parking Counts Surface Parking Stalls Enclosed Parking Stalls Total Stalls Adjusted Stalls/Unit Current Parking 153 119 272 1.3 Option A: Overflow Agreement with Neighboring Lot +70 -- 342 1.7 Option B: Onsite Surface Parking Expansion +65 -- 337 1.7 Option C: Lower Level Parking Expansion -- +49 321 1.6 *Option A + Option B = 407 Stalls = 2.1 Stalls/Unit *Option A + Option B + Option C = 456 Stalls = 2.3 Stalls/Unit In summary, the project team has researched parking utilization at comparable properties, and we are confident that the proposed project is sufficiently parked to meet the need and demand of residents. However, should the planned parking prove insufficient, we are committed to addressing the parking deficiency through the options above. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2022-____ 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, 2022; and WHEREAS, the proposal of Eden Prairie Multifamily by Ryan Companies is for a Comprehensive Guide Plan Change from Office to Medium High Density Residential on 7.01 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 August 9, 2022 and the staff report dated June 23, 2022 and subject to Metropolitan Council approval. ADOPTED by the City Council of the City of Eden Prairie this 16th day of August, 2022. ___________________________ Ronald A. Case, Mayor ATTEST: ___________________________ Katie O’Connor, Deputy City Clerk EXHIBIT A COMPREHENSIVE PLAN AMENDMENT Legal Description Prior to the Final Plat: Outlot C, Menard Addition except that part lying Easterly of a line described as follows: Commencing at the West Quarter corner of Section 11, Township 116, Range 22, said Quarter corner also being the Northwest corner of Outlot C; thence Northeasterly along the North line of said Outlot C on an assumed bearing of North 87 degrees 44 minutes 44.4 seconds East a distance of 547.08 feet to the point of beginning of the line to be described; thence Southeasterly a distance of 64.A7 feet along a non-tangential curve concave to the Northeast having a radius of 125.00 feet, central angle of 29 degrees 22 minutes 09.1 seconds and the chord of said curve 63.37 feet in length and bears South 24 degrees 55 minutes 22.4 seconds East; thence South 39 degrees 36 minutes 27.4 seconds East a distance of 56.92 feet; thence Southeasterly a distance of 152.81 feet along a tangential curve concave to the Southwest having a radius of 583.34 feet, central angle of 15 degrees 00 minutes 31 seconds and the chord of curve 152.37 feet in length and bears South 32 degrees 06 minutes 10.4 seconds East to the South property line of Outlot C, also being the Northerly right-of-way line of Valley View Road and said line there terminating. Legal Description After the Final Plat: Lot 1, Block 1, Menard 9th Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2022-___ A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF EDEN PRAIRIE MULTIFAMILY FOR RYAN COMPANIES 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 June 27, 2022, on Eden Prairie Multifamily by Ryan Companies 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 August 16, 2022. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Eden Prairie Multifamily, 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 August 9, 2022. 3. That the PUD Concept meets the recommendations of the Planning Commission dated June 27, 2022. ADOPTED by the City Council of the City of Eden Prairie this 16th day of August, 2022. _______________________ Ronald A. Case, Mayor ATTEST: ______________________________ Katie O’Connor, Deputy City Clerk EXHIBIT A PUD Concept Legal Description Prior to the Final Plat: Outlot C, Menard Addition except that part lying Easterly of a line described as follows: Commencing at the West Quarter corner of Section 11, Township 116, Range 22, said Quarter corner also being the Northwest corner of Outlot C; thence Northeasterly along the North line of said Outlot C on an assumed bearing of North 87 degrees 44 minutes 44.4 seconds East a distance of 547.08 feet to the point of beginning of the line to be described; thence Southeasterly a distance of 64.A7 feet along a non-tangential curve concave to the Northeast having a radius of 125.00 feet, central angle of 29 degrees 22 minutes 09.1 seconds and the chord of said curve 63.37 feet in length and bears South 24 degrees 55 minutes 22.4 seconds East; thence South 39 degrees 36 minutes 27.4 seconds East a distance of 56.92 feet; thence Southeasterly a distance of 152.81 feet along a tangential curve concave to the Southwest having a radius of 583.34 feet, central angle of 15 degrees 00 minutes 31 seconds and the chord of curve 152.37 feet in length and bears South 32 degrees 06 minutes 10.4 seconds East to the South property line of Outlot C, also being the Northerly right-of-way line of Valley View Road and said line there terminating. Legal Description After the Final Plat: Lot 1, Block 1, Menard 9th Addition EDEN PRAIRIE MULTIFAMILY CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2022-PUD-_-2022 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 Rural Zoning District 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 -2022-PUD-_-2022 (hereinafter "PUD-_-2022”). Section 4. The City Council hereby makes the following findings: A. PUD-_-2022 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-_-2022 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-_-2022 are justified by the design of the development described therein. D. PUD-_-2022 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 Rural Zoning District 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-_- 2022 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 Ryan Companies and the City of Eden Prairie, (hereinafter “Development Agreement”). The Development Agreement contains the terms and conditions of PUD-_-2022, 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 16th day of August 2022, 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: __________________________________ ___________________________________ Katie O’Connor, Deputy City Clerk Ronald A. Case, Mayor PUBLISHED in the Sun Sailor on__________________, 2022. EXHIBIT A Legal Description Prior to the Final Plat: Outlot C, Menard Addition except that part lying Easterly of a line described as follows: Commencing at the West Quarter corner of Section 11, Township 116, Range 22, said Quarter corner also being the Northwest corner of Outlot C; thence Northeasterly along the North line of said Outlot C on an assumed bearing of North 87 degrees 44 minutes 44.4 seconds East a distance of 547.08 feet to the point of beginning of the line to be described; thence Southeasterly a distance of 64.A7 feet along a non-tangential curve concave to the Northeast having a radius of 125.00 feet, central angle of 29 degrees 22 minutes 09.1 seconds and the chord of said curve 63.37 feet in length and bears South 24 degrees 55 minutes 22.4 seconds East; thence South 39 degrees 36 minutes 27.4 seconds East a distance of 56.92 feet; thence Southeasterly a distance of 152.81 feet along a tangential curve concave to the Southwest having a radius of 583.34 feet, central angle of 15 degrees 00 minutes 31 seconds and the chord of curve 152.37 feet in length and bears South 32 degrees 06 minutes 10.4 seconds East to the South property line of Outlot C, also being the Northerly right-of-way line of Valley View Road and said line there terminating. Legal Description After the Final Plat: Lot 1, Block 1, Menard 9th Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2022-___ RESOLUTION APPROVING THE PRELIMINARY PLAT OF EDEN PRAIRIE MULTIFAMILY FOR RYAN COMPANIES BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Menard 9th Addition for Eden Prairie Multifamily by Ryan Companies stamp dated August 9, 2022, and consisting of 7.01 acres into one lot, 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 16th day of August, 2022. _______________________________ Ronald A. Case, Mayor ATTEST: __________________________ Katie O’Connor, Deputy City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2022-____ A RESOLUTION ADOPTING FINDINGS OF FACT IN SUPPORT OF PARK DEDICATION FEES FOR EDEN PRAIRIE MULTIFAMILY WHEREAS, City Code Chapter 12, Section 12.40 Subd. 1 requires an owner of land being subdivided to dedicate to the public for public use as parks, playgrounds or public open space a reasonable portion of the land up to 10% thereof; and, WHEREAS, in lieu of dedicating land, City Code Chapter 12, Section 12.40 Subd. 2; gives the City the option to require the developer to contribute an equivalent amount in cash in lieu of all or a portion of the land which the City may require such owner to dedicate in accordance with the schedule to be set by resolution of the Council; WHEREAS, the Eden Prairie Multifamily project includes subdivision of property pursuant to City Code Chapter 12 and construction of a 211-unit apartment building (the “Project”); WHEREAS the payment of cash park fees in lieu of land dedication is appropriate given the nature of the use on the property; WHEREAS, the City’s current fee ordinance sets the cash park fee at $5,500 per residential unit, which amount was calculated in accordance with Minn. Stat. § 462.358, subd. 2b(c); WHEREAS, the City Council held a public hearing at its August 16, 2022 meeting; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that the following findings are hereby adopted in support of the imposition of a cash park fee in lieu of land dedication as a condition of subdivision approval for the Suite Living of Eden Prairie project: 1. The Project does not include available land that is suitable for parkland. The land areas outside of the developable area include a wetland and low area. The wetland will be protected by conservation easements that prohibits development. 2. The Project includes the construction of 211 units. Development and occupancy of the units is expected to have an impact on the City’s parks and trail system. 3. The Project is directly connected to public sidewalk providing access to trails, parks and open spaces, increasing the likelihood that residents, staff, and visitors of the Project will use the City’s trails, parks, and open spaces. 4. The City has sidewalks and trails throughout the neighborhood. The City improves and maintains the pedestrian and bicycle facilities for all residents and visitors to enjoy. 5. There is an essential nexus between requiring the cash park fees for the Project and the City’s goal of providing a high-quality park system for all individuals who live or work in the City, including residents and visitors of the Project. 6. The need for parkland created by the Project is roughly proportional to the cash park fee amount required by the City’s fee ordinance. The cash park fees will be used for future anticipated park acquisition and improvement projects in the City, pedestrian and bicycle facility improvements, and other projects to improve City park and recreational facilities that are likely to be used by visitors and residents of the Project. ADOPTED by the City Council of the City of Eden Prairie this 16th day of August, 2022. ____________________________________ Ronald A. Case, Mayor ATTEST: ___________________________ Katie O’Connor, Deputy City Clerk DISCLAIMER: The City of Eden Prairie does not warrant the accuracy nor the correctnessof the information contained in this map. It is your responsibility to verify the accuracyof this information. In no event will The City of Eden Prairie be liable for any damages,including loss of business, lost profits, business interruption, loss of business informationor other pecuniary loss that might arise from the use of this map or the information itcontains. Map information is believed to be accurate but accuracy is not guaranteed.Any errors or omissions should be reported to The City of Eden Prairie. *Any aerial photography and parcel geometry wasobtained from Hennepin County and allusers are bound by the express written contract between Hennepin County and the Cityof Eden Prairie. F1:2,400Scale: 0 0.050.025Miles Miles 0 290145FeetFeet Project Site Eden Prairie Multifamily Valley View Road and Topview Road RAMP PLAZA DR VALLEY VIEW RD US HIGHWAY 212 ROBE R T S D R INTERSTATE 4 94 PRAIRIE CENTER DRSCOT TER T O P V I EW R DSTEWART DRRAMP RAMPRAMPVALLEY VIEW RD RAMPRAMP US HIGHWAY 212 City of Eden Prairie Land Use Guide Plan Map 2010-2040 ¯ DISCLAIMER: The City of Eden Prairie does not warrant the accuracy nor the correctnessof the information contained in this map. It is your responsibility to verify the accuracyof this information. In no event will The City of Eden Prairie be liable for any damages,including loss of business, lost profits, business interruption, loss of business informationor other pecuniary loss that might arise from the use of this map or the information itcontains. Map information is believed to be accurate but accuracy is not guaranteed.Any errors or omissions should be reported to The City of Eden Prairie.M:\GIS\Users\Departments\CommDev\Themes\Shapes\Zoning and all other land use information\OfficialMaps\OfficialGuidePlan.mxd Map was Updated/Created: April 18, 2008 Rural Low Density Residential Medium Density Residential Medium High Density Residential High Density Residential Mixed-Use Town Center Transit-Oriented Development Regional Commercial Commercial Office Industrial Flex Tech Flex Service Eco Innovation Industrial Airport Public / Semi-Public Parks & Open Space Golf Course Utility & Railroad Right-of-Way CityLimits 470 0 470235 Feet Date Approved: 10-01-2019 Current Guide Plan Map: Eden Prairie MultifamilyAddress: NW Corner of Intersection of Valley View and TopviewEden Prairie, Minnesota 55344 Project Site RAMP PLAZA DR VALLEY VIEW RD US HIGHWAY 212 ROBE R T S D R INTERSTATE 4 94 PRAIRIE CENTER DRSCOT TER T O P V I EW R DSTEWART DRRAMP RAMPRAMPVALLEY VIEW RD RAMPRAMP US HIGHWAY 212 City of Eden Prairie Land Use Guide Plan Map 2010-2040 ¯ DISCLAIMER: The City of Eden Prairie does not warrant the accuracy nor the correctnessof the information contained in this map. It is your responsibility to verify the accuracyof this information. In no event will The City of Eden Prairie be liable for any damages,including loss of business, lost profits, business interruption, loss of business informationor other pecuniary loss that might arise from the use of this map or the information itcontains. Map information is believed to be accurate but accuracy is not guaranteed.Any errors or omissions should be reported to The City of Eden Prairie.M:\GIS\Users\Departments\CommDev\Themes\Shapes\Zoning and all other land use information\OfficialMaps\OfficialGuidePlan.mxd Map was Updated/Created: April 18, 2008 Rural Low Density Residential Medium Density Residential Medium High Density Residential High Density Residential Mixed-Use Town Center Transit-Oriented Development Regional Commercial Commercial Office Industrial Flex Tech Flex Service Eco Innovation Industrial Airport Public / Semi-Public Parks & Open Space Golf Course Utility & Railroad Right-of-Way CityLimits 470 0 470235 Feet Date Approved: 10-01-2019 Proposed Guide Plan Map: Eden Prairie MultifamilyAddress: NW Corner of Intersection of Valley View and TopviewEden Prairie, Minnesota 55344 Project Site City of Eden Prairie Zoning Map In case of discrepency related to a zoning classification on this zoning map, the Ordinanceand attached legal description on file at Eden Prairie City Center will prevail. ¯ Shoreland Management Classifications 100 - Year Floodplain Natural Environment Waters Recreational Development Waters General Development Waters (Creeks Only)GD NE RD Up dated through approved Ordinances #26-2008 Ordinance #33-2001 (BFI Addition) approved, but not shown on this map edition Date: March 1, 2009 0 0.150.075 Miles DISCLAIMER: The City of Eden Prairie does not warrant the accuracy nor the correctnessof the information contained in this map. It is your responsibility to verify the accuracyof this information. In no event will The City of Eden Prairie be liable for any damages,including loss of business, lost profits, business interruption, loss of business informationor other pecuniary loss that might arise from the use of this map or the information itcontains. Map information is believed to be accurate but accuracy is not guaranteed.Any errors or omissions should be reported to The City of Eden Prairie.M:\GIS\Users\Departments\CommDev\Themes\Shapes\Zoning and all other land use information\OfficialMaps\OfficialZoning.mxd Map was Updated/Created: June 11, 2008 Current Zoning Map:Eden Prairie MultifamilyAddress: NW Quadrant of Intersection of Valley View and TopviewEden Prairie, MN 55344 <all other values> Rural R1-44 One Family- 44,000 sf. min. R1-22 One Family-22,000 sf min. R1-13.5 One Family-13,500 sf min. R1-9.5 One Family-9,500 sf min. RM-6.5 Multi-Family-6.7 U.P.A. max. RM-2.5 Multi-Family-17.4 U.P.A. max. Airport Office Office Neighborhood Commercial Community Commercial Highway Commercial Airport Commercial Regional Service Commercial Regional Commercial TC-C TC-R TC-MU Industrial Park - 2 Acre Min, Industrial Park - 5 Acre Min. General Industrial - 5 Acre Min. Public Golf Course Water Right of Way TOD-R Transit Oriented Development - Residential Transit Oriented Development - Residential Park and Open Space Project Site City of Eden Prairie Zoning Map In case of discrepency related to a zoning classification on this zoning map, the Ordinanceand attached legal description on file at Eden Prairie City Center will prevail. ¯ Shoreland Management Classifications 100 - Year Floodplain Natural Environment Waters Recreational Development Waters General Development Waters (Creeks Only)GD NE RD Up dated through approved Ordinances #26-2008 Ordinance #33-2001 (BFI Addition) approved, but not shown on this map edition Date: March 1, 2009 0 0.150.075 Miles DISCLAIMER: The City of Eden Prairie does not warrant the accuracy nor the correctnessof the information contained in this map. It is your responsibility to verify the accuracyof this information. In no event will The City of Eden Prairie be liable for any damages,including loss of business, lost profits, business interruption, loss of business informationor other pecuniary loss that might arise from the use of this map or the information itcontains. Map information is believed to be accurate but accuracy is not guaranteed.Any errors or omissions should be reported to The City of Eden Prairie.M:\GIS\Users\Departments\CommDev\Themes\Shapes\Zoning and all other land use information\OfficialMaps\OfficialZoning.mxd Map was Updated/Created: June 11, 2008 Proposed Zoning Map:Eden Prairie MultifamilyAddress: NW Quadrant of Intersection of Valley View and TopviewEden Prairie, MN 55344 <all other values> Rural R1-44 One Family- 44,000 sf. min. R1-22 One Family-22,000 sf min. R1-13.5 One Family-13,500 sf min. R1-9.5 One Family-9,500 sf min. RM-6.5 Multi-Family-6.7 U.P.A. max. RM-2.5 Multi-Family-17.4 U.P.A. max. Airport Office Office Neighborhood Commercial Community Commercial Highway Commercial Airport Commercial Regional Service Commercial Regional Commercial TC-C TC-R TC-MU Industrial Park - 2 Acre Min, Industrial Park - 5 Acre Min. General Industrial - 5 Acre Min. Public Golf Course Water Right of Way TOD-R Transit Oriented Development - Residential Transit Oriented Development - Residential Park and Open Space ProjectSite STAFF REPORT TO: Planning Commission FROM: Beth Novak-Krebs, Senior Planner DATE: June 23, 2022 SUBJECT: Eden Prairie Multifamily LOCATION: Northwest Corner of the Intersection of Valley View Road and Topview Road REQUEST: • Guide Plan Change from Office to Medium High Density Residential on 7.01 acres • Planned Unit Development Concept Review on 7.01 acres • Planned Unit Development District Review with waivers on 7.01 acres • Zoning Change from Rural to RM-2.5 on 7.01 acres • Site Plan Review on 7.01 acres • Preliminary Plat on 7.01 acres BACKGROUND The applicant is seeking approval to construct a 211-unit multifamily apartment building on a 7-acre property located in the northwest quadrant of the intersection of Valley View Road and Topview Road. The property is undeveloped. The site has rolling topography, a wetland area, and wooded areas. Surrounding uses include commercial to the west and south, a church and single family residential to the north and single family residential to the east. The proposed building is 5 stories with one level of underground parking. The project also includes some surface parking. The proposal includes alcove (studio) units, 1-bedroom, and 2-bedroom units. In addition, there are interior amenities such as a club room, fitness center, game room, co-working space and exterior amenities such as a pool, outdoor dining areas, fire pit lounge, bocce ball court, dog run, etc. Staff Report – Eden Prairie Multifamily Page 2 2 COMPREHENSIVE PLAN AMENDMENT The property is currently guided Office in the Aspire 2040 Comprehensive Plan. The applicant is requesting an amendment of the Comprehensive Plan to reguide the property to Medium High Density Residential, which allows 14 to 40 units per acre. The density of the project is proposed at 30 units per acre. The property is currently zoned Rural. The applicant is requesting to rezone the property to RM-2.5. Provided the Comprehensive Plan Amendment is approved, the RM-2.5 zoning would be consistent with the Comprehensive Plan. Current Guiding - Office Proposed Guiding – Medium High Density Res Current Zoning - Rural Proposed Zoning – RM-2.5 Staff Report – Eden Prairie Multifamily Page 3 3 SITE PLAN The building is aligned along Valley View Road with a section extending to the north. The surface parking is located between the Valley View Road and the building. Access to the site is on Valley View Road and includes right-in and right-out turning movements only because there is a median in Valley View Road. There is not access to the Site from Topview Road. The proposal includes a small break in the median for emergency vehicle only. This allows emergency vehicles to enter the site while traveling eastbound to avoid having to do a u-turn at the intersection. There are exterior amenities on the west, east and north sides of the building with walking paths connecting all of them. There is an access drive around the east side of the building for Fire Department access to the back of the building. There is an existing wetland in the west central portion of the site. A stormwater facility is proposed in the southwest corner of the site. PARKING City Code requires 1 parking stall per alcove or studio unit and 2 stalls for the 1-bedroom and 2-bedroom units. There are 34 alcove units and 177 one- and two-bedroom units. The proposal requires 34 parking stalls for the alcove units and 354 parking stalls for the remaining units for a total requirement of 388 parking stalls. The proposal includes 99 underground parking stalls and 153 surface parking stalls for a total of 252 parking stalls. With the parking stalls for the alcove units accounted for, the plan provides 218 stalls for the 1-bedroom and 2-bedroom units. Therefore; the proposed parking is deficient by 136 stalls. The parking ratio for the 1- and 2-bedroom units is 1.23 parking stalls per unit rather than the required 2 parking stalls per unit. The applicant is requesting a waiver to allow parking at 1.23 stalls per unit for the 1- and 2-bedroom units. There have been parking waivers approved for recent multifamily projects. The parking waivers for those Staff Report – Eden Prairie Multifamily Page 4 4 projects are at 1.6 parking stalls per unit or higher. The following table summarizes the approved parking waivers for recent multifamily projects. The applicant submitted the following table in support of the requested parking waiver. Based on occupancy data for 4 of the applicant’s existing projects, the table shows the number of parking stalls that are typically needed for each unit type. Except for the 3-bedroom units in one of the projects, the parking need for each of the unit types is less than 2. As outlined in the table, the Eden Prairie Multifamily project includes 34 alcove units, 98 one-bedroom units and 79 two-bedroom units. Parking Averages based on Occupancy Data Property 1 Property 2 Property 3 Property 4 Average EPMF Units EPMF Parking Bloomington Edina Minnetonka Woodbury (A) (B) (C=A*B) Total Parking Ratio (Stalls/Unit) Studio 0.86 0.50 0.68 34 23 1 Bed 1.11 0.77 1.26 0.82 0.99 98 97 2 Bed 1.57 1.26 1.45 1.24 1.38 79 109 3 Bed 1.83 1.20 2.40 1.00 1.61 0 0 Total required parking based on occupancy data 229 Total proposed parking (does not include 70 leased parking stalls next door) 252 Using 1 parking stall for the alcove units and 1 parking stall for the 1-bedroom units for the Eden Prairie Multifamily project, leaves 1.52 parking stalls for the 2-bedroom units. This number is greater than most of the 2-bedroom numbers in the table above. Project Name # of Units Density Units/acre # of Parking Stalls Required # of Parking Stalls Provided Approved Parking Ratio Martin Blu 192 61.83 346 Based on 1 stall per efficiency unit approved through a waiver and 2 stalls per unit for other units 330 This includes 24 proof of parking stalls 1 stall per efficiency unit (38) – 1.89 stalls for the remaining units Applewood Point 100 25.8 200 Based on 2 stalls per unit 162 1.62 stalls per unit Paravel 245 49.3 490 Based on 2 stalls per unit 425 1.73 stalls per unit The Ellie 239 37 439 Based on 1 stall per studio and 2 stalls per unit for other units 404 1 stall per studio unit (39) 1.8 stalls for the remaining units Trail Pointe Ridge 58 29 116 Based on 2 stalls per unit 116 Meets the requirement of 2.0 EP Multifamily 211 30 388 Based on 1 stall per alcove unit and 2 stalls per unit for the other units 252 proposed 1 stall per alcove unit (34) 1.23 proposed for the remaining units Staff Report – Eden Prairie Multifamily Page 5 5 If the parking were to prove to be insufficient, this project has few options to address the issue. Parking is not allowed on the adjacent streets, due to site conditions, there is not area for construction of proof of parking, and the closest bus stop is at the corner of Prairie Center Drive and Valley View Road, which is over ¼ mile from the front door of apartment building. Developer’s Proposed Solutions The applicant is proposing the following approaches to address parking and staff comments follow each approach in italics: 1. The owner/manager of the multifamily project agrees to limit resident parking leases to not exceed available resident parking capacity on-site. The renter pays for a specific numbered stall. The owner/manager would submit ongoing parking compliance reports to the City concurrent with Inclusionary Housing compliance reports. With this approach, depending on the demand, the parking stalls could all be leased before all of the units are leased leaving some units without a parking lease. It would be difficult to live in this location without a car. This project includes affordable units and these units should be available for lease regardless of parking availability. Staff recommends that the applicant provide one parking lease for each unit and distribute the remaining 41 stalls as appropriate. This would guarantee that all of the units have at least one parking stall. 2. If contingency plan #1 fails, owner/manager would show proof of a perpetual parking lease agreement for overflow parking of approximately 70 stalls with the adjacent office property located at 12986 Valley View Road, Eden Prairie. Though this would be beneficial, it is not a permanent option for apartment residents. The agreement would be private and could be subject to change. This option may be appropriate for short term visitor parking, but problematic for resident parking. The southern boundary of the adjacent parking lot is a little less than ¼ mile from the front door of the proposed building. It is unreasonable to expect residents to walk that far to their car especially in the winter. Creating a shorter pedestrian route between the two properties is not possible because the area between the lots is low and wet. Providing resident parking on the adjacent property would be inefficient for residents who use their cars frequently. In addition, the office building requires 315 parking stalls and there are 315 parking stalls on the site. There is not a surplus of parking stalls on the office lot. The required parking stalls should be available to the office users during normal business hours. Even if the parking lot is not full during normal business hours, there could be changes in the uses in the building that have different parking needs. Allowing residents to park on the office property would mean residents would have to move their car during the day. Not all residents will work during the day and there is no alternate parking during the day. The applicant indicated that the proposal includes 10 visitor parking stalls near the main Staff Report – Eden Prairie Multifamily Page 6 6 entrance to the building. This results in 10 less parking stalls on the site for residents. It is reasonable to locate visitor parking on the adjacent office property and maximize resident parking on the site. Visitors would generally be parked on the office property on evenings and weekends when the offices are closed. 3. If contingency plan #1 and #2 both fail, owner/manager to propose and implement a design for added parking capacity on-site that complies with City approvals process at such time. There is no room for additional surface parking on the site. This option would require the applicant to construct additional parking on the site, which may include a parking ramp, to provide adequate parking capacity. Potential Alternatives One potential alternative to increase the parking ratio to 1.6 or more is to reduce the number of units. The applicant has increased the number of alcove units from 26 to 34. However, this increased the ratio by only .01. A second alternative to increase the parking ratio to 1.6 or more is to use the first level of the building for additional parking and add another story onto the building making it a 6-story building. This would increase the height waiver from 64.75 feet to 75.25 feet. This alternative has not been explored to understand impacts to design or soil conditions. Staff Recommendations After reviewing the options provided by the applicant, staff recommends that the applicant provide the visitor parking on the adjacent office property through a perpetual lease with the adjacent office property owner to maximize resident parking on the project site. The applicant should provide at least one parking lease per unit with the remaining 41 parking stalls allocated by the applicant as appropriate. The parking leases shall not exceed the number of parking stalls provided on the property. If parking becomes an issue and residents begin parking on adjacent office and/or commercial properties or on the street, the applicant will be required to construct parking, which may include structured parking, to provide adequate parking capacity. The Development Agreement would include language to address these recommendations. LANDSCAPING AND TREE REPLACEMENT The project requires 650 caliper inches of landscaping. The Landscaping Plan includes 650 caliper inches, which complies with the requirements. The landscaping includes foundation plantings, parking lot screening, parking lot island plantings, and plantings in and around the outdoor amenity spaces. The plan includes a variety of trees, shrubs, perennials and ornamental grasses. The selection of perennials and shrubs will provide flowering from spring through fall. The flower colors include white, yellow, orange, purple and pink. The project requires 140 caliper inches of Tree Replacement. The Landscaping Plan includes 77 caliper inches beyond what is required for landscaping. Applying the 77 caliper inches toward Tree Replacement still leaves a deficit for Tree Replacement. In order to comply with the tree replacement, the applicant is Staff Report – Eden Prairie Multifamily Page 7 7 proposing to pay the fee in lieu of tree replacement for 63 caliper inches. INCLUSIONARY HOUSING Ryan Companies has requested tax increment financing (TIF) to close a financial gap for the project, and staff has worked with the City’s municipal financial advisor to determine a maximum TIF amount. Consistent with TIF statutory requirements, the applicant is proposing at least 20% of units affordable to households earning 50% or less of the area median income (AMI). Under the City’s Inclusionary Housing (IH) Ordinance any project receiving TIF assistance must also provide an additional 5% affordable to households at or below 80% of AMI in perpetuity. The applicant is complying with the IH requirement. Affordable units must match market rate units and be equitably spread among bedroom types and location within the building. BUILDING ARCHITECTURE The building is 5-stories with a sloped roof. The main entry for the building faces Valley View Road and it is accentuated by a motor court and entry plaza. The building is designed with recesses and projections, color variations, and a variety of material that provides visual variety. The applicant has provided a mix of building material and articulation that visually creates a base, middle and top. The brick along the first level of the building unifies all of the facades. Brick and glass are used on all sides of the building with varying percentages of fiber cement siding. Although fiber cement siding is considered a Class I building material in the RM-2.5 Zoning District, staff encouraged the applicant to increase the amount of brick on the building. Brick projects a feeling of permanence, quality, and timelessness. After several conversations with the applicant and several changes to the plans, the overall percentage of brick on the building was increased from 8% on the original submittal to 17% on the most current submittal. Staff Report – Eden Prairie Multifamily Page 8 8 USABLE OPEN SPACE The project complies with the usable open space requirements. City Code requires 150 square feet of usable open space per unit and the proposal provides 152 square feet per unit. The project includes interior amenities such as a club room, fitness center, game room, co-working space and exterior amenities such as a pool, dining areas, fit pit lounge, bocce ball court, dog run, etc. These areas can be used for socializing and recreating. DRAINAGE The Eden Prairie Multifamily site is treating its stormwater through an infiltration basin in the southwest corner of the site. Given the site soils are variable and challenging, the Developer plans to over-excavate and perform soil corrections within the footprint of the infiltration basin. The proposed development also utilizes the existing central low area on the site to control stormwater discharge rates and provide pretreatment of runoff discharged to the existing wetland to the west. The existing wetland on the west central portion of the property (ID 11-32-B) and its buffers will be placed within a conservation easement. The applicant is complying with City wetland buffer requirements. The Development does exceed the maximum of ten percent encroachment within the wetland buffer setback. The majority of the encroachment within the setback is a trail and a waiver has been requested. LIGHTING The proposal includes 7 pole lights illuminating the parking lot. In addition, the plan includes a number of wall packs on the building providing lighting at the main entrance, the entrance to the underground parking, other exits/entrances to the building and other strategic locations. The lighting complies with the City’s requirements. The project does not include exterior light fixtures on the balconies or the patios. SIDEWALKS AND TRAILS There is an existing sidewalk along the north side of Valley View Road and along the east side of Topview Road. The project includes connections to the public sidewalk system that lead to the commercial areas to the south and beyond. The proposed trail system around the building connects to the public sidewalk along Valley View Road at the west side of the stormwater facility. The proposed sidewalk along the south side of the parking lot connects to the public sidewalk along Valley View Road east of the driveway to the site. TRAFFIC A traffic analysis was prepared for the proposed project. Based on the proposed units, the residential development is expected to generate 78 a.m. peak hour and 83 p.m. peak hour trips and 962 daily site trips. The 2024 build condition intersection capacity analysis indicates that all study intersections (Valley View Road intersecting with Topview Road, Prairie Center Drive and the Home Depot/Strip Mall access) operate at overall levels of service C or better during weekday a.m. and p.m. peak hours. The same level of service as was currently observed. Also, no significant queues or side-street delays are expected. Staff Report – Eden Prairie Multifamily Page 9 9 The development is proposing a single right-in/right-out access on Valley View Road approximately 670 feet west of the Topview/Plaza Dr intersection, which does meet Hennepin County’s intersection spacing criteria. Due to the single access point, site distances were reviewed and determined to be adequate for u-turn movements at adjacent intersections assuming no opposing left turn large trucks or other blockages. Additional eastbound protected phasing for could be provided at the Topview Rd signal if delay issues persist. One other accommodation made with the single access point was to add a median opening for emergency services on Valley View Rd. SIGNS The applicant is proposing a free-standing sign near the entrance into the site and a sign on the canopy over the main entrance into the building. City Code allows one wall sign per building not to exceed 6 square feet in the residential zoning districts. The proposal includes a sign on the canopy above the main entrance that measures 12 square feet. City Code also allows one free-standing sign per entrance into the site not to exceed 32 square feet. The applicant is proposing a free-standing sign near the entrance into the site measuring 21.2 square feet, which is 10.8 square feet less than allowed by code. The applicant is requesting a waiver to allow the wall sign to be 6 square feet larger because the free-standing sign is 10.8 square feet smaller than allowed and the overall square footage between the two signs 33.2 square feet, which is less than the total allowable 38 square feet. In the past, the City has been flexible in the application of sign size allowances when maintaining and redistributing the overall sign area allowed on a site. 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 30 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 211 units. Using the current size of the site (7.01 acres), the density is 30 units per acre. The density is appropriate for this site and is consistent with the requested Comprehensive Plan amendment. There are commercial and office uses to the south and west of the proposed project. The project would serve as a transition to the single family uses to the north. The building is positioned on the south side of the site with a natural vegetation buffer along the north property line between the building and the single family uses to the north. 2. Building Height from 45 feet to 64.76 feet. City Code allows a maximum height of 45 feet in the RM-2.5 Zoning District. The proposed building height is 64.75 feet. The site is low on the south side where the building is proposed and the topography rises in the back nearly 30 feet up to Topview Road and 20 feet to the rear property line. The impact of the additional height is mitigated Staff Report – Eden Prairie Multifamily Page 10 10 by the topography on the site. 3. Total Parking Stalls from 388 to 252 and Covered Parking Stalls from 194 to 99 City Code requires 1 parking stall per studio unit and 2 stalls for the 1-bedroom and 2-bedroom units. There are 34 studio units. The proposal includes 34 parking stalls for the studio units. There are 177 1-bedroom and 2-bedroom units. At 2 stalls per unit, the proposal requires 354 additional stalls. The plan includes only an additional 218 stalls. The parking provided is 136 stalls less than required. This equates to 1.23 parking stalls for the 1-bedroom and 2-bedroom units rather than 2 stalls per unit. The waiver is conditioned on the applicant complying with the following staff recommendations. The applicant must provide the visitor parking on the adjacent office property through a perpetual lease with the adjacent office property owner. The applicant must provide at least one parking lease per unit with the remaining 41 parking stalls allocated by the applicant as appropriate. The parking leases shall not exceed the number of parking stalls provided on the property. If parking becomes an issue and residents begin parking on adjacent office and/or commercial properties or on the street, the applicant will be required to construct parking, which may include structured parking, to provide adequate parking capacity. 4. Wall Sign from 6 Square Feet to 12 Square Feet City Code allows one wall sign per building not to exceed 6 square feet in the residential zoning districts. The proposal includes a sign on the canopy above the main entrance that measures 12 square feet. The project also includes a free-standing sign that is 21.2 square feet, which is 10.8 square feet less than the allowable 32 square feet. The waiver request is to allow a redistribution of 6 square feet from the free-standing sign to the wall sign. The waiver allows a 12 square foot wall sign and limits the maximum allowable sign area for the monument sign to 26 square feet. 5. Wetland Structure Setback Encroachment from 10% to 21%. City Code allows a maximum 10% encroachment into the wetland structure setback. The applicant is proposing a 4 foot wide compacted granite chip path with polymers or similar adhesives to provide an accessible path around the northwest side of the building. The path is required by building code and allows accessible access to the right-of-way in case of an emergency. The path will be impervious. Therefore, the path requires a waiver for an encroachment beyond 10%. 6. Off-Site Parking City Code Section 11.03 Subd. 3 H. 5. (d) requires off-street parking facilities to be on the same parcel of land as the structure they are intended to serve.The applicant has been working with the property owner to the west secure additional parking. This waiver accommodates the ability to provide visitor parking off site to maximize resident parking on site. NEIGHBORHOOD MEETING The applicant held a neighborhood meeting on May 18, 2022. One neighbor attended the meeting and shared positive comments. Staff Report – Eden Prairie Multifamily Page 11 11 SUSTAINABILITY The applicant will be incorporating a number of sustainable elements into the project as detailed in the attached Sustainable Features Analysis. Some of the features from the analysis include: • bike racks with secure storage, • energy efficient lighting, • energy star appliances, • low-flow and WaterSense fixtures, • solar ready with conduit to facilitate future solar installation • 89 EV capable parking stalls. Staff recommends that 4 of the EV stalls be fully equipped with EV charging infrastructure and be fully operational at time of occupancy. This will be covered in the development agreement. STAFF RECOMMENDATION Recommend approval of the following requests: • Guide Plan Change from Office to Medium High Density Residential on 7.01 acres • Planned Unit Development Concept Review on 7.01 acres • Planned Unit Development District Review with waivers on 7.01 acres • Zoning Change from Rural to RM-2.5 on 7.01 acres • Site Plan Review on 7.01 acres • Preliminary Plat on 7.01 acres This is based on plans stamp dated June 1, 2022 and the following conditions: 1. Prior to the 1st reading by the City Council, the applicant shall: A. Revise the Overall Site Tree Landscaping Plan to include the symbols on the plan. B. The Plan must be revised to show potential location options for structured parking. 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. Provide a copy of an executed perpetual parking agreement for visitor parking on the adjacent office property to the west. 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. 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 Staff Report – Eden Prairie Multifamily Page 12 12 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. Developer shall make a cash payment for Tree Replacement as provided by City Code. G. Developer must obtain a building permit for retaining wall construction from the City for any retaining walls greater than four feet in height. H. Obtain design approval and a permit from Hennepin County for the construction of the break in the median. I. 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 June 1, 2022. A. Density from 17.4 units per acre to 30 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 211 units. Using the current size of the site (7.01 acres), the density is 30 units per acre. The density is appropriate for this site and is consistent with the requested Comprehensive Plan amendment. There are commercial and office uses to the south and west of the proposed project. The project would serve as a transition to the single family uses to the north. The building is positioned on the south side of the site with a natural vegetation buffer along the north property line between the building and the single family uses to the north. B. Building Height from 45 feet to 64.76 feet. City Code allows a maximum height of 45 feet in the RM-2.5 Zoning District. The proposed building height is 64.75 feet. The site is low on the south side where the building is proposed and the topography rises in the back nearly 30 feet up to Topview Road and 20 feet to the rear property line. The impact of the additional height is mitigated by the topography on the site. C. Total Parking Stalls from 388 to 252 and Covered Parking Stalls from 194 to 99 City Code requires 1 parking stall per studio unit and 2 stalls for the 1-bedroom and 2-bedroom units. There are 34 studio units. The proposal includes 34 parking stalls for the Staff Report – Eden Prairie Multifamily Page 13 13 studio units. There are 177 1-bedroom and 2-bedroom units. At 2 stalls per unit, the proposal requires 354 additional stalls. The plan includes only an additional 218 stalls. The parking provided is 136 stalls less than required. This equates to 1.23 parking stalls for the 1-bedroom and 2 bedroom units rather than 2 stalls per unit. The waiver is conditioned on the applicant complying with the following staff recommendations. The applicant must provide the visitor parking on the adjacent office property through a perpetual lease with the adjacent office property owner. The applicant must provide at least one parking lease per unit with the remaining 41 parking stalls allocated by the applicant as appropriate. The parking leases shall not exceed the number of parking stalls provided on the property. If parking becomes an issue and residents begin parking on adjacent office and/or commercial properties or on the street, the applicant will be required to construct parking, which may include structured parking, to provide adequate parking capacity. D. Wall Sign from 6 Square Feet to 12 Square Feet City Code allows one wall sign per building not to exceed 6 square feet in the residential zoning districts. The proposal includes a sign on the canopy above the main entrance that measures 12 square feet. The project also includes a free-standing sign that is 21.2 square feet, which is 10.8 square feet less than the allowable 32 square feet. The waiver request is to allow a redistribution of 6 square feet from the free-standing sign to the wall sign. The waiver allows a 12 square foot wall sign and limits the maximum allowable sign area for the monument sign to 26 square feet. E. Wetland Structure Setback Encroachment from 10% to 21%. City Code allows a maximum 10% encroachment into the wetland structure setback. The applicant is proposing a 4 foot wide compacted granite chip path with polymers or similar adhesives to provide an accessible path around the northwest side of the building. The path is required by building code and allows accessible access to the right-of-way in case of an emergency. The path will be impervious. Therefore, the path requires a waiver for an encroachment beyond 10%. F. Off-Site Parking City Code Section 11.03 Subd. 3 H. 5. (d) requires off-street parking facilities to be on the same parcel of land as the structure they are intended to serve. The applicant has been working with the property owner to the west secure additional parking. This waiver accommodates the ability to provide visitor parking off site to maximize resident parking on site. UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, JUNE 27, 2022 7:00 PM—CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Frank Sherwood, Andrew Pieper, Ed Farr, Rachel Markos, Carole Mette, William Gooding, Robert Taylor, Dan Grote CITY STAFF: Julie Klima, Community Development Director; Jeremy Barnhart, City Planner; Rod Rue, City Engineer; Matt Bourne, Parks & Natural Resources Manager Kristin Harley, Recording Secretary I. CALL THE MEETING TO ORDER Vice Chair Farr called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE – ROLL CALL Absent was commission member Pieper. III. APPROVAL OF AGENDA MOTION: Taylor moved, seconded by Kirk to approve the agenda. MOTION CARRIED 8-0. [Mette arrived at 7:01 p.m.] IV. MINUTES MOTION: Gooding moved, seconded by Taylor to approve the minutes of June 13, 2022. MOTION CARRIED 8-0. V. PUBLIC HEARINGS A. EDEN PRAIRIE MULTI FAMILY EDEN PRAIRIE MULTI FAMILY Request for: • Guide Plan Change from Office to Medium High Density Residential on 7.01 acres • Planned Unit Development Concept Review on 7.01 acres • Planned Unit Development District Review with waivers on 7.01 acres PLANNING COMMISSION MINUTES June 27, 2022 Page 2 • Zoning Change from Rural to RM-2.5 on 7.01 acres • Site Plan Review on 7.01 acres • Preliminary Plat on 7.01 acres Tony Barranco, President of Ryan Companies, north region, introduced Josh Ekstrand, Joe Conway, MaKinnah Collins, Justin Baggenstoss, and Chad Lockwood. Josh Ekstrand displayed a PowerPoint and detailed the application. He stated the site was bordered by Valley View Road and Topview Road east of the Home Depot north of Menards. The applicant proposed to construct 211 units on the seven-acre property with 268 parking stalls resulting in 1.3 stalls/unit. The Site Plan showed a natural setting with many amenities including walking trails in this heavily wooded site. 47 trees were to be removed and 49 would remain, and 224 trees were to be planted. There would be one access from Valley View Road which would be a right in right out only. Ekstrand displayed trip generation data and traffic impacts to compare with how the site was guided in the Comprehensive Plan. The multifamily building would be 35,000 square feet. Ekstrand displayed renderings of how the development met the neighborhood. There would be common spaces within the lobby connecting to the natural spaces outside. The materials were cement panel lap siding and brick, which would extend all the way around the building on three stories to the bump-outs. The plan incorporated variation in height and scale, and the pitched roof was designed to give a residential feel. Ekstrand displayed the view overlooking the pool deck and the walking trails northeast side of project, which also had a pet exercise area and space for outdoor sporting/games areas. Barranco stated his team worked with staff on the landscaping plan to incorporate the wetlands and stated this project had a comparable parking ratio of 1.3. He displayed several of these comparable sites which included Ironwood, The Fenley, The Barnum, and Eden Glen Apartments. Mette expressed concern that this was the lowest parking count on average and asked if there was a perpetual agreement with neighbor. Barranco replied his staff was in discussions with the neighboring office, which was interested in utilizing the trails. However a perpetual lease would be difficult to secure and he could not guarantee one. Mette recommended using the neighboring property for overnight/overflow parking only, and to incorporate this in the lease. She added she understood this would be challenging. Mette noted drivers coming in and out needing to make a U-Turn on Valley View Road and asked the developer to consider gaining access through the neighboring traffic light near Home Depot. Chad Lockwood, Associate Director, stated the traffic study did include analysis PLANNING COMMISSION MINUTES June 27, 2022 Page 3 of the turns. There were substantial constraints on site and cutting through the neighboring property was not a benefit as it would require them to negotiate easements. Mette asked if the eastbound left hand turn light on Valley View was a blinking yellow and Lockwood replied it was. Gooding stated he had looked at the site today around rush hour and many drivers making U-turns waited for 20-25 seconds after light changed with no one behind him. This was a concern, especially if there would be two or three cars in a queue. The alternative route across from the pet store seemed a better choice. He urged this issue be addressed. The data chart cited other projects in Hopkins and Bloomington but gave no data in relation to public transportation which is not a strong point of Eden Prairie. Joe Conway stated the only project with significant transit around it is among the examples was the Fenway; all the rest just had local buses. Taylor stated there was only one entrance in and out of the development and asked if there were plans to build another entrance. Lockwood replied there were numerous site plan revisions, but this site had a significant topography challenge with a 20-foot hill, and with county spacing guidelines only one entrance was possible at that point. Taylor asked how emergency vehicles would enter while people were trying to exit, and Lockwood replied upon review, one entrance was found to be acceptable. Taylor urged the Fire Marshall look at this development, and Lockwood replied Emergency Services did look at the plan. Farr asked for another look at the views, and Conway reviewed the site sections and property lines with the commission members, also showing the roofline views. Farr noted the traffic report identified a potential issue of the U-Turn at Valley View and Topview Roads and recommended that Valley View Road be widened to create a left-turn lane. Lockwood replied the County did not want the left-turn lane and found the existing arrangement to be acceptable. Mette asked why the window trim was white compared to the dark balconies. Barranco replied this was to break up the façade, and they wished to minimize the number of different window colors. Dark trim looked more jarring against the lighter background areas whereas the white was similar to a single-family scale. Mette asked if the HVAC vent was also white, and Conway replied it was a tan color close to the cement board siding. Mette asked for an explanation of how to deter people from cutting across the grass median at the firetruck left turn. Lockwood replied that was addressed by signage and an insurmountable curb. PLANNING COMMISSION MINUTES June 27, 2022 Page 4 Farr asked for a summary of the neighborhood meeting. Barranco replied there was one neighborhood meeting and one person attended who spoke about the project. Klima presented the staff report. The applicant proposed to construct a 211-unit, five-story multifamily apartment building with one level of underground parking and some surface parking on a seven-acre property located in the northwest quadrant of the intersection of Valley View Road and Topview Road. The property was currently guided Office in the Aspire 2040 Comprehensive Plan. The applicant was requesting an amendment of the Comprehensive Plan to reguide the property to Medium High Density Residential, which allowed 14 to 40 units per acre. The density of the project was proposed at 30 units per acre. The property was currently zoned Rural. The applicant is requesting to rezone the property to RM-2.5. Provided the Comprehensive Plan Amendment was approved, the RM-2.5 zoning would be consistent with the Comprehensive Plan. The project also met and exceeded the open space requirement of the multi-family district. The building materials complied with requirements. The original submittal did not include as much brick; the applicant worked with staff on incorporating more brick. Staff recommended visitor parking be provided off-site in the neighboring office park. Staff also recommended at least one stall be provided per unit. This application requested TIF financing with 20 percent units affordable at 50 percent AMI, with an inclusionary housing requirement at 80 percent AMI. Staff recommended additional review of the site be done to identify areas where structured parking under or aboveground could be provided. Klima noted the staff report had been written before the plans were revised to include the additional 16 parking stalls, bringing the ratio to 1.3 instead of 1.2. The applicant sought a wall signage waiver for one sign of 12 square feet. Staff recommended approval of the application. Mette asked for and received confirmation the building setback did not encroach on the wetland or trails. Grote noted younger people often did not have cars so he was not as concerned about the parking and asked if the development was targeted at any age or income demographic. Klima replied the project as proposed had no age restriction but was a market-driven general occupancy development. Mette asked for a parking comparison to the other projects given in the presentation. Klima replied her conversations with the applicant did explore the questions the commission members have asked. This site was unique in its constraints. Parking standards being applied to this project did reflect the recent PLANNING COMMISSION MINUTES June 27, 2022 Page 5 standard adopted in the last year, which was one parking stall per studio, and there were no plans to revise that downward. Gooding asked for and received clarification City recommended at least one stall per unit attached to a lease. He noted the applicant’s financial risk versus risk in providing less parking than usual. Kirk stated the City did have a concern regarding the parking because residents might have multiple vehicles and expect more parking. He worried about the impact to City streets in the area which were no-parking streets. Markos asked for and received the allowed height of 45 feet; the applicant was requesting a waiver 65 feet. If a story were added to provide additional parking below the building, she did not know if that would be requested and more research would be needed to know the consequences from a design standpoint. Grote asked how a building’s height was calculated and Klima replied it was measured from the grade plane of the building to the height of the midpoint of the roof . Mette asked if three parking islands could be eliminated to free up more parking, and Klima this could not be done without another waiver. Farr asked if staff agreed with the traffic study SRF, and Rue said they did. He did look at the U-turn at the flashing yellow arrow and said that traffic light’s timing could be programed to be protected (made green) at some times during the day if needed. Farr asked if there were potential negative impacts to City infrastructure or utilities, and Rue replied there were not. Farr asked for and received confirmation from Klima there were no concerns with the tandem parking layout. City Code did not distinguish or provide different standards for compact car stalls. Farr asked if stormwater pond consolidation was possible. Rue replied that had not been explored in detail but discussions with water resources staff discouraged this as too challenging. Farr asked what process there would be to allow the neighboring property to the west to provide easement parking. Klima replied the intention would be for visitor parking to be provided only during when the neighboring lot was vacant since that was an office space (for example, overnight, weekends). This would not be a nonconforming issue but an agreement, and therefore would not come before the commission. Gooding asked how Eden Prairie’s standard for parking compared to other jurisdictions, and Klima replied two stalls per unit per bedrooms was in line with other jurisdictions, though some offered even less. The City of Eden Prairie would PLANNING COMMISSION MINUTES June 27, 2022 Page 6 not monitor a private property for compliance in the case of this agreement with the neighboring property; remedy would be sought from the property owner/manager. Farr asked if eviction would be the solution in the case of noncompliance, and Klima replied she would need further research to answer. Eric Vinson, 12771 Vina Lane Vinson stated he was a 23-year resident of Eden Prairie. He lives across the street from this property. He encouraged the commission members to pull the previous minutes regarding traffic in the area and expressed concern about the number of units proposed. Further there was lack of neighborhood input with short notice of a neighborhood meeting, and with only property owners within 500 feet receiving a notification despite it affecting the entire neighborhood. This was a dangerous intersection and he feared for children in the development. Height was also a concern as he would be forced to look at a five-story building next to a residential neighborhood. Also, 220 residents with an outdoor swimming pool was a concern when he presently he could hear even a flock of turkeys in his yard. The neighboring office space was very quiet and he feared the development would not be. Karen Keeley, 11447 Anderson Lakes Parkway Keeley stated this was a historic area and the development would contribute more carbon dioxide, result in the loss of trees, with “replacement” only with smaller trees. She lamented the destruction of prairie land and forest and the encroachment of a concrete jungle. She added the developers were from out of town and disagreed Eden Prairie needed more growth. She opposed the project and the rezoning, and the removal of heritage trees, and warned more development brought more cars. She asked if an EAW had been done. Megan Dowtal-Olson 12781 Vina Lane Dowtal-Olson expressed concerned about pool when she hears church activities and asked if there would be noise restrictions. The view from Roberts looked impressive but her property and her neighbors’ were elevated, so the new development would become part of the horizon. She added larger lots were a big draw to this area and this development was not in keeping with the neighborhood. She also expressed concerned about lighting and asked for an estimate or rendering of potential light pollution. She asked where extra cars would park. She had moved from Minneapolis a few years ago and the first couple of blocks around light rail there were inundated with parked cars. She also asked what PLANNING COMMISSION MINUTES June 27, 2022 Page 7 “acceptable” meant in terms of the U-turn: a number, or some other metric? This was a vague answer to a very serious question. She feared people would park on Topview were the no-parking area stopped. Regarding the entrance, drivers entering the area from Highway 494 almost never obeyed the yield as it was and she found the U-turn to be in a terrible place. She also asked for a construction timeline, and if there would be noise from the construction. MOTION: Mette moved, seconded by Sherwood to close the public hearing. Motion carried 8-0. Farr asked Rue to explain the SRF traffic reports. Rue quoted from the traffic study. The intersection running west was uncontrolled and without a signal. There were nine U-turns during the peak hour, west to east, in the morning and during evening peak hours. The Intersection at Plaza saw two U-turns during the morning peak hour and eight during the evening peak. 2024 future conditions projected 30 western intersection U-turns in the morning peak hour to 40 in the evening peak, and at Plaza these ranged from ten in the morning peak hour to 30 in the evening peak hours. U-turns were based on sightlines, requiring a minimum of 460 feet. There was no ultimate number for a metric. Another diagram showed the amount of U-turn vehicles caused by this development: at the west intersection, there were 165 per day. Farr stated the impact to the neighborhood would be felt at the intersection of Topview and Valley View but would still be safe, and there would be no impact north of this intersection. Rue agreed. There was a marked crosswalk and pedestrian indicators on the east side, though not on the west. Farr asked what could trigger an EAW (Environmental Assessment Worksheet) or EIS (Environmental Impact Statement). Klima replied the Minnesota State Statute threshold for an EAW had not been met in this case, and the EIS had an even higher threshold. A Phase One Environmental Review had been completed. Farr suggested that noise complaints (such as a loud party) could go through the proper channels, and Klima agreed. Farr noted this was a private property development. The City had strategic plans for open space and allowed for private development, which could include tree removal, impacts to small animals, et cetera, that still fit the City’s Vision and Plan. He encouraged the public to study the Plan and documents. Farr noted the site lighting plan in the commission packet which called for downcast pole LED lighting, minimizing light pollution. Conway confirmed this, and added the lights were lower than the tree line. Farr stated property owners on high ground were not guaranteed to have or expect certain views. The zoning PLANNING COMMISSION MINUTES June 27, 2022 Page 8 change under discussion was part of the regular work of the commission to discuss. Residents of this development would probably park in the aisles rather than drive around the neighborhood, but if so such behavior would become a nuisance and would be dealt with accordingly. Mette asked how long residents could park on any Eden Prairie street and Rue replied one could park up to 24 hours in parking areas on the street. Taylor asked if there was data on accidents at the intersection of Topview and Valley View Road, and Rue there was but this required research. Mette stated she was a real estate multifamily developer and wished she had looked more into the parking ratios of this development. The average parking ratio was 1.3. She wondered how well the owner could educate his tenants to turn left or go straight to avoid U-turns. Gooding stated parking was a concern, however the younger generation did not buy as many cars and the commission had to be careful not to plan for an inappropriate tenant group. The U-turn was a concern but could be solved by a controlled turn if it became an issue. Kirk stated he was on the fence regarding this development. He saw some good ideas to develop this awkward piece of property, and all remaining buildable properties in Eden Prairie were awkward. He commended the creation of 55 affordable units and the effort to save trees. He was not as worried about traffic impact and thought the City did good job with planning infrastructure in general so no disasters arose. Parking was the main concern if it overlapped the City streets and neighborhoods with car with residents having no other place to park. Taylor stated he was also torn. Parking was the big issue and he warned against asking residents and neighbors to administer traffic patterns and to wait to see what happened as a result. He wanted to see the accident data and feared more accidents without suitable engineering. He urged there be another neighborhood meeting. Farr noted the density of units and traffic were concerns cited by residents. The building height was fine as he was concerned as demonstrated by cross-sectional views. The units were well screened and this zoning change was a better zoning transition to the neighborhood than office zoning. He agreed the City had a concern here with the number of parking stalls. The applicant was taking a financial risk that could impact the neighborhood and he wished the applicant success but that came with a caution: problems on the property had to stay on the property. Architecturally he found this to be a nice project. PLANNING COMMISSION MINUTES June 27, 2022 Page 9 Markos stated she was also on the fence but thought this could be a positive addition to the neighborhood. She was a frequent user of this intersection and the U-turn was a concern as people flew through the intersection. She agreed with Taylor not to wait for something to happen and wished the developer would add underground parking. She agreed the development fit well into the forested neighborhood. Mette replied the staff report did reference a development agreement requirement for parking, and if the commission recommended approval these conditions would be included as well. Conversations with staff about solutions would continue and perhaps a few more stalls could be squeezed in. Kirk commented for the public’s benefit: commission members were volunteer, unpaid and charged to advise the City Council, who was also an audience member to this discussion. The commission members in holding their meetings want the City Council to understand the concerns, strengths and weaknesses of a project so that when the City Council made the final decision it had all the relevant information. MOTION: Sherwood moved, seconded by Gooding to recommend approval of the Guide Plan Change from Office to Medium High Density Residential on 7.01 acres; Planned Unit Development Concept Review on 7.01 acres; Planned Unit Development District Review with waivers on 7.01 acres; Zoning Change from Rural to RM-2.5 on 7.01 acres; Site Plan Review on 7.01 acres; Preliminary Plat on 7.01 acres based on the conditions in plans stamp dated June 1, 2022, and the staff report June 23, 2022. Motion carried 6-1 (Grote nay) with one abstention (Kirk). PLANNERS’ REPORT Klima introduced Jeremy Barnhart, new City Planner. MEMBERS’ REPORTS VI. ADJOURNMENT MOTION: Sherwood moved, seconded by Kirk to adjourn. Motion carried 8-0. The meeting was adjourned at 8:52 p.m. CITY COUNCIL AGENDA SECTION: Public Hearing DATE: August 16, 2022 DEPARTMENT/DIVISION: Julie Klima, Community Development Director; Jeanne Karschnia, Housing Services Coordinator ITEM DESCRIPTION: Public Hearing to solicit comments on the Fiscal Year 2021 Consolidated Annual Performance and Evaluation Report (CAPER) ITEM NO.: IX.B. Requested Action Hold a public hearing to solicit comments on the Fiscal Year 2021 Consolidated Annual Performance and Evaluation Report (CAPER). No formal action is required by the City Council. Synopsis The 2021 Consolidated Annual Performance and Evaluation Report (CAPER) evaluates the City of Eden Prairie’s accomplishments towards meeting the five-year goals defined in the Consolidated Plan, as required by the Department of Housing and Urban Development (HUD), for communities receiving Community Development Block Grant (CDBG) funding. The 2021 program year began July 1, 2021 and ended June 30, 2022 and is the second grant period of the 2020-2024 Consolidated Plan. Background Information The five-year goals of the Consolidated Plan are the quantitative unit and service goals for the Hennepin County Consortium, which includes Hennepin County, and the cities of Bloomington, Plymouth, and Eden Prairie. Support of housing programs and public services is seen as a high priority for the City of Eden Prairie. Through CDBG funds, Eden Prairie supported family, youth, and housing activities for seniors, disabled, and low-income residents which included: • Affordable Housing • Rehabilitation of Private Property • First Time Homebuyer Assistance • Public Services HUD requires at least two public hearings be held each program year to provide opportunities for residents and interested representatives of local organizations to be involved in reviewing program activities, the local needs of low and moderate-income persons and proposed uses for CDBG funds. In conjunction with Hennepin County, Eden Prairie will hold two public hearings in the current fiscal year with the first being advertised for and held this evening. Any comments received during the meeting, or in writing during the comment period, will be submitted to HUD as part of the CAPER package. The second public hearing will be advertised and held by the Eden Prairie City Council in or around March 2023 to obtain public comment on proposed activities for CDBG funding for the 2023 program year. Attachment 2021 CDBG Consolidated Annual Performance and Evaluation Report City of ĚĞŶWƌĂŝƌŝĞ FY 2021 DRAFT Consolidated Annual Performance and Evaluation Report CAPER 1 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-05 - Goals and Outcomes Progress the jurisdiction has made in carrying out its strategic plan and its action plan. 91.520(a) This could be an overview that includes major initiatives and highlights that were proposed and executed throughout the program year. • $218,079 of the City’s 2021 CDBG allocation and $70,000 in program income and prior year funds was budgeted for the city's Rehab program and affordable housing programs to help provide decent housing, while maintaining affordability and sustainability. These funds were used in the rehabilitation of nine low/mod income owner-occupied homes. Three homeowners used both the rehab program and the emergency rehab program. CDBG formula funds were used by the West Hennepin Affordable Housing Land Trust to help acquire one single family property which will be sold to a low/mod income first time homebuyer. Two non profits received grants to make their facitilites ADA compliant. • $61,000 of the City’s CDBG allocation and $6,000 in program income was budgeted for public service programs that provide assistance to low/moderate income seniors, families, youth and individuals. These funds helped provide access to suitable living environments, maintain affordability, availability and accessibility to housing activities. Sixty-three low/mod income Eden Prairie households received assistance during 2021. • $2,000 of the City’s CDBG allocation was used for fair housing activities. The City funds and participates in the Fair Housing Implementation Council (FHIC), a regional housing consortium that works on region-wide fair housing strategies. This group, working with a non-profit consultant, recently completed its new Analysis of Impediments (AI) and is set to begin strategizing around some of the impediments identified. • $30,000 of the City’s CDBG allocation and $25,000 in prior year program income was budgeted for administration of the CDBG program. • The city was awarded $399,571 in CDBG-CV (Coronavirus) funds in 2020. $51,814 was expended on facility rehab and $89,000 was expended for Public Service programs. These public service programs included rental and mortgage assistance, food support and staff costs. In 2021, the City of Eden Prairie received $311,079 in CDBG funding and $219,688.22 in CDBG program income. In June of 2020, the U.S. Department of Housing and Urban Development (HUD) allocated $168,055 of Coronavirus Aid, Relief, and Economic Security Act (CARES Act) funding to the City of Eden Prairie. The CDBG CARES Act funding (CDBG-CV) prioritized the unique needs of low- and moderate-income persons and the development of partnerships between government and non-profit sectors. CDBG-CV funds were used to support CDBG subgrantees in serving low and moderate-income residents to prevent, prepare for and respond to the Coronavirus pandemic. CAPER 2 OMB Control No: 2506-0117 (exp. 09/30/2021) An additional allocation in the amount of $231,516 was granted to the City in late 2020. The city was awarded $399,571 in CDBG-CV funds during 2020 and expended $140,814 of these funds during the 2021 program year. Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g) Categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators, units of measure, targets, actual outcomes/outputs, and percentage completed for each of the grantee’s program year goals. Goal Category Source / Amount Indicator Unit of Measure Expected – Strategic Plan Actual – Strategic Plan Percent Complete Expected – Program Year Actual – Program Year Percent Complete Acquisition Affordable Housing CDBG: $ Homeowner Housing Added Household Housing Unit 5 2 40.00% 1 1 100.00% Administration Administration CDBG: $ Other Other 1 1 100.00% 1 1 100.00% Direct Homebuyer Assistance Affordable Housing CDBG: $ Homeowner Housing Added Household Housing Unit 5 3 60.00% 1 0 0.00% Fair Housing Fair Housing CDBG: $ Other Other 1 1 100.00% 1 1 100.00% Homeowner Rehabilitation Affordable Housing CDBG: $ Homeowner Housing Rehabilitated Household Housing Unit 30 28 93.00% 10 10 100.00% Public Services Non-Homeless Special Needs Non-Housing Community Development CDBG: $ Public service activities other than Low/Moderate Income Housing Benefit Persons Assisted 100 27 27.00% 15 7 47.00% CAPER 3 OMB Control No: 2506-0117 (exp. 09/30/2021) Public Services Non-Homeless Special Needs Non-Housing Community Development CDBG: $ Public service activities for Low/Moderate Income Housing Benefit Households Assisted 75 26 35% 15 8 53.00% Rehab Grants Non-Homeless Special Needs CDBG: $ Facade treatment/business building rehabilitation Business 6 2 33% 1 2 200.00% Rental Housing Rehabilitation Affordable Housing Non-Homeless Special Needs CDBG: $ Rental units rehabilitated Household Housing Unit 1 0 0.00% Senior Services Non-Homeless Special Needs Non-Housing Community Development Senior Public Service CDBG: $ Public service activities other than Low/Moderate Income Housing Benefit Persons Assisted 150 63 42% 38 34 89.00% Youth Services Non-Housing Community Development CDBG: $ Public service activities other than Low/Moderate Income Housing Benefit Persons Assisted 15 5 33% 3 1 33% Table 1 - Accomplishments – Program Year & Strategic Plan to Date CAPER 4 OMB Control No: 2506-0117 (exp. 09/30/2021) Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan, giving special attention to the highest priority activities identified. All activities undertaken by the City of Eden Prairie have a high ranking in the Five Year strategic plan. These activities include Homeless Prevention (PROP), Senior Community Services, Child Care (PROP), Car Repair (PROP), West Hennepin Affordable Housing Land Trust (WHAHLT), First Time Homebuyer and Housing Rehab. Their prioity in the strategic plan was high serving those households who were at or below 80% Median Family Income. Since decent, affordable housing is of the highest priority for the city, it is very important that Housing Rehab, Homeless Prevention (PROP), First Time Homebuyer and WHAHLT meet their goal. The city strives to provide and maintain it's affordable housing stock. The city also uses TIF funds to finance its Rehab program and First Time Homebuyer programs. These TIF funds serve households whose income falls between the 80% and 100% AMI income limit. One first time homebuyer was able to purchase a home in Eden Prairie and eight households received rehab assistance using TIF funds. Eden Prairie was awarded $399,571 in CDBG-CV funds. These funds were used by PROP, Eden Prairie’s emergency assistance provider, to prevent, prepare for and respond to the coronavirus through emergency assistance programs that serve low/mod income Eden Prairie residents. Using these funds, PROP was able to assist 3,486 low/mod income Eden Prairie residents with rental and mortgage assistance, food support and referral services for those adversely affected by the coronavirus. Two nonprofits were able to modify their facilities to prevent, prepare for and respond to the coronavirus and safely serve their clients. CAPER 5 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-10 - Racial and Ethnic composition of families assisted Describe the families assisted (including the racial and ethnic status of families assisted). 91.520(a) CDBG White 49 Black or African American 4 Asian 4 American Indian or American Native 2 Native Hawaiian or Other Pacific Islander 0 Total 59 Hispanic 5 Not Hispanic 54 Table 2 – Table of assistance to racial and ethnic populations by source of funds Narrative Eden Prairie served Sixty-three households during 2021. The majority of clients served were white (46), but other races were also served including Black/African American (4), African American and White (3), Asian (4), American Indian and White (2), American Indian and Black (2) and those reporting more than one race (2). Five of the households were Hispanic. A demographic snapshot of Eden Prairie, notes Eden Prairie's population as 64,198. 70% of Eden Prairie's population identified as white alone, 7% identified as Black or African-American, 14% as Asian and 5% identified as Hispanic. The percentage of households identifying as Black or African American, White and Hispanic that were assisted with CDBG funds is consistent with these statistics. Eden Prairie served 3,486 low/mod income residents with CDBG-CV funds to prevent, prepare for and respond to the coronavirus. Many races were served with these funds; White (1,653/47%) Black/African American (590/17%), African American and White (155), Asian (156/4%), American Indian (6), American Indian and White (24) Asian and White (110) and those reporting more than one race (792). 799/23% of the households were Hispanic. CAPER 6 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-15 - Resources and Investments 91.520(a) Identify the resources made available Source of Funds Source Resources Made Available Amount Expended During Program Year CDBG public - federal 732,080 372,600 Table 3 - Resources Made Available Narrative $201,312.35 – Unexpended CDBG funds at end of previous program year $311,079.00 - 2021 Entitlement Grant $219,688.22 - 2021 Program Income $732,079.57 – Total CDBG funds available in 2021 $174,996.97 – Expended for Single Family Rehab $ 80,000.00 – Expended for Affordable Housing $ 42,131.49 – Expended for Public Services $ 2,000.00 – Expended for Fair Housing Activities $ 73,471.21 – Expended for Program Administration $372,599.67 – Total CDBG expended during 2021 $199,612.00 – Unexpended CDBG-CV Grant (Funds listed as Other in Table 4) $ 51,814.00 – Expended for facility rehab $133,333.00 – Expended for rental/mortgage assistance $ 12,458.00 – Expended for Food Support $ 2,007.00 – Expended for rental assistance support staff $ 140,814.00 – Total CDBG-CV Expended during 2021 Identify the geographic distribution and location of investments Target Area Planned Percentage of Allocation Actual Percentage of Allocation Narrative Description Citywide 100 Table 4 – Identify the geographic distribution and location of investments Narrative All CDBG and CDBG-CV funds are distributed citywide. Because there are no concentrations of poverty or other significant factors, all programs are available city-wide. CAPER 7 OMB Control No: 2506-0117 (exp. 09/30/2021) Leveraging Explain how federal funds leveraged additional resources (private, state and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the plan. The CDBG funds that the City receives go towards leveraging other government and private funds by the subrecipients. The city does not use these funds to leverage funds that benefit the city directly. Many of the public service subrecipients who receive City of Eden Prairie CDBG funds use these funds to leverage other funds, including those from private foundations, private individual donors, as well as other City funds. PROP and Senior Community Services together leverage the following amounts: Federal Funds - $60,000 Local Funds - $266,000 Other Funds - $309,456 Total Leveraged Funds - $635,456 No public owned land or property located within the jurisdiction were used to address the needs identified in the plan. CAPER 8 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-20 - Affordable Housing 91.520(b) Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely low-income, low-income, moderate-income, and middle-income persons served. One-Year Goal Actual Number of Homeless households to be provided affordable housing units 0 0 Number of Non-Homeless households to be provided affordable housing units 2 1 Number of Special-Needs households to be provided affordable housing units 0 0 Total 2 1 Table 5 – Number of Households One-Year Goal Actual Number of households supported through Rental Assistance 15 8 Number of households supported through The Production of New Units 1 0 Number of households supported through Rehab of Existing Units 10 10 Number of households supported through Acquisition of Existing Units 1 1 Total 27 19 Table 6 – Number of Households Supported Discuss the difference between goals and outcomes and problems encountered in meeting these goals. The city of Eden Prairie did not meet their affordable housing unit goal this year. The current trend of low inventory of existing homes, rising home costs and higher interest rates makes affordable homeownership a challenge for many low/mod income families. The city was unable to provide down payment assistance to first time home buyers using CDBG funds during 2021. The city also finances its First Time Homebuyer program with TIF funds that have a 100% AMI income limit. One first time homebuyer was able to purchase a home in Eden Priarie using these higher income TIF funds. WHAHLT acquired a property in Eden Prairie during 2021 that will be sold to a low/mod income first time homebuyer. Eight people received rental and mortgage assistance through PROP which helped the families avoid homelessness through eviction and foreclosure. The city's housing rehab program also met its goal by rehabilitating ten homes during 2021. Of these ten homes, three were also a part of the CAPER 9 OMB Control No: 2506-0117 (exp. 09/30/2021) Emergency Rehab program. Through the rehab program, sustainability and affordability are maintained. Discuss how these outcomes will impact future annual action plans. The city's Rehab program had positive outcomes during 2021. The city would like to increase the number of households served with this program as well as the First Time hOmebuyer Program. The city will continue to market its First Time Homebuyer Program in 2022 to attract more first time homebuyers in Eden Prairie. Currently, the city of Eden Prairie is able to use prior year program income to fund the facility rehab, First Time Homebuyer and Housing Rehab programs which will help increase our outcomes in 2022. If after 2022, these funds are no longer available, the city will look to support it through our CDBG Entitlement Grant funds which may result in lower outcomes due to less funding. Include the number of extremely low-income, low-income, and moderate-income persons served by each activity where information on income by family size is required to determine the eligibility of the activity. Number of Households Served CDBG Actual HOME Actual Extremely Low-income 24 0 Low-income 26 0 Moderate-income 13 0 Total 63 0 Table 7 – Number of Households Served Narrative Information The City of Eden Prairie is continually trying to add new affordable housing units and maintain the condition of existing units. The City works with developers as they come into the City with a new development to add affordable units. In order to maintain the housing stock, the City offers a Deferred Housing Rehabilitation loan using its CDBG funds. The loans assist those individuals whose income is at or below 80 percent of the area median income, many of whom live in the more affordable housing stock in the City, to maintain the quality of home. Eden Prairie seeks ways to make affordable housing a reality for families of low/moderate income. The Eden Prairie First Time Homebuyer Program offers a zero interest, deferred loan with the City of Eden Prairie holding a second mortgage on the property. The deferred loan helps first time homebuyers offset the cost of purchasing a home by providing assistance with down payment, closing costs, and mortgage principle reduction. Repayment of the loan is required when the home is sold or no longer homesteaded within the first 30 years. After 30 years, the loan becomes due and payable. Financial assistance is provided up to $10,000. CAPER 10 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending homelessness through: Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs The City of Eden Prairie is part of the Hennepin County Consortium and when presented with someone needing access to services to reduce or end homelessness, would refer them to our network of social service agencies as well as Hennepin County. The accomplishments stated within this objective are those of the Hennepin County Consortium Hennepin County hosts robust outreach programs for the unsheltered homeless populations provided by nonprofit organizations, including extensive specialist youth outreach connected to Sexually Exploited Youth programming and other youth specific services. Outreach is provided at locations where people experiencing homelessness are known to congregate in the evening, including parks, overpasses, abandoned structures, and other places not meant for human habitation. Outreach efforts have extended to public transit over this past year, as people experiencing homelessness have gravitated to the new light rail system that operates all night. During the day, outreach staff focus on locations where unsheltered individuals gather – meal programs, the downtown library, common “panhandling” streets, and drop-in centers. Outreach programs conduct initial engagement, harm minimization, and connection to services for people who are unsheltered. They conduct assessments and refers people directly to housing through the Continuum of Care’s (CoC) Coordinated Entry System (CES). Hennepin County’s Healthcare for the Homeless staff regularly accompany outreach teams to provide healthcare directly to those unsheltered or living outdoors. To address the disproportionate number of unsheltered Native Americans in the community, Hennepin County worked with a Native American-specific agency to launch new culturally specific outreach and low-barrier housing programs. First launched in 2017, there are now three housing programs offering a total of 52 units of non-time limited supportive housing for people coming directly from the streets with chemical dependency issues and desiring culturally specific services. Additionally, two Native agencies have opened up overnight drop-in centers in the last year in which people can seek respite during the evening hours and get connected to services. Hennepin County supports two daytime Opportunity Centers, which serve as one-stop shop service centers for single adults and youth. The Opportunity Centers are a key component to engage people into the shelter and Coordinated Entry system and also host Healthcare for the Homeless clinics. The Youth Opportunity Center also recently extended its hours to be open for youth throughout the night. Eden Prairie is collaborating with Onward Eden Prairie to provide housing to youth who are homeless or at risk of homelessness. The program offers supportive housing with supervision and case management CAPER 11 OMB Control No: 2506-0117 (exp. 09/30/2021) to help young people get the education and job skills to lift them out of poverty. MoveFwd, funded through the City of Eden Prairie General Fund, provides homeless teens with safe housing. MoveFwd has launched a Host Home program in Eden Prairie that matches a homeless teen with a volunteer family to provide a longer term safe housing environment for the teen. Addressing the emergency shelter and transitional housing needs of homeless persons Hennepin County is the primary funders of single adult, family, and youth-specific shelters in the community. Soon after the first confirmed COVID-19 case in Minnesota, Hennepin County moved hundreds of seniors and others at greatest risk of complications from COVID-19 from shelters into protective and isolation shelter in leased hotel rooms. Hennepin was one of the first in the nation to do so, and we attribute our lack of major COVID-19 outbreak amongst people experiencing homelessness to this early intervention. Hennepin used our ESG-CV and CARES Act Coronavirus Relief Funds to increase shelter case management, 24-7 capacity, and safety protocols, to create a successful “Hotels to Housing” team, to finance the “indoor village” and Native shelter referenced above, and to purchase four properties to continue protective and isolation shelter past December 2020. At present the community provides 115 family shelter rooms (with overflow provided as needed in line with our shelter-all commitment), 734 congregate shelter beds for single adults, and 76 youth-specific shelter beds. In addition, the County currently provides emergency and isolation shelter to 171 people in non-congregate hotel-based shelters set up in response to COVID-19.The Adult Shelter Connect bed reservation system and shared HMIS allow us to allocate resources more efficiently while reducing the level of daily trauma and stress experienced by people experiencing homelessness. In response to the increases in single adult and unsheltered homelessness since 2019, Hennepin County has drastically increased its support of the homeless response system for single adults. The County has funded new case management services in the larger shelter, converted shelters to accommodate couples together, provided more systematic training, and established a new small-scale women-only shelter in 2020. Hennepin has retained some Transitional Housing, particularly for youth or households experiencing domestic violence, while others have been reshaped into Rapid Rehousing opportunities in line with HUD’s overall direction on transitional housing. The City of Eden Prairie has worked extensively with other agencies to respond to homelessness issues. Programs through PROP and HOME Line, provide services to help with housing related issues, such as tenant-landlord issues and emergency housing assistance. MoveFwd, funded through City of Eden Prairie General Fund, provides youth experiencing housing instability with safe housing. Immanual Lutheran owns a property in Eden Prairie that serves as a supportive housing program for youth seeking stable housing. PROP provided Homeless Prevention assistance using CDBG-CV funds. These funds were used for rental and mortgage assistance to help low/mod income Eden Prairie residents who were adversely affected by the coronavirus remain in their homes. Many of these families lost jobs or were CAPER 12 OMB Control No: 2506-0117 (exp. 09/30/2021) unable to work because of the coronavirus. Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs Hennepin county launched an eviction prevention pilot in 2018 to move prevention assistance upstream before an eviction is filed in civil court. The pilot has been extended and has led to the establishment in 2020 of a Tenant Resource Center. The Center offers colocated and coordinated financial assistance, mediation, legal aid and homelessness prevention services. This has successfully prevented low income households from eviction and, by extension, the risk of imminent homelessness. Homeless prevention dollars from Minnesota (Family Homeless Prevention and Assistance Program) focus on repeat shelter users, those most at risk of returning to shelter and becoming chronically homeless, in all geographic areas of the county. The county will continue to work with specific cities to ensure that residents can get support in their local communities. Many people exiting institutions meet the definition of long-term and often also chronic homelessness, and thus are housed through the Coordinated Entry System. The Corrections Department developed an effort to include stable housing as part of the discharge planning from jail for those with serious behavioral health needs, and a program to connect people with serious mental illness booked into the pre-adjudication jail with mental health in-reach prior to release from jail. Hennepin County’s Healthcare for the Homeless team has developed discharge specialist capacity to work on preventing discharges from the Hennepin County Medical Center to homelessness, and will be launching a 30-bed recuperative care facility for people experiencing homelessness in 2022. Finally, the County operates the “Hennepin Housing Key” which is an on-line resource of openings in specialized housing for people with disabilities or those experiencing homelessness. =County and community case managers use the Key to find housing for people exiting treatment or care or for County clients who need to move. In 2021, Eden Prairie funded Onward Eden Prairie through its general fund to support transitional housing for instability housed youth. Referrals from the Office of Housing and Community Services (OHCS) to Homeline helped tenants understand rights and responsibilities in maintaining housing. OHCS staff participated in Homeline webinars to stay abreast of changing information around the eviction moratorium and available resources. The Eden Prairie Property Manager’s Collaborative is made up of representatives from multifamily properties in Eden Prairie. The group meets on a bimonthly basis for networking, professional development and community updates. Guest speakers have provided training to members while community organizations have attended to provide an overview of services available to residents. During 2021, the Property Manager’s Collaborative hosted conversations on sustainability efforts and Domestic Violence. Attendees also use the meeting as a time to share updates about their CAPER 13 OMB Control No: 2506-0117 (exp. 09/30/2021) properties and ask advice about issues they are experiencing at their property. The city consulted PROP to help with planning the best way to use CDBG funds to prevent homelessness. Covid-19 continued to increased the risk of homelessness for Eden Prairie residents during 2021. The city used CDBG-CV funding to address homelessness during Covid-19 by supporting PROP through rental assistance and additional staffing costs. The city relies on PROP to forward their data to the city so that we are able to prevent homelessness before it becomes a problem. The city understands that funding PROP is a high priority in the fight against homelessness. PROP assists Eden Prairie residents who are in danger of becoming homeless and need housing assistance. Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again Hennepin County works across Departments and with local providers and foundations to coordinate homeless prevention programs and move homeless prevention assistance upstream to the point before an eviction is filed in civil court. This collaboration led to the establishment in 2020 of a Tenant Resource Center in the zip code with the highest concentration of evictions. The Tenant Resource Center offers co-located and coordinated financial assistance, mediation, legal aid and homelessness prevention services such as the County’s Emergency Assistance and Emergency General Assistance as well as homeless prevention dollars from Minnesota (Family Homeless Prevention and Assistance Program). During the pandemic, the Tenant Resource Center shifted to a phone-based resource, but the County used CARES Act Coronavirus Relief Fund to create a ‘virtual’ web-based Tenant Resource Center at the end of 2020. In 2020, Hennepin County allocated $16.2 million of CARES Act CRF to emergency rental assistance, along with its first round of CDBG-CV. In 2022, Hennepin was one of the first jurisdictions to start distributing Emergency Rental Assistance, and had already distributed $12M by the end of this Program Year. These funds were successfully distributed to households at highest risk of housing instability and of COVID-19 impacts. This support, together with the State’s emergency eviction moratorium, led to cutting the number of families using shelter in half. Many people exiting institutions meet the definition of long-term and often also chronic homelessness, and thus are housed through the Coordinated Entry System. The Corrections Department developed an effort to include stable housing as part of the discharge planning from jail for those with serious behavioral health needs, and a program to connect people with serious mental illness booked into the pre-adjudication jail with mental health in-reach prior to release from jail. Hennepin County’s Healthcare for the Homeless team has developed discharge specialist capacity to work on preventing discharges from the Hennepin County Medical Center to homelessness, and will be launching a 30-bed CAPER 14 OMB Control No: 2506-0117 (exp. 09/30/2021) recuperative care facility for people experiencing homelessness in fall 2021. The City of Eden Prairie has access to these services and refers anyone needing help to the above services and to the extent possible, follows up to ensure the proper assistance was provided. CAPER 15 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-30 - Public Housing 91.220(h); 91.320(j) Actions taken to address the needs of public housing There are a variety of housing options and choices in Eden Prairie, from Section 8 rental housing for low income residents to “executive estates” with large single family homes, and many life cycle housing options in between. Of the approximately 25,000 total housing units, 73% are ownership and 27% are rental. There are approximately 1,000 subsidized rental units located throughout Eden Prairie, but this number is soon to grow with several developments near ground breaking or in the entitlement process. Eden Prairie uses a “scattered site” approach to providing affordable housing, preventing the concentration of low income housing in any one part of the City. Developers who are seeking financial assistance from the City, generally Tax Increment Financing (TIF), must make 20% of their units affordable for households at or below 50% of the Area Median Income (AMI). Over the past few years, development interest has intensified due to a combination of the dwindling number of development sites and the intensification of uses around four light rail transit stations the City will host on the Twin Cities’ Green Line. Eden Prairie does not own or manage any public housing assets, though there are approximately two hundred scattered site single family homes under operation of HUD and the Metropolitan Council’s Metro HRA. Eden Prairie is also home to three Section 8 Project-Based complexes with 355 units. Eden Prairie strives to ensure that all developments include at least some affordability. In addition to its frequent use of TIF, the City also secures affordability through its inclusionary housing practice. The practice currently offers developers a choice to do 5% of units affordable at or below 30% of AMI, 10% at 50%, or 15% at 60% of AMI, and requires units to be kept affordable in perpetuity, even surviving sale of the property to subsequent ownership. After soliciting comment from the City Council, Planning Commission, and housing advocates, the City of Eden Prairie Housing Task Force took up an inclusionary housing policy as its primary issue. In August, 2021 the Eden Prairie City Council approved the first reading of an inclusionary housing ordinance and supporting policy, and staff expects these to be codified in September. The ordinance will be added as its own chapter in City Code and the policy will be integrated into the City’s comprehensive plan, Aspire Eden Prairie 2040. Eden Prairie has a large Somali immigrant population, estimated to number approximately 4,000 people. While most Somali families live in apartment complexes, including the Project Based Section 8 complexes, there is a trend toward Somali ownership and rentals of single family homes. Eden Prairie has a large number of group homes that provide supportive care for developmentally delayed adults, aftercare treatment for teens with chemical addictions and memory care support for elderly people. A residential treatment facility for people with HIV/AIDS has existed in Eden Prairie for nearly 20 years. There is no estimate available on the number of abandoned buildings or their prospect for rehabilitation. Actions taken to encourage public housing residents to become more involved in CAPER 16 OMB Control No: 2506-0117 (exp. 09/30/2021) management and participate in homeownership The city encourages low/mod income residents to participate in homeownership by providing a First Time Homebuyer Program that offers downpayment assistance to low/mod income first time homebuyers. Eden Prairie requires paricipants of the program to attend a Home Stretch course through Community Action Partnership – Hennepin County (CAP-HC) or online through Framework. These programs provide the certification necessary for applicants to be included with Eden Prairie homeownership programs. Actions taken to provide assistance to troubled PHAs The city of Eden Prairie does not have Public Housing. Although, the city does not have public housing, maintaining, preserving, and adding to the City’s affordable housing stock has been a priority for the City for many years. Through the use of CDBG funds, a housing rehabilitation program has allowed low/mod income homeowners to stay in their homes, yet maintain the quality of the unit, many of which are affordable. Additionally, the City has initiated a First Time Homebuyer Program to assist low/mod income people with purchasing their first home. Finally, the City and developers of new housing work together to include affordable housing in their developments and also to maintain the long-term affordability of these units. The City offers a Housing Improvement Area (HIA) program to assist homeowner associations in making necessary structural improvements to keep the properties viable. HIA’s are offered as “last resort” financing to homeowners associations who are unable to secure bank financing to pay for the improvements. HIA’s are structured to assess the amount of the loan to the individual homeowner’s property tax and repaid over a period of 15 years. The City uses Tax Increment Financing (TIF) Agreements when possible as an incentive to housing developers to include affordable housing in their developments and also to maintain the long-term affordability of these units. TIF pooled housing funds were used to assist first time home buyers and housing rehabilitation clients whose incomes exceeded the CDBG guidelines but were within the 100% AMI guidelines. CAPER 17 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j) Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. 91.220 (j); 91.320 (i) As mentioned, in summer 2019, at the direction of the City Council, a Housing Task Force was formed with the charge of researching various housing policies and making recommendations to City officials on steps they might take to support the construction, rehabilitation, and preservation of affordable and mixed-income housing in Eden Prairie. Topical areas the group explored and made recommendations on include the aforementioned inclusionary housing, naturally occurring affordable housing (NOAH), local affordable housing trust funds, senior housing, housing opportunities adjacent to light rail transit, tenant protection ordinances, and more, with an affordable trust fund now expected to follow temporally after passage of an inclusionary housing ordinance. Particularly for the inclusionary policy, in recognition of the economic costs it puts on development deals, the task force looked to a number of potential tools to offset revenues lost. These include upzoning for higher density, zoning in opportunity areas such as transit corridor stops, reduction of parking requirements, full or partial waiver of certain fees such as park dedication and SAC and WAC, and others to try to enable new production of affordable housing while keeping it financially feasible. Since our last CAPER, the City has been actively courting development projects that meet its vision and housing goals. While the mechanics of these deals requires creativity and negotiation, we have been able to secure affordability long-term and diversify our affordable offerings. For example, the upcoming project Paravel will have approximately 250 units, 20% of which will be affordable to households earning 50% or less of the area median per TIF, but will also add 7 units at 80% AMI and 6 units at 100% AMI (the mod income units will remain beyond the TIF and be affordable in perpetuity). A new Presbyterian Homes project, the Flagstone, will feature 5% of units affordable at or below 30% AMI, and will be applied within the skilled nursing bed section of the facility, bringing a different housing type into our affordable portfolio. Projects in the entitlement stages include the Ellie and the Greco/Eagle Ridge project, the first of which would add an additional 250 units with 20% affordable at or below 50% of AMI (via TIF) and an additional 5% at or below 80% (its inclusionary contribution). The Greco/Eagle Ridge site will follow the same affordability parameters but the two-phase project is expected to bring another 450 housing units to Eden Prairie. Interest in 100% affordable properties has been growing of late too, with several sites under consideration by various developers. The City also has an active rental licensing program that allows inspections of rental properties on a scheduled basis and as needed in emergency situations. This program has prevented the eviction of low income families by forcing landlords to comply with fair housing laws and building codes. This program has also helped to keep families and individuals in affordable, safe and decent housing, particularly with the help of a community liaison that often accompanies the inspector looking for ways to address any social or domestic issues that may be in play. New licensees are required to complete a Fair Housing CAPER 18 OMB Control No: 2506-0117 (exp. 09/30/2021) training in order to receive their rental license. Finally, the City funds and participates in the Fair Housing Implementation Council (FHIC), a regional housing consortium that works on region-wide fair housing strategies. This group, working with a non- profit consultant, recently completed its new Analysis of Impediments (AI) and is set to begin strategizing around some of the impediments identified. Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j) The City is in contact on a regular basis with a number of non-profit agencies, which coordinate and provide assistance for those that have underserved needs. Some of those agencies, such as PROP and Senior Community Services, are funded with CDBG funds from the City. OHCS staff participated in the Community Ed Impact Council and Non Profit Coffee Klatch to stay updated on changing community needs through updates from local non-profit organizations. The city continues to partner with the YMCA and Briarhill, the project-based Section 8 development, to offer a year round program for youth residing in the complex. At the onset, this program offered half day programming two times a week during the summer at no cost to the families. The program has grown to a year round program that provides tutoring and after school activities to Briarhill residents. As they age out of the program, many of the youth who started in the program as participants are now helping as counselors. This program has brought an educational, fun program to over thirty youth who otherwise would not have been able to participate due to financial and transportation constraints. The city facilitated a partnership between Senior Community Services (SCS) and the Eden Prairie fire department to provide additional assistance to seniors in need. These seniors are identified by emergency response personnel during calls for assistance for things such as falls or welfare checks. SCS provided follow up calls to offer additional services. The OHCS Somali liason connects vulnerable elderly Somali residents with other families that can assist them with household chores and care for their needs. During 2021, the city of Eden Prairie partnered with local nonprofits to serve Eden Prairie residents facing hardships due to Covid-19. The YMCA Neighborhood Center shifted to a community hub to support Eden Prairie families with basic needs and distance learning support. The OHCS hosted conversations with Somalian community leaders, multifamily properties, and Hennepin County to discuss vaccine access barriers and resources available. Eden Prairie’s Office of Housing & Community Services has Somali and Spanish speaking staff to allow residents to express the needs of their community in their preferred language. This allows residents to participate personally instead of requiring the use of a translator or family member. The City provides employment assistance to job seekers with limited English skills and computer competencies. Staff assist with on-line job applications and resume building. The OHCS Somali liason provided unemployment and CAPER 19 OMB Control No: 2506-0117 (exp. 09/30/2021) job assistance to 148 Eden Prairire residents who were unemployed due to Covid-19. The liason created a WhatsApp group for the Somali community to connect them to Covid-19 resources and vaccinations. The City participates in the Regional Housing Preservation Work Group. This is a group comprised by local city staffs, housing advocacy groups, and others including the Minnesota Housing Finance Agency and the Metropolitan Council. The group is working on strategies to promote and actively preserve affordable housing, particularly in key areas threatened by gentrification such as communities along the proposed Southwest Light Rail Transit (SWLRT) line. Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j) Participants in the City’s Housing Rehabilitation Program who reside in a house built prior to 1978 are required to have their home tested for lead-based paint prior to receiving a loan. The lead-based paint testing is completed by Hennepin County. If lead hazards are found, they must be corrected and the home must pass a clearance test before the project is considered complete. If the clearance test does not pass, the corrections and re-testing must continue until the home does pass. This process is completed following HUD regulations and guidelines. If lead is found in the home and children are present, the city will work with the county to help the family apply for county grants in order to address the lead hazards. These grants will provide for temporary housing of the family while the work is being performed as well as paying for a portion of the lead abatement work. Once the home has passed a clearance test, the family will be allowed to move back home. The housing stock in Eden Prairie is newer and there are not many households that participate in the housing rehabilitation program that are built prior to 1978. Since 2004, Hennepin County has taken a comprehensive approach to preventing childhood lead poisoning including community outreach and education, in-home lead education visits, lead risk assessments, lead hazard reduction, and contractor training. To date, Hennepin County has been awarded 12 HUD Office of Lead Hazard Control and Healthy Homes grant, totaling $39 million. Hennepin County is currently administering a 2017 HUD Office of Lead Hazard Control and Healthy Homes grant in the amount of $3.4 million to continue the program through 2021 and was awarded a 2019 lead-based paint grant for $5.6 million to run through 2023. Since 2003, the lead grant programs have completed over 4,850 lead hazard reduction projects. Hennepin County is also administering a grant award from the Centers for Disease Control that is allowing us to increase our outreach and education especially to the most at risk populations and geographies through mini grant to community partners who already serve and are trusted in the targeted populations and geographies. These grants demonstrate Hennepin County's continued efforts to provide affordable and safe housing to its residents while working toward the goal of eliminating childhood lead poisoning. The funds may be used throughout Hennepin County. Eight members of the Hennepin County Housing Division staff have received the proper training and are licensed risk assessors. Single Family Rehabilitation program guidelines have been modified to incorporate requirements pertaining to the Lead Safe Housing Rule for project planning, inspection, and monitoring. The County draws from a small group of contractors who are qualified and able to perform CAPER 20 OMB Control No: 2506-0117 (exp. 09/30/2021) the lead hazard reduction work properly. The County's Community Works division has an ongoing relationship with the County's health department to assist with the rehabilitation activities when an elevated blood (EBL) level is identified in an income eligible client in a suburban community. This partnership is expanded under our CDC grant award to offer in home risk assessment to families with children who have tested above 5 µg/dl, the current CDC reference level. Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j) The City works to reduce the number of persons living below the poverty level in several ways. First, the City contributes 15 percent of its total annual CDBG allocation to public services. Some of these public services, including PROP, directly work toward reducing the number of persons living below the poverty level. Secondly, the City provides financial assistance to WHAHLT, to provide permanently affordable owner-occupied housing. The City also provides financial assistance (outside of CDBG funds) for community education programs that occur at Briarhill and Prairie Meadows Apartments—both of which are site based Section 8 properties and provide critical programming and services aimed at helping residents become more self-sufficient. Actions taken to develop institutional structure. 91.220(k); 91.320(j) The City of Eden Prairie works in collaboration with local faith based initiatives and social services programs to help newly arriving immigrants navigate the “systems” such as the school system, the park & rec programs available, etc, to help them take full advantage of the services that are offered. This enhanced coordination of efforts helps immigrants and people who are new to the low/mod income status make better choices for themselves and their families. Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j) The Office of Housing and Community Services (OHCS) is a division of the Community Development Department of the City of Eden Prairie. Within that Divison, housing staff administer First Time Home Buyer and Housing Land Trust programs which help low-moderate income individuals and families attain homeownership. These staff also administer the housing rehabilitation program which makes structural and energy enhancements and repairs to the homes of low-moderate income people. The Community Servcies Coordinator position in this Division works closely with the 35 multi-family rental properties. Eden Prairie Property Manager Collaborative meets on a bimonthly basis and includes a community spotlight on social services and guest speakers. PROP, Onward Eden Prairie, Conflict Resolution Center and the US Census Bureau have all given presentations. Fire and Police department liaisons also participate in meetings, OHCS staff also work with the local emergency service providers and members of the faith community to match the needs to the resources available in the community and the region. CAPER 21 OMB Control No: 2506-0117 (exp. 09/30/2021) The City provides annual grant funding to PROP, the local emergency services provider, to help people who are at risk of homelessness. The City works in collaboration with the PROP social worker and managers of multi-family developments to locate and secure affordable units to house families and individuals at risk of homelessness Identify actions taken to overcome the effects of any impediments identified in the jurisdictions analysis of impediments to fair housing choice. 91.520(a) Homeownership perceived as unattainable by some households of color. This impediment is addressed by the City by actively marketing the First Time Home Buyer Program, and the Housing Land Trust program. In 2021, the majority of the participants who have become home owners through the homeownership programs offered by the city were of Hispanic ethnicity. NIMBY-ism with regard to siting and placement of affordable housing. The City uses a “scattered-site” housing strategy to avoid the concentration of affordable housing developments. The City requires all developers who seek financial assistance from the City to set-aside 20% of the units as affordable, and the units must be scattered throughout the development. The City engages residents in discussions about potential housing developments early on in the process, through many community meetings and social media outlets. CAPER 22 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-40 - Monitoring 91.220 and 91.230 Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements In addition to receiving reports, the City also conducts an on-site monitoring visit of each subrecipient. These on-site monitoring visits consist of review of files for compliance with federal regulations, general program review with the subrecipient, and follow-up after to ensure any problems found are being resolved. In addition to on-site monitoring, the City reviews all of its active files quarterly to make certain subrecipients are expending their funds in a timely manner. On-site monitoring is completed biannually and was completed during the spring of 2022. The desk reviews were completed, but due to Covid-19 onsite visits were not able to be conducted at all of the subrecipients since most are working remotely. No concerns were found during the desk monitoring or with the quarterly reports submitted by the agencies. The next on site monitoring will be conducted during the 2021 program year. Citizen Participation Plan 91.105(d); 91.115(d) Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports. Eden Prairie’s Citizen Participation Plan calls for Eden Prairie’s Annual Action Plan to be available for thirty days for public comment. The city solicited public comments from February 11, 2021 – March 12, 2021. This thirty day comment period was published in the Sun Sailor on February 11, 2021 and the goal was to solicit comments from the public regarding the Annual Action Plan. For the 2021 program year, the Eden Prairie City Council held a public hearing on March 2, 2021 and allowed the public to comment on the proposed activities. Notice of the public hearing was published on February 11, 2021, in the Sun Sailor. Representatives from PROP, Senior Community Services and WHAHLT addressed the City Council during the Public Hearing to express their gratitude for past funding and to answer any questions the Council members may have. No citizens participated in the public hearing. The plan was made available on the city’s website and a copy of the plan was available for review at Eden Prairie City Center. No questions or comments were received during the thirty day comment period. The City of Eden Prairie’s citizen participation process includes an RFP process that allows non-profit agencies to apply for CDBG funding. Through this process, the City engages with social service providers, the faith community and school district staff to learn about the needs in the community and how to best allocate pubic service funds in the most effective manner. The City’s Human Rights & Diversity Commission is encouraged to help spread the word about the potential funding source to non-profit service providers that may know. CAPER 23 OMB Control No: 2506-0117 (exp. 09/30/2021) Notice of the public hearing for the CAPER was published on July 28, 2022 in the Sun Sailor. Copies of the draft CAPER were available on Eden Prairie’s website, https://www.edenprairie.org/CAPER, from August 1-August 19, 2022. Translation of the CAPER was/is available upon request. The Eden Prairie city council held a public hearing on August 16, 2022 to solicit public comments on the CAPER. No comments were received regarding Eden Prairie’s CAPER. After the city’s public hearing, Hennepin County held a 15 day public comment period for the Consortium’s 2021 CAPER- from September 12, 2022-September 26, 2022. The county’s public hearing was held on September 20, 2022 and no comments were received regarding Eden Prairie’s portion of the CAPER. Action Plans and CAPER reports are available to the public on the website or upon request. CR-45 - CDBG 91.520(c) Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives and indications of how the jurisdiction would change its programs as a result of its experiences. The City of Eden Prairie continues to utilize its CDBG funds in a variety of ways to create and maintain affordable housing. The City believes that the variety of activities it offers is well balanced and serves the needs of the community. Our goals are to allow people the opportunity to remain in their homes. The Rehabilitation Loan Program, H.O.M.E. program, and PROP Homeless Prevention Program met this goal. Eden Prairie continued to allocate CDBG-CV funds to prevent, prepare for and respond to the coronavirus through emergency assistance programs administered by Eden Prairie non-profits that serve low/mod income Eden Prairie residents. The city supports programs and organizations that provide assistance to low/mod income Eden Prairie residents adversely affected by the coronavirus. Currently, the City has no plans to significantly change the activities it offers and believes our goals are on target as to the number of people served by each activity. The City has been persistent in using CDBG and local funds to the maximum capacity. Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants? No [BEDI grantees] Describe accomplishments and program outcomes during the last year. Attachment PR26 - CDBG Financial Summary Report U.S. Department of Housing and Urban Development Office of Community Planning and Development Integrated Disbursement and Information System DATE: TIME: PAGE:1 12:12 07-28-22 Program Year 2021 EDEN PRAIRIE , MN Metrics Grantee Program Year PART I: SUMMARY OF CDBG RESOURCES 01 UNEXPENDED CDBG FUNDS AT END OF PREVIOUS PROGRAM YEAR 02 ENTITLEMENT GRANT 03 SURPLUS URBAN RENEWAL 04 SECTION 108 GUARANTEED LOAN FUNDS 05 CURRENT YEAR PROGRAM INCOME 05a CURRENT YEAR SECTION 108 PROGRAM INCOME (FOR SI TYPE) 06 FUNDS RETURNED TO THE LINE-OF-CREDIT 06a FUNDS RETURNED TO THE LOCAL CDBG ACCOUNT 07 ADJUSTMENT TO COMPUTE TOTAL AVAILABLE 08 TOTAL AVAILABLE (SUM, LINES 01-07) PART II: SUMMARY OF CDBG EXPENDITURES 09 DISBURSEMENTS OTHER THAN SECTION 108 REPAYMENTS AND PLANNING/ADMINISTRATION 10 ADJUSTMENT TO COMPUTE TOTAL AMOUNT SUBJECT TO LOW/MOD BENEFIT 11 AMOUNT SUBJECT TO LOW/MOD BENEFIT (LINE 09 + LINE 10) 12 DISBURSED IN IDIS FOR PLANNING/ADMINISTRATION 13 DISBURSED IN IDIS FOR SECTION 108 REPAYMENTS 14 ADJUSTMENT TO COMPUTE TOTAL EXPENDITURES 15 TOTAL EXPENDITURES (SUM, LINES 11-14) 16 UNEXPENDED BALANCE (LINE 08 - LINE 15) PART III: LOWMOD BENEFIT THIS REPORTING PERIOD 17 EXPENDED FOR LOW/MOD HOUSING IN SPECIAL AREAS 18 EXPENDED FOR LOW/MOD MULTI-UNIT HOUSING 19 DISBURSED FOR OTHER LOW/MOD ACTIVITIES 20 ADJUSTMENT TO COMPUTE TOTAL LOW/MOD CREDIT 21 TOTAL LOW/MOD CREDIT (SUM, LINES 17-20) 22 PERCENT LOW/MOD CREDIT (LINE 21/LINE 11) LOW/MOD BENEFIT FOR MULTI-YEAR CERTIFICATIONS 23 PROGRAM YEARS(PY) COVERED IN CERTIFICATION 24 CUMULATIVE NET EXPENDITURES SUBJECT TO LOW/MOD BENEFIT CALCULATION 25 CUMULATIVE EXPENDITURES BENEFITING LOW/MOD PERSONS 26 PERCENT BENEFIT TO LOW/MOD PERSONS (LINE 25/LINE 24) PART IV: PUBLIC SERVICE (PS) CAP CALCULATIONS 27 DISBURSED IN IDIS FOR PUBLIC SERVICES 28 PS UNLIQUIDATED OBLIGATIONS AT END OF CURRENT PROGRAM YEAR 29 PS UNLIQUIDATED OBLIGATIONS AT END OF PREVIOUS PROGRAM YEAR 30 ADJUSTMENT TO COMPUTE TOTAL PS OBLIGATIONS 31 TOTAL PS OBLIGATIONS (LINE 27 + LINE 28 - LINE 29 + LINE 30) 32 ENTITLEMENT GRANT 33 PRIOR YEAR PROGRAM INCOME 34 ADJUSTMENT TO COMPUTE TOTAL SUBJECT TO PS CAP 35 TOTAL SUBJECT TO PS CAP (SUM, LINES 32-34) 36 PERCENT FUNDS OBLIGATED FOR PS ACTIVITIES (LINE 31/LINE 35) PART V: PLANNING AND ADMINISTRATION (PA) CAP 37 DISBURSED IN IDIS FOR PLANNING/ADMINISTRATION 38 PA UNLIQUIDATED OBLIGATIONS AT END OF CURRENT PROGRAM YEAR 39 PA UNLIQUIDATED OBLIGATIONS AT END OF PREVIOUS PROGRAM YEAR 40 ADJUSTMENT TO COMPUTE TOTAL PA OBLIGATIONS 41 TOTAL PA OBLIGATIONS (LINE 37 + LINE 38 - LINE 39 +LINE 40) 42 ENTITLEMENT GRANT 43 CURRENT YEAR PROGRAM INCOME 44 ADJUSTMENT TO COMPUTE TOTAL SUBJECT TO PA CAP 45 TOTAL SUBJECT TO PA CAP (SUM, LINES 42-44) 46 PERCENT FUNDS OBLIGATED FOR PA ACTIVITIES (LINE 41/LINE 45) EDEN PRAIRIE , MN 2,021.00 201,312.35 311,079.00 0.00 0.00 219,688.22 0.00 0.00 0.00 0.00 732,079.57 297,128.46 0.00 297,128.46 75,471.21 0.00 0.00 372,599.67 359,479.90 0.00 0.00 188,470.77 0.00 188,470.77 63.43% PY: PY: PY: 0.00 0.00 0.00% 42,131.49 0.00 0.00 0.00 42,131.49 311,079.00 140,205.39 0.00 451,284.39 9.34% 75,471.21 0.00 0.00 0.00 75,471.21 311,079.00 219,688.22 0.00 530,767.22 14.22% PR26 - CDBG Financial Summary Report U.S. Department of Housing and Urban Development Office of Community Planning and Development Integrated Disbursement and Information System DATE: TIME: PAGE:2 12:12 07-28-22 Program Year 2021 EDEN PRAIRIE , MN LINE 17 DETAIL: ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 17 Report returned no data. LINE 18 DETAIL: ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 18 Report returned no data. LINE 19 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 19 Plan Year IDIS Project IDIS Activity Voucher Number Activity Name Matrix Code National Objective Drawn Amount 2021 2021 2021 2021 2021 2021 2021 2021 2021 2021 2021 2021 2021 2021 2021 2021 2021 2021 2021 2021 Total 4 4 4 3 3 3 3 3 3 3 1 1 1 1 1 1 7 7 7 7 241 241 241 239 239 239 240 238 238 238 237 237 237 237 237 237 243 243 243 243 6563950 6604993 6640127 6563950 6583418 6640127 6583418 6563950 6583418 6640127 6525311 6563950 6583418 6617280 6640127 6654325 6583418 6604993 6617280 6640127 Senior HOME Program 2021 Senior HOME Program 2021 Senior HOME Program 2021 PROP - Car Repair 2021 PROP - Car Repair 2021 PROP - Car Repair 2021 PROP - Child Care 2021 PROP - Homeless Prevention 2021 PROP - Homeless Prevention 2021 PROP - Homeless Prevention 2021 Housing Rehab 2021 Housing Rehab 2021 Housing Rehab 2021 Housing Rehab 2021 Housing Rehab 2021 Housing Rehab 2021 Rehab Grants 2021 Rehab Grants 2021 Rehab Grants 2021 Rehab Grants 2021 05A 05A 05A 05A 05E 05E 05E 05E 05L 05L 05Q 05Q 05Q 05Q 14A 14A 14A 14A 14A 14A 14A 14E 14E 14E 14E 14E LMC LMC LMC Matrix Code 05A LMC LMC LMC Matrix Code 05E LMC Matrix Code 05L LMC LMC LMC Matrix Code 05Q LMH LMH LMH LMH LMH LMH Matrix Code 14A LMC LMC LMC LMC Matrix Code 14E $6,403.05 $5,048.22 $4,944.45 $16,395.72 $2,000.00 $1,050.87 $2,363.70 $5,414.57 $1,500.00 $1,500.00 $1,350.00 $12,451.20 $5,020.00 $18,821.20 $4,000.00 $15,000.00 $2,450.00 $2,826.74 $41,331.53 $11,433.00 $77,041.27 $697.00 $11,202.00 $28,199.01 $29,200.00 $69,298.01 $188,470.77 LINE 27 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 27 PlanYear IDISProject IDISActivity VoucherNumber Activity toprevent, prepare for,and respondto Coronavirus Activity Name Grant Number FundType MatrixCode NationalObjective Drawn Amount 2021 2021 2021 2021 2021 2021 2021 2021 2021 2021 Total 4 4 4 3 3 3 3 3 3 3 241 241 241 239 239 239 240 238 238 238 6563950 6604993 6640127 6563950 6583418 6640127 6583418 6563950 6583418 6640127 No No No No No No No No No No No Senior HOME Program 2021 Senior HOME Program 2021 Senior HOME Program 2021 PROP - Car Repair 2021 PROP - Car Repair 2021 PROP - Car Repair 2021 PROP - Child Care 2021 PROP - Homeless Prevention 2021 PROP - Homeless Prevention 2021 PROP - Homeless Prevention 2021 Activity to prevent, prepare for, and respond to Coronavirus B20MC270010 B20MC270010 B21MC270010 B20MC270010 B20MC270010 B21MC270010 B20MC270010 B20MC270010 B20MC270010 B21MC270010 EN EN PI EN EN PI EN EN EN PI 05A 05A 05A 05A 05E 05E 05E 05E 05L 05L 05Q 05Q 05Q 05Q LMC LMC LMC Matrix Code 05A LMC LMC LMC Matrix Code 05E LMC Matrix Code 05L LMC LMC LMC Matrix Code 05Q $6,403.05 $5,048.22 $4,944.45 $16,395.72 $2,000.00 $1,050.87 $2,363.70 $5,414.57 $1,500.00 $1,500.00 $1,350.00 $12,451.20 $5,020.00 $18,821.20 $42,131.49 $42,131.49 LINE 37 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 37 Plan Year IDIS Project IDIS Activity Voucher Number Activity Name Matrix Code National Objective Drawn Amount 2021 2021 2021 2021 5 5 5 5 236 236 236 236 6525311 6536981 6549955 6563950 Program Administration 2021 Program Administration 2021 Program Administration 2021 Program Administration 2021 21A 21A 21A 21A $4,796.80 $5,074.47 $7,239.27 $5,065.89 PR26 - CDBG Financial Summary Report U.S. Department of Housing and Urban Development Office of Community Planning and Development Integrated Disbursement and Information System DATE: TIME: PAGE:3 12:12 07-28-22 Program Year 2021 EDEN PRAIRIE , MN PlanYear IDISProject IDISActivity VoucherNumber Activity Name MatrixCode NationalObjective Drawn Amount 2021 2021 2021 2021 2021 2021 2021 2021 Total 5 5 5 5 5 5 5 6 236 236 236 236 236 236 236 242 6572355 6583418 6595396 6604993 6617280 6640127 6654325 6654325 Program Administration 2021 Program Administration 2021 Program Administration 2021 Program Administration 2021 Program Administration 2021 Program Administration 2021 Program Administration 2021 Fair Housing 2021 21A 21A 21A 21A 21A 21A 21A 21A 21D 21D Matrix Code 21A Matrix Code 21D $5,103.17 $5,568.60 $5,242.54 $8,026.01 $6,785.19 $14,979.10 $5,590.17 $73,471.21 $2,000.00 $2,000.00 $75,471.21 CITY COUNCIL AGENDA SECTION: Payment of Claims DATE: August 16, 2022 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 292773 - 293717 Wire Transfers 1031122 - 1031411 Wire Transfers 8912 - 8977 Purchasing Card 8950 City of Eden Prairie Council Check Summary 8/16/2022 Division Amount Division Amount 000 General 476,521 304 Senior Board 66 100 City Manager 47,227 306 Federal Forfeiture Drugs 15,939 101 Legislative 27,510 308 E-911 359 102 Legal Counsel 36,619 309 DWI Forfeiture 45 110 City Clerk 372 315 Economic Development 1,227,727 111 Customer Service 10,702 445 Cable PEG 13,396 112 Human Resources 45 502 Park Development 2,780 113 Communications 7,914 509 CIP Fund -376,401 114 Benefits & Training 135,569 512 CIP Trails 7,104 130 Assessing 734 513 CIP Pavement Management 50,215 131 Finance 5,845 522 Improvement Projects 2006 1,683 132 Housing and Community Services 37,420 526 Transportation Fund 8,424 133 Planning 180 528 Shady Oak Rd-CR 61 North 3,241 136 Public Safety Communications 6,717 532 EP Road Connect Flying Cloud 465 137 Economic Development 187 539 2020 Improvement Projects 6,412 138 Community Development Admin.1,410 540 Duck Lake Rd. Reconstruction 494,828 151 Park Maintenance 148,567 804 100 Year History 1,079 153 Organized Athletics 435 Total Capital Projects Fund 1,457,361 154 Community Center 135,580 155 Beaches 208 601 Prairie Village Liquor 266,298 156 Youth Programs 23,306 602 Den Road Liquor 486,350 157 Special Events 28,952 603 Prairie View Liquor 288,290 158 Senior Center 6,919 605 Den Road Building 4,939 159 Recreation Administration 4,899 701 Water Enterprise Fund 652,315 162 Arts 30,553 702 Wastewater Enterprise Fund 475,119 163 Outdoor Center 1,326 703 Stormwater Enterprise Fund 96,581 168 Arts Center 3,476 Total Enterprise Fund 2,269,892 180 Police Sworn 82,897 184 Fire 38,538 802 494 Commuter Services 56,873 186 Inspections 11,146 806 SAC Agency Fund 9,940 200 Engineering 3,028 807 Benefits Fund 2,725,125 201 Street Maintenance 272,868 809 Investment Fund 5,739 202 Street Lighting 83,969 811 Property Insurance 31,948 Total General Fund 1,671,637 812 Fleet Internal Service 141,050 813 IT Internal Service 467,230 301 CDBG 34,102 814 Facilities Capital ISF 112,975 303 Cemetary Operation 6,087 815 Facilites Operating ISF 127,936 Total Special Revenue Fund 40,189 816 Facilites City Center ISF 165,959 817 Facilites Comm. Center ISF 154,120 435 2008B G.O. Improvement Bonds 3,600 Total Internal Svc/Agency Funds Report Totals3,998,894 446 2014A G.O. TAX ABATEMENT BONDS 254,682 448 2016A GO BONDS - WEST 70TH ST.13,830 Report Total 9,710,086 Total Debt Service Fund 272,112 City of Eden Prairie Council Check Register by GL 8/16/2022 Check #Amount Supplier / Explanation Account Description Business Unit Comments 293335 476,521 KRAEMER NORTH AMERICA LLC Improvement Contracts General Fixed Asset Account Gr Duck Lake Rd improvements 8965 391,718 U S BANK Principle and Interest Water Capital Debt Payment 8958 370,609 HEALTHPARTNERS Accounts Receivable Health and Benefits Aug 2022 Premiums 8917 354,794 HEALTHPARTNERS Medical/Dental Premiums Health and Benefits July 2022 Premiums 293351 346,661 METROPOLITAN COUNCIL MCES User Fee Stormwater Collection Wastewater Svc Fee Aug 2022 292933 344,707 TP ELEVATE LLC TIF Payment TIF-Elevate Apts 1st half TIF payment 1031157 323,000 EP CONSOLIDATED PROPERTIES LLC TIF Payment TIF-Eden Shores Senior Housing 1st half TIF payment 8968 308,460 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR Ending 07.29.22 8946 308,441 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR Ending 07.15.22 8914 306,246 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR Ending 07.01.22 8912 204,940 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 06.17.22 8966 204,736 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 07.15.22 8944 200,720 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 07.01.22 292866 198,790 CASCADE AT TOWN CENTER TIF Payment TIF-Lincoln Parc Apts 1st half TIF payment 8941 192,282 FURTHER - AKA SELECT HSA - Employee Health and Benefits HSA PPE 07.01.22 1031172 170,048 SHI CORP Software Maintenance IT Operating Software maintenance 292935 149,415 WATERS SENIOR LIVING TIF Payment TIF-Rolling Hills Sr Hsg 1st half TIF payment 1031136 149,054 CURB MASTERS INC Asphalt Overlay Street Maintenance 2022 Curb asphalt overlay 292937 135,133 WINDSOR PLAZA LLC TIF Payment TIF-Town Center-Windsor Plaza 1st half TIF payment 1031301 129,923 XCEL ENERGY Electric Senior Center multi location electric 8943 128,053 MINNESOTA DEPT OF REVENUE Sales Tax Payable General Fund Sales Tax June 2022 293663 124,958 MINNESOTA DEPARTMENT OF EMPLOYMENT Unemployment Compensation Organizational Services Unemployment benefits Q1 and Q2 2022 292903 93,460 LIFE FITNESS Capital Under $25,000 Fitness Center 8950 91,063 USB-PURCHASING CARD Various Various Funds 293632 85,500 EQUITY BUILDERS COMPANY Other Contracted Services Facilities Capital 293712 80,894 XIGENT SOLUTIONS LLC Hardware - R&M IT Capital 1031353 77,191 XCEL ENERGY Electric Various Funds 293395 76,711 XIGENT SOLUTIONS LLC Hardware - R&M IT Capital 293330 73,630 INNOVATIVE FOUNDATION SUPPORTWORKS Equipment Repair & Maint Wasterwater Collection 1031344 69,420 ODESA II LLC Other Contracted Services Capital Maint. & Reinvestment 293047 54,422 HULS BROS TRUCKING INC Lime Residual Removal Water Treatment 293658 51,941 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 293318 49,574 GOODPOINT TECHNOLOGY INC Design & Engineering CIP Pavement Management 1031244 47,929 XCEL ENERGY Electric Various Funds 1031341 40,766 LOGIS LOGIS IT Operating 1031338 37,668 GREGERSON ROSOW JOHNSON & NILAN LTD Legal Legal Council 1031287 36,819 LOGIS Network Support IT Operating 1031409 33,523 XCEL ENERGY Electric Various Funds 292863 33,346 BRIDGEWATER BANK TIF Payment TIF-Trail Point Ridge 8969 31,223 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 8948 31,119 EMPOWER Deferred Compensation Health and Benefits 8970 30,907 EMPOWER Deferred Compensation Health and Benefits 8916 30,429 EMPOWER Deferred Compensation Health and Benefits 293626 29,673 DEPARTMENT OF CORRECTIONS Other Contracted Services Utility Operations - General 292894 26,751 GRAYMONT Treatment Chemicals Water Treatment 293319 26,689 GRAYMONT Treatment Chemicals Water Treatment Check #Amount Supplier / Explanation Account Description Business Unit Comments 293635 26,652 GRAYMONT Treatment Chemicals Water Treatment 8928 26,350 FURTHER - AKA SELECT HRA Health and Benefits 1031221 26,331 DIVERSE BUILDING MAINTENANCE Janitor Service Housing and Human Svcs 293480 26,218 GRAYMONT Treatment Chemicals Water Treatment 1031399 25,572 METROPOLITAN MECHANICAL CONTRACTORS Contract Svcs - HVAC Fire Station #4 1031334 25,493 DIVERSE BUILDING MAINTENANCE Janitor Service Various Funds 293353 25,000 MILBANK WINWATER WORKS Capital Under $25,000 Water Capital 293154 24,917 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 293522 24,827 SOUTH METRO PUBLIC SAFETY TRAINING FACIL Other Contracted Services Public Safety Training Facilit 1031297 24,782 SRF CONSULTING GROUP INC Design & Engineering Capital Maint. & Reinvestment 293313 24,770 EXCEL LAWN & LANDSCAPE Contract Svcs - Snow Removal Fire Station #3 1031276 24,448 CENTERPOINT ENERGY Gas Various Funds 292849 24,238 ABM ONSITE SERVICES-MIDWEST Janitor Service Various Funds 8962 23,320 NCR PAYMENT SOLUTIONS,PA, LLC Bank and Service Charges Prairie View Liquor Store 1031392 23,228 HANSEN THORP PELLINEN OLSON Design & Engineering Park Maintenance 293307 22,797 DUNSMORE ASPHALT INC Asphalt Overlay Street Maintenance 293419 22,513 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store 8918 22,033 NCR PAYMENT SOLUTIONS,PA, LLC Bank and Service Charges Liquor Store Delivery 293600 21,907 ABM ONSITE SERVICES-MIDWEST Janitor Service Various Funds 293147 21,720 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store 293162 21,171 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 293016 20,997 BOLTON & MENK INC Design & Engineering Water Capital 8947 20,950 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 8915 20,506 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 293181 19,435 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 1031151 19,275 ADVANCED ENGINEERING & ENVIRONMENTAL SE Improvement Contracts Wastewater Capital 293389 19,188 VIDEOTRONIX INC Capital Under $25,000 Capital Maint. & Reinvestment 292873 18,644 COLUMBINE TOWNHOMES TIF Payment TIF-Columbine Road Housing 292813 18,285 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 293569 18,212 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 293375 17,551 SSI KEF SLB LLC Electric Maintenance Facility 293339 16,939 LEAGUE MN CITIES INS TRUST Insurance Property Insurance 293362 16,394 PELLA NORTHLAND Accounts Receivable TIF-Eden Shores Senior Housing 293352 16,268 MIDSTATES EQUIPMENT & SUPPLY Seal Coating Street Maintenance 293320 16,202 GRI EDEN PRAIRIE, LLC Licenses, Taxes, Fees Prairie Village Liquor Store 293040 16,076 GRAYMONT Treatment Chemicals Water Treatment 293104 15,965 TREE TRUST Landscape Materials/Supp Reforestation 292980 15,578 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 293676 15,381 PROP Other Contracted Services CDBG - Public Service 293340 15,008 LEAGUE MN CITIES INS TRUST Insurance Property Insurance 293645 15,000 HENNEPIN COUNTY TREASURER Other Contracted Services Police Sworn 293562 14,870 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 293694 14,805 STANTEC CONSULTING SERVICES INC Design & Engineering Stormwater Non-Capital 1031229 14,788 HAWKINS INC Treatment Chemicals Water Treatment 1031393 14,788 HAWKINS INC Treatment Chemicals Water Treatment 293523 14,684 SOUTHWEST SUBURBAN CABLE COMMISSION Dues & Subscriptions City Council 293173 14,500 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store 1031179 14,102 ZIEGLER INC Equipment Repair & Maint Fleet Operating 1031274 14,044 BIFFS INC Waste Disposal Various Funds 293111 13,792 WATERFRONT RESTORATION LLC Other Contracted Services Stormwater Non-Capital Check #Amount Supplier / Explanation Account Description Business Unit Comments 1031410 13,502 ZIEGLER INC Tires Utility Operations - General 293610 13,500 BADGER STATE INSPECTION LLC Improvement Contracts Water Capital 293366 13,398 PRAIRIEVIEW RETAIL LLC Licenses, Taxes, Fees Prairie View Liquor Store 1031311 13,396 AVI SYSTEMS INC Equipment Repair & Maint Cable PEG 8954 13,355 FURTHER - AKA SELECT HSA - Employee Health and Benefits 292963 13,322 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store 293582 13,238 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 1031283 13,008 ESS BROTHERS & SONS INC Repair & Maint. Supplies Stormwater Collection 8949 12,510 I-494 CORRIDOR COMMISSION Wages and Benefits 494 Corridor Commission 293120 12,437 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 8933 12,405 I-494 CORRIDOR COMMISSION Wages and Benefits 494 Corridor Commission 293128 12,164 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 292864 12,035 BRINC DRONES INC Capital Under $25,000 Federal Forfeiture 293426 11,981 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 292789 11,741 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 292838 11,604 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 8972 11,257 CHASE Bank and Service Charges Various Funds 8925 11,230 CHASE Bank and Service Charges Various Funds 293561 11,166 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store 292777 11,018 TOLEDO YARDSCAPE LLC Contract Svcs - Lawn Maint.Various Funds 293679 10,966 PROP Other Contracted Services CDBG - Public Service 293467 10,962 DG MINNESOTA CS 2021 LLC Electric Facilities Operating ISF 1031402 10,755 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical Pool Maintenance 1031168 10,676 PIONEER MANUFACTURING COMPANY Operating Supplies Park Maintenance 1031331 10,674 YOUNGSTEDTS COLLISION CENTER Equipment Repair & Maint Fleet Operating 293349 10,672 METERING & TECHNOLOGY SOLUTIONS Capital Under $25,000 Water Capital 293430 10,659 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 293540 10,587 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 293149 10,325 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store 1031388 10,289 ADVANCED ENGINEERING & ENVIRONMENTAL SE Improvement Contracts Wastewater Capital 293073 10,076 MINNESOTA LIFE INSURANCE COMPANY Life Insurance EE/ER Health and Benefits 293501 10,065 MINNESOTA LIFE INSURANCE COMPANY Life Insurance EE/ER Health and Benefits 293115 10,039 XIGENT SOLUTIONS LLC Software IT Operating 293069 9,841 METROPOLITAN COUNCIL Other Revenue SAC Agency Fund 292977 9,690 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 1031337 9,663 ESS BROTHERS & SONS INC Repair & Maint. Supplies Stormwater Collection 292824 9,590 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 8924 9,526 CARD CONNECT Bank and Service Charges Various Funds 293026 9,515 CORE & MAIN Repair & Maint. Supplies Stormwater Collection 293539 9,418 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 293680 9,375 PROP Other Contracted Services Housing and Community Service 1031404 9,375 SENIOR COMMUNITY SERVICES Other Contracted Services Housing and Community Service 292971 9,346 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 293068 9,332 METERING & TECHNOLOGY SOLUTIONS Capital Under $25,000 Water Capital 292830 9,304 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store 292906 9,268 METERING & TECHNOLOGY SOLUTIONS Capital Under $25,000 Water Capital 293589 9,180 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 1031260 9,160 GUNNAR ELECTRIC CO INC Other Contracted Services Round Lake 293577 9,156 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 1031406 9,148 STREICHERS Protective Clothing Fire Check #Amount Supplier / Explanation Account Description Business Unit Comments 293106 9,030 VERIZON WIRELESS Telephone IT Operating 292898 9,000 IRON MALTESE ATHLETICS Health & Fitness Fire 293148 8,923 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 293581 8,922 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store 293187 8,876 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 293512 8,578 PRESCRIPTION LANDSCAPE Contract Svcs - Lawn Maint.Street Maintenance 8971 8,504 CARD CONNECT Bank and Service Charges Community Center Admin 293563 8,416 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store 292878 8,300 CORE & MAIN Repair & Maint. Supplies Wasterwater Collection 293685 8,272 SCANDIA CUSTOM CABINETS Repair & Maint. Supplies Facilities Capital 1031333 8,249 CENTERPOINT ENERGY Gas Staring Lake 293545 8,190 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 1031205 8,150 MINNESOTA NATIVE LANDSCAPES Other Contracted Services Park Maintenance 293377 7,962 STANTEC CONSULTING SERVICES INC Other Contracted Services Stormwater Capital 293498 7,800 MIDWEST GROUNDCOVER Landscape Materials/Supp Riley Lake 292807 7,779 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store 293302 7,693 COMMERCIAL ASPHALT CO Asphalt Overlay Stormwater Collection 292905 7,600 MESSERLI & KRAMER Messerli & Kramer 494 Corridor Commission 293382 7,519 THYMES TWO INC Contract Svcs - Lawn Maint.Den Bldg. - CAM 293331 7,500 INTIME SERVICES INC Software Maintenance IT Operating 292923 7,494 ST. PAUL PORT AUTHORITY Deposits General Fund 292919 7,491 PVS TECHNOLOGIES INC Laboratory Chemicals Water Treatment 292798 7,489 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 292964 7,453 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 293136 7,409 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 293084 7,396 PICHA GREENHOUSE Landscape Materials/Supp Park Maintenance 293688 7,310 SEBCO INC Other Contracted Services Facilities Capital 8951 7,290 FURTHER - AKA SELECT FSA - Medical Health and Benefits 292965 7,229 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store 292805 7,102 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store 293324 7,010 HINTERLAND CSG LLC Electric Facilities Operating ISF 1031148 7,005 SITEONE LANDSCAPE SUPPLY, LLC Operating Supplies Flying Cloud Fields 293691 6,954 SLAMHAMMER SOUND CO, INC Other Contracted Services July 4th Celebration 293583 6,941 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store 292806 6,873 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 292987 6,778 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store 293690 6,700 SIGNATURE MECHANICAL Contract Svcs - Roof General Community Center 292997 6,671 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 1031150 6,592 VAN PAPER COMPANY Janitor Service City Center - CAM 293440 6,537 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 293517 6,500 RIGHTLINE DESIGN LLC Other Contracted Services Communications 8960 6,385 FURTHER - AKA SELECT HRA Health and Benefits 293460 6,365 CITY OF EDEN PRAIRIE Accounting Fee 494 Corridor Commission 292992 6,354 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 293649 6,320 INNOVATIVE FOUNDATION SUPPORTWORKS Equipment Repair & Maint Wasterwater Collection 293634 6,218 GOOSE CREW LLC Other Contracted Services Stormwater Non-Capital 293121 6,150 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 293098 6,139 SUNRAM CONSTRUCTION Improvement Contracts Stormwater Capital 293082 6,134 NORTHSTAR MUDJACKING & MORE LLC Mudjacking Curbs Drainage 292948 6,049 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 293404 5,967 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 1031164 5,951 METRO SALES INCORPORATED*Equipment Rentals Customer Service 292821 5,950 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 1031226 5,904 GENUINE PARTS COMPANY Reimbursement Fleet Operating 293003 5,866 SAFETY FIRST PLAYGROUND MAINTENANCE Repair & Maint. Supplies Park Maintenance 292891 5,820 GERTENS Landscape Materials/Supp Homeward Hills Park 1031279 5,773 DAKOTA SUPPLY GROUP INC Repair & Maint. Supplies Water Metering 293412 5,688 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 293295 5,663 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Street Maintenance 292999 5,647 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 293653 5,598 KIESLER POLICE SUPPLY INC.Training Supplies Police Sworn 293113 5,585 WEBBER RECREATIONAL DESIGN INC Operating Supplies Capital Outlay Parks 292957 5,566 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 293428 5,563 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store 1031216 5,491 WSB & ASSOCIATES INC Design & Engineering Historical Culture 293174 5,413 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 293390 5,360 WARESPACE LLC Application Fees General Fund 1031138 5,343 FLEETPRIDE INC Equipment Parts Fleet Operating 1031235 5,310 PIONEER MANUFACTURING COMPANY Operating Supplies Park Maintenance 293105 5,289 VANELLA GROUP OF MN, LLC, THE Other Contracted Services July 4th Celebration 293373 5,278 SOBANIA COMMUNITY SOLAR Electric Facilities Operating ISF 293388 5,269 UNITED STATES CONFERENCE OF MAYORS, THE Dues & Subscriptions City Council 292989 5,223 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store 293019 5,159 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Stormwater Collection 292936 5,060 WAYNES HOME SERVICES Window Washing City Center - CAM 293668 5,050 NAC Contract Svcs - Plumbing City Center - CAM 293516 5,039 REVOLUTIONARY SPORTS, LLC Instructor Service Preschool Events 293288 5,013 BADGER METER Telephone Water Metering 293593 4,891 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 292868 4,727 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Street Maintenance 293398 4,708 US POSTMASTER - HOPKINS Postage Community Brochure 292946 4,667 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 293055 4,640 KREMER SERVICES LLC Equipment Repair & Maint Fleet Operating 1031387 4,611 YOUNGSTEDTS COLLISION CENTER Equipment Repair & Maint Fleet Operating 293458 4,600 CASTRO CLEANING LLC Janitor Service Utility Operations - General 293554 4,560 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 293044 4,510 HEALTHPARTNERS Wages and Benefits 494 Corridor Commission 293112 4,464 WAYNES HOME SERVICES Window Washing Fire Station #1 292952 4,461 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 293160 4,421 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 292858 4,396 AXON ENTERPRISE INC Training Supplies Police Sworn 293482 4,383 HAMMER COMMUNITY SOLAR LLC Electric Facilities Operating ISF 293076 4,380 MN MECHANICAL SOLUTIONS INC Equipment Repair & Maint Water Treatment 1031220 4,374 CDW GOVERNMENT INC.Computers IT Capital 293481 4,360 H & L MESABI Equipment Parts Fleet Operating 293122 4,353 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 293445 4,351 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 293364 4,337 PFM ASSET MANAGEMENT LLC Interest Investment Fund 293153 4,331 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 293114 4,317 WM CORPORATE SERVICES INC Waste Disposal Fire Station #3 Check #Amount Supplier / Explanation Account Description Business Unit Comments 293496 4,298 MADISON NATIONAL LIFE INSURANCE CO INC Disability Ins Employers Health and Benefits 293065 4,283 MADISON NATIONAL LIFE INSURANCE CO INC Disability Ins Employers Health and Benefits 293315 4,266 FERGUSON WATERWORKS Repair & Maint. Supplies Water Distribution 293613 4,196 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Street Maintenance 293408 4,192 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 293056 4,095 LAW ENFORCEMENT LABOR SERVICES INC.Union Dues Withheld Health and Benefits 293421 4,014 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store 293028 3,983 DEPT OF EMPLOYMENT/ECONOMIC DEVELOPMENT Interest Economic Development Fund 293345 3,975 MARTIN-MCALLISTER Employment Support Test Organizational Services 292877 3,973 COMMERCIAL ASPHALT CO Asphalt Overlay Stormwater Collection 292852 3,961 ALTERNATIVE BUSINESS FURNITURE INC Contract Svcs - General Bldg Police (City Cost) 292929 3,904 SYMBOLARTS Operating Supplies Federal Forfeiture 293034 3,875 EDEN PRAIRIE EARLY CHILDHOOD Other Contracted Services Housing and Community Service 1031386 3,853 VAN PAPER COMPANY Cleaning Supplies General Community Center 1031349 3,821 STREICHERS Clothing & Uniforms Police Sworn 293175 3,804 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store 292781 3,724 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 1031397 3,723 MENARDS Supplies - Plumbing Utility Operations - General 293669 3,680 NOW MICRO INC Computers IT Operating 293356 3,675 MN TACTICAL OFFICERS ASSOCIATION Tuition Reimbursement/School Police Sworn 293005 3,665 ADVANTAGE PROPERTY MAINTENANCE INC Other Contracted Services Street Maintenance 293683 3,650 RIVERS EDGE CONCRETE Asphalt Overlay Street Maintenance 293015 3,616 BITUMINOUS ROADWAYS INC Deposits Water Enterprise Fund 293531 3,600 UGAAP LLC Software Finance 293530 3,600 U.S DEPARTMENT OF AGRICULTURE Other Contracted Services Deer Consultant 292796 3,572 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 1031339 3,551 HAWKINS INC Treatment Chemicals Water Treatment 8975 3,547 INVOICE CLOUD INC Bank and Service Charges Various Funds 292843 3,498 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 292909 3,491 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Street Lighting 8942 3,487 U.S. BANK - I-494 PURCH. CARD Outreach Mileage/Parking 494 Corridor Commission 293665 3,469 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Street Lighting 293574 3,417 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 292844 3,387 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 293311 3,380 EHLERS & ASSOCIATES INC Other Contracted Services TIF-Trail Point Ridge 293609 3,350 AVOLVE SOFTWARE Software IT Capital 293048 3,339 IMPACT PROVEN SOLUTIONS Other Contracted Services Various Funds 293417 3,336 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 1031166 3,330 MULCAHY COMPANY INC Repair & Maint - Ice Rink Pool Maintenance 293420 3,317 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 293127 3,310 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 8922 3,277 FURTHER - AKA SELECT FSA - Medical Health and Benefits 293344 3,222 MARCO INC Telephone IT Capital 292947 3,213 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 293079 3,125 MOVEFWD INC Other Contracted Services Housing and Community Service 292803 3,117 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 293410 3,061 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store 293608 3,013 ASPEN MILLS Clothing & Uniforms Fire 293186 3,012 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 1031158 3,003 ESS BROTHERS & SONS INC Repair & Maint. Supplies Wasterwater Collection Check #Amount Supplier / Explanation Account Description Business Unit Comments 293617 3,000 CLEARPOINT STRATEGY Dues & Subscriptions City Council 293674 3,000 PITNEY BOWES BANK INC RESERVE ACCOUNT Postage Customer Service 293713 3,000 YMCA OF THE NORTH Other Contracted Services Housing and Community Service 1031405 3,000 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Supply (Wells) 293443 2,996 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store 293135 2,983 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 293487 2,980 HOPKINS SPORTS CAMPS LLC Instructor Service Camps 292910 2,960 MUSIC TOGETHER IN THE VALLEY LLC Instructor Service Preschool Events 1031173 2,950 STREICHERS Clothing & Uniforms Police Sworn 292848 2,933 SAFETY FIRST PLAYGROUND MAINTENANCE Repair & Maint. Supplies Park Maintenance 1031169 2,924 POMP'S TIRE SERVICE INC Tires Fleet Operating 292961 2,904 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 293678 2,899 PROP Other Contracted Services CDBG - Public Service 8930 2,858 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits 293303 2,853 CORE & MAIN Repair & Maint. Supplies Water Distribution 293004 2,837 4IMPRINT Operating Supplies Police Sworn 293050 2,832 INDIGITAL INC Other Contracted Services IT Capital 293452 2,817 ANCOM COMMUNICATIONS INC Operating Supplies Public Safety Communications 292988 2,801 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 293559 2,799 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 293403 2,776 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 292985 2,750 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 1031361 2,710 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 293429 2,709 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 292940 2,695 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 293327 2,682 HOPKINS SPORTS CAMPS LLC Instructor Service Camps 292969 2,659 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 293476 2,655 EMERGENCY TECHNICAL DECON Protective Clothing Fire 293089 2,650 SEVERSON, ALLISON Other Contracted Services July 4th Celebration 1031145 2,573 OUTDOOR ENVIRONMENTS INC Other Contracted Services Eden Prairie Cemetery 293606 2,554 ARBON EQUIPMENT CORPORATION Contract Svcs - General Bldg City Center - CAM 293637 2,542 GRI EDEN PRAIRIE, LLC Other Contracted Services Prairie Village Liquor Store 1031177 2,518 WM MUELLER AND SONS INC Gravel Park Maintenance 293648 2,510 HYDROCORP Improvement Contracts Water Capital 293086 2,500 RELATE COUNSELING CENTER Other Contracted Services Housing and Community Service 293681 2,500 RAGAMALA DANCE COMPANY Other Contracted Services Staring Lake Concert 292887 2,488 FIRE SAFETY USA INC Equipment Repair & Maint Fleet Operating 293614 2,486 CENTURYLINK Telephone City Center - CAM 292869 2,485 CENTURYLINK Telephone City Center - CAM 293080 2,482 NATIVE RESOURCE PRESERVATION Maintenance Contracts Stormwater Non-Capital 8957 2,430 FURTHER - AKA SELECT FSA - Medical Health and Benefits 1031295 2,415 SHI CORP Software Maintenance IT Operating 292927 2,410 STOP STICK LTD.Operating Supplies Police Sworn 293336 2,400 KRAFT MATTHEW E Other Contracted Services Summer Theatre 293495 2,389 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Operating 1031391 2,374 GRAINGER Repair & Maint. Supplies Facilities Staff 293052 2,325 IWOMEN Conference/Training Fire 293179 2,301 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 293284 2,297 AERO DRAPERY AND BLIND Contract Svcs - General Bldg Senior Center 1031243 2,292 WM MUELLER AND SONS INC Gravel Street Maintenance Check #Amount Supplier / Explanation Account Description Business Unit Comments 292828 2,269 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 293677 2,235 PROP Other Contracted Services CDBG - Public Service 292808 2,223 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 293444 2,202 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 293456 2,200 AUTISM SOCIETY OF MINESOTA Tuition Reimbursement/School Police Sworn 293436 2,199 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 292826 2,198 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 1031408 2,181 WM MUELLER AND SONS INC Gravel Wasterwater Collection 293528 2,170 TRAFFIC CONTROL CORPORATION Equipment Repair & Maint Traffic Signals 293603 2,161 ALTERNATIVE BUSINESS FURNITURE INC Supplies - General Bldg City Hall (City Cost) 293171 2,153 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 293361 2,129 PARAGON DEVELOPMENT SYSTEMS Other Contracted Services IT Operating 8959 2,100 FURTHER - AKA SELECT HRA Health and Benefits 293519 2,100 SEBCO INC Other Contracted Services Facilities Capital 293083 2,093 PETERSON COUNSELING AND CONSULTING Health & Fitness Fire 292812 2,092 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 293630 2,088 EDEN PRAIRIE COMMUNITY EDUCATION Instructor Service Senior Center Programs 293054 2,068 KODIAK CUSTOM LETTERING INC Clothing & Uniforms Community Center Admin 293117 2,014 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 1031155 2,011 CENTERPOINT ENERGY Gas Various Funds 293299 2,000 CITY OF SAINT PAUL Tuition Reimbursement/School Police Sworn 293633 1,979 FASTSIGNS Repair & Maint. Supplies Park Maintenance 293064 1,967 MACQUEEN EQUIPMENT INC Repair & Maint. Supplies Fire 292855 1,937 ARVIG Fiber Lease Payments IT Operating 293591 1,908 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 293488 1,908 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits 293027 1,895 DAYROBB BATTERIES PLUS Janitor Service Fire Station #2 293491 1,894 JOHN HENRY FOSTER MINNESOTA INC Maintenance Contracts Maintenance Facility 1031288 1,883 MENARDS Safety Supplies Park Maintenance 293144 1,882 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 292914 1,875 ONWARD EDEN PRAIRIE Other Contracted Services Housing and Community Service 293578 1,875 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 1031321 1,873 HACH COMPANY Laboratory Chemicals Water Treatment 293037 1,861 EULL'S MANUFACTURING CO INC Repair & Maint. Supplies Wasterwater Collection 293109 1,850 WARNING LITES Asphalt Overlay Street Maintenance 293326 1,831 HOMELINE Other Contracted Services Housing and Community Service 293673 1,826 PERA Wages and Benefits 494 Corridor Commission 292889 1,816 FLYING CLOUD TRANSFER STATION 4553 Waste Disposal Park Maintenance 293363 1,811 PERA Wages and Benefits 494 Corridor Commission 293025 1,810 COMPAS Other Contracted Services Staring Lake Concert 292896 1,808 H2I GROUP Contract Svcs - General Bldg Fitness/Conference - Cmty Ctr 293457 1,784 AVR INC Asphalt Overlay Street Maintenance 1031238 1,728 STREICHERS Clothing & Uniforms Police Sworn 292860 1,725 BARTON SAND & GRAVEL CO Waste Blacktop/Concrete Street Maintenance 293322 1,718 HEALTHPARTNERS OCCUPATIONAL MEDICINE Employment Support Test Organizational Services 8931 1,713 INVOICE CLOUD INC Bank and Service Charges Historical Culture 293294 1,710 BUREAU OF CRIMINAL APPREHENSION Software Maintenance IT Operating 293502 1,707 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 293588 1,701 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 293391 1,700 WARHOL, MELISSA Other Contracted Services Summer Theatre Check #Amount Supplier / Explanation Account Description Business Unit Comments 1031126 1,682 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 293579 1,670 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 293156 1,663 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store 292831 1,662 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 1031259 1,662 GOPHER STATE ONE-CALL OCS - Utility Locates Water Distribution 293045 1,654 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police Sworn 293077 1,648 MOBOTREX INC Equipment Repair & Maint Traffic Signals 292832 1,644 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store 293486 1,643 HENNEPIN COUNTY TREASURER Other Contracted Services Wastewater Capital 293434 1,638 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 293437 1,628 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store 292884 1,615 EARL F ANDERSEN INC Signs Traffic Signs 293659 1,609 MARCO INC Telephone IT Capital 293337 1,608 LANO EQUIPMENT INC Equipment Parts Street Maintenance 1031294 1,604 SENIOR COMMUNITY SERVICES Other Contracted Services CDBG - Public Service 292819 1,603 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store 292944 1,590 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 293323 1,584 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police Sworn 292847 1,580 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 8955 1,578 FIDELITY SECURITY LIFE INSURANCE CO Vision Plan Health and Benefits 293557 1,574 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 1031160 1,574 IDENTISYS Printers IT Operating 1031228 1,553 H M CRAGG CO Contract Svcs - Fire/Life/Safe General Community Center 293622 1,537 CORE & MAIN Repair & Maint. Supplies Water Distribution 1031278 1,528 DAIKIN APPLIED Contract Svcs - HVAC Police (City Cost) 1031332 1,522 CDW GOVERNMENT INC.Capital Under $25,000 IT Capital 8929 1,510 FIDELITY SECURITY LIFE INSURANCE CO Accounts Receivable Health and Benefits 292880 1,500 DIETHELM, TAMMY L Other Contracted Services Eden Prairie Cemetery 293167 1,493 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 293314 1,406 FASTSIGNS Signs Park Maintenance 293466 1,406 COUNTY MATERIALS CORPORATION Repair & Maint. Supplies Stormwater Collection 292782 1,405 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 293708 1,403 US BANK Interest Investment Fund 293317 1,400 FORSGREN, CINDY WADE Other Contracted Services Summer Theatre 1031323 1,399 LYNDALE PLANT SERVICES Contract Svcs - Int. Landscape City Center - CAM 292836 1,395 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 292990 1,392 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 293625 1,387 DELI DOUBLE Special Event Fees Senior Center Programs 293715 1,385 GREAT LAKES COCA-COLA DISTRIBUTION Merchandise for Resale Concessions 293396 1,382 YORKTOWN OFFICES Rent 494 Corridor Commission 293367 1,375 PRECISE MRM LLC Other Contracted Services Snow & Ice Control 292783 1,370 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 1031256 1,369 CLAREY'S SAFETY EQUIPMENT Repair & Maint. Supplies Emergency Management 292833 1,366 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store 293411 1,336 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 293550 1,330 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 292955 1,299 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 293092 1,295 SNAP-ON TOOLS Small Tools Fleet Operating 1031163 1,293 METRO ELEVATOR INC Contract Svcs - Elevator City Center - CAM 1031261 1,290 HACH COMPANY Laboratory Chemicals Water Treatment Check #Amount Supplier / Explanation Account Description Business Unit Comments 292787 1,281 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 1031389 1,280 BARR ENGINEERING COMPANY OCS - Monitoring Stormwater Non-Capital 293541 1,251 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 293623 1,250 DAKOTA VALLEY SYMPHONY Other Contracted Services Staring Lake Concert 293499 1,250 MINNESOTA AIR INC Other Contracted Services Prairie Village Liquor Store 1031356 1,246 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 1031380 1,241 MIDWEST OVERHEAD CRANE Equipment Repair & Maint Water Treatment 293568 1,240 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 292816 1,238 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store 293058 1,230 LEADERSHIP TRANSITIONS INC Conference/Training Community Development Admin. 293596 1,221 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 293477 1,219 FIRE SAFETY USA INC Equipment Repair & Maint Fleet Operating 293399 1,217 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 293285 1,212 AIRGAS USA LLC Supplies - Pool Fire 8963 1,208 US BANK - CREDIT CARD MERCHANT ONLY Bank and Service Charges Inspections-Administration 293671 1,207 PAFFY'S PEST CONTROL Contract Svcs - Pest Control Park Shelters 293292 1,198 BRY-AIR INC Building Repair & Maint.Utility Operations - General 293328 1,193 HYDRO-VAC INC Equipment Repair & Maint Wasterwater Collection 293343 1,191 MACQUEEN EQUIPMENT INC Repair & Maint. Supplies Fire 1031370 1,191 CLAREY'S SAFETY EQUIPMENT Operating Supplies Fleet Operating 1031162 1,176 MENARDS Repair & Maint. Supplies Park Maintenance 293039 1,170 GALLAGHERS INC Asphalt Overlay Street Maintenance 292811 1,168 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store 8919 1,156 US BANK - CREDIT CARD MERCHANT ONLY Bank and Service Charges Finance 293642 1,150 HAYO, SHAI Other Contracted Services Staring Lake Concert 8952 1,145 FURTHER - AKA SELECT Other Contracted Services Health and Benefits 1031214 1,135 TESSMAN SEED CO Landscape Materials/Supp Franlo Park 1031401 1,134 POMP'S TIRE SERVICE INC Tires Fleet Operating 8976 1,128 FURTHER - AKA SELECT FSA - Medical Health and Benefits 293378 1,123 STAPLES ADVANTAGE Office Supplies Customer Service 293184 1,114 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store 292851 1,110 AIRGAS USA LLC Supplies - Pool Fire 293374 1,100 SPILLE CATHERINE Other Contracted Services Summer Theatre 293661 1,092 MEDICINE LAKE TOURS Special Event Fees Trips 292792 1,087 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store 292840 1,087 MAVERICK WINE LLC Liquor Product Received Prairie View Liquor Store 292916 1,081 PETERSON COUNSELING AND CONSULTING Other Contracted Services Police Sworn 293640 1,078 GYM WORKS Equipment Repair & Maint Fitness Center 293470 1,075 ECHOES OF ELVIS Other Contracted Services Staring Lake Concert 1031378 1,074 KRISS PREMIUM PRODUCTS INC Repair & Maint - Ice Rink Ice Arena Maintenance 1031187 1,073 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 293001 1,071 SUMMER LAKES BEVERAGE LLC Liquor Product Received Prairie View Liquor Store 1031137 1,071 FASTENAL COMPANY Safety Supplies Fleet Operating 1031161 1,053 LEROY JOB TRUCKING INC Other Contracted Services Police Sworn 292904 1,051 LYLE SIGNS LLC Operating Supplies Park Maintenance 1031236 1,011 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical Police (City Cost) 1031153 1,010 BOYER TRUCKS Equipment Repair & Maint Fleet Operating 292959 1,008 SUMMER LAKES BEVERAGE LLC Liquor Product Received Prairie Village Liquor Store 1031215 1,001 VAN PAPER COMPANY Cleaning Supplies City Center - CAM 293290 1,000 BELLAND, BRIANNA M Other Contracted Services Summer Theatre Check #Amount Supplier / Explanation Account Description Business Unit Comments 293291 1,000 BROWN, MARK Other Contracted Services Summer Theatre 293347 1,000 MCINTYRE, ROBIN Other Contracted Services Summer Theatre 293286 999 AQUA LOGIC INC Supplies - Pool Pool Maintenance 1031167 999 NORCOSTCO Other Rentals Summer Theatre 293402 986 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 293572 983 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store 293711 982 WIESE USA Machinery & Equipment City Hall (City Cost) 1031273 981 VAN PAPER COMPANY Cleaning Supplies Park Shelters 1031315 974 BODENNER ZACHARY Conference/Training IT Operating 293615 971 CENTURYLINK Telephone IT Operating 1031403 968 REINDERS INC Landscape Materials/Supp Miller Park 293424 967 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 293325 966 HLS OUTDOOR Landscape Materials/Supp Flying Cloud Fields 293706 964 TYLER TECHNOLOGIES INC Software IT Capital 1031237 961 REINDERS INC Landscape Materials/Supp Miller Park 293365 960 PITNEY BOWES Postage Customer Service 293334 956 KODIAK CUSTOM LETTERING INC Clothing & Uniforms Playgrounds 1031343 950 METRO SALES INCORPORATED*Other Rentals Customer Service 293150 949 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 293413 945 SUMMER LAKES BEVERAGE LLC Liquor Product Received Prairie Village Liquor Store 293657 943 MACQUEEN EQUIPMENT INC Equipment Repair & Maint Fire 293646 936 HLS OUTDOOR Landscape Materials/Supp Miller Park 293057 936 LAWN RANGER, INC, THE Other Contracted Services Park Maintenance 1031360 935 VINOCOPIA Liquor Product Received Den Road Liquor Store 1031192 934 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 292911 932 NATIONAL MARTIAL ARTS ASSOCIATION, INC Instructor Service Lesson Skills Development 1031284 930 GRAINGER Equipment Parts Housing and Human Svcs 1031239 916 TWIN CITY SEED CO Repair & Maint. Supplies Park Maintenance 8932 916 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating 293130 911 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store 293485 911 HENNEPIN COUNTY I/T DEPT Equipment Repair & Maint IT Operating 293329 910 INDIGO SIGNWORKS, INC.Operating Supplies Police Sworn 1031363 910 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store 1031365 908 VINOCOPIA Liquor Product Received Prairie View Liquor Store 293524 902 STANTEC CONSULTING SERVICES INC.OCS - Studies Stormwater Non-Capital 293602 899 AIRGAS USA LLC Supplies - Pool Pool Maintenance 293165 898 SUMMER LAKES BEVERAGE LLC Liquor Product Received Den Road Liquor Store 293654 898 KOENIG & SONS EQUIPMENT INC Equipment Parts Fleet Operating 293141 897 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 293714 895 YOURMEMBERSHIP.COM INC Licenses, Taxes, Fees Utility Operations - General 1031366 892 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 293607 882 ARCPOINT LABS OF EDEN PRAIRIE Employment Support Test Organizational Services 293088 875 SAFETY VEHICLE SOLUTIONS Equipment Repair & Maint Fleet Operating 293176 874 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store 1031242 865 VISTAR CORPORATION Merchandise for Resale Concessions 8940 859 FURTHER - AKA SELECT FSA - Medical Health and Benefits 293006 857 AIRGAS USA LLC Supplies - Pool Pool Maintenance 1031358 855 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store 293158 852 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store 293289 850 BARTON SAND & GRAVEL CO Waste Blacktop/Concrete Street Maintenance Check #Amount Supplier / Explanation Account Description Business Unit Comments 293684 850 SAWYERS DREAM Other Contracted Services Staring Lake Concert 1031310 846 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store 1031123 838 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store 292938 837 WORTHINGTON MATT Tuition Reimbursement/School Organizational Services 293161 837 PRYES BREWING COMPANY Liquor Product Received Den Road Liquor Store 293397 830 SPACK SOLUTIONS Other Contracted Services Engineering 292856 830 ASPEN MILLS Postage Fire 292953 827 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store 1031140 825 HACH COMPANY Laboratory Chemicals Water Treatment 1031271 816 SWANSON MOLLY Travel Expense Engineering 293590 813 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store 293371 812 SAFETY SIGNS Equipment Repair & Maint Wasterwater Collection 8974 811 AMERICAN EXPRESS Bank and Service Charges Wastewater Accounting 293090 810 SHIRAZI ELHAM Conference/Prof. Dev.494 Corridor Commission 293405 803 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store 292972 802 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store 293021 800 CITY OF SAINT PAUL Tuition Reimbursement/School Police Sworn 293097 800 SUBURBAN WILDLIFE CONTROL INC Equipment Repair & Maint Stormwater Collection 293321 800 HAYEN, LINDA Other Contracted Services Summer Theatre 293638 800 GUAVA ENTERTAINMENT Other Contracted Services Staring Lake Concert 292883 796 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 293493 793 LAWN RANGER, INC, THE Other Contracted Services Park Maintenance 1031189 792 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store 293628 788 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 292870 787 CENTURYLINK Telephone IT Operating 292865 783 BRYAN ROCK PRODUCTS INC Gravel Street Maintenance 293063 782 LUBE-TECH ESI Other Contracted Services Fleet Operating 293010 779 ARCPOINT LABS OF EDEN PRAIRIE Employment Support Test Organizational Services 292975 751 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store 293029 750 DIETHELM, TAMMY L Other Contracted Services Eden Prairie Cemetery 293383 750 TREEHOUSE Other Contracted Services Housing and Community Service 293508 750 NORTH AMERICAN SAFETY INC Clothing & Uniforms Utility Operations - General 293660 750 MEALS ON WHEELS Other Contracted Services Housing and Community Service 293020 749 CENTURYLINK Telephone Water Distribution 292984 745 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 293489 738 INTERTECH INC Contract Development IT Operating 8913 736 ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits 8945 736 ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits 8967 736 ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits 293407 733 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 1031326 729 R & R SPECIALTIES OF WISCONSIN INC Contract Svcs - Ice Rink Ice Arena Maintenance 293013 725 BECKER ARENA PRODUCTS INC Repair & Maint - Ice Rink Ice Arena Maintenance 293624 720 DAVEY TREE EXPERT COMPANY, THE Other Contracted Services Tree Removal 1031191 720 VINOCOPIA Liquor Product Received Prairie View Liquor Store 1031203 718 KRISS PREMIUM PRODUCTS INC Supplies - HVAC Ice Arena Maintenance 293515 713 RAINBOW ECOSCIENCE Chemicals Tree Disease 293008 707 APRES Other Rentals Summer Theatre 292895 707 GROTH MUSIC Capital Under $25,000 Community Band 1031265 705 METROPOLITAN FORD Equipment Parts Fleet Operating 292835 703 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Prairie View Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 1031411 700 LINDAHL, DAVID Other Contracted Services Staring Lake Concert 293544 696 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 1031182 695 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 1031184 694 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store 292950 680 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 293124 678 DOMACE VINO Liquor Product Received Prairie Village Liquor Store 1031395 677 IDENTISYS Repair & Maint. Supplies Capital Maint. & Reinvestment 293575 676 PRYES BREWING COMPANY Liquor Product Received Den Road Liquor Store 293423 676 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 292907 673 MINNESOTA AIR INC Supplies - HVAC Park Shelters 292890 665 GALLAGHERS INC Asphalt Overlay Stormwater Collection 292879 659 DEALER AUTOMOTIVE SERVICES INC Equipment Repair & Maint Fleet Operating 1031218 655 BACHMANS CREDIT DEPT Repair & Maint. Supplies Park Maintenance 292786 654 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Prairie Village Liquor Store 1031142 652 MINNESOTA CLAY CO. USA Operating Supplies Arts Center 293305 650 D H EXCAVATING Other Contracted Services Pleasant Hill Cemetery 293494 650 LETHO & WRIGHT Other Contracted Services Staring Lake Concert 1031227 645 GRAINGER Operating Supplies Park Maintenance 1031316 641 BRAUN INTERTEC CORPORATION Testing CIP Pavement Management 293298 639 CINTAS CORPORATION Safety Supplies Community Center Admin 292809 636 DOMACE VINO Liquor Product Received Den Road Liquor Store 1031186 635 VINOCOPIA Liquor Product Received Den Road Liquor Store 293043 628 HAYEN, LINDA Operating Supplies Summer Theatre 1031231 625 MENARDS Repair & Maint. Supplies Park Maintenance 293643 625 HEART AND SOUL DRUM ACADEMY Other Contracted Services Staring Lake Concert 292893 619 GRAPPLER SPECIALTY PRODUCTS Repair & Maint. Supplies Wasterwater Collection 293450 618 A&B WELDING & CONSTRUCTION Equipment Repair & Maint Water Treatment 293599 618 A&B WELDING & CONSTRUCTION Equipment Repair & Maint Water Treatment 293316 615 FIRE SAFETY USA INC Protective Clothing Fire 293459 613 CENTURYLINK Telephone Homeward Hills Park 293567 607 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store 293586 599 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Prairie View Liquor Store 293446 599 SUMMER LAKES BEVERAGE LLC Liquor Product Received Prairie View Liquor Store 292922 598 SOLUTION BUILDERS Computers 494 Corridor Commission 293046 597 HLS OUTDOOR Repair & Maint. Supplies Park Maintenance 293133 596 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store 293369 595 PRINCIPAL FINANCIAL GROUP Wages and Benefits 494 Corridor Commission 293132 581 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 1031383 579 NESSLER STEVEN Clothing & Uniforms Police Sworn 8936 577 PMA FINANCIAL NETWORK INC Bank and Service Charges Various Funds 292949 573 DOMACE VINO Liquor Product Received Prairie Village Liquor Store 1031223 570 ELECTRIC PUMP Equipment Repair & Maint Wasterwater Collection 292966 570 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 1031398 569 METRO ELEVATOR INC Building Repair & Maint.Water Treatment 293527 569 TECH ACUMEN INCORPORATED Other Contracted Services Liquor Store Delivery 8973 566 PMA FINANCIAL NETWORK INC Bank and Service Charges Wastewater Accounting 293123 566 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store 1031319 565 FASTENAL COMPANY Safety Supplies Fleet Operating 293393 560 WINSUPPLY EDEN PRAIRIE MN CO Repair & Maint. Supplies Water Capital 1031371 560 CONCRETE CUTTING AND CORING Repair & Maint. Supplies Stormwater Collection Check #Amount Supplier / Explanation Account Description Business Unit Comments 1031327 559 RUE, RODNEY Mileage & Parking Engineering 293067 555 MCINTYRE, ROBIN Operating Supplies Summer Theatre 1031329 543 THE OASIS GROUP Employee Assistance Organizational Services 1031127 541 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store 293168 533 WINEBOW Liquor Product Received Den Road Liquor Store 1031257 531 FASTENAL COMPANY Safety Supplies Fleet Operating 1031280 529 DREW'S CONCESSIONS LLC Merchandise for Resale Concessions 293293 523 BRYAN ROCK PRODUCTS INC Gravel Street Maintenance 1031293 522 PREMIUM WATERS INC Operating Supplies - Water Fire 293700 520 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 293392 519 WATER CONSERVATION SERVICES INC Equipment Repair & Maint Water Distribution 293514 512 QUETICA LLC Other Contracted Services Facilities Capital 1031130 511 VINOCOPIA Liquor Product Received Prairie View Liquor Store 1031208 511 OLSEN CHAIN & CABLE Safety Supplies Utility Operations - General 1031152 507 ASPEN WASTE SYSTEMS INC.Waste Disposal Utility Operations - General 1031373 506 FASTENAL COMPANY Operating Supplies Fleet Operating 293368 506 PRESCRIPTION LANDSCAPE Contract Svcs - Lawn Maint.Fire Station #3 1031181 505 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 293692 505 SOLUTION BUILDERS Computers 494 Corridor Commission 1031194 502 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store 293526 501 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 292912 500 NATIVE RESOURCE PRESERVATION Contract Svcs - Lawn Maint.Fire Station #2 293283 500 ABLE DELUXE TECHNOLOGIES Other Contracted Services Senior Center Programs 293468 500 DIRTY SHORTS BRASS BAND Other Contracted Services Staring Lake Concert 293505 500 MISS MYRA & THE MOONSHINERS Other Contracted Services Staring Lake Concert 293598 500 3 STRINGS INC Other Contracted Services Staring Lake Concert 293662 500 MEXICO AZTECA Other Contracted Services PeopleFest 1031300 499 VISTAR CORPORATION Merchandise for Resale Concessions 1031282 498 ELECTRIC PUMP Equipment Repair & Maint Wasterwater Collection 293564 495 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 293427 493 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store 1031357 493 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store 292962 492 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store 292995 489 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store 1031372 486 CUSTOM HOSE TECH Equipment Parts Fleet Operating 293667 485 MUEHLBAUER, THOMAS G Other Contracted Services Community Band 293036 481 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Equipment Parts Fleet Operating 293051 477 INTERNAL REVENUE SERVICE CENTER Health Insurance Health and Benefits 1031252 477 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 1031234 477 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 293432 476 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 293101 475 TEDDY BEAR BAND Other Contracted Services Staring Lake Concert 293312 475 ESTRINE, ROBERT Other Contracted Services Community Band 1031270 473 ROTO-ROOTER Contract Svcs - Plumbing Police (City Cost) 292976 472 PEQUOD DISTRIBUTION Liquor Product Received Den Road Liquor Store 292942 471 ECKHOFF CARLY Deposits General Fund 292773 470 CARVER COUNTY SHERIFF'S DEPT.Deposits General Fund 1031131 467 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 293078 460 MOST DEPENDABLE FOUNTAINS Repair & Maint. Supplies Park Maintenance 292882 459 DIVERSE CONSTRUCTION SERVICES LLC Contract Svcs - General Bldg Fire Station #1 Check #Amount Supplier / Explanation Account Description Business Unit Comments 293573 456 PEQUOD DISTRIBUTION Liquor Product Received Den Road Liquor Store 293110 450 WASECA TECH SERVICES Equipment Repair & Maint Public Safety Communications 293381 450 TADPOLE PARADE Other Contracted Services Staring Lake Concert 293475 450 EHLERS & ASSOCIATES INC Deposits Economic Development Fund 1031125 450 VINOCOPIA Liquor Product Received Den Road Liquor Store 293592 448 PRYES BREWING COMPANY Liquor Product Received Prairie View Liquor Store 1031346 448 REINDERS INC Landscape Materials/Supp Park Maintenance 293647 446 HOME DEPOT CREDIT SERVICES Supplies - Electrical Fire Station #3 293442 441 MAVERICK WINE LLC Liquor Product Received Prairie View Liquor Store 293484 441 HEALTH STRATEGIES Employment Support Test Organizational Services 8923 441 AMERICAN EXPRESS Bank and Service Charges Inspections-Administration 1031133 438 BODENNER ZACHARY Conference/Training IT Operating 292784 438 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store 293252 438 OPEN DOOR LABS INC AR Utility Water Enterprise Fund 292943 435 LUEBBERS, ABBY P&R Refunds Community Center Admin 292954 435 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store 293341 435 LEVITT KRISTEN P&R Refunds Community Center Admin 1031217 430 ANCHOR PAPER COMPANY Office Supplies Customer Service 292945 429 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store 292968 428 DRASTIC MEASURES BREWING LLC Liquor Product Received Den Road Liquor Store 1031253 427 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store 1031170 425 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical Water Supply (Wells) 293409 424 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 293570 420 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store 292931 419 THE ADVENT GROUP Temp 494 Corridor Commission 293099 418 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 292900 416 JOHNSON CONTROLS FIRE PROTECTION Contract Svcs - Fire/Life/Safe City Hall (City Cost) 293370 414 PROP Deposits Den Road Liquor Store 293384 410 TVRDIK SHARI P&R Refunds Community Center Admin 293049 408 INDEPENDENT EMERGENCY SERVICES LLC Equipment Repair & Maint Public Safety Communications 1031149 407 SWANSON MOLLY Travel Expense Engineering 1031134 406 BUESGENS RYAN Tuition Reimbursement/School Organizational Services 292785 405 DOMACE VINO Liquor Product Received Prairie Village Liquor Store 292867 405 CBIZ BENEFITS & INSURANCE SERVICES INC Other Contracted Services Organizational Services 1031298 405 TWIN CITY SEED CO Repair & Maint. Supplies Stormwater Collection 293183 403 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store 1031362 403 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store 293164 402 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store 1031248 400 VINOCOPIA Liquor Product Received Den Road Liquor Store 293474 400 EDINA, CITY OF Other Contracted Services Communications 292930 399 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 1031322 399 HIRSHFIELD'S Repair & Maint. Supplies Water Treatment 1031342 398 MENARDS Operating Supplies Park Maintenance 292820 398 PEQUOD DISTRIBUTION Liquor Product Received Den Road Liquor Store 293666 396 MONTAGE ENTERPRISES INC Equipment Parts Fleet Operating 292797 392 PRYES BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 1031355 392 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 293380 391 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 293309 389 EDEN PRAIRIE CENTER LLC Building Rental CDBG - Public Service 293281 386 ZILLOW HOMES INC AR Utility Water Enterprise Fund Check #Amount Supplier / Explanation Account Description Business Unit Comments 1031139 385 GETSCHOW, RICK Mileage & Parking Administration 1031196 384 CONCRETE CUTTING AND CORING Operating Supplies Street Maintenance 292804 384 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store 293504 384 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Traffic Signals 293536 382 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 1031224 379 ESS BROTHERS & SONS INC Repair & Maint. Supplies Water Distribution 293400 378 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store 293418 378 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store 293435 378 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store 293038 375 FIRE SAFETY USA INC Protective Clothing Fire 293627 375 DIETHELM, TAMMY L Other Contracted Services Pleasant Hill Cemetery 293702 375 TALEWISE LLC Other Contracted Services Staring Lake Concert 293497 373 MARCO INC Telephone IT Capital 292857 372 ASSURED SECURITY Equipment Repair & Maint Water Treatment 292960 371 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 1031320 370 GREATAMERICA FINANCIAL SVCS Postage Customer Service 1031262 370 LEONARD, MICHELLE Conference/Prof. Dev.494 Corridor Commission 293551 368 PRYES BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 1031132 368 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store 292795 367 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store 292986 366 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store 1031190 365 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store 293190 365 WINEBOW Liquor Product Received Prairie View Liquor Store 293348 364 MEDICINE LAKE TOURS Special Event Fees Trips 1031180 364 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store 293533 356 WM CORPORATE SERVICES INC Waste Disposal Maintenance Facility 292814 356 LIBATION PROJECT Liquor Product Received Den Road Liquor Store 293406 354 DOMACE VINO Liquor Product Received Prairie Village Liquor Store 293296 353 CENTURYLINK Internet Staring Lake 292934 350 UNITED REFRIGERATION Supplies - HVAC Fire Station #1 293053 350 JAEGER, JOAN Other Contracted Services July 4th Celebration 1031350 350 TWIN CITY SEED CO Landscape Materials/Supp Street Maintenance 293439 345 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 293525 341 STAPLES ADVANTAGE Office Supplies Customer Service 293433 341 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 293621 339 CONSTRUCTION MATERIALS INC Asphalt Overlay Street Maintenance 1031232 339 METRO SALES INCORPORATED*Equipment Rentals IT Operating 292920 339 QUALITY REFRIGERATION Equipment Repair & Maint Concessions 1031185 338 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store 293631 338 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Equipment Parts Fleet Operating 293553 337 ROOTSTOCK WINE COMPANY Liquor Product Received Prairie Village Liquor Store 1031202 337 KORAS, JORDAN Travel Expense Police Sworn 1031204 337 METROPOLITAN FORD Equipment Parts Fleet Operating 292815 337 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store 293359 336 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire 292822 336 PRYES BREWING COMPANY Liquor Product Received Den Road Liquor Store 293230 335 JONES MICHAEL AR Utility Water Enterprise Fund 1031340 333 IDENTISYS Repair & Maint. Supplies Capital Maint. & Reinvestment 1031291 332 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 1031345 331 PITNEY BOWES Postage Customer Service Check #Amount Supplier / Explanation Account Description Business Unit Comments 292801 331 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 1031225 331 FACTORY MOTOR PARTS COMPANY Lubricants & Additives Fleet Operating 1031249 330 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store 292917 328 PILGRIM DRY CLEANERS INC Clothing & Uniforms Police Sworn 1031290 328 MINNESOTA ROADWAYS CO Patching Asphalt Street Maintenance 293542 326 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store 8956 325 OPTUM HEALTH Other Contracted Services Health and Benefits 292859 325 BARNUM GATE SERVICES INC Equipment Repair & Maint Utility Operations - General 293538 324 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store 293560 324 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store 292899 322 J H LARSON COMPANY Repair & Maint. Supplies Fire Station #1 293125 320 DRASTIC MEASURES BREWING LLC Liquor Product Received Prairie Village Liquor Store 293203 320 BLACKSTONE 1 LLC AR Utility Water Enterprise Fund 293355 316 MN DEPT OF TRANSPORTATION Testing Duck Lake Rd. Reconstruction 292982 315 SUMMER LAKES BEVERAGE LLC Liquor Product Received Den Road Liquor Store 1031135 315 CARLSTON, BRANDON Canine Supplies Police Sworn 293644 315 HENNEPIN COUNTY TREASURER Waste Disposal Park Maintenance 293549 315 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store 293102 314 THOMAS, DEMETRA AR Utility Water Enterprise Fund 292897 314 HENNEPIN COUNTY TREASURER Waste Disposal Park Maintenance 1031159 313 GRAINGER Supplies - HVAC Ice Arena Maintenance 1031305 311 VINOCOPIA Liquor Product Received Den Road Liquor Store 293142 311 WINEBOW Liquor Product Received Prairie Village Liquor Store 293360 310 PAPCO INC Janitor Service General Community Center 293224 309 HOLLINGWORTH KAREN AR Utility Water Enterprise Fund 293093 308 ST CROIX LINEN LLC Operating Supplies-Linens Fire 293376 308 ST CROIX LINEN LLC Operating Supplies-Linens Fire 293693 308 ST CROIX LINEN LLC Operating Supplies-Linens Fire 1031407 307 VISTAR CORPORATION Merchandise for Resale Concessions 1031247 307 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store 1031178 307 XCEL ENERGY Electric Traffic Signals 292939 305 56 BREWING LLC Liquor Product Received Prairie Village Liquor Store 1031198 304 FASTENAL COMPANY Operating Supplies Fleet Operating 1031336 304 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits 292901 304 JOHNSTONE SUPPLY Supplies - HVAC Fire Station #4 1031199 303 FLEETPRIDE INC Equipment Parts Fleet Operating 293032 300 DRAG N FLY WIRELESS INC Software Maintenance IT Operating 293612 299 BOUND TREE MEDICAL LLC EMS Supplies Fire 293009 298 ARAMARK Janitor Service Prairie View Liquor Store 293656 298 LLC FENG AR Utility Water Enterprise Fund 292841 296 ORIGIN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 292886 295 FIELD TRAINING SOLUTIONS Tuition Reimbursement/School Police Sworn 293705 295 TVRDIK SHARI P&R Refunds Community Center Admin 292823 294 SAINT CROIX VINEYARDS, INC.Liquor Product Received Den Road Liquor Store 293379 290 STEINBRING SHANNON P&R Refunds Community Center Admin 1031400 288 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 293119 288 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store 293146 288 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store 293172 288 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store 292791 286 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 293178 284 DRASTIC MEASURES BREWING LLC Liquor Product Received Prairie View Liquor Store 293664 281 MINNESOTA TROPHIES & GIFTS Operating Supplies-Dept Events Fire 293306 280 DELTA DENTAL Wages and Benefits 494 Corridor Commission 1031230 276 HORIZON COMMERCIAL POOL SUPPLY Supplies - Pool Pool Maintenance 1031250 275 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store 293707 275 UNITED STATES ICE RINK ASSOCIATION Dues & Subscriptions Ice Arena Maintenance 293011 272 ASPEN MILLS Clothing & Uniforms Fire 293350 270 METRO DINING CLUB Deposits General Fund 1031306 268 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 292967 267 DOMACE VINO Liquor Product Received Den Road Liquor Store 293552 265 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie Village Liquor Store 293081 265 NOKOMIS SHOE SHOP Clothing & Uniforms Inspections-Administration 1031330 265 WSB & ASSOCIATES INC Design & Engineering Economic Development Fund 293386 259 UDOR USA Cleaning Supplies Fleet Operating 293182 256 MAVERICK WINE LLC Liquor Product Received Prairie View Liquor Store 1031317 256 CARLSTON, BRANDON Canine Supplies Police Sworn 293212 256 DAY JEFF AR Utility Water Enterprise Fund 293687 255 SCHOENECKER, KELLY P&R Refunds Community Center Admin 293422 252 CARLOS CREEK WINERY Liquor Product Received Den Road Liquor Store 293338 250 LE HELEN P&R Refunds Community Center Admin 293641 250 HARISEN DAIKO Other Contracted Services PeopleFest 293716 250 MINNESOTA TAMIL SANGAM Other Contracted Services PeopleFest 1031124 247 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store 293535 247 56 BREWING LLC Liquor Product Received Prairie Village Liquor Store 293030 247 DIRECTV Cable TV Community Center Admin 292842 247 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store 293094 246 STAPLES ADVANTAGE Office Supplies Customer Service 293310 246 EDEN PRAIRIE ROTARY CLUB Dues & Subscriptions Administration 293510 245 PETERSON COUNSELING AND CONSULTING Other Contracted Services Police Sworn 292810 245 DRASTIC MEASURES BREWING LLC Liquor Product Received Den Road Liquor Store 292932 240 TMS JOHNSON Supplies - HVAC City Hall (City Cost) 293620 240 COMCAST Phone/Data/Web 494 Corridor Commission 293509 236 PAI ELIZABETH P&R Refunds Community Center Admin 8939 235 US BANK - PAYMODE Bank and Service Charges Finance 293584 234 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store 293189 233 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 1031304 233 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store 1031359 232 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store 293543 232 DEFIANT DISTRIBUTORS LLC Liquor Product Received Prairie Village Liquor Store 293565 232 DEFIANT DISTRIBUTORS LLC Liquor Product Received Den Road Liquor Store 293529 231 TRANSUNION RISK & ALTERNATIVE DATA Other Contracted Services Police Sworn 293118 230 BERGMAN LEDGE LLC Liquor Product Received Prairie Village Liquor Store 292979 228 SHAKOPEE BREWHALL Liquor Product Received Den Road Liquor Store 293414 227 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 293651 225 JOHNSTONE SUPPLY Supplies - HVAC Den Bldg. - CAM 292790 225 LIBATION PROJECT Liquor Product Received Prairie Village Liquor Store 292839 225 LIBATION PROJECT Liquor Product Received Prairie View Liquor Store 292845 225 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store 293035 225 EDEN PRAIRIE NOON ROTARY CLUB Conference/Training Housing and Community Service 1031302 223 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 293031 222 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 292834 222 DEFIANT DISTRIBUTORS LLC Liquor Product Received Prairie View Liquor Store 1031269 222 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 292978 222 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store 293342 222 LUBE-TECH ESI Lubricants & Additives Fleet Operating 292881 220 DISPLAY SALES Repair & Maint. Supplies Purgatory Creek Park 293134 220 PEQUOD DISTRIBUTION Liquor Product Received Prairie Village Liquor Store 293159 220 PEQUOD DISTRIBUTION Liquor Product Received Den Road Liquor Store 293239 218 LOTZ MARK AR Utility Water Enterprise Fund 293059 217 LEAGUE MN CITIES INS TRUST WC Property Insurance 494 Corridor Commission 293129 217 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 1031384 217 OLSEN CHAIN & CABLE Repair & Maint. Supplies Stormwater Collection 293155 217 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store 8937 210 VANCO SERVICES Bank and Service Charges Wastewater Accounting 292983 210 URBAN GROWLER BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 293346 209 MATTS AUTO SERVICE INC Equipment Repair & Maint Fleet Operating 1031233 208 MINNESOTA EQUIPMENT Equipment Parts Street Maintenance 1031122 206 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store 1031129 205 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store 1031379 204 METROPOLITAN FORD Equipment Parts Fleet Operating 1031376 203 JOHNSTONE SUPPLY Supplies - HVAC Fitness/Conference - Cmty Ctr 1031296 203 SPRINT Cell Phones 494 Corridor Commission 293537 201 BERGMAN LEDGE LLC Liquor Product Received Prairie Village Liquor Store 293532 200 WILSON STEPHANIE AR Utility Water Enterprise Fund 293513 200 PROP - PR Charitable Contributions Health and Benefits 293601 200 ACADEMY FOR YOUNG LEADERS Other Contracted Services PeopleFest 293604 200 ANANTH NARAYANEE Other Contracted Services PeopleFest 293611 200 BJORN CYCLING LLC Instructor Service Outreach 293703 200 TARAANGINI DANCE Other Contracted Services PeopleFest 1031385 200 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 1031141 200 KORAS, JORDAN Clothing & Uniforms Police Sworn 293695 196 STAPLES ADVANTAGE Supplies - General Bldg City Hall (City Cost) 293126 195 HEADFLYER BREWING Liquor Product Received Prairie Village Liquor Store 293152 195 HEADFLYER BREWING Liquor Product Received Den Road Liquor Store 293177 195 DOMACE VINO Liquor Product Received Prairie View Liquor Store 293255 195 PARTYKA VLADIMIR AR Utility Water Enterprise Fund 293455 194 ASSURED SECURITY Building Repair & Maint.Utility Operations - General 1031347 193 SPS COMPANIES Repair & Maint. Supplies Riley Lake 292951 192 INBOUND BREW CO Liquor Product Received Prairie Village Liquor Store 293185 192 PEQUOD DISTRIBUTION Liquor Product Received Prairie View Liquor Store 293453 190 ARAMARK Janitor Service Prairie Village Liquor Store 292774 190 DAKOTA COUNTY SHERIFFS DEPT Deposits General Fund 292876 190 COMCAST Internet IT Operating 293441 189 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store 292973 188 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store 1031207 188 NESSLER STEVEN Clothing & Uniforms Police Sworn 1031183 187 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store 1031193 187 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store 293169 185 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 293558 184 56 BREWING LLC Liquor Product Received Den Road Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 292974 181 ORIGIN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 292994 181 ORIGIN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 293547 181 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store 292993 181 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store 293415 179 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 293478 178 FOUNDATION BUSINESS SYSTEMS, LLC Software Stormwater Non-Capital 1031325 178 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 293698 178 STRAND MANUFACTURING CO INC Repair & Maint. Supplies Water Treatment 293469 176 EARL F ANDERSEN INC Signs Traffic Signs 292800 176 UNMAPPED BREWING CO Liquor Product Received Prairie Village Liquor Store 293556 176 UNMAPPED BREWING CO Liquor Product Received Prairie Village Liquor Store 1031396 176 LEROY JOB TRUCKING INC Other Contracted Services Police Sworn 293107 175 VERMONT SYSTEMS, INC Software Recreation Admin 293385 175 TWIN CITY MONUMENT CO Other Contracted Services Pleasant Hill Cemetery 292981 174 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store 292846 174 UNMAPPED BREWING CO Liquor Product Received Prairie View Liquor Store 293139 174 UNMAPPED BREWING CO Liquor Product Received Prairie Village Liquor Store 293166 174 UNMAPPED BREWING CO Liquor Product Received Den Road Liquor Store 293595 174 UNMAPPED BREWING CO Liquor Product Received Prairie View Liquor Store 1031394 173 HORIZON COMMERCIAL POOL SUPPLY Chemicals Round Lake 292829 172 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store 292941 172 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store 293580 172 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store 293234 170 KRAUSERT ROBERT AR Utility Water Enterprise Fund 293451 169 AFLAC WORLDWIDE HEADQUARTERS Wages and Benefits 494 Corridor Commission 292794 169 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 293546 169 LIBATION PROJECT Liquor Product Received Prairie Village Liquor Store 1031364 168 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store 293157 164 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store 1031245 163 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store 1031210 162 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 292958 162 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store 293000 162 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store 293188 162 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store 1031312 161 BECK LILA Mileage & Parking Tree Disease 293214 161 ESTATE OF DALE W KLEVE C/O JEREMY CHURCH AR Utility Water Enterprise Fund 292918 159 PRINT SOURCE MINNESOTA Operating Supplies City Council 293091 158 SHRED RIGHT Waste Disposal Fire Station #1 8961 158 SQUARE Bank and Service Charges Den Road Liquor Store 293103 157 TIMESAVER OFF SITE SECRETARIAL INC Deposits City Council 293704 157 TIMESAVER OFF SITE SECRETARIAL INC Other Contracted Services City Council 293503 157 MINNESOTA TROPHIES & GIFTS Operating Supplies Police Sworn 293454 156 ASPEN MILLS Postage Police Sworn 293448 155 LINDEMAN BRETT Clothing & Uniforms Police Sworn 1031354 154 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store 293597 154 M-R SIGN CO INC Signs Traffic Signs 293605 154 ARAMARK Janitor Service Prairie View Liquor Store 1031144 153 OLSEN CHAIN & CABLE Operating Supplies Park Maintenance 292799 153 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store 293201 151 BERSTEN GENE AR Utility Water Enterprise Fund Check #Amount Supplier / Explanation Account Description Business Unit Comments 293108 151 VINKEMEIER, JEFF Mileage & Parking Park Maintenance 293438 151 DRASTIC MEASURES BREWING LLC Liquor Product Received Prairie View Liquor Store 293066 150 MARIE RIDGEWAY LICSW LLC Other Contracted Services Police Sworn 293465 150 COMMUNITY HEALTH CHARITIES OF MINNESOTA Charitable Contributions Health and Benefits 1031277 150 CITI-CARGO & STORAGE CO, INC Other Rentals Summer Theatre 1031324 150 MPX GROUP, THE Printing Police Sworn 1031352 150 USA SECURITY Maintenance Contracts Water Treatment 292926 149 STEINBRING SHANNON P&R Refunds Community Center Admin 293461 149 COLE PAPERS INC Operating Supplies Fire 1031251 149 VINOCOPIA Liquor Product Received Prairie View Liquor Store 1031303 149 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 293272 148 TULURI VINEETH AR Utility Water Enterprise Fund 293287 147 ARAMARK Janitor Service Prairie View Liquor Store 1031307 147 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store 293354 146 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 292991 146 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store 293534 145 YUMRUTEPE LIBBY P&R Refunds Community Center Admin 1031147 145 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 292996 144 PEQUOD DISTRIBUTION Liquor Product Received Prairie View Liquor Store 292998 144 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie View Liquor Store 293566 144 GITCH GEAR LLC Liquor Product Received Den Road Liquor Store 1031309 143 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store 292788 142 INBOUND BREW CO Liquor Product Received Prairie Village Liquor Store 292970 142 INBOUND BREW CO Liquor Product Received Den Road Liquor Store 293431 142 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store 1031268 142 PROSOURCE SUPPLY Cleaning Supplies General Community Center 1031174 141 TOWMASTER INC Equipment Parts Fleet Operating 293479 140 GLOCK PROFESSIONAL INC Training Supplies Police Sworn 292885 140 EPIC EVENT RENTAL Other Rentals July 4th Celebration 293257 139 PU, YONGPING AR Utility Water Enterprise Fund 1031374 139 GREATAMERICA FINANCIAL SVCS Postage Customer Service 293300 139 COMCAST Operating Supplies Fire 292817 138 OMNI BREWING COMPANY Liquor Product Received Den Road Liquor Store 293180 138 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store 293571 138 OMNI BREWING COMPANY Liquor Product Received Den Road Liquor Store 293137 137 STARRY EYED BREWING LLC Liquor Product Received Prairie Village Liquor Store 1031246 137 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 1031328 137 SCHMIDT, MATT Clothing & Uniforms Police Sworn 1031241 136 VIKING ELECTRIC SUPPLY Repair & Maint. Supplies Riley Lake 1031286 132 LOCATORS & SUPPLIES INC Operating Supplies Street Lighting 292875 132 COMCAST Phone/Data/Web 494 Corridor Commission 1031211 132 SCHULZE, CARTER Mileage & Parking Engineering 1031188 131 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store 1031292 130 NORTH CENTRAL LABORATORIES Laboratory Chemicals Water Treatment 293699 130 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 293208 129 CHETTIAR LOGANATHAN AR Utility Water Enterprise Fund 1031382 129 NAUMANN, ANDREW Clothing & Uniforms Police Sworn 1031222 128 ECM PUBLISHERS INC Legal Notices Publishing City Clerk 293151 127 DRASTIC MEASURES BREWING LLC Liquor Product Received Den Road Liquor Store 292825 126 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 293587 126 HEADFLYER BREWING Liquor Product Received Prairie View Liquor Store 293682 125 RAMAKRISHNAN VALYA P&R Refunds Community Center Admin 1031165 125 MINNESOTA RECREATION & PARK ASSOCIATION Employment Advertising Organizational Services 293116 124 56 BREWING LLC Liquor Product Received Prairie Village Liquor Store 293138 123 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store 1031368 122 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store 293585 122 GITCH GEAR LLC Liquor Product Received Prairie View Liquor Store 292793 121 MINNESOTA ICE SCULPTURES LLC Liquor Product Received Prairie Village Liquor Store 293250 121 NIELSEN RANDALL AR Utility Water Enterprise Fund 292871 120 CHRIS CASTLE INC Website Development 494 Corridor Commission 293686 120 SCHLOSSMACHER, JIM Mileage & Parking Police Sworn 293062 120 LIONS TAP Operating Supplies - Food Fire 293548 118 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 293308 117 EARL F ANDERSEN INC Operating Supplies July 4th Celebration 293096 117 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 1031175 116 ULINE Repair & Maint. Supplies Water Treatment 293265 114 SILVERS JEFF AR Utility Water Enterprise Fund 293221 114 HANSON, RUSSELL W AR Utility Water Enterprise Fund 293194 112 ARNESEN CHAD AR Utility Water Enterprise Fund 293007 110 ALVAREZ PABLO P&R Refunds Community Center Admin 1031206 110 MUNOZ, MEGAN Mileage & Parking Fitness Admin. 293675 109 PRAIRIE LAWN AND GARDEN Operating Supplies Park Maintenance 293270 109 THOMAS RENO AR Utility Water Enterprise Fund 8920 108 SQUARE Bank and Service Charges Community Center Admin 292956 108 SHAKOPEE BREWHALL Liquor Product Received Prairie Village Liquor Store 1031377 108 KORAS, JORDAN Clothing & Uniforms Police Sworn 1031375 107 HYNEK, EVAN Clothing & Uniforms Police Sworn 293357 107 MR CUTTING EDGE Contract Svcs - Ice Rink Ice Arena Maintenance 293262 106 RUPPERT SCOTT AR Utility Water Enterprise Fund 293247 106 MYERS DAVID AR Utility Water Enterprise Fund 292818 105 ORIGIN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 1031201 105 KALLIGHER, ANDREA Mileage & Parking Community Center Admin 293259 104 RAMACHANDRAN ANAND AR Utility Water Enterprise Fund 1031254 103 BECK LILA Mileage & Parking Tree Disease 293022 103 COMCAST Operating Supplies Fire 293594 102 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store 1031348 101 STERICYCLE INC Other Contracted Services Police Sworn 1031154 101 BROWNELLS INC.Operating Supplies Police Sworn 293261 101 ROLCHIGO PHILIP AR Utility Water Enterprise Fund 292850 100 ACME JAZZ COMPANY Other Contracted Services Special Events Admin 292862 100 BEND IN THE RIVER BIG BAND Other Contracted Services Special Events Admin 292892 100 GOOD NEWS BIG BAND Other Contracted Services Special Events Admin 292902 100 JUST FRIENDS BIG BAND Other Contracted Services Special Events Admin 292921 100 RIVER CITY JAZZ ORCHESTRA Other Contracted Services Special Events Admin 293071 100 MINNESOTA DEPARTMENT OF REVENUE Conference/Training Assessing 1031335 100 ECM PUBLISHERS INC Legal Notices Publishing City Clerk 293269 100 SUNDRE SHARON AR Utility Water Enterprise Fund 292827 99 56 BREWING LLC Liquor Product Received Prairie View Liquor Store 1031146 99 PROSOURCE SUPPLY Cleaning Supplies General Community Center 293012 99 BECK LILA Mileage & Parking Tree Disease Check #Amount Supplier / Explanation Account Description Business Unit Comments 8926 99 PAYA Bank and Service Charges Arts 292872 98 CINTAS Operating Supplies Park Maintenance 293100 97 SYVERSON TESSA Mileage & Parking Youth Programs Admin 293253 97 OPEN DOOR LABS INC AR Utility Water Enterprise Fund 293576 96 SHAKOPEE BREWHALL Liquor Product Received Den Road Liquor Store 293655 96 KOHNER DAWN AR Utility Water Enterprise Fund 293254 95 OPEN DOOR LABS INC AR Utility Water Enterprise Fund 1031195 95 ABRAMOVICH GENNADIY Clothing & Uniforms Police Sworn 1031314 95 BERRY COFFEE COMPANY Merchandise for Resale Concessions 293235 94 LEACH, JOHN AR Utility Water Enterprise Fund 293619 93 COMCAST Internet IT Operating 293163 92 STARRY EYED BREWING LLC Liquor Product Received Den Road Liquor Store 293425 92 INBOUND BREW CO Liquor Product Received Den Road Liquor Store 293207 92 BULDOC PAUL AR Utility Water Enterprise Fund 293251 90 OLECKI JAMES AR Utility Water Enterprise Fund 293282 90 ZILLOW HOMES INC AR Utility Water Enterprise Fund 293639 90 GUST BRAYDEN P&R Refunds Community Center Admin 293616 89 CHILDS DOUG AR Utility Water Enterprise Fund 293017 88 BOUND TREE MEDICAL LLC EMS Supplies Fire 293240 88 MARTINSON BETH AR Utility Water Enterprise Fund 292837 88 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store 293085 88 PRESCRIPTION LANDSCAPE Contract Svcs - Lawn Maint.City Center - CAM 293555 87 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store 293277 87 WILKES KYLE AR Utility Water Enterprise Fund 293463 86 COMCAST Capital Under $25,000 Public Safety Communications 293483 85 HANSON JENNIFER Tuition Reimbursement/School Fitness Classes 293202 84 BERTSCH FRANK AR Utility Water Enterprise Fund 293041 83 GREAT LAKES COCA-COLA DISTRIBUTION Merchandise for Resale Concessions 293401 82 BOURGET IMPORTS Liquor Product Received Prairie Village Liquor Store 293506 81 MITCHELL SAPNA P&R Refunds Community Center Admin 1031367 81 PARLEY LAKE WINERY Liquor Product Received Prairie View Liquor Store 292776 80 HENNEPIN COUNTY SHERIFF'S OFFICE Deposits General Fund 292775 78 HENNEPIN COUNTY SHERIFF'S OFFICE Deposits General Fund 293689 78 SHINTRI JYOTI P&R Refunds Community Center Admin 293095 76 STOREY NATE Mileage & Parking Community Center Admin 293131 76 MINNESOTA ICE SCULPTURES LLC Liquor Product Received Prairie Village Liquor Store 293652 75 JONES SVETLANA Other Contracted Services PeopleFest 292928 75 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 292854 74 ARCPOINT LABS OF EDEN PRAIRIE Employment Support Test Organizational Services 293233 73 KEHL GEORGE AR Utility Water Enterprise Fund 293014 72 BENNETT ISABELLA Mileage & Parking Aquatics Admin. 293273 72 VOGELGESANG RICHARD AR Utility Water Enterprise Fund 293170 72 56 BREWING LLC Liquor Product Received Prairie View Liquor Store 293701 72 TACTICAL SOLUTIONS INC Equipment Repair & Maint Police Sworn 8938 71 PAYCHEX Payroll Admin. Fees 494 Corridor Commission 8953 71 PAYCHEX Payroll Admin. Fees 494 Corridor Commission 293280 70 ZILLOW HOMES INC AR Utility Water Enterprise Fund 1031308 69 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store 293245 69 MORENO ASHLEY AR Utility Water Enterprise Fund 293629 69 EARL F ANDERSEN INC Signs Traffic Signs Check #Amount Supplier / Explanation Account Description Business Unit Comments 292913 68 OFFICE OF MN IT SERVICES Other Contracted Services Police Sworn 293204 68 BOURALEH MOUKTAR AR Utility Water Enterprise Fund 8935 68 MONEY MOVERS INC Other Contracted Services Community Center Admin 293193 68 ANDERSON ETHEL AR Utility Water Enterprise Fund 293372 68 SNAP-ON TOOLS Small Tools Fleet Operating 293462 67 COMCAST Cable TV Fire 293205 66 BRAATZ HENRIETTA AR Utility Water Enterprise Fund 293447 66 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 293518 66 SALYARDS, MARY P&R Refunds Community Center Admin 293416 66 AM CRAFT SPIRITS SALES & MARKETING Liquor Product Received Den Road Liquor Store 1031156 64 ECM PUBLISHERS INC Legal Notices Publishing City Clerk 1031289 64 MINNESOTA EQUIPMENT Equipment Parts Fleet Operating 293394 64 WORTHINGTON MATT Training Supplies Fire 1031313 62 BECKER, DAVE Mileage & Parking Police Sworn 293220 60 GULDSETH DENNIS AR Utility Water Enterprise Fund 1031219 60 BOBBY & STEVE'S AUTO WORLD EDEN PRAIRIE Other Contracted Services Police Sworn 8934 60 FURTHER - AKA SELECT HRA Health and Benefits 1031143 60 MPX GROUP, THE Printing Fire 1031381 60 MPX GROUP, THE Dues & Subscriptions Police Sworn 293228 59 JOHNSON WAYNE AR Utility Water Enterprise Fund 293197 58 BEALL, ERIK AR Utility Water Enterprise Fund 1031128 57 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store 292802 57 56 BREWING LLC Liquor Product Received Den Road Liquor Store 1031281 56 ECM PUBLISHERS INC Legal Notices Publishing City Clerk 293520 56 SINGH VIRENDRA AR Utility Water Enterprise Fund 1031318 56 CLAREY'S SAFETY EQUIPMENT Contract Svcs - Fire/Life/Safe Maintenance Facility 293521 56 SNAP-ON TOOLS Small Tools Fleet Operating 293023 55 COMCAST Operating Supplies Fire 292861 55 BECK LILA Mileage & Parking Tree Disease 293242 54 MCCOY CURTIS AR Utility Water Enterprise Fund 293304 53 CULLIGAN BOTTLED WATER Corridor Comm. Misc 494 Corridor Commission 293226 53 INTEGRATED PROP HOLDINGS LLC AR Utility Water Enterprise Fund 1031171 52 QUICKSILVER EXPRESS COURIER Postage Utility Operations - General 293333 52 KADAM SUJAN P&R Refunds Community Center Admin 292924 52 STAPLES ADVANTAGE Office Supplies Utility Operations - General 1031263 51 MADISON, MELISSA Outreach Mileage/Parking 494 Corridor Commission 293143 51 56 BREWING LLC Liquor Product Received Den Road Liquor Store 293140 51 URBAN GROWLER BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 293060 50 LEAGUE OF MINNESOTA CITIES Deposits General Fund 293145 50 BERGMAN LEDGE LLC Liquor Product Received Den Road Liquor Store 293449 49 A TO Z RENTAL CENTER Equipment Repair & Maint Fire 293490 49 J H LARSON COMPANY Repair & Maint. Supplies Riley Lake 293232 48 KAKANAVARAM ANIRUDH AR Utility Water Enterprise Fund 293618 47 COMCAST Cable TV Fire 1031299 45 UPS Postage Arts Center 1031200 45 JOHNSTON, ROB Clothing & Uniforms Police Sworn 293387 44 UNITED REFRIGERATION Supplies - HVAC City Center - CAM 293218 44 GLOE CYNTHIA AR Utility Water Enterprise Fund 293274 44 WAHNON ELIANA AR Utility Water Enterprise Fund 293033 42 EDEN PRAIRIE CRIME PREVENTION FUND Operating Supplies Police Sworn Check #Amount Supplier / Explanation Account Description Business Unit Comments 293248 41 MYREN-MANBECK, LORI AR Utility Water Enterprise Fund 1031258 41 GOERGEN, MARIE Mileage & Parking Fitness Admin. 293264 40 SCOONOVER, BELLE AR Utility Water Enterprise Fund 1031369 39 CARLSTON, BRANDON Canine Supplies Police Sworn 293670 39 OPHOVEN SAW SERVICE Equipment Repair & Maint Senior Center Programs 293263 37 SCHMITZ LAURA AR Utility Water Enterprise Fund 1031209 37 O'ROURKE, MATTHEW Clothing & Uniforms Police Sworn 1031275 36 CDW GOVERNMENT INC.Computer -Accessories IT Operating 1031176 36 UPS Postage Human Resources 293358 35 OPHOVEN SAW SERVICE Equipment Repair & Maint Senior Center Programs 293500 35 MINNESOTA DEPT OF HEALTH Licenses, Taxes, Fees Concessions 293075 34 MINVALCO INC Repair & Maint. Supplies Water Treatment 293216 34 GILL VIBHA AR Utility Water Enterprise Fund 1031264 33 MEREDITH KATE Outreach Mileage/Parking 494 Corridor Commission 1031212 33 SITEONE LANDSCAPE SUPPLY, LLC Repair & Maint. Supplies Park Maintenance 293258 32 RADEMACHER MARK AR Utility Water Enterprise Fund 293222 32 HASCALL, RICHARD AR Utility Water Enterprise Fund 293061 32 LINDNER ELIZABETH P&R Refunds Community Center Admin 292908 31 MINNESOTA TROPHIES & GIFTS Operating Supplies Police Sworn 293238 31 LOHAN JAMES AR Utility Water Enterprise Fund 293260 31 ROHLIK MARISA AR Utility Water Enterprise Fund 292888 30 FLAGSHIP RECREATION Repair & Maint. Supplies Miller Park 293332 30 JERRY'S ENTERPRISES INC Repair & Maint. Supplies Utility Operations - General 293650 30 JERRY'S ENTERPRISES INC Repair & Maint. Supplies Utility Operations - General 1031197 29 DUNGAN, TRACY Mileage & Parking Concessions 293191 29 ABDI PROPERTY LLC AR Utility Water Enterprise Fund 1031255 29 BICKLER, JILL Mileage & Parking Fitness Admin. 293276 29 WIELAND ANDREA AR Utility Water Enterprise Fund 293249 28 NICHOLS, GARY AR Utility Water Enterprise Fund 293301 27 COMCAST Internet IT Operating 293266 27 SMITH DEBORAH AR Utility Water Enterprise Fund 293279 26 WOOLSEY MICHAEL AR Utility Water Enterprise Fund 293511 26 POLVI CHRISTOPHER AR Utility Water Enterprise Fund 293697 25 STATE OF MINNESOTA Autos Fleet - Police 293256 25 PERALTA NANCY AR Utility Water Enterprise Fund 293002 24 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 293070 24 MINNESOTA AIR INC Supplies - HVAC Dunn Brothers 1031390 24 ECM PUBLISHERS INC Legal Notices Publishing City Clerk 292915 24 OPHOVEN SAW SERVICE Equipment Repair & Maint Senior Center Programs 1031272 23 TOLL GAS AND WELDING SUPPLY Repair & Maint. Supplies Utility Operations - General 293464 23 COMCAST Other Contracted Services Police Sworn 293072 23 MINNESOTA DEPT OF HEALTH Licenses, Taxes, Fees Utility Operations - General 293492 23 LANO EQUIPMENT INC Equipment Parts Fleet Operating 292874 22 COMCAST Other Contracted Services Police Sworn 293229 21 JOHNSON, KYLE AR Utility Water Enterprise Fund 293236 21 LEWIS MARC AR Utility Water Enterprise Fund 293278 21 WOLFE BRUCE AR Utility Water Enterprise Fund 293231 21 JOSHI ANUP AR Utility Water Enterprise Fund 293211 20 DAMGAARD KIMBERLY AR Utility Water Enterprise Fund 293198 20 BENEDICT STEPHEN AR Utility Water Enterprise Fund Check #Amount Supplier / Explanation Account Description Business Unit Comments 293297 20 CHRIS CASTLE INC Phone/Data/Web 494 Corridor Commission 1031213 20 SPOK, INC.Cell/Pager Plans IT Operating 8927 19 NCR PAYMENT SOLUTIONS,PA, LLC Bank and Service Charges Liquor Store Delivery 293275 19 WALLACE SCOTT AR Utility Water Enterprise Fund 1031266 18 NELSON, ROBIN Outreach Mileage/Parking 494 Corridor Commission 293244 18 MOOTY DAVID AR Utility Water Enterprise Fund 293219 17 GONZALEZ CLAUDIA AR Utility Water Enterprise Fund 293241 17 MAY KLAUS AR Utility Water Enterprise Fund 293217 17 GILMORE JON AR Utility Water Enterprise Fund 293271 17 TREBILCOCK GINA AR Utility Water Enterprise Fund 1031285 17 HORIZON COMMERCIAL POOL SUPPLY Operating Supplies Round Lake 292853 16 AP HOLDINGS AR Utility Water Enterprise Fund 293507 16 NCPERS GROUP LIFE INSURANCE PERA Health and Benefits 293710 16 VERMONT SYSTEMS, INC Software Recreation Admin 293472 16 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits 293473 16 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits 293042 16 HAMM LILIAN P&R Refunds Community Center Admin 293192 16 AMOS RITA AR Utility Water Enterprise Fund 1031240 16 UPS Postage Customer Service 1031351 16 UPS Postage Customer Service 293196 15 BAYLEY MARK AR Utility Water Enterprise Fund 8964 15 PAYA Bank and Service Charges Arts 293225 15 HONN, BRIAN AR Utility Water Enterprise Fund 292925 14 STATE OF MINNESOTA Licenses, Taxes, Fees Fleet Operating 293696 14 STATE OF MINNESOTA Licenses, Taxes, Fees Fleet Operating 293200 14 BEREND LEAH AR Utility Water Enterprise Fund 293215 14 ESTATE OF JUDY DEJOODE C/O JASON DEJOODE AR Utility Water Enterprise Fund 1031267 14 PETERKIN, BRENNA Tuition Reimbursement/School Fitness Classes 293209 14 COOK BARBARA AR Utility Water Enterprise Fund 293268 13 SPIKER MADDY AR Utility Water Enterprise Fund 293246 13 MUDIREDDY BUCHI AR Utility Water Enterprise Fund 293210 12 DAHLGREN ANDREW AR Utility Water Enterprise Fund 293227 12 IRLBECK CYLER AR Utility Water Enterprise Fund 293709 12 VALDEZ AMANDA P&R Refunds Community Center Admin 293267 12 SPIELMAN RICHARD AR Utility Water Enterprise Fund 293195 12 ASAITHAMBI VIGNESHWARAN AR Utility Water Enterprise Fund 293213 11 DONKERSGOED COREY AR Utility Water Enterprise Fund 293206 10 BROWN ROSS AR Utility Water Enterprise Fund 293074 10 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Creek Woods 293237 9 LILIENTHAL CLARENCE AR Utility Water Enterprise Fund 293018 8 CEF EP COMMUNITY SOLAR LLC Electric Facilities Operating ISF 293243 7 MELCHISEDECH BEVERLY AR Utility Water Enterprise Fund 293672 6 PEDERSON BARBARA Deposits General Fund 293223 6 HIGH OPPORTUNITY NEIGHBORHOOD II LLC AR Utility Water Enterprise Fund 293087 5 RYAN COMPANIES US INC Deposits General Fund 293199 5 BENNETT STEVEN AR Utility Water Enterprise Fund 293024 4 COMCAST Other Contracted Services Police Sworn 293471 4 EDEN PRAIRIE CRIME PREVENTION FUND Charitable Contributions Health and Benefits 8921 2 CARD CONNECT Bank and Service Charges Community Center Admin 9,710,086 Grand Total City of Eden Prairie Purchasing Card Payment Report 8/16/2022 Amount Account Description Business Unit 11,132 Building Surcharge General Fund 5,514 Repair & Maint. Supplies Facilities Capital 2,366 Operating Supplies Police Sworn 2,252 Operating Supplies Outreach 2,152 Capital Under $25,000 Special Events Admin 2,012 Operating Supplies Police Sworn 2,001 Training Supplies Fire 1,674 Repair & Maint. Supplies Facilities Capital 1,537 Operating Supplies July 4th Celebration 1,500 Conference/Training Pool Operations 1,495 Software/Hardware Maint.IT Operating 1,320 Operating Supplies Public Safety Communications 999 Other Contracted Services Communications 877 Travel Expense Utility Operations - General 873 Operating Supplies Pool Lessons 860 Bank and Service Charges Prairie View Liquor Store 828 Software Fleet Operating 807 Operating Supplies Safety Camp 755 Conference/Training City Council 755 Deposits General Fund 754 Conference/Training City Council 750 Conference/Training Administration 720 Dues & Subscriptions Economic Development 719 Repair & Maint. Supplies General Community Center 700 Operating Supplies Safety Camp 668 Operating Supplies Pool Operations 645 Operating Supplies Fire 639 Protective Clothing Fire 635 Protective Clothing Fire 620 Protective Clothing Fire 615 Tuition Reimbursement/School Police Sworn 610 Other Contracted Services Safety Camp 610 Awards Finance 580 Conference/Training Administration 580 Conference/Training City Council 570 Clothing & Uniforms Utility Operations - General 570 Retention Program Community Center Admin 562 Repair & Maint. Supplies City Center - CAM 549 Licenses, Taxes, Fees Fitness Classes 546 Operating Supplies Police Sworn 545 Dues & Subscriptions Assessing 522 Travel Expense Police Sworn Amount Account Description Business Unit 522 Travel Expense Police Sworn 519 Operating Supplies Community Center Admin 518 Tuition Reimbursement/School Police Sworn 503 Capital Under $25,000 Fitness Classes 495 Conference/Training City Council 474 Operating Supplies Community Center Admin 470 Special Event Fees Trips 462 Training Supplies Fire 459 Conference/Training Administration 456 Operating Supplies Police Sworn 445 Tuition Reimbursement/School Police Sworn 439 Operating Supplies Fire 428 Clothing & Uniforms Theatre Initiative 413 Other Contracted Services Housing and Community Service 384 Protective Clothing Fire 378 Special Event Fees Trips 375 Tuition Reimbursement/School Police Sworn 375 Tuition Reimbursement/School Police Sworn 375 Tuition Reimbursement/School Police Sworn 375 Tuition Reimbursement/School Police Sworn 375 Tuition Reimbursement/School Police Sworn 375 Tuition Reimbursement/School Police Sworn 375 Tuition Reimbursement/School Police Sworn 375 Tuition Reimbursement/School Police Sworn 369 Conference/Training Pool Operations 361 Operating Supplies Skating Rinks/Warming Houses 350 Equipment Repair & Maint Fleet Operating 347 Clothing & Uniforms Special Events Admin 347 Training Fire 320 Conference/Training Pool Operations 320 Conference/Training Pool Operations 318 Conference/Training City Council 318 Conference/Training City Council 318 Conference/Training City Council 311 Conference/Training Tree Disease 306 Operating Supplies Day Camp 303 Repair & Maint. Supplies Riley Lake 300 Tuition Reimbursement/School Police Sworn 300 Other Contracted Services Liquor Store Delivery 297 Travel Expense Administration 297 Operating Supplies Volleyball 296 Operating Supplies Fire 290 Conference/Training Utility Operations - General 275 Tuition Reimbursement/School Police Sworn 275 Tuition Reimbursement/School Police Sworn 267 Bank and Service Charges Prairie View Liquor Store Amount Account Description Business Unit 260 Training Supplies Pool Operations 256 Training Fire 252 Operating Supplies Gymnasium (CC) 251 Operating Supplies Youth Programs Admin 250 Awards Finance 250 Conference/Training Sustainable Eden Prairie 249 Printing Police Sworn 234 Operating Supplies Playgrounds 226 Other Contracted Services Street Maintenance 224 Operating Supplies Pool Operations 218 Operating Supplies Volunteers 217 Tuition Reimbursement/School Police Sworn 207 Operating Supplies Police Sworn 206 Employee Award Organizational Services 205 Conference/Training Pool Operations 200 Lime Residual Removal Water Treatment 196 Operating Supplies Staring Lake Concert 193 Operating Supplies Fire 192 Operating Supplies Summer Theatre 192 Conference/Training Pool Lessons 191 Office Supplies Police Sworn 187 Operating Supplies Prairie View Liquor Store 186 Process Control Equipment IT Operating 186 Operating Supplies Outdoor Center 184 Operating Supplies Day Care 179 Protective Clothing Fire 175 Licenses, Taxes, Fees Concessions 173 Operating Supplies Fire 171 Clothing & Uniforms Fitness Admin. 168 Operating Supplies Arts Center 168 Conference/Training Pool Operations 162 Operating Supplies Community Center Admin 160 Operating Supplies Pool Operations 160 Operating Supplies Pool Operations 157 Special Event Fees Senior Center Programs 156 Operating Supplies Arts Center 154 Employee Award Organizational Services 150 Special Event Fees Senior Center Programs 150 Operating Supplies Safety Camp 148 Software/Hardware Maint.IT Operating 146 Operating Supplies Youth Programs Admin 143 Operating Supplies Pool Operations 141 Operating Supplies July 4th Celebration 140 Equipment Parts Fleet Operating 140 Training Supplies Police Sworn 138 Equipment Repair & Maint Fitness Classes Amount Account Description Business Unit 137 Operating Supplies Arts Center 133 Operating Supplies Youth Programs Admin 130 Operating Supplies Day Camp 127 Repair & Maint. Supplies Park Maintenance 124 Operating Supplies Summer Theatre 122 Operating Supplies Outreach 121 Operating Supplies Outdoor Center 120 Operating Supplies Summer Theatre 120 Operating Supplies Police Sworn 118 Operating Supplies Public Safety Communications 117 Operating Supplies Pool Lessons 117 Operating Supplies Playgrounds 116 Operating Supplies Day Camp 113 Operating Supplies July 4th Celebration 108 Operating Supplies Tree Disease 106 Operating Supplies Fleet Operating 105 Conference/Training Pool Operations 100 Licenses, Taxes, Fees Fitness Classes 100 Landscape Materials/Supp Riley Lake 98 Operating Supplies Fire 97 Operating Supplies Police Sworn 96 Operating Supplies Pool Operations 95 Tuition Reimbursement/School Police Sworn 95 Operating Supplies Pool Operations 95 Operating Supplies Arts Center 94 Operating Supplies Arts Center 92 Travel Expense City Council 91 Operating Supplies Arts Center 90 Operating Supplies IT Operating 89 Software/Hardware Maint.Fire 87 Operating Supplies Safety Camp 86 Operating Supplies Safety Camp 86 Repair & Maint. Supplies Water Distribution 85 Dues & Subscriptions Assessing 85 Operating Supplies July 4th Celebration 84 Operating Supplies Arts Center 83 Miscellaneous Volunteers 81 Operating Supplies Riley Lake Beach 81 Operating Supplies Tennis 81 Operating Supplies Outdoor Center 80 Equipment Parts Fleet Operating 80 Repair & Maint. Supplies Facilities Staff 80 Health & Fitness Fire 77 Deposits General Fund 77 Operating Supplies Arts Center 77 Conference/Training Community Center Admin Amount Account Description Business Unit 77 Operating Supplies Public Safety Communications 76 Miscellaneous Volunteers 76 Motor Fuels Fleet Operating 75 Operating Supplies Playgrounds 75 Safety Supplies Utility Operations - General 75 Tuition Reimbursement/School Police Sworn 75 Tuition Reimbursement/School Police Sworn 75 Tuition Reimbursement/School Police Sworn 75 Tuition Reimbursement/School Police Sworn 75 Tuition Reimbursement/School Police Sworn 75 Tuition Reimbursement/School Police Sworn 75 Tuition Reimbursement/School Police Sworn 74 Tuition Reimbursement/School Police Sworn 74 Operating Supplies Day Camp 73 Office Supplies Special Events Admin 73 Operating Supplies Community Center Admin 73 Operating Supplies Pool Operations 72 Operating Supplies Outdoor Center 71 Operating Supplies Fire 70 Office Supplies Police Sworn 69 Operating Supplies Outdoor Center 69 Dues & Subscriptions Athletic Programs Admin 69 Dues & Subscriptions Athletic Programs Admin 69 Operating Supplies Day Camp 67 Operating Supplies Finance 66 Special Event Fees Senior Board 65 Operating Supplies Arts Center 64 Travel Expense Police Sworn 64 Operating Supplies Fitness Admin. 62 Training Supplies Police Sworn 62 Tuition Reimbursement/School Police Sworn 62 Tuition Reimbursement/School Police Sworn 62 Tuition Reimbursement/School Police Sworn 61 Operating Supplies Arts Center 61 Operating Supplies Outdoor Center 60 Operating Supplies Pool Operations 58 Operating Supplies Day Camp 58 Conference/Training Pool Operations 58 Training Supplies Police Sworn 57 Other Contracted Services Street Maintenance 57 Operating Supplies Theatre Initiative 57 Operating Supplies Arts Center 56 Operating Supplies Community Center Admin 55 Operating Supplies Riley Lake Beach 55 Dues & Subscriptions Police Sworn 55 Operating Supplies Pool Operations Amount Account Description Business Unit 55 Operating Supplies Arts Center 54 Miscellaneous Administration 50 Licenses, Taxes, Fees Tree Disease 50 Licenses, Taxes, Fees Tree Disease 50 Operating Supplies Youth Programs Admin 50 Operating Supplies Park Maintenance 49 Miscellaneous City Council 49 Operating Supplies Fleet Operating 49 Dues & Subscriptions Police Sworn 49 Fire Prevention Supplies Fire 49 Operating Supplies Arts Center 48 Operating Supplies Arts Center 48 Training Fire 45 Small Tools Fleet Operating 45 Operating Supplies Arts Center 45 Tuition Reimbursement/School DWI Forfeiture 44 Operating Supplies Arts Center 44 Operating Supplies Arts Center 44 Tuition Reimbursement/School Police Sworn 43 Operating Supplies Tennis 43 Miscellaneous Arts Center 43 Operating Supplies Safety Camp 43 Special Event Fees Senior Center Programs 42 Operating Supplies Arts Center 41 Operating Supplies Summer Theatre 41 Operating Supplies Arts Center 41 Operating Supplies Round Lake Beach 41 Operating Supplies July 4th Celebration 41 Operating Supplies Youth Programs Admin 40 Operating Supplies Outdoor Center 40 Operating Supplies Outdoor Center 40 Operating Supplies Youth Programs Admin 39 Operating Supplies IT Operating 39 Operating Supplies Arts Center 39 Special Event Fees Senior Center Programs 38 Operating Supplies Outreach 38 Operating Supplies Outreach 38 Operating Supplies Arts Center 38 Operating Supplies Arts Center 37 Operating Supplies Arts Center 37 Operating Supplies Arts Center 37 Operating Supplies Arts Center 37 Operating Supplies Arts Center 36 Miscellaneous IT Operating 36 Operating Supplies Police Sworn 36 Operating Supplies Day Care Amount Account Description Business Unit 36 Operating Supplies Community Center Admin 35 Operating Supplies Arts Center 35 Operating Supplies Playgrounds 35 Licenses, Taxes, Fees Park Maintenance 34 Operating Supplies Arts Center 33 Operating Supplies Lesson Skills Development 33 Operating Supplies Arts Center 33 Operating Supplies Arts Center 33 Operating Supplies Arts Center 33 Operating Supplies Outdoor Center 32 Operating Supplies Community Center Admin 32 Operating Supplies July 4th Celebration 31 Operating Supplies Round Lake Beach 31 Operating Supplies Arts Center 30 Employee Award Organizational Services 30 Operating Supplies Arts Center 30 Computers IT Operating 29 Operating Supplies Staring Lake Concert 29 Operating Supplies Arts Center 28 Operating Supplies Arts Center 28 Operating Supplies Arts Center 28 Operating Supplies Youth Programs Admin 27 Miscellaneous IT Operating 27 Operating Supplies Arts Center 27 Training Fire 27 Deposits General Fund 26 Operating Supplies Playgrounds 25 Conference/Training Pool Operations 25 Operating Supplies Arts Center 25 Advertising Arts in the Park 25 Conference/Training Human Resources 24 Operating Supplies Arts Center 24 Operating Supplies Police Sworn 24 Operating Supplies Arts Center 24 Operating Supplies Arts Center 23 Operating Supplies Police Sworn 23 Operating Supplies Arts Center 23 Operating Supplies Police Sworn 21 Operating Supplies Arts Center 21 Operating Supplies Fitness Center 21 Operating Supplies Arts Center 20 Operating Supplies Arts Center 20 Other Contracted Services Summer Theatre 20 Capital Under $25,000 Fitness Classes 20 Training Supplies Organizational Services 20 Operating Supplies Community Center Admin Amount Account Description Business Unit 20 Operating Supplies Arts Center 19 Operating Supplies Park Maintenance 19 Operating Supplies Playgrounds 19 Special Event Fees Trips 19 Operating Supplies Police Sworn 19 Miscellaneous Volunteers 19 Licenses, Taxes, Fees Park Maintenance 18 Operating Supplies Arts Center 18 Operating Supplies Arts Center 18 Operating Supplies Fitness Center 18 Operating Supplies Arts Center 18 Operating Supplies Arts Center 18 Operating Supplies Arts Center 17 Operating Supplies Arts Center 17 Operating Supplies Arts Center 17 Dues & Subscriptions Police Sworn 17 Safety Supplies Pool Operations 17 Miscellaneous IT Operating 17 Operating Supplies Arts Center 17 Operating Supplies Youth Programs Admin 17 Operating Supplies Community Center Admin 16 Other Contracted Services Organizational Services 16 Dues & Subscriptions Housing and Community Service 16 Operating Supplies Tennis 16 Other Contracted Services Theatre Initiative 16 Operating Supplies Arts Center 16 Operating Supplies IT Operating 15 Operating Supplies Arts Center 15 Operating Supplies Arts Center 15 Merchandise for Resale Concessions 15 Dues & Subscriptions Communications 15 Other Contracted Services Theatre Initiative 15 Health & Fitness Fire 15 Operating Supplies Fitness Admin. 14 Operating Supplies Volunteers 14 Operating Supplies Community Center Admin 14 Operating Supplies Pool Operations 14 Operating Supplies Community Center Admin 13 Operating Supplies Fire 13 Operating Supplies Arts Center 13 Computers IT Operating 13 Miscellaneous IT Operating 12 Operating Supplies Youth Programs Admin 12 Operating Supplies Pool Operations 12 Operating Supplies Arts Center 12 Operating Supplies Day Camp Amount Account Description Business Unit 12 Operating Supplies Arts Center 11 Operating Supplies Arts Center 11 Operating Supplies Arts Center 11 Training Supplies Fire 11 Operating Supplies Pool Operations 11 Equipment Repair & Maint Public Safety Communications 11 Miscellaneous Volunteers 11 Special Event Fees Senior Center Admin 10 Advertising Prairie View Liquor Store 10 Operating Supplies Pool Operations 10 Operating Supplies Pool Operations 9 Postage Fleet Operating 9 Operating Supplies Arts Center 9 Operating Supplies Arts Center 9 Operating Supplies Arts Center 9 Operating Supplies Day Care 9 Operating Supplies Theatre Initiative 8 Operating Supplies Fitness Classes 8 Operating Supplies Den Road Liquor Store 8 Operating Supplies Arts Center 7 Operating Supplies Theatre Initiative 7 Operating Supplies Summer Theatre 7 Operating Supplies Arts Center 7 Mileage & Parking Economic Development 6 Equipment Repair & Maint Public Safety Communications 6 Operating Supplies Arts Center 5 Postage Fleet Operating 5 Operating Supplies Arts Center 5 Operating Supplies Fitness Admin. 5 Deposits General Fund 5 Operating Supplies Tennis 4 Operating Supplies Arts Center 4 Operating Supplies Park Maintenance 4 Special Event Fees Senior Center Programs 4 Operating Supplies Arts Center 4 Dues & Subscriptions Assessing 4 Operating Supplies Arts Center -1 Deposits General Fund -14 Operating Supplies Community Center Admin -19 Repair & Maint. Supplies Facilities Capital -23 Operating Supplies IT Operating -34 Computers IT Operating -42 Operating Supplies Police Sworn -53 Operating Supplies Fitness Center -90 Dues & Subscriptions Police Sworn -126 Operating Supplies Gymnasium (CC) Amount Account Description Business Unit -230 Repair & Maint. Supplies Senior Center -417 Operating Supplies Community Center Admin -1,165 Conference/Training Fire 91,063 Report Total CITY COUNCIL AGENDA SECTION: Ordinances & Resolutions DATE: August 16, 2022 DEPARTMENT / DIVISION: Chief Matt Sackett Police Department ITEM DESCRIPTION: First and Second Reading of an Ordinance Adopting New City Code Section 5.79 Relating to Edible THC Products ITEM NO.: XI.A. Requested Action Move to: Approve the first and second reading of an ordinance amending City Code Chapter 5 by adopting a new Section 5.79 relating to edible THC products Synopsis In 2019, the Minnesota legislature legalized the sale of certain products containing nonintoxicating cannabinoids extracted from hemp, commonly known as CBD. The legislature recently amended the law, Minnesota Statutes Section 151.72, to specifically legalize certain “edible cannabinoids” derived from hemp that contain a small amount of THC, the main psychoactive compound found in the cannabis plant. The law now permits the sale of products containing THC that are intended to be eaten, commonly known as “edibles,” as well as beverages containing THC. These products may contain no more than 0.3% of any THC total, no more than five milligrams of THC per serving, and no more than fifty milligrams of THC per package. The law prohibits the sale of these edible THC products to anyone under the age of 21, and contains several requirements regarding labeling and packaging. This action proposes an ordinance requiring anyone selling edible THC products to obtain a license from the City. The purpose of this licensing requirement is ensure that retailers are selling these products only in accordance with state law and to provide safeguards to ensure that they are not being sold to anyone under 21. The proposed ordinance is closely aligned with the City’s tobacco licensing ordinance. Among other provisions, it prohibits edible THC products from being sold at vending machines, kiosks, or other movable places of business, requires that the products be sold behind a counter except at tobacco products shop, and places minimum age requirements on who may sell such products. The proposed ordinance also provides for compliance checks to ensure that all requirements are being followed. Attachments Ordinance Summary Ordinance Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. _______-2022 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 5 BY ADOPTING A NEW SECTION 5.79 RELATING TO EDIBLE THC PRODUCTS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 5.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. City Code Chapter 5 is amended by inserting a new Section 5.79 which reads as follows: SECTION 5.79. – EDIBLE THC PRODUCTS Subd. 1. Purpose and Findings. The Council of the City of Eden Prairie finds that, based on the most reliable and up-to-date scientific evidence, the rapid introduction of newly legalized edible THC products presents a significant potential threat to the public health, safety, and welfare of the residents of the City, and particularly to youth. Edible THC products have become increasingly common and are available in a variety of flavors and forms that appeal to children and young adults and may lead to negative health consequences. The City desires to enact this licensing requirement in an effort to prevent children and young adults from purchasing and using edible THC products. The intent of this section is to require a license for the sale of those edible THC products that may be legally sold under Minnesota law. Subd. 2. Definitions. When used in this section, the following terms have the following meanings: Edible cannabinoid has the meaning given in Minn. Stat. § 151.72, subd. 1. Edible THC product means any product that contains THC and (1) is intended to be eaten or consumed as a beverage by humans, (2) is not a drug as defined in Minn. Stat. § 151.01, subd. 5, and (3) in combination with food ingredients, contains no more THC than the amount permitted for edible cannabinoids under Minn. Stat. § 151.72. Movable place of business means a business whose physical location is not permanent or is capable of being moved or changed, including, but not limited to, any business that is operated from a kiosk, other transportable structure or shelter, or a motorized or nonmotorized vehicle. Self-service merchandising means open displays of edible THC products in any manner where any person has access to the edible THC products without the assistance or intervention of the licensee or licensee’s employee. THC means tetrahydrocannabinol. Tobacco Products Shop has the meaning given in Section 5.35. Vending machine means any mechanical, electric or electronic, self-service device which, upon inserting money, tokens, or any other form of payment, dispenses edible THC products and including vending machines equipped with manual, electric or electronic locking devices. Subd. 3. License Required. No person may keep for retail sale, sell at retail, or otherwise dispose of any edible THC product at any place in the City without first obtaining a license from the City. Subd. 4. Exceptions. Reserved. Subd. 5. Ineligibility. No license will be issued under this section to: A. A movable place of business. B. A person under twenty-one (21) years of age. C. A person who has knowingly misrepresented or falsified information on the license application; D. A person who has been convicted within the past five (5) years of any violation of a federal, state, or local law, ordinance provision or other regulation governing the manufacture, sale, distribution or possession for sale or distribution of any products containing THC. E. A person who has had an interest in, or has persons investing in, the business, building, premises, fixtures, furniture or equipment of the proposed licensee that had an interest in, as an individual or as part of a firm, association, partnership, corporation, limited liability company, or joint venture, a license related to the manufacture or sale of any product containing THC or a nonintoxicating cannabinoid as defined in Minn. Stat. § 151.72, subd. 1(h) or a tobacco-related products license that was revoked or suspended within the last five (5) years of the date the license application is submitted to the City. F. A person who is prohibited by federal, state, or other local law, ordinance, or other regulation from holding a license. G. A person who does not have, or at the time of the issuance of a license does not plan to have, at least one permanent physical premises in the City on which the licensed business will be located. Subd. 6. License Applications. A. Application. All applications for licenses issued under this section must be made on forms supplied by the City. All questions asked or information required by the application forms must be answered fully and completely by the applicant. B. False Statements. It is unlawful for any applicant to intentionally make a false statement or omission upon any application. Any false statement in such application or any willful omission to state any information called for on such application will, upon discovery of such falsehood, be grounds for denial or, if already issued, for revocation of the license. C. License, Application, and Investigation Fees. Upon submission of the application, applicants for a license must pay a fee to the City which will be considered an application and investigation fee, not refundable to applicant, to cover the costs of the City in processing the application and the investigation thereof. Upon approval of an application, whether initial or renewal, the license will not be effective until a separate license fee is paid. All application, investigation, and license fees provided for in this section will be fixed and determined by the Council. Such fees may, from time to time, be amended by the Council. D. Manager or Agent. If the applicant is a firm, association, partnership, corporation, limited liability company, or joint venture, the application must include the name of the natural person who will serve as the manager or agent of the licensed premises. Such manager or agent must, by the terms of their written consent, (1) take full responsibility for the conduct of the licensed premises, and (2) serve as agent for service of notices and other process relating to the license. A licensee must notify the City in writing within 15 days of any change in such manager or agent indicating the name and address of the new manager or agent and the effective date of such change. E. Investigation. The City is empowered to conduct any and all investigations to verify the information on applications and renewal applications submitted under this section, including but not limited to ordering a criminal history check pursuant to Minn. Stat. § 299C.72 and conducting an inspection of any premises proposed to be licensed. Failure of an applicant to allow an inspection is grounds for denial of the license. F. Consideration and Issuance. After the information on the application has been verified as correct by the City pursuant to subsection E above, an initial application for a license under this section will be endorsed by the Chief of Police for issuance or denial within thirty (30) days after the application and criminal history check are deemed to be complete. 1. Issuance. Upon the Chief of Police’s endorsement of approval of an application and the applicant’s payment of the license fee, the Licensing Technician will issue and mail a license to the applicant at the address noted in the application. 2. Denial. The Chief of Police may deny a license on the grounds set forth in Subdivision 5 of this section and/or on the same grounds for which a license may be suspended or revoked as set forth in Subdivision 8 of this section. A denial of an application will be communicated to the applicant in writing, including findings supporting the decision. The notice of denial will be mailed by regular mail to the applicant at the address listed on the application. An applicant may appeal a denial by submitting a hearing request to the Chief of Police within ten (10) days of the date of the notice of denial. If a hearing request is not received by the Chief of Police within ten (10) days of the date contained in the notice, the applicant's right to a hearing will be deemed waived. If timely requested, the hearing will be held in accordance with the procedures set forth in Subdivision 8.B.2 and 8.B.3 of this section. G. Term of License. Licenses issued under this section will expire on December 31 of each year. H. Renewal of License. Applications for renewal of all licenses issued under this section must be made at least sixty (60) days prior to the date of expiration of the license and must contain such information as is required by the City. After the information on the renewal application has been verified as correct by the City pursuant to subsection E above, a renewal application for a license under this section will be presented to the Chief of Police for issuance or denial. 1. Issuance. Upon approval of a renewal application and the applicant’s payment of the renewal fee, the Licensing Technician will issue and deliver a license certificate to the applicant at the address noted in the renewal application 2. Denial. The Chief of Police may deny renewal of a license on the grounds set forth in Subdivision 5 of this Section and/or on the same grounds for which a license may be suspended or revoked as set forth in Subdivision 8 of this Section. A denial of a renewal application will be communicated to the applicant in writing, including findings and conclusions supporting the decision. The notice of denial will be mailed by regular mail to the licensee at the address listed on the renewal application. A licensee may appeal a non-renewal by submitting a hearing request to the Chief of Police within ten (10) days of the date of the City’s notice of non-renewal. If a hearing request is not received by the City within ten (10) days of the date contained in the notice, the licensee’s right to a hearing will be deemed waived. If requested, the hearing will be held in accordance with the procedures set forth in Subdivision 8.B.2 and 8.B.3 of this Section. I. Change of Information. A licensee must notify the City within thirty (30) days of a change in the information or facts required to be furnished on the application for a license, even after the license has been issued. Failure to comply with this subsection is cause for suspension or revocation of the license. Subd. 7. Conditions, Restrictions, and Regulations A. A license is subject to the conditions, restrictions, and regulations in this section, all other provisions of City Code, and all provisions of other applicable federal, state, and local laws, regulations, and ordinances. B. A licensee is responsible for the conduct of their place of business and the conditions of order in it. The act of an employee of the licensee is deemed the act of the licensee as well, and the licensee is liable for all penalties provided by this section equally with the employee. C. The license must be posted in a conspicuous place in the premises for which it is issued and must be exhibited to any person upon request. D. No person may sell, offer for sale, give away, furnish, or deliver any edible THC product to any person under twenty-one (21) years of age. E. A licensee may sell edible THC products only in a direct face-to-face exchange between the licensee or the licensee’s employee and the consumer. F. No person may sell or dispense any edible THC product through the use of vending machines or by means of delivery. G. Except in a tobacco-products shop licensed pursuant to Section 5.35, no person may sell or dispense any edible THC product through self-service merchandising. The assistance or intervention of licensee or licensee’s employee must entail the actual physical exchange of the edible THC products between the customer and the licensee or employee. H. No person under twenty-one (21) years of age may sell, give, or otherwise furnish edible THC products at a tobacco products shop. No person under eighteen (18) years of age may sell, give, or otherwise furnish edible THC products at any other establishment licensed under this section. I. No person may distribute samples of any edible THC product free of charge or at a nominal cost. The distribution of edible THC products as a free donation is prohibited. J. No person may sell any edible THC product that is not in compliance with the requirements of Minn. Stat. § 151.72, including but not limited to the packaging, labeling, and other requirements for edible cannabinoids provided by Minn. Stat. § 151.72, subdivisions 4, 5, and 5a. K. Notice of the legal sales age must be posted at each location where edible THC products are offered for sale. The required signage must be posted in a manner so that it is clearly visible to anyone who is considering or making a purchase. L. The premises licensed under this section must be open to inspection by any duly authorized representative of the City during regular business hours to determine whether or not this section and all other laws are being observed. Subd. 8. Suspension and Revocation A. Grounds for Suspension or Revocation. The City may suspend or revoke a license issued under this section. The following are grounds for suspension or revocation of a license: 1. Fraud, misrepresentation, or false statement contained in a license application or a renewal application; 2. Failure to comply with any applicable statute, regulation, or ordinance, including this section, relating to the sale or use of edible THC products. 3. If the licensee is also the holder of a tobacco license issued by the City pursuant to Section 5.35, any grounds for suspension or revocation of the tobacco license under Section 5.35, Subd. 8.B. B. Procedure. 1. Notice. A suspension or revocation will be preceded by written notice from the Chief of Police or their designee to the licensee and an opportunity for a hearing. The notice must state the nature of the violation(s) or grounds for suspension or revocation and must inform the licensee of the licensee’s right to request in writing a hearing within ten (10) days of the date contained in the notice to dispute the suspension or revocation. The notice will be mailed by regular mail to the licensee at the most recent address listed on the license application. If a written hearing request is not received by the City within ten (10) days of the date contained in the notice, the licensee’s right to a hearing will be deemed waived. No suspension or revocation of a license under this section will take effect until (a) the licensee’s time to request a hearing expires; or (b) if a hearing is requested, after the licensee is informed of the decision of the City Manager. 2. Hearing. If a hearing is requested, the Chief of Police or their designee will provide written notice to the licensee of the date, time, and place of the hearing. The notice must be served in the same manner as the initial notice. The notice must be served no less than fifteen (15) days and no more than thirty (30) days prior to the hearing. The hearing will be held by an impartial hearing officer appointed by the Chief of Police or their designee. Upon conclusion of the hearing, the hearing officer must, within ten (10) days, make his or her recommendation to the City Manager in writing. If the hearing officer’s recommendation is denial of the renewal application or suspension or revocation of the license, they must include in the written recommendation their findings and conclusions supporting the decision. 3. Decision. Within thirty (30) days of receipt of the hearing officer’s written recommendation, the City Manager will make a decision on whether the license will be denied renewal, suspended, or revoked. The City Manager must inform the licensee in writing of the decision, including findings and conclusions supporting the decision, within ten (10) days. 4. Appeal. No appeal is allowed to the City Council under Section 2.80 of the City Code from a decision of the City Manager under this Section. The City Council may, on its own motion, determine to review the decision of the City Manager. Subd. 9. Violations. A. Violation a Misdemeanor. 1. A person who commits or attempts to commit, conspires to commit, or aids or abets in the commission of an act constituting a violation of this section, whether individually or in connection with one or more other persons or as principal, agent, or accessory is guilty of a misdemeanor. A person who falsely, fraudulently, forcibly, or willfully induces, causes, coerces, permits, or directs another to violate a provision of this section is guilty of a misdemeanor. 2. It is an affirmative defense to the charge of selling, giving, or otherwise furnishing edible THC products to a person under the age of twenty-one (21) years in violation of this section that the licensee or individual making the sale relied in good faith upon proof of age as described in Minnesota Statutes Section 340A.503, subdivision 6. B. False Identification. A person under twenty-one (21) years of age who purchases or attempts to purchase edible THC products and who uses a driver’s license, permit, Minnesota identification card, or any type of false identification to misrepresent the person’s age is subject to alternative civil penalties as specified by Police Department procedure. Section 2. Until such time as the City’s current Fee Resolution is amended to include application, investigation, and license fees for an edible THC products license under Section 5.79, the fee amount for an edible THC products license will be the same as for a tobacco license. Section 3. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Section 5.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance shall become effective from and after its passage and publication. FIRST AND FINALLY READ, adopted, and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 16th day of August, 2022. _________________________________ _________________________________ Katie O’Connor, Deputy City Clerk Ronald A. Case, Mayor Published in the Sun Sailor on the ____ day of ______________, 2022. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. __-2022 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 5 BY ADOPTING A NEW SECTION 5.79 RELATING TO EDIBLE THC PRODUCTS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 5.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance amends City Code Chapter 5 by adopting a new Section 5.79 which requires a City-issued license before a person may sell any edible product containing THC that is legal under state law. The ordinance contains conditions, restrictions, and requirements for the sale of edible THC products and provides procedures and penalties for violations, including for the sale of edible THC products to any person under the age of 21. Effective Date: This Ordinance shall take effect upon publication. ATTEST: __________________________ ________________________ Katie O’Connor, Deputy City Clerk Ronald A. Case, Mayor PUBLISHED in the Sun Sailor on ______________________, 2022. (A full copy of the text of this Ordinance is available from City Clerk.) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2022- A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. ____ AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. ______ was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 16th day of August, 2022. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS: A. Ordinance No. ______ is lengthy. B. The text of summary of Ordinance No. _________, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. C. The title and summary shall be published once in the Sun Sailor in a body type no smaller than brevier or eight-point type. D. A printed copy of the Ordinance shall be made available for inspection by any person, during regular office hours, at the office of the City Clerk, and a copy of the entire text of the Ordinance shall be posted in the City offices. E. Ordinance _______ shall be recorded in the Ordinance Book, along with proof of publication, within twenty (20) days after said publication. ADOPTED by the City Council on August 16, 2022. ___________________________ Ronald A. Case, Mayor ATTEST: _____________________________ Katie O’Connor, Deputy City Clerk