Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
City Council - 03/07/2023
WORKSHOP AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, MARCH 07, 2023 CITY CENTER 5:00 – 6:25 PM, HERITAGE ROOMS 6:30 – 7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Ron Case, Council Members Kathy Nelson, Mark Freiberg, PG Narayanan, and Lisa Toomey CITY STAFF: City Manager Rick Getschow, Police Chief Matt Sackett, Fire Chief Scott Gerber, Public Works Director Robert Ellis, Community Development Director Julie Klima, Parks and Recreation Director Jay Lotthammer, Administrative Services/HR Director Alecia Rose, Communications Manager Joyce Lorenz, City Attorney Maggie Neuville, and Recorder Kelsey Engelen Workshop - Heritage Rooms I and II (5:30) A. HIGHWAY 4 & 5 INTERCHANGE Open Podium - Council Chamber (6:30) I. OPEN PODIUM A. RENEE AND JIM DIVINE – NEIGHBORS UPKEEP OF HOME EXTERIOR AND CITY CODE III. ADJOURNMENT TH 5 and Eden Prairie Road (CSAH 4) Small Area Transportation Plan COUNCIL WORKSHOP MARCH 7, 2023 Study Area •TH 5 •CSAH 4 (Eden Prairie Rd) •US 212 Roadway Corridors TH 5 CSAH 4 History of Area Improvements •1991 –Current signal condition at 4&5 •Wallace Dr and Mitchell Rd at-grade intersections •2000 –Fuller Rd and TH 5 signal installed •2002 –US 212 Interchanges at Mitchell, Wallace, EP Rd •2008 –US 212 built west to City Limits and beyond KEY FOCUS ISSUES •Safety •Operations and Capacity •Queueing •Access •Pedestrians and Bicycle Connections •Alternatives Analysis Safety •4&5 Above Critical Crash Rate •101 Crashes in 5 year analysis period •No Fatal or Serious Injuries during analysis period MnDOT’s Crash Mapping Analysis Tool (151 crashes 1/13 –12/22) Crash Severity (4&5) Crash Time of Day (4&5) AM Peak School Peak PM Peak Operations and Capacity •4 & 5 Intersection at/near capacity during peak hours (LOS D) •AM Peak Hour •EB queues extend to Carnelian Ln –LOS F for side streets •Carnelian Ln observed cut through to high school •School 30 minute peak window 8:30 am NB Thru/WB Right •School PM Peak Hour •School 30 minute peak window 3:20 pm SB queues past Wagner Way •PM Peak Hour •WB queues extend to 212 off-ramp blocking WB right to EP Road •LOS F for side streets Traffic Volume Forecasts •2040 volume forecasts developed •4 & 5 Intersection LOS E or F Worsening conditions •AM Peak Hour •NB queues extend near 212 interchange •School PM Peak Hour •SB queues extend to Valley View Road •PM Peak Hour •WB queues near Mitchell Road Summary Alternatives Evaluation Criteria •Safety •Traffic Operations •Pedestrian and Bicycle Connectivity •Local Circulation •Property Impacts •Environmental Impacts •Construction Cost/Feasibility •18 initial improvements identified –narrowed to 4 viable options Interchange Considerations •Added capacity •Specific crash types reduced •Pedestrian and bicycle conflicts reduced •Right-of-way needs –major business impacts •Reduced local access leading to new connections/closures •Agency authorization (MnDOT, Hennepin Co, Met Council) •Functional classification change (promotes higher speeds/mobility and reduced access) •Large cost Alternative –1 No Build Alternative –2 SPUI MODIFIED ACCESS MODIFIED ACCESS MODIFIED ACCESS MODIFIED ACCESS Alternative –3 Partial MODIFIED ACCESS MODIFIED ACCESS MODIFIED ACCESS Alternative –4 Peanut MODIFIED ACCESS MODIFIED ACCESS Access Alternatives MnDOT Comment Access Alternatives MnDOT Comment Access Alternatives MnDOT Comment Next Steps •Do Nothing (Planning Document) •Pursue Improvements •Lead Agency? •Seek Funding for Engineering and Environmental Work •Property Owner and Neighborhood Engagement •Seek Funding for ROW and Final Design and Construction •Funding Options •Bonding Bill •Grant Funding Questions? AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, MARCH 07, 2023 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. ACCEPT DONATION FROM CHOICE CONNECTS TO SENIOR CENTER SPECIAL EVENTS (Resolution) V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, FEBRUARY 21, 2023 B. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 21, 2023 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. APPROVE PURCHASE OF INFRARED ILLUMINATORS FROM STEELE INDUSTRIES INC. B. ADOPT THE AMENDED EDEN PRAIRIE CITIZEN PARTICIPATION PLAN FOR THE 2020-2024 EDEN PRAIRIE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CONSOLIDATED PLAN C. SECOND READING OF ORDINANCE FOR PLANNED UNIT DEVELOPMENT DISTRICT REVIEW WITH WAIVERS ON 0.99 ACRES- DAIRY QUEEN D. ADOPT RESOLUTION APPROVING APPLICATION TO THE HENNEPIN COUNTY TRANSIT ORIENTED DEVELOPMENT (TOD) GRANT CITY COUNCIL AGENDA March 07, 2023 Page 2 PROGRAM FOR THE TOWN CENTER – FLYING RED HORSE PUBLIC PLAZA AND GTA TRAIL E. APPROVE DROP OFF DAY MATERIAL DISPOSAL AGREEMENT WITH REPUBLIC SERVICES F. APPROVE COST SHARE AGREEMENT WITH RPBCWD FOR SMITH COFFEE RAIN GARDEN PROJECT G. APPROVE PLANS AND SPECIFICATIONS AND ORDER ADVERTISEMENT FOR BIDS FOR THE PIONEER TRAIL RECONSTRUCTION PROJECT (Resolution) H. ACCEPT PROPOSALS AND APPROVE AGREEMENT WITH RAM BUILDINGS INC. FOR THE MILLER PARK ATHLETIC ASSOCIATION STORAGE BUILDING I. APPROVE LEASE AGREEMENTS FOR THE MILLER PARK ATHLETIC ASSOCIATION STORAGE BUILDING WITH THE EDEN PRAIRIE FOOTBALL, EDEN PRAIRIE BASKETBALL, AND EDEN PRAIRIE SOCCER ASSOCIATIONS J. APPROVE AGREEMENT WITH TREE TRUST FOR MANAGEMENT OF THE ARBOR DAY TREE SALE K. ADOPT RESOLUTION AUTHORIZING STAFF TO SUBMIT A GRANT PROPOSAL TO HENNEPIN YOUTH SPORTS GRANT PROGRAM FOR TWO SETS OF SOCCER GOALS L. ADOPT RESOLUTION AUTHORIZING STAFF TO SUBMIT A GRANT PROPOSAL TO HENNEPIN YOUTH SPORTS GRANT PROGRAM FOR PLAY STRUCTURES M. AWARD CONTRACT TO PALADIN TECHNOLOGIES INC. TO INSTALL CARD ACCESS AND CAMERA SECURITY IN THE ROUND LAKE PARK SHELTER IX. ORDINANCES AND RESOLUTIONS A. EDEN PRAIRIE MULTIFAMILY BY RYAN COMPANIES. RESOLUTION OF DENIAL B. APPROVE FIRST AND SECOND READING OF ORDINANCE AMENDING CITY CODE SECTION 2.23, SUBD. 3, RELATING TO THE MEMBERSHIP RANGE FOR THE HERITAGE PRESERVATION COMMISSION AND THE PARKS, RECREATION, AND NATURAL RESOURCES COMMISSION X. PAYMENT OF CLAIMS CITY COUNCIL AGENDA March 07, 2023 Page 3 XI. PUBLIC HEARINGS / MEETINGS A. ADOPT RESOLUTION APPROVING THE USE OF 2023 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS AS RECOMMENDED BY THE EDEN PRAIRIE HUMAN SERVICES REVIEW COMMITTEE B. SUPERIOR TECH LOADING DOCK ADDITION BY CUSHMAN & WAKEFIELD. RESOLUTION FOR SITE PLAN ON 10.34 ACRES XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS A. 2023 COMMISSIONS B. 2023 COMMISSION CHAIRS & VICE CHAIRS C. 2023 BOARD OF APPEAL AND EQUALIZATION XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT ANNOTATED AGENDA DATE: March 03, 2023 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, March 07, 2023 ___________________________________________________________________________________________ TUESDAY, MARCH 07, 2023 7:00 PM, COUNCIL CHAMBER I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION Open Podium is an opportunity for Eden Prairie residents to address the City Council on issues related to Eden Prairie city government before each Council meeting, typically the first and third Tuesday of each month, from 6:30 to 6:55 p.m. in the Council Chamber. If you wish to speak at Open Podium, please contact the City Manager’s Office at 952.949.8412 by noon of the meeting date with your name, phone number, and subject matter. Open Podium is not recorded or televised. If you have questions about Open Podium, please contact the City Manager’s Office. IV. PROCLAMATIONS / PRESENTATIONS A. ACCEPT DONATION FROM CHOICE CONNECTS TO SENIOR CENTER SPECIAL EVENTS (Resolution) Synopsis: Donations such as this allow the Senior Center to offer special events at low or no cost to residents. This donation is split amongst the following: March Bingo $50 June Bingo $50 Holiday Lunch $100 MOTION: Move to adopt Resolution accepting the donation of $200 from Choice Connections for Senior Center special events. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Move to approve the agenda. VI. MINUTES MOTION: Move to approve the following City Council minutes: A. COUNCIL WORKSHOP HELD TUESDAY, FEBRUARY 21, 2023 ANNOTATED AGENDA March 07, 2023 Page 2 B. CITY COUNCIL MEETING HELD TUESDAY, FABRUARY 21, 2023 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-M on the Consent Calendar. A. APPROVE PURCHASE OF INFRARED ILLUMINATORS FROM STEELE INDUSTRIES INC. B. ADOPT THE AMENDED EDEN PRAIRIE CITIZEN PARTICIPATION PLAN FOR THE 2020-2024 EDEN PRAIRIE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CONSOLIDATED PLAN C. SECOND READING OF ORDINANCE FOR PLANNED UNIT DEVELOPMENT DISTRICT REVIEW WITH WAIVERS ON 0.99 ACRES- DAIRY QUEEN D. ADOPT RESOLUTION APPROVING APPLICATION TO THE HENNEPIN COUNTY TRANSIT ORIENTED DEVELOPMENT (TOD) GRANT PROGRAM FOR THE TOWN CENTER – FLYING RED HORSE PUBLIC PLAZA AND GTA TRAIL E. APPROVE DROP OFF DAY MATERIAL DISPOSAL AGREEMENT WITH REPUBLIC SERVICES F. APPROVE COST SHARE AGREEMENT WITH RPBCWD FOR SMITH COFFEE RAIN GARDEN PROJECT G. APPROVE PLANS AND SPECIFICATIONS AND ORDER ADVERTISEMENT FOR BIDS FOR THE PIONEER TRAIL RECONSTRUCTION PROJECT (Resolution) H. ACCEPT PROPOSALS AND APPROVE AGREEMENT WITH RAM BUILDINGS INC. FOR THE MILLER PARK ATHLETIC ASSOCIATION STORAGE BUILDING I. APPROVE LEASE AGREEMENTS FOR THE MILLER PARK ATHLETIC ASSOCIATION STORAGE BUILDING WITH THE EDEN PRAIRIE FOOTBALL, EDEN PRAIRIE BASKETBALL, AND EDEN PRAIRIE SOCCER ASSOCIATIONS J. APPROVE AGREEMENT WITH TREE TRUST FOR MANAGEMENT OF THE ARBOR DAY TREE SALE K. ADOPT RESOLUTION AUTHORIZING STAFF TO SUBMIT A GRANT PROPOSAL TO HENNEPIN YOUTH SPORTS GRANT PROGRAM FOR ANNOTATED AGENDA March 07, 2023 Page 3 TWO SETS OF SOCCER GOALS L. ADOPT RESOLUTION AUTHORIZING STAFF TO SUBMIT A GRANT PROPOSAL TO HENNEPIN YOUTH SPORTS GRANT PROGRAM FOR PLAY STRUCTURES M. AWARD CONTRACT TO PALADIN TECHNOLOGIES INC. TO INSTALL CARD ACCESS AND CAMERA SECURITY IN THE ROUND LAKE PARK SHELTER IX. ORDINANCES AND RESOLUTIONS A. EDEN PRAIRIE MULTIFAMILY BY RYAN COMPANIES. RESOLUTION OF DENIAL Synopsis: The applicant submitted applications 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 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 applications include Guide Plan Change, PUD Concept Review, PUD District Review with Waivers, Zoning Change, Site Plan, and Preliminary Plat. The City Council held a public hearing on the project on August 16, 2022 and directed staff to prepare findings for denial of the applications. A resolution with findings for denial of the applications and the plans dated August 9, 2022 is attached for the Council’s consideration. MOTION: Move to adopt a Resolution Denying the Applications of Ryan Companies for a Comprehensive Plan Amendment, Planned Unit Development Concept Review, Planned Unit Development District Review with Waivers, Zoning Change, Site Plan, and Preliminary Plat for the Eden Prairie Multifamily Project B. APPROVE FIRST AND SECOND READING OF ORDINANCE AMENDING CITY CODE SECTION 2.23, SUBD. 3, RELATING TO THE MEMBERSHIP RANGE FOR THE HERITAGE PRESERVATION COMMISSION AND THE PARKS, RECREATION, AND NATURAL RESOURCES COMMISSION Synopsis: Currently, the membership of the Heritage Preservation Commission is set at seven members. Adjusting the Heritage Preservation Commission to a range of seven to nine ANNOTATED AGENDA March 07, 2023 Page 4 members, instead of seven members, will provide the City Council with more community engagement and flexibility in making appointments to this Commissions each year. Additionally, the current membership of the Parks, Recreation, and Natural Resources Commission is set at seven to nine members. Adjusting the Parks, Recreation, and Natural Resources Commission to a range of seven to eleven members, instead of seven to nine members, will provide the City Council with more community engagement and flexibility in making appointments to this Commissions each year. MOTION: Move to approve First and second Reading of an Ordinance Amending City Code Section 2.23, Subd. 3, relating to the membership range for the Heritage Preservation Commission and the Parks, Recreation, and Natural Resources Commission. X. PAYMENT OF CLAIMS MOTION: Move approval of Payment of Claims as submitted (Roll Call Vote). XI. PUBLIC HEARINGS / MEETINGS A. ADOPT RESOLUTION APPROVING THE USE OF 2023 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS AS RECOMMENDED BY THE EDEN PRAIRIE HUMAN SERVICES REVIEW COMMITTEE Synopsis: Eden Prairie’s 2023 CDBG allocation has not yet been announced by the U.S. Department of Housing and Urban Development (HUD). In line with recent annual allocation amounts, staff estimates a 2023 allocation of $280,000, and this figure was used by the Human Services Review Committee to make its funding recommendations for 2023. Once the actual allocation amount is received, the Housing Rehabilitation Program will be increased or decreased accordingly. Federal regulations stipulate that Public Service funding may not exceed 15 percent of the City’s total allocation, plus 15 percent of the prior year Program Income received. An additional $80,000 in prior year Program Income will be used for 2023 activities which will bring the total funding amount to $360,000 which includes the maximum public service funding amount of $67,000. Any additional program income received will be used to cover expenses generated in an existing CDBG Program or activity. The Human Services Review Committee reviewed the 2023 CDBG proposals and recommends the following activities be funded. ANNOTATED AGENDA March 07, 2023 Page 5 MOTION: Move to adopt Resolution approving the distribution of 2023 CDBG funds as recommended by the Eden Prairie Human Services Review Committee. B. SUPERIOR TECH LOADING DOCK ADDITION BY CUSHMAN & WAKEFIELD. RESOLUTION FOR SITE PLAN ON 10.34 ACRES Synopsis: The applicant is requesting approval of a minor site plan amendment for 6509 Flying Cloud Drive, which is occupied by a multi-tenant office building known as Superior Tech. The site is located at the intersection of Flying Cloud Drive and Crosstown Circle-across the street from the recently approved Crosstown Core industrial building. The applicant is proposing to add an approximately 450 square foot building addition for a new loading dock on the northeast leg of the main structure. This addition would be similar to an existing loading dock on the southwest leg of the building. This project is accommodating a new tenant, Elucent Medical, that is moving into the space in May 2023. The plans are code compliant and meet standards related to screening, setbacks, and exterior building materials. MOTION: Move to • Close the Public Hearing; and • Adopt a Resolution for a Site Plan Review on 10.34 acres XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS A. 2023 COMMISSIONS Synopsis: The City Council hosted Commission interviews on Tuesday, February 28, 2023. All terms will begin on April 1. A required orientation session for new commissioners will be held in late March. Public Service Activities Funding PROP (Housing Support Services) $30,000 PROP (Emergency Vehicle Repair) $15,000 PROP (Child Care) $4,000 HOME (Household & Outside Maintenance for the Elderly) $18,000 Subtotal $67,000 Housing and Administrative Activities Funding Housing Rehabilitation Deferred Loan Program $131,000 Rehab Grants $10,000 Affordable Housing - WHAHLT $80,000 Affordable Housing – First Time Homebuyer $15,000 Fair Housing Initiative $2,000 Program Administration $55,000 Total $360,000 ANNOTATED AGENDA March 07, 2023 Page 6 MOTION: Move to • Appoint to the Flying Cloud Airport Advisory Commission Daniel Dorson, Vinod Pillai, and Nick Rogers with terms ending March 31, 2026. • Appoint to the Heritage Preservation Commission Rod Fisher, Catherine Lau, Steven Schumacher, and Melanie Willett with terms ending March 31, 2026. • Appoint to the Parks, Recreation & Natural Resources Commission Cecilia Cervantes, Patrice Erickson, Duane Hookom, Annie Klodd, Tom Poul, and Shanti Shah with terms ending March 31, 2026. • Appoint to the Planning Commission Andrew Pieper, Phou Sivilay, and Charles Weber with terms ending March 31, 2026. • Appoint to the Sustainability Commission Michelle Frost, Jim Nehl, and Moussa Ousmane with terms ending March 31, 2026. • Appoint to the Human Rights and Diversity Commission Samuel Griffin with terms ending March 31, 2026. B. 2023 COMMISSION CHAIRS & VICE CHAIRS Synopsis: Chairs and Vice Chairs are appointed annually by the City Council following the appointment of members to City Commissions. The City Council hosted Commission interviews on Tuesday, February 28, and determined Chair and Vice Chair assignments for the period of April 1, 2023, through March 31, 2024. MOTION: Move to • Appoint Daniel Dorson- Chair and Marc Morhack- Vice Chair of the Flying Cloud Airport Advisory Commission • Appoint Rod Fisher- Chair and Paul Thorp- Vice Chair of the Heritage Preservation Commission • Appoint Patrice Erickson- Chair and Tom Poul- Vice Chair of the Parks, Recreation and Natural Resources Commission. • Appoint Andrew Pieper- Chair and Ed Farr-Vice Chair of the Planning Commission • Appoint Aaron Poock- Chair and Cindy Hoffmann- Vice Chair of the Sustainability Commission • Appoint Gregory Leeper- Chair and Shahram Missaghi- Vice Chair of the Human Rights and Diversity Commission C. 2023 BOARD OF APPEAL AND EQUALIZATION ANNOTATED AGENDA March 07, 2023 Page 7 Synopsis: The proposed members for Council approval are Eden Prairie residents and experienced real estate and valuation professionals with extensive knowledge of the Southwest metro market. • Lyndon Moquist, Resident Real Estate Broker is experienced in the sale of residential properties in the southwest metro market and manages the Eden Prairie office of Edina Realty. • Nate Thompson, Resident Real Estate Salesperson is experienced in the sale of residential properties in the southwest metro market. • Steve Tessman, Certified Residential Resident Appraiser is experienced in the valuation of residential properties in the southwest metro market. • Mark Hoffman, Certified Residential Resident Appraiser is experienced in the valuation of residential properties in the southwest metro market. • Scott Werdal, Certified General Resident Appraiser is experienced in the valuation of residential and multi-family properties in the southwest metro market. MOTION: Move to appoint to the Board of Appeal and Equalization Lyndon Moquist, Nate Thompson, Steve Tessman, Mark Hoffman, and Scott Werdal for the period of March 7, 2023 through May 31, 2023, or until the Board of Appeal and Equalization completes its work. XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. CITY COUNCIL AGENDA SECTION: Proclamations and Presentations DATE: March 7, 2023 DEPARTMENT / DIVISION: Jay Lotthammer, Director, Parks and Recreation ITEM DESCRIPTION: Donation from Choice Connects to Senior Center Special Events ITEM NO.: IV.A. Requested Action Move to: Adopt Resolution accepting the donation of $200 from Choice Connections for Senior Center special events. Synopsis Donations such as this allow the Senior Center to offer special events at low or no cost to residents. This donation is split amongst the following: March Bingo $50 June Bingo $50 Holiday Lunch $100 Background The Eden Prairie Senior Center, when fully operational, generates several hundred visits per week for drop-in programs, enrichment classes, fitness opportunities and social events. Prior to the pandemic, participation had shown significant annual growth and the community’s use of this resource is expected to continue to increase in the coming years. The mission of the Eden Prairie Senior Center is to provide for social, recreational, educational, psychological, and physical needs; enhance the visibility of older adults; and promote their participation in all aspects of community life. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2023-___ RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City of $200 to be used towards various Senior Center special events from the Senior Asset is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 7th day of March, 2023. ___________________________ Ronald A. Case, Mayor ATTEST: ___________________________ Nicole Tingley, City Clerk UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, FEBRUARY 21, 2023 CITY CENTER 5:00 – 6:25 PM, HERITAGE ROOMS 6:30 – 7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Ron Case, Council Members Kathy Nelson, Mark Freiberg, PG Narayanan, and Lisa Toomey CITY STAFF: City Manager Rick Getschow, Police Chief Matt Sackett, Fire Chief Scott Gerber, Public Works Director Robert Ellis, Community Development Director Julie Klima, Parks and Recreation Director Jay Lotthammer, Administrative Services/HR Director Alecia Rose, Communications Manager Joyce Lorenz, City Attorney Maggie Neuville, and Recorder Kelsey Engelen Workshop - Heritage Rooms I and II (5:30) A. HOUSING OVERVIEW Jonathan Stanley, Housing and Community Services Manager for the City of Eden Prairie, began his presentation by explaining why it is important for government to get involved in affordable housing. Stanley first stated that this need service is one that is not otherwise provided by the private market without government intervention, particularly when one considers the broad income spectrum which involves a variety of needs and preferences relating to housing. Stanley then discussed the relationship between government and private market in which developers receive government financing in return for providing a guarantee of affordability and quality for a specified length of time. Continuing with the overview of affordable housing, Stanley discussed the negative implications of the term and the stereotypes, often related to race and ethnicity, welfare, or laziness, which have been entrenched in affordable housing. Stanley specifically pointed out the mis-informed notion that it is synonymous with Section 8, and clarified that affordable housing includes but is not limited to Public Housing or Section 8 which are distinct programs. He also clarified that the term ‘subsidized’ housing means there are federal, state, or local funds contributing to a development’s affordability. Stanley explained that housing is considered affordable when a household pays no more than 30% of their income toward rent or a mortgage payment. Households paying more than 30% are considered “cost burdened”, and those paying more than 50% are considered “extremely cost burdened”. However, Stanley pointed out that there is a huge difference between a household paying 30% that earns $30,000 and one that earns $150,000. Because of this key difference, affordable housing practitioners concern themselves almost exclusively with households that are considered low- or moderate-income. City Council Workshop Minutes January 7, 2020 Page 2 As defined by the U.S. Department of Housing and Urban Development (HUD), low-income is a household earning 80% or less than the Average Median Income (AMI); very low- income earning 50% or less of the AMI; extremely low-income earning 30% or less of the AMI; and moderate income earning 80%-120% of the AMI. Stanley displayed graphics of tables which express how household income, factoring in household size, converts into rent costs for affordable housing. The figures are updated annually by HUD and published by the Minnesota Housing Finance Agency (MHFA). Stanley went on to discuss several agencies who run affordable housing programs and distribute funds. Starting with HUD, Stanley explained that the federal agency administers or provides money for Housing Choice Vouchers, “Project-Based” Section 8, Community Development Block Grants (CDBG), Emergency Shelter Grants, Public and Indian Housing, and many smaller programs. HUD also loosely oversees the Low-Income Housing Tax Credit (LIHTC) which is an IRS program. Next, Stanley delved into the roles of MHFA. He explained that this state agency allocates LIHTCs; receives state appropriations for development and rehab; buys thousands of first- time homebuyer loans annually; conducts the MF and SF Coordinated or “Super RFP” that distributes $150M-200M; monitors and oversees ta huge portfolio of HUD-funded properties; and advocates for housing-friendly statutes. The Metropolitan Council provides Grants to Cities who participate in the Livable Communities Act Programs, runs HCV for most of the region, and sets the “Regional Allocation of Affordable Housing Need”. Eden Prairie’s Fair Share is 1,408 affordable units by 2030. Stanley bluntly stated that this figure is impossible given the resources available but indicated that the City does the best they can to get work toward that goal. Stanley then broke down regional roles of Hennepin County and City of Eden Prairie. Hennepin County administers and distributes CDBG County-wide and the Affordable Housing Incentive Fund (AHIF). The county also oversees the Continuum of Care, which is for long-term homelessness and receives special program funds on a formula basis. Eden Prairie provides Tax Increment Financing (TIF), uses its own CDBG allocation and Pooled TIF to fund SF Rehab and First-Time Homebuyer programs. The City has provided grants for Rental Assistance and is able to issue Housing Revenue Bonds to support developments. Mayor Ron Case asked about the out-of-state firms which buy up single-family homes. Discussion ensued about the presence of absentee landlords in affordable housing and the struggle that some tenants have in addressing issues or need for repairs due to an inability to get in touch with their landlords. City Council Workshop Minutes January 7, 2020 Page 3 Councilmember Kathy Nelson inquired about requirements of regular and scheduled inspections of rental units with concerns regarding safety and livability of affordable housing units. Fire Chief Scott Gerber and City Manager Rick Getschow confirmed that units are subject to inspections in which all important safety points within the rental are checked to ensure safety requirements are met. City Attorney Maggie Neuville added that landlords are also required to have local management who can be contacted and who can physically be there to assess issues when needed. Stanley moved on to provide a brief introduction to various programs. Public Housing is funded by HUD but run by local Public Housing Agencies (PHAs). Eden Prairie does not have a PHA but has a small portfolio of SF public housing units overseen by Metropolitan Council. About 1.2 million people nationwide live in this housing which is considered last resort. Housing Choice Voucher or Section 8 Voucher is the largest single affordable program and is funded by HUD. The voucher is given to low-income households who then place the voucher with participating landlords. The program is optional for landlords and tends to have huge waitlists. Project-Based Section 8 differs from the Voucher program in that the subsidy is tied to the property and unit such that any eligible low-income family can apply to the building. Eden Prairie has three of these where HUD provides 70% rental assistance: Edendale, Briar Hill and Prairie Meadows. Stanley continued by breaking down Low-Income Housing Tax Credit (LIHTC). Stanley explained that when MHFA awards tax credits, they go to the developer, but it does not have sufficient tax liabilities to realize full value. Instead of using it, it sells the credits to investors who provide the funds the developer needs to build the project now rather than realizing tax credits over time. Community Development Block Grants (CDBG) are typically used for single-family rehab and first-time homebuyer loans because of strict rules and income limits. Stanley pointed out that it is not the most useful tool for housing as it cannot be used for new construction. Tax Increment Financing captures the newly created tax revenue, or incremental tax revenue, generated by a new development. TIF districts can be just a single building’s boundary or an area. It must pass a ‘but for’ test that says the development would not have been feasible ‘but for’ the City subsidy. Recent examples in Eden Prairie include The Ellie and Greco/Golden Triangle Housing. Stanley stated that different programs are intended for and geared toward different AMI levels, all based on the assumption that a given household pays no more than 30% of income City Council Workshop Minutes January 7, 2020 Page 4 toward housing. Stanley also explained that different programs have different rules and affordability terms. Stanley moved on to provide a closer look at Eden Prairie, starting by looking at permitting ups and downs over time for new housing units. In the early 2000s a lot of building occurred but dropped off during the recession; building has been on the upswing with considerable progress in the last five years, though the types of units have shifted away from single-family units due to overall land development. A breakdown of Eden Prairie housing types showed that 53% is made up of single family detached homes; 27% is multifamily; 19% is townhomes, single family attached; and 1% is duplex, triplex, and quad housing. Looking at American Community Survey data, Stanley discussed the cost burden problem in Eden Prairie, explaining that 14% of homeowners and 40% of renters are experiencing cost burden meaning that they are paying more than 30% of their income on housing. Stanley presented the available rental stock by income and expressed the particular need for increase in the share of affordable rental units for the less than $35,000 income group. Stanley discussed the Housing Task Force commissioned by Eden Prairie, and the successful actions taken. First, Stanley explained the Inclusionary Housing Ordinance which results in around 25% affordability and requires affordability in most multifamily developments receiving City subsidy, or needing a Comprehensive Plan change or Planned Urban Development (PUD). The Housing Task Force created an Affordable Housing Trust Fund which is a flexible account exclusively for affordable housing activities and has a potential for State match of funds. Stanley also pointed out the attention on preservation of Naturally Occurring Affordable Housing (NOAH), and the Action Plan that is in progress to attempt to maintain this housing in Eden Prairie. Stanley broke down the main local funding tools and budget for various programs including Transit-Oriented Development, NOAH Preservation, CDBG, TIF, and Community Land Trust (CLT). Wrapping up, Stanley discussed Eden Prairie’s progress toward reaching 1,408—the city’s Fair Share of Affordable Housing. Breaking down the affordable units in the city’s multi- family housing projects, Stanley presented the difficult task ahead of them to attempt to meet the goal by 2030. From the last ten or so projects, 19% are affordable units overall. Councilmember Narayanan brought up the difficult financial issues that can arise from individuals ‘graduating’ from affordable housing, and the inherent complications for individuals unable to ever ‘graduate’ from the need for affordable housing. City Council Workshop Minutes January 7, 2020 Page 5 Mayor Case brought up the implications for the city and its residents of meeting or not meeting the 2030 goal. Discussion ensued around options for progressing toward the 2030 affordable housing goal. Open Podium - Council Chamber (6:30) I. OPEN PODIUM III. ADJOURNMENT UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, FEBRUARY 21, 2023 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, and City Attorney Maggie Neuville I. CALL THE MEETING TO ORDER Mayor Case called the meeting to order at 7:00 PM. All Council Members were present. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS / PRESENTATIONS A. BLACK HISTORY MONTH WORDS IN ACTION CONTEST WINNERS Getschow stated a number of youth submitted entries for the Words in Action Contest. The program was guided by the Human Rights and Diversity Commission (HRDC). HRDC Commissioner Babar Khan summarized the contest and explained applicants were encouraged to select a quote by an influential figure in the Black American civil rights movement and respond with a written or visual work. He thanked commissioners, community donors, City Staff, and the school district for their support. Mr. Khan thanked the youth for the valuable submissions. HRDC Student Commissioner Hina Kazama announced Itisha Budamagunta, 3rd grader from Eagle Ridge Academy, as one of the winners. Ms. Budamagunta introduced herself and shared her artwork based on a quote by Martin Luther King Jr. The drawing included a caged bird, based on the work of Maya Angelou. She suggested a buddy homework program where students could work together to learn, particularly when a student may not have help with schoolwork at home. Case noted Ms. Budamagunta was very well-spoken and created an CITY COUNCIL MINUTES February 21, 2023 Page 2 amazing work of art. HRDC Student Commissioner Morgan Cook announced another winner, Sonakshi Dwivedi. Her video with images and a quote by James Baldwin was shown. She explained how her life relates to the quote and read a poem she wrote. Case stated the Council was very impressed with her submission. HRDC Commissioner Babar Khan announced Harshini Tammineedi as a high school contest winner. Ms. Tammineedi showed her painting and explained how it relates to a quote by Frederick Douglass. She explained how racism and inequality are holding people back, and we can’t proceed if changes are not made. Case noted the painting was impressive. HRDC Philip Skeie announced Abdihakim Abdullahi as the final contest winner. He noted Mr. Abdullahi was not in attendance, but Mr. Skeie read the written submission. Case agreed the submission was impressive. HRDC Staff Liaison Megan Yerks recognized the Eden Lake’s Ms. Villavicencio’s 1st grade classroom and Ms. Hasch’s 4th grade classroom as honorable mentions. Ms. Villavicencio pulled together multiple classrooms to create a unique submission. Ms. Villavicencio thanked the Council for recognizing their submission. The 1st and 4th grade buddies met and shared what a Martin Luther King Jr. quote meant to them. The buddies created a poster together, and the posters are posted throughout the halls of Eden Lake Elementary School. She thanked the contest committee for their efforts. Fatima, 1st grader at Eden Lake Elementary School, explained her poster shows how she has the option to be safe, responsible, and kind. She stated she learned about many influential Black leaders, and she looks forward to learning more. Case thanked Ms. Villavicencio for her efforts and passion as a teacher. He noted how influential teachers are on future generations. B. I-494 COMMISSION AND COMMUTER SERVICES UPDATE Getschow introduced the item and invited Melissa Madison, Executive Director of the I-494 Corridor Commission, to continue the presentation. Melissa Madison, Executive Director of the I-494 Corridor Commission, thanked the Council for their time and consideration. Ms. Madison shared a PowerPoint on strategies for reducing traffic congestion and improving transportation options. She pointed out the Commission was formed in 1986 by cities who wished to work together on projects to reduce traffic congestion and improve transportation options. She noted there are CITY COUNCIL MINUTES February 21, 2023 Page 3 more jobs on the corridor than in Downtown St. Paul and Minneapolis combined. Ms. Madison stated the Commission completed a study on commuter behavior. 95 percent of commuters drive alone, but 30 percent of commuters expressed interest in carpooling options. Kate Meredith, representative of the I-494 Corridor Commission, noted there are a number of resources for employers to help employees to commute sustainably such as displays, free bike racks, preferential carpool parking, commuter fairs, lunch and learns, telework/hybrid resources, and construction updates. She added they have helped 331 employers with telework and hybrid work resources in the past year. Ms. Meredith highlighted four companies in Eden Prairie that have accessed sustainable transportation resources. Optum Campus offers a metropass to employees, offers preferential parking for carpoolers, provides lockers for employees who regularly bike or walk to work, provides cover bike racks and shower facilities, and holds an annual Bike to Work Day celebration with onsite bicycle tune-ups. Ms. Meredith stated Starkey subsidizes 25 percent of the monthly expenses for each employee that vanpools to work regularly, provides a monthly incentive to bikers, offers bike racks and shower facilities, and hosts an annual celebration for bike commuters. Ms. Meredith shared Emerson hosts an annual Alternative Commuting Seminar, has a cycling club, sponsors a Bike to Work Week, and provides bike racks, lockers, and shower facilities. She added Windslow Plaza provides preferential carpool parking, hosts a display of commuting resources, and holds commuter firs twice per year. Ms. Meredith explained there are a number of individualized commute assistance through the commute concierge such as ride matching, customized transition information, bike commuting resources, a guaranteed ride home program, and telework resources. Ms. Madison stated their programming has promoted 5,774 alone commuters to switch to using a sustainable commute mode for three or more days per week through new transit riders, new carpoolers, new bicycle commuters, new teleworkers, and new vanpoolers. Ultimately, that means 56 million vehicle miles were avoided, which is 23.234 metric tons of CO2 emissions saved. It would take over one million mature trees to reduce the same amount of CO2 emissions. Eden Prairie residents and businesses are welcome to use any of the programming previously mentioned. CITY COUNCIL MINUTES February 21, 2023 Page 4 Ms. Madison added a new program sells bulk transit passes to multifamily owners and operators. They have reached out to 568 multi-family living locations with program information and the passes are available to their tenants for $14 per month. Toomey thanked the presenters for the work they do. Narayanan asked if the Commission works with Southwest Transit. Ms. Madison stated they work with Southwest Transit regularly. Narayanan asked for them to share input on how Southwest Transit can improve. Case asked if the new bulk transit passes are only for Metro Transit. Ms. Madison explained it includes Southwest Transit. C. ACCEPT DONATION FROM WALL TRENDS TOWARD THE HOMETOWN CELEBRATION (Resolution 2023-29) Lotthammer explained this item is to accept a donation for activities and fireworks for the July 3rd and 4th Hometown Celebration. MOTION: Toomey moved, seconded by Freiberg, to adopt Resolution No. 2023-29 accepting the donation in the amount of $300 from Wall Trends to the Hometown Celebration. Motion carried 5-0. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Nelson moved, seconded by Narayanan to approve the agenda as published. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, FEBRUARY 7, 2023 B. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 7, 2023 MOTION: Narayanan moved, seconded by Freiberg, to approve the minutes of the Council workshop held Tuesday, February 7, 2023, and the City Council meeting held Tuesday, February 7, 2023, as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK’S LIST B. APPROVE CONTRACT FOR GOODS AND SERVICES WITH AUDIO CITY COUNCIL MINUTES February 21, 2023 Page 5 LOGIC SYSTEMS FOR STARING LAKE AMPHITHEATER UPGRADE C. AWARD CONTRACT FOR SMITH COFFEE RAIN GARDEN PROJECT TO MINNESOTA NATIVE LANDSCAPES INC. D. APPROVE PURCHASE OF CRACK SEALANT MATERIAL FROM MIDSTATES EQUIPMENT AND SUPPLY E. AUTHORIZE PURCHASE OF A NEW 2023 FREIGHTLINER SD108 CAB AND CHASSIS WITH DUMP BODY AND PLOW EQUIPMENT F. AUTHORIZE PURCHASE OF A 2023 DODGE DURANGO POLICE VEHICLE G. APPROVE JOINT POWERS AGREEMENT AND TEMPORARY AND PERMANENT EASEMENTS WITH THE METROPOLITAN AIRPORTS COMMISSION (MAC) FOR PIONEER TRAIL IMPROVEMENTS H. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH STANTEC CONSULTING SERVICES INC. FOR POND 07-24-B WEIR DESIGN I. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF CONSULTING GROUP, INC. FOR THE RAINBOW DRIVE CULVERT REPLACEMENT MOTION: Freiberg moved, seconded by Narayanan to approve Items A-I on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS / MEETINGS X. PAYMENT OF CLAIMS MOTION: Toomey moved, seconded by Nelson to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey and Case voting “aye.” XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS CITY COUNCIL MINUTES February 21, 2023 Page 6 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 Getschow noted there are City Advisory Commission interviews on February 28, 2023. The Council interviews potential Commissioners. XVI. ADJOURNMENT MOTION: Narayanan moved, seconded by Nelson to adjourn the meeting. Motion carried 5-0. Mayor Case adjourned the meeting at 7:57 p.m. Respectfully submitted, ________________________ Nicole Tingley, City Clerk CITY COUNCIL AGENDA SECTION: Consent Calendar DATE March 7, 2023 DEPARTMENT / DIVISION Chief Matt Sackett Police Department ITEM DESCRIPTION Approve Purchase of Infrared Illuminators from Steele Industries, Inc. ITEM NO. VIII.A. Requested Action Move to: Approve Contract with Steele Industries, Inc. for the purchase of infrared illuminators in the amount of $37,000. Synopsis The Eden Prairie Police Department would like to purchase 11 Weapon Mounted Infrared Illuminators to be used by Eden Prairie SWAT Members. The purchase of the illuminators will allow for safer operations in no light / low light conditions. The Police Department obtained the following quotes for the purchase, and recommends acceptance of the lowest quote from Steele Industries, Inc.: Steele Industries: $3,360 per unit, total $37,000 TNVC, Inc.: $3,599 per unit, total $39,589 Background In 2019 the Eden Prairie Police Department identified the need for new night vision devices due to past incidents where no light low / light operations were critical to safety to civilians, officers, and offenders. A weapon mounted illuminator plays an important part in a night vision system allowing officers to communicate in no light and low light conditions. This new technology would allow the Eden Prairie Police Department to continue teaching and developing operations with neighboring consortium agencies in no light / low light situations further ensuring individual safety and safer incident outcomes across departments. Currently Eden Prairie Officers are using surplus government equipment that has become unreliable and is past the end of its operational life cycle. This purchase would allow officers to use dependable modern technology that will be department owned. Funding will come from the 2023 CIP. Attachments Contract for Goods and Services Steele Industries Quote (Exhibit A) Contract for Goods and Services This Contract (“Contract”) is made on the 7th day of March, 2023, between the City of Eden Prairie, Minnesota (hereinafter “City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Steele Industries, Inc., a Florida corporation (hereinafter “Vendor”) whose business address is 10510 Portal Crossing, Suite 101, Bradenton, FL 34211. 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 by Vendor for weapon-mounted infrared illuminators 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 that are contrary to or inconsistent with the terms of this Contract are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Term of Contract. All Work under this Contract shall be provided, performed and/or completed by August 1, 2023. 3. Compensation for Services. City agrees to pay the Vendor a fixed sum of $37,000.00 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. 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 for bodily injury, death, or property damage which may arise from the performance of Vendor’s services under this Contract. Standard Purchasing Contract 2017 06 01 Page 2 of 6 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.) 6. 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. 7. 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. 8. 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. 9. 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. 10. 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. 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. Standard Purchasing Contract 2017 06 01 Page 3 of 6 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 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. Standard Purchasing Contract 2017 06 01 Page 4 of 6 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. Pursuant to Minn. Stat. § 16C.05, subd. 5, 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 Practices 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. Standard Purchasing Contract 2017 06 01 Page 5 of 6 CITY OF EDEN PRAIRIE __________________________________ Ronald A. Case Mayor ___________________________________ Rick Getschow City Manager VENDOR STEELE INDUSTRIES, INC. By: ________________________________ Its: _______________________________ 7 2/28/2023 Chief Operating Officer Standard Purchasing Contract 2017 06 01 Page 6 of 6 EXHIBIT A Quote Steele Industries Inc 10510 Portal Crossing Suite 101 Bradenton, Florida 34211 Quote 1105 Customer Ron Henke rhenke@edenprairie.org Steele Point Of Contact Duncan Greene duncan@steeleindinc.com 1-800-674-7302 Ext 11 This quotation is valid for thirty (30) days from the Issue Date unless otherwise stated. Any resulting order is subject to credit approval. Submitting an order against this quotation implies acceptance of Steele Industries Inc General Conditions of Sale unless otherwise stated. End Use Country: United States Shipping Method: BEST WAY Terms & Conditions: Night Vision Std Origin: DROP SHIP Payment Terms: Net 30 Lead Time: 120 DAYS ARO S.No.Product Details Quantity List Price Total 1.B.E. Meyers MAWL -DA BLK 11 $ 3,360.00 $ 36,960.00 Sub Total $ 36,960.00 Shipping Total $ 40.00 Grand Total $ 37,000.00 Terms and Conditions Payment: Price is reflective a wire transfer or mailed check. PayPal & Card transactions add a 3% processing fee. NOTICE: Due to the fluid circumstances surrounding the COVID-19 virus, our lead times are subject to change throughout the bid and order process. Thank you for your understanding. Buyer hereby acknowledges receipt of notice that some or all of the products, information, data, or other material purchased under this quotation is controlled by the U. S. Government International Traffic in Arms (ITAR) Regulations, 22 CFR Sections 120 – 130, or the Export Administration Regulations (EAR), 15 CFR sections 768 - 799. Accordingly, buyer shall not disclose, provide or export such product or information to any non-U.S. person or entity, whether within the U.S. or abroad, without obtaining appropriate export authorization in advance. Buyer acknowledges awareness that intentional violation of such export requirements may constitute a crime. CITY COUNCIL AGENDA SECTION: Consent DATE: March 7, 2023, DEPARTMENT/DIVISION: Julie Klima, Community Development Director; Jeanne Karschnia, Housing Services Coordinator ITEM DESCRIPTION: Adopt amended Eden Prairie Community Development Block Grant (CDBG) Citizen Participation Plan ITEM NO.: VIII.B. Requested Action Move to: Adopt the amended Eden Prairie Citizen Participation Plan for the 2020-2024 Eden Prairie CDBG Consolidated Plan. Synopsis The Eden Prairie City Council adopted the current Citizen Participation Plan on July 12, 2022, per Resolution 2022-84. The current Citizen Participation Plan follows Hennepin County’s plan and no longer meets the needs of Eden Prairie. Adopting this amended plan will allow Eden Prairie greater flexibility with making changes to its current CDBG program as it deems necessary in assisting low- and moderate-income residents. Specifically, it will allow certain minor program adjustments to be considered revisions to the plan rather than substantial amendments. Background Information The City of Eden Prairie, an entitlement community under the CDBG Program, participates as a member of the Hennepin County Consortium for federal CDBG and HOME funds. The consortium submitted a five-year Consolidated Plan to the U.S. Department of Housing and Urban Development (HUD) in 2020 that states that Eden Prairie will follow Hennepin County’s Citizen Participation Plan. Eden Prairie, in consultation with the local HUD field office, determined the current plan does not meet residents’ needs due to the city’s lower allocation amount and more modest program activities compared to Hennepin County. As this change does not alter the purpose or intended beneficiaries of the Consolidated Plan Priority Needs or Goals, this change itself constitutes a minor amendment as it only alters the Citizen Participation Plan that was Appendix B to the 2020-2024 Consolidated Plan. Attachments • Citizen Participation Plan Amendment • Eden Prairie Citizen Participation Plan City of Eden Prairie 2020-2024 Consolidated Plan Amendment Item Description: Amend the Eden Prairie 2020-2024 Consolidated Plan to adopt the amended Citizen Participation Plan. Current Request: This request is for approval of the amended Citizen Participation Plan as part of Eden Prairie’s 2020-2024 Consolidated Plan. History: The Eden Prairie City Council adopted the current Citizen Participation Plan on July 12, 2022, per Resolution 2022-84. The current Citizen Participation Plan follows Hennepin County’s plan and no longer meets the needs of Eden Prairie. The Five-Year Plan defines a minor amendment to a previously approved Plan as any action that does not alter the purpose or intended beneficiaries of the Consolidated Plan nor its Priority Needs or Goals. As such, this change constitutes a minor amendment as it alters only the Citizen Participation Plan that was Appendix B to the 2020-2024 Consolidated Plan. The City published notice in the Sun Sailor newspaper on February 2, 2023 for a 30-day public comment period running from February 3, 2023 to March 6, 2023. Impact/Outcomes: The amended Citizen Participation Plan will allow Eden Prairie greater flexibility with making changes to its current CDBG program as it deems necessary to assist low- and moderate-income residents. Citizen Participation Plan for Consolidated Plan 2020-2024 City of Eden Prairie The Citizen Participation Plan Encouragement of citizen participation. The citizen participation plan must provide for and encourage citizens to participate in the development of the Consolidated Plan, the Annual Action Plan and the Annual Performance Report. This plan is designed to encourage participation by low and moderate income persons and by residents of predominantly low and moderate income neighborhoods. It sets forth the process to be followed for the development and evaluation of programs and activities covered in the five-year Consolidated Plan and Annual Action Plans. Amendments to the 2020-2024 Consolidated Plan or Annual Action Plan The Citizen Participation Plan requires the City of Eden Prairie to identify the criteria it will use for determining what constitutes a substantial amendment to the Consolidated Plan and/or Annual Action Plans. The City shall amend its approved plan whenever it makes one of the following decisions: • An activity included in a consolidated plan or annual action plan is canceled; • An activity not previously included in a consolidated plan or annual action plan is added; • An activity’s budget is increased or decreased by $30,000.00 or more at one time; • The location and/or national objective of an activity changes; or • The allocation priorities within a Consortium member’s jurisdiction change. Notices announcing the requested substantial amendment and the start of a thirty (30) day public comment period will appear in one or more newspapers of general circulation. After the comment period, the requested change goes before the appropriate governing body for approval. Changes that occur that do not meet the above definition are considered administrative in nature and do not go through the substantial amendment process. These changes are made internally and appear as revisions in the CAPER at the end of the program year. CDBG Entitlement Cities: As of January 2020, these are Bloomington, Eden Prairie, and Plymouth. Amendments must be approved by their respective council or a body that has been delegated responsibilities relevant to the CDBG program. CDBG Urban County direct allocation cities: Amendments must be approved by the direct allocation city council and the Hennepin County Board. CDBG Consolidated Pool cities: Amendments will be approved by the County Board. HOME Consortium: Amendments will be approved by the County Board. Hennepin County will be the final arbiter of matters relating to the amendment process for CDBG, HOME and ESG funds (except CDBG funds received directly from HUD by Bloomington, Eden Prairie, and Plymouth). Access to Information Plan records and information, consistent with state and local laws regarding personal privacy and obligations of confidentiality, are available for citizen review at Hennepin County Community Works Department, 701 Fourth Avenue S, Suite 400, Minneapolis, Minnesota 55415. The office may be reached by phone at 612-348-9260 during normal business hours. 2020-2024 Consolidated Plan (ConPlan): The proposed Consolidated Plan and the Annual Action Plan will be made available to the public for comment for at least 30 days and a public hearing will be held before the Eden Prairie City Council before it is approved. Annual Action Plan (AAP) The proposed Annual Action Plan will be made available to the public for comment for at least 30 days and a public hearing will be held before the Eden Prairie City Council before it is approved. These will run concurrent to the ConPlan period, in the first year of a new Five-year plan. Annual Performance Report: The Consolidated Annual Performance and Evaluation Report (CAPER), , will be made available to the public for at least 15 days and a public hearing will be held before the Eden Prairie City Council before it is submitted to HUD. During Public Comment Periods: During public comment periods, one copy of the applicable DRAFT document will be available per requesting agency. Printed copies of the DRAFT documents will also be available at Eden Prairie City Center and Hennepin County regional libraries (Southdale, Ridgedale and Brookdale). All of these sites are accessible for person with mobility impairments. In addition, at a minimum, the executive summary of the DRAFT documents will also be available on the Eden Prairie website, www.edenprairie.org and the Hennepin County website at www.hennepin.us. Access to this website is available to those without computers at any Hennepin County library. Library staff is able to assist those without computer experience. Hennepin County will make reasonable accommodation to provide relevant documents for review in accessible formats upon request. Information will also be made available through translation or interpretation in Spanish, Somali, Hmong, Russian, Laotian, Vietnamese, Cambodian, Oromiffa and Arabic, consistent with federal requirements and the Hennepin County Limited English Proficiency (LEP) Plan. DRAFT Documents include: • Proposed Consolidated Plan • Proposed Annual Action Plan • Consolidated Annual Performance and Evaluation Report (CAPER). Public Hearings Public hearings will be held to hear citizens’ views about housing and community development needs, proposed use of CDBG, HOME and ESG funds, and progress in meeting identified goals and objectives. Hearings will be held in places accessible to persons with disabilities and appropriate accommodations will be made to meet the needs of non-English speaking attendees. The purpose of the public hearings will be to: • Hear views of citizens, public agencies and other interested parties. • Respond to proposals and comments at all stages of the consolidated submission process. • Identify housing and community development needs. • Review proposed use of funds. • Review program performance. A minimum of two hearings for each annual program cycle will be held at different times during the Program Year (PY). The Program Year starts July 1st of each year and ends June 30th of the following year. Hennepin County Board of Commissioners will hold one hearing prior to approval of the Consolidated Plan and/or the Annual Action Plan, and one hearing will be held prior to the submission of the Consolidated Annual Performance and Evaluation Report (CAPER) to HUD. Typically, the public hearing on the Annual Action Plan will occur in May preceding the new program year, and the public hearing on the CAPER will occur in September following the end of the program year. The hearings will be held at times and locations convenient to potential and actual beneficiaries of each program covered within the Consolidated Plan. The location will usually be the Hennepin County Board Room at the Hennepin County Government Center. To give adequate notice of public hearings, Hennepin County will publish notices detailing the purpose of the hearings, at least 10 working days in advance of any public hearing. Information about public hearings can also be accessed by calling 612- 348-9260 or 612-596-6985 (TTD/TTY) or the county website at www.hennepin.us. In addition to public hearings conducted by the County Board, Eden Prairie will hold a public hearing prior to the identification of projects for CDBG funding. These public hearings will take place before proposed projects are submitted to Hennepin County for inclusion in the Annual Action Plan. To give adequate notice of public hearings, Eden Prairie will publish a notice detailing the purpose of the hearings in their official newspaper, at least 10 working days in advance of any public hearing. Additional Documentation Information about the proposed projects within the Consolidated Plan and Annual Action Plans will be available to the public upon request. This includes, but is not limited to: • The level of annual funding. • The range of projects that may be undertaken and the objectives to be met. • The amount of assistance that will benefit very low- and low-income persons. • Plans to minimize displacement and explain the assistance available to those displaced. • The annual program development schedule and procedure. • Copies of the regulations and issuances governing the program. • Documents regarding other important program requirements, such as contracting procedures, environmental reviews, fair housing, and other equal opportunity requirements and relocation provisions. • All key documents, including prior applications, grant agreements, the citizen participation process, performance reports, other reports required by HUD and the proposed application for the current year. • Record of hearings. • All mailings and promotional materials. • Documentation of funding awards and the selection process. Comments Hennepin County and Eden Prairie will consider the comments and views received in writing during the comment period or verbally at public hearings. Summaries of all comments and responses will be attached to the final Consolidated Plan, Annual Action Plan or CAPER. Technical Assistance Technical assistance will be provided to any group, representing very low and low- income persons, that wants to develop funding proposals for any of the programs covered by the Consolidated Plan. The level and type of assistance may vary and will be determined by Hennepin County and/or as applicable the specific cooperating community. Representatives from Hennepin County, the U.S. Department of Housing and Urban Development, or other involved public agencies will provide the necessary assistance and expertise. To receive technical assistance, contact Hennepin County, Community Works, Housing Development Manager at 612-543-4342. Complaints Complaints pertaining to the plans and documents identified in the Citizen Participation Plan, written and verbal, will be responded to within 15 working days. When a written complaint is directed toward a specific cooperating community, Hennepin County and the affected community will provide a written response within 15 working days. CITY COUNCIL AGENDA SECTION: Consent DATE: 03/07/2023 DEPARTMENT/DIVISION: Community Development/Planning Julie Klima/Beth Novak-Krebs ITEM DESCRIPTION: Dairy Queen Parking Lot Improvements ITEM NO.: VIII.C. Requested Action Move to: • Approve the 2nd reading of an Ordinance for an Amendment of a PUD District with waivers on 0.99 acres • Adopt a Resolution for an Amendment of an Approved Site Plan on 0.99 acres • Approve the First Amendment to the Development Agreement Synopsis This is the final reading for the Dairy Queen project. The applicant is requesting approval to make some parking lot improvements to redirect drive-thru traffic and reduce on site traffic congestion for both dine-in and drive-thru customers. The 0.99-acre property is located at 16340 Terry Pine Drive. The improvements to the parking lot are intended to separate the drive-thru traffic from the dine-in traffic to the greatest extent possible. The proposed improvements include a separate drive-thru lane along the west side of the parking lot closest to Eden Prairie Road. This would be dedicated to drive-thru traffic only. The dine-in parking would be restriped to angled parking with one-way traffic for dine-in customer. The applicant is not proposing any changes to the building, access, or utilities. Background Th applicant is requesting a waiver to the Shoreland Code. The property is located within a Shoreland area and City Code allows a maximum impervious surface of 30%. The site currently has an impervious surface of 60%. The waiver would allow an impervious coverage of 59% for the proposed development. The 120-day review period expires on 3/15/2023. Attachments 1. Ordinance for PUD 2. Ordinance Summary 3. Resolution for Site Plan 4. First Amendment to Development Agreement DAIRY QUEEN CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2023-PUD-_-2023 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 Neighborhood Commercial Zoning District as -2023-PUD-_-2023 (hereinafter "PUD-_-2023”). Section 3. The City Council hereby makes the following findings: A. PUD-_-2023 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-_-2023 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-_-2023 are justified by the design of the development described therein. D. PUD-_-2023 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 Neighborhood Commercial Zoning District as Planned Unit Development PUD-_-2023 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 March 7, 2023 entered into between D7-3, LLC a Minnesota limited liability company, and the City of Eden Prairie (hereinafter “Development Agreement”). The Development Agreement contains the terms and conditions of PUD _-2023, and are hereby made a part hereof. Section 6. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Section 11.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 7th day of February, 2023, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 7th day of March, 2023. ATTEST: __________________________________ ___________________________________ Nicole Tingley, City Clerk Ronald A. Case, Mayor PUBLISHED in the Sun Current on. EXHIBIT A PUD Legal Description Legal Description Real property in the City of Eden Prairie, County of Hennepin, State of Minnesota, described as follows: Parcel 1: Lot 1, Block 1, Prairie Green Second Addition, Hennepin County, Minnesota and Easements as to Parcels 2, 3, and 4. (Abstract Property) Parcel 2: Easement Agreement dated January 31, 1997, filed February 6, 1997, as Document No. 6696906. Parcel 3: Easement Agreement dated December 23, 1996, filed February 6, 1997, as Document No. 6696907 Parcel 4: Storm Drain Easement Agreement dated July 7, 2005, filed July 11, 2005 as Document No. 8613304 DAIRY QUEEN 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 Neighborhood Commercial Zoning District into a Planned Unit Development District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: __________________________ ________________________ Nicole Tingley, City Clerk Ronald A. Case, Mayor PUBLISHED in the Sun Current on (A full copy of the text of this Ordinance is available from City Clerk.) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2023-____ A RESOLUTION GRANTING SITE PLAN APPROVAL FOR DAIRY QUEEN BY STEVE GIORGI WHEREAS, Steve Giorgi, has applied for Site Plan approval of Dairy Queen to reconfigure the parking lot at 16340 Terry Pine Drive on property described in Exhibit A; WHEREAS, zoning approval for the amended PUD with waivers was granted by an Ordinance approved by the City Council on March 7, 2023. WHEREAS, Section 11.03 Subd. 6 allows certain amended Site Plan applications to be subject to review and consideration for approval by the City Council only without referral to the Planning Commission; and WHEREAS, the City Council has reviewed said application at a public hearing at its February 7, 2023 meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval is granted to Steve Giorgi, subject to the Development Agreement between D7-3, LLC and the City of Eden Prairie, reviewed and approved by the City Council on March 7, 2023. ADOPTED by the City Council of the City of Eden Prairie this 7th day of March, 2023. ____________________________________ Ronald A. Case, Mayor ATTEST: ___________________________ Nicole Tingley, City Clerk EXHIBIT A Dairy Queen Site Plan Legal Description Real property in the City of Eden Prairie, County of Hennepin, State of Minnesota, described as follows: Parcel 1: Lot 1, Block 1, Prairie Green Second Addition, Hennepin County, Minnesota and Easements as to Parcels 2, 3, and 4. (Abstract Property) Parcel 2: Easement Agreement dated January 31, 1997, filed February 6, 1997, as Document No. 6696906. Parcel 3: Easement Agreement dated December 23, 1996, filed February 6, 1997, as Document No. 6696907 Parcel 4: Storm Drain Easement Agreement dated July 7, 2005, filed July 11, 2005 as Document No. 8613304 CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: March 7, 2023 DEPARTMENT/DIVISION: Community Development/ Economic Development Julie Klima/David Lindahl ITEM DESCRIPTION: Adopt Resolution Supporting Transit Oriented Development (TOD) Grant Applications ITEM NO.: VIII.D. Requested Action Move to: Adopt resolution supporting the City’s applications to the Hennepin County Transit Oriented Development Program. Synopsis The City is applying for two Transit Oriented Development (TOD) Grants through Hennepin County to help pay for a new public plaza near the Town Center Station and a trail connection to the Golden Triangle LRT Station. Background The grant funds will help pay for a new public plaza located at the NW corner of Flying Cloud Drive and Town Center Place that includes a base for the Flying Red Horse sign, a bench, landscaping and directional signage to the Town Center Station. TOD funds would also help pay for a new trail connection from the new GTA LRT Station south to Valley View Road, providing commuters a pedestrian link to over 9,000 jobs. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2023____ A RESOLUTION SUPPORTING APPLICATIONS FOR HENNEPIN COUNTY TRANSIT ORIENTED DEVELOPMENT (TOD) GRANTS SUBMITTED BY THE CITY OF EDEN PRAIRIE FOR A PUBLIC PLAZA AND TRAIL IMPROVEMENTS WHEREAS, the City of Eden Prairie submitting two applications requesting grant funds from the Hennepin County Transit Oriented Development Program; and WHEREAS, the grant funds will be used for eligible costs associated with a public plaza project located near the Town Center LRT Station and a multi-use trail project located near the Golden Triangle LRT Station in the City of Eden Prairie; and WHEREAS, the Hennepin County Transit Oriented Development Program Guidelines require support by the governing body of the City of Eden Prairie for submission of a grant applications to the Hennepin County Transit Oriented Development Program. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that the City of Eden Prairie, in accordance with Minnesota Statute 383B.77, subd. 3., supports the submission of two Transit Oriented Development Program grant applications to Hennepin County. ADOPTED by the City Council of the City of Eden Prairie this 7th day of March, 2023. _______________________ Ronald A. Case, Mayor ATTEST: ________________________ Nicole Tingley, City Clerk CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: March 7, 2023 DEPARTMENT/DIVISION: Robert Ellis Public Works ITEM DESCRIPTION: IC 15-5904 Agreement with Republic Services for material disposal at the 2023 Drop Off Day Event ITEM NO.: VIII.E. Requested Action Move to: Approve Agreement with Republic Services for material disposal at the 2023 Drop Off Day Event at an estimated cost of $88,795.00. Synopsis A request for proposal was sent to two waste hauler companies. Republic Services was the only vendor to submit a proposal. The proposal included an estimated price of $88,795.00 for material disposal services. The event will be held Saturday, June 24, 2023. Background Information The City began providing a cleanup event in 1995 with a few basic items, such as such as yard waste, construction debris, general household trash and recyclables. In 2002 the cleanup was moved to the Hennepin Technical College as the Allied Waste facility could no longer handle the number of people that came to the event. The change allowed the City to increase the number and types of materials including bicycle, yard waste, scrap metal, appliances, electronics, tires, fluorescent bulbs, and propane tanks all for recycling. Over time the event become so popular it appeared to be outgrowing the Hennepin Technical College campus. To help alleviate pressure the City constructed a yard waste site in 2021 that is open to residents in the spring, summer and fall months. As a result, yard waste is no longer collected as part of the Drop Off Day Event which helped reduce wait times. The City also now hosts two separate events for curbside pick-up and drop off of appliances, electronics, tires, e- waste and other miscellaneous items for recycling. One of those events will occur in the spring and the other in the fall. By separating the recycling events from the Drop Off event we have significantly reduced traffic congestion which has plagued the Drop Off event in past years. The 2023 agreement again includes provisions for 18 rear load trucks for general trash, four 30- yard dumpsters for construction and demolition, one 30-yard dumpster for scrap metal, one 8- yard dumpster for cardboard, as well as 47 personnel to operate equipment, load debris and route traffic. Attachment Agreement 2017 06 01 Agreement for Contract Services This Agreement (“Agreement”) is made on the 7th day of March, 2023, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Allied Waste Services of North America, LLC dba Republic Services of the Twin Cities - Eden Prairie, a Delaware limited liability company (hereinafter "Contractor") whose business address is 9813 Flying Cloud Drive, Eden Prairie, MN 55347. 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 the 2023 Eden Prairie Drop Off Day Event 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 March 7, 2023. 3.Obligations of Contractor. Contractor shall conform to the following obligations: a.Contractor shall provide the materials and services as set forth in Exhibit A. b.Contractor and its employees will park in service areas or lots and use entries and exits as designated by City. Contractor’s personnel will contact the appropriate person (i.e. receptionist, maintenance personnel, security, etc,) immediately upon entering the building, and will sign in and out if required by City. c.Care, coordination and communication by Contractor is imperative so that guests and employees in the buildings are not disturbed or inconvenienced during the performance of the contracted services. d.Contractor’s personnel must be neat appearing, wear a uniform and badge that clearly identifies them as a service contractor, and abide by City’s no smoking policies. e.Contractor must honor the City’s request to reassign an employee for cause. Cause may include performance below acceptable standards or failure to present the necessary image or attitude, in the judgment of the owner, to present a first class operation. Standard Agreement for Contract Services 2017 06 01.01 Page 2 of 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 an estimated sum of $88,795.00 based on unit prices 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 dilig ence 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 Standard Agreement for Contract Services 2017 06 01.01 Page 3 of 10 extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 9.Insurance. a.General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b.Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c.Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products- completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability Standard Agreement for Contract Services 2017 06 01.01 Page 4 of 10 form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. e. All policies, except the Worker’s Compensation Policy, shall name the “City of Eden Prairie” as an additional insured. f. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations. g. All polices shall contain a waiver of subrogation in favor of the City. h. All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver of subrogation in favor of the City. i. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Agreement. j. Contractor agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. k. It shall be Contractor’s responsibility to pay any retention or deductible for the coverages required herein. l. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Con tractor’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 Standard Agreement for Contract Services 2017 06 01.01 Page 5 of 10 be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City’s right to enforce the terms of Contractor’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 10. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. Standard Agreement for Contract Services 2017 06 01.01 Page 6 of 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 withi n 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 limi tation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials. The Contractor shall post bonds to secure the warranties. 12. Termination. a. This Agreement may be terminated at any time by either party for breach or non- performance of any provision of this Agreement in accordance with the following. The party (“notifying party”) who desires to terminate this Agreement for breach or non- performance of the other party (“notified party”) shall give the notified party notice in writing of the notifying party’s desire to terminate this Agreement describing the breach or non-performance of this Agreement entitling it to do so. The noti fied 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, 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 equ ipment 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. 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. Standard Agreement for Contract Services 2017 06 01.01 Page 8 of 10 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 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 Standard Agreement for Contract Services 2017 06 01.01 Page 9 of 10 nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Contractor under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Agreement shall contain similar Data Practices Act compliance language. 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. REQUEST FOR PROPOSALS CITY OF EDEN PRAIRIE DROP OFF DAY EVENT 1.GENERAL INFORMATION a.Objective i.The purpose of the Request for Proposal (RFP) is to obtain bids for a waste hauler for the City of Eden Prairie’s annual Drop Off Day event. b.Issuing Office i.The RFP is issued by the City of Eden Prairie. All correspondence regarding the RFP must be addressed to the designated Contract Administrator. c.Contract Administrator i.All communications concerning the contract should be directed to the Contract Administrator: Robert Ellis, Public Works Director City of Eden Prairie Engineering Division 8080 Mitchell Road Eden Prairie, MN 55344 Phone 952-949-8310 Email: rellis@edenprairie.org d.Incurring Costs i.The City of Eden Prairie is not liable for any cost incurred by the prospective firms prior to the signing of the contract. e.Proposals i.To be considered, each firm must submit a complete response to this RFP, using the format provided in the section below. The proposal must be signed by an official authorized to bind the submitter to its provisions. f.Acceptance of the Proposal Content i.Failure of the selected consultant to accept these obligations may result in cancellation of the award. g.Selection Criteria i.The City will enter into a contract for the Drop Off Day with the organization who can submit a proposal documenting maximum value taking into consideration quality of proposal, event pricing, past experience with similar events, previous performance with the City of Eden Prairie, and other relevant factors. h.Proposal Receipt i.Proposals must arrive at the City of Eden Prairie, Engineering Division, 8080 Mitchell Road, on or before 10:00 A.M February 7, 2023. Electronic delivery (email) is preferred. It is expected the selected proposer’s agreement will be approved at the March 7, 2023, City Council meeting. i.Right to reject Bids i.The City of Eden Prairie reserves the right to award the total proposal, to reject any and all proposals in whole or in part, and to waive any informality or technical defects, in the City’s judgment. In determination of award, the qualification of the proposal submitter, the conformity with the specifications of services to be supplied, delivery terms, event pricing, past experience with similar events, previous performance with the City of Eden Prairie, EXHIBIT A and other relevant factors will be considered. j. Cost Liability i. The City assumes no responsibility or liability for costs incurred by the firms prior to the signing of this agreement. k. Owner i. The City of Eden Prairie is designated as Owner. l. Award of Contract i. The City of Eden Prairie will award one contract for this entire project to the responsible bidder submitting a quote, meeting all performance and required criteria as set forth in the Request for Proposal and the associated documents, plans and specifications. ii. The attached Exhibit B “Standard Agreement for Contract Services” will be used for this project and should be considered with the proposal. The City reserves the right to contract only for portions of the proposed scope of work outlined in this RFP. Deletions of specific tasks or sub-tasks will be at the discretion of the City. m. Drop Off Day Event Information i. Saturday, June 24, 2023 ii. Hennepin Technical College iii. 13100 College View Drive iv. Eden Prairie, MN 55347 v. Open to the public at 8:00 a.m. and last vehicle to enter site at 2:30 p.m. 2. SPECIFICATIONS a. Contractor must be available for one pre-planning meeting at Eden Prairie City Center. b. Contractor must set-up equipment and staff by 7:45 A.M. the day of event and have staff on site for the duration of the event. c. Commit to keeping each waste collection area for the event properly staffed and operational, including: i. Eighteen rear load trucks with operator for General Trash ii. Four 30-yard dumpsters with operator for Construction and Demolition iii. One 30-yard dumpster with operator for Scrap Metal iv. One 8-yard dumpster with operator for Recycling Materials v. Twenty-nine Labor personnel for material handling, traffic control and site supervi sion. d. Contractor must submit itemized totals for all materials collected no later than 45 days after event. e. The contractor shall assume ownership and responsibility for disposal for all collected materials. f. Equipment with Operator i. Basis of Measurement: Lump Sum ii. Basis of Payment: According to unit price. iii. Equipment costs must include all operational costs, such as fuel, and an operator. A total of twenty-four (24) pieces of equipment will be needed to the event. This includes roughly eighteen (18) rear load trucks for General Trash and six (6) other trucks to load and unload four 30-yard dumpsters for Construction and Demolition, one 30 -yard dumpster for Scrap Metal, and one 8-yard dumpster for Recycling Materials. iv. It is expected that Equipment operators will assist with loading their vehicles while present on site and this cost will be included in the Equipment bid item. g. Additional Labor i. Basis of Measurement: Lump Sum. ii. Basis of Payment: According to unit price. iii. Labor shall include all labor for traffic control, material handling, and supervision. It is assumed a total of twenty-nine (30) labor persons will be needed for the event. This includes approximately eighteen (19) material handlers to assist General Trash equipment operators with loading, eight (8) material handlers to assist the Construction and Demolition/Recycling Materials/Scrap Metal equipment operators with loading, two (2) traffic control persons, and one (1) supervisor. iv.Labor does not include operators of equipment as those will be paid for under the Equipment bid item. h.General Trash i.Basis of Measurement: By tons. ii.Basis of Payment: According to unit price and actual quantity collected. iii.Estimated quantity listed on bid form is based on previous event total tonnages. iv.Staging and Staffing: Maintain eighteen (18) stations with eighteen rear load trucks throughout the event. v.Bulky items such as couches, mattresses and other furniture will be paid for by the ton similar to all other general trash. i.Construction and Demolition i.Basis of Measurement: By tons. ii.Basis of Payment: According to unit price and actual quantity collected . iii.Estimated quantity listed on bid form is based on previous event total tonnages. iv.Staging and Staffing: Provide four (4) 30-yard dumpsters for construction and demolition materials throughout the event. v.City Staff will mobilize and operate one wheel loader to help organize and consolidate materials. j.Scrap Metal i.Basis of Measurement: By tons. ii.Basis of Payment: According to unit price and actual quantity collected. iii.Estimated quantity listed on bid form is based on previous event total tonnages. iv.Staging and Staffing: Provide one (1) 30-yard dumpsters for scrap metal throughout the event. k.Recycling Materials i.Basis of Measurement: By tons. ii.Basis of Payment: According to unit price and actual quantity collected. iii.Estimated quantity listed on bid form is based on previous event total tonnages. iv.Staging and Staffing: Provide one (1) 8-yard dumpsters for recycling materials throughout the event. 3.PROPOSALS a.Proposal Format i.The firm will be responsible for completing and submitting the attached proposal form. b.Fee Quotations i.The fee proposal for the project will include all costs associated with the project including taxes and surcharges. Include the name and telephone number of the person(s) in the organization who is authorized to negotiate the proposed contract with the City. If subcontractors are hired, a single firm shall ad minister the contract. All billings will be routed through this firm. Invoices submitted should have a detailed breakdown of times, personnel, mileage, supplies, etc. chargeable for a specific task. c.Proposed Modification to Scope i.The proposal shall discuss any proposed modifications to the scope outline herein that the Contractor may feel are necessary to complete the project. d.Submittal Requirements i.Provide electronic copy (PDF) of the proposal for the evaluation process. 4.TERMS AND CONDITIONS a.The City reserves the right to contract for only portions of the scope of work outlined in this RFP. Deletion of specifications will be at the discretion of the City. b.If, for any reason, your firm is not able to execute the included Standard Agreement for Contract Services within 14 days of Council Award, the City reserves the right to request proposals from other qualified firms. c.The City will pay the Contractor for services based on the unit bid prices submitted in the RFP and actual measured quantities. d.An official authorized to bind the Contractor to its provisions must sign the proposal. e. The City shall retain ownership of all maps, reports, data and photographs prepared by the Contractor and/or their sub-consultants under this proposal. The City may reproduce any or all portions of these items at their discretion. f. The attached Agreement for Contract Services is considered a part of the Proposal. A signed copy will be required for City Council Approval. The Request for Proposals and Unit Cost Bid Form will be Exhibit A to the Agreement for Contract Services. g. Payment and Taxes i. The City will pay the Contractor for services based on the unit bid prices submitted below for actual measured quantities. ii. The City will pay the Contractor for all actual State, County and local material disposal taxes with no mark up from the Contractor. iii. The Contractor shall pay all sales, consumer, use and other taxes required to be paid and these costs shall be included in the unit prices below. CITY COUNCIL AGENDA SECTION: DATE: March 7, 2023 DEPARTMENT/DIVISION: Lori Haak Public Works / Engineering ITEM DESCRIPTION: I.C. #23808 Approve Cost Share Agreement with Riley-Purgatory-Bluff Creek Watershed District for Smith Raingardens ITEM NO.: VIII.F. Requested Action Move to: Approve the Cost Share Agreement between the City of Eden Prairie and Riley- Purgatory-Bluff Creek Watershed District for the Smith Raingardens. Synopsis The City Council awarded the contract for the Smith Coffee Raingardens to Minnesota Native Landscapes Inc. in the amount of $51,610 on February 21, 2023. The Riley-Purgatory-Bluff Creek Watershed District (RPBCWD) administers a Watershed Stewardship Grant to “[offer] financial support and resources for clean water projects to residents and organizations in the watershed district.” The City applied for the grant and was awarded a cost share agreement with the RPBCWD to install native plantings in the basins and install energy dissipators in the north basin to help pretreat parking lot runoff. The award is a maximum of $11,355 toward the project. Background Information The historic Smith-Douglas-More house and property are owned by the City of Eden Prairie. The house is leased for operation as a coffee shop. The property contains 2 raingardens, constructed in 2002 and 2011. Both rain gardens are highly visible and present maintenance and aesthetic challenges. City Water Resources staff coordinated with the operators and within the City (Facilities, Economic Development, Forestry and Natural Resources) to develop planting and maintenance plans that better meet the expectations for the site and maintenance capabilities. The project replants the rain gardens with mature native vegetation to improve maintenance and better fit the aesthetics of the property. The project will also improve pretreatment to the northerly basin and fix erosion in the southerly rain garden. Finally, the work includes two years of maintenance by the contractor. Financial Implications Under the terms of the Cost Share Agreement, the RPBCWD will reimburse the City fifty (50) percent of the cost of the native plantings and the energy dissipators, up to a maximum of $11,355. RPBCWD will also consider contributions to interpretive signage on the Smith property to increase public awareness of the value of native plantings and raingardens. Attachments Attach 1 – Cost-Share Funding Agreement Riley Purgatory Bluff Creek City of Eden Prairie Watershed District Cost-Share Agreement 1 RILEY PURGATORY BLUFF CREEK WATERSHED DISTRICT Cost-Share Funding Agreement Riley Purgatory Bluff Creek Watershed District and CITY OF EDEN PRAIRIE LOCATION: 8107 Eden Prairie Road, Eden Prairie, MN 553474 PARCEL PIN: 1711622140006 This cost-share agreement, for support of water resource protection and education through the Riley Purgatory Bluff Creek Watershed District Cost-Share Program, is entered into between the Riley Purgatory Bluff Creek Watershed District, a public body with purposes and powers set forth at Minnesota Statutes chapters 103B and 103D (RPBCWD), and the City of Eden Prairie (City). RPBCWD has determined that it will contribute cost-share funding for implementation of water resources-conservation practices in conjunction with a project that the City has undertaken to establish native vegetation in an infiltration basin, install a bee lawn, and install energy dissipators in rain gardens. RPBCWD has determined the amount of funding that it will contribute to the design and implementation of the practices on the basis of water-quality improvement, public education and demonstration benefits that will be realized. RPBCWD commits to reimburse the City in accordance with the terms and on satisfaction of the conditions of this agreement. 1. Scope of Work The City will provide for installation of a native planting, bee lawn, and energy dissipators on the Property (the Project) in substantial conformance with site plan, design, and budget attached to and incorporated into this agreement as Exhibit A. To the extent there is any real or perceived conflict between a term of this agreement and Exhibit A, the terms of this agreement will prevail. On completion of installation of the Project, the City must submit to RPBCWD a report that includes a narrative describing the installation of the Project, a description of and receipts documenting eligible costs incurred, a description of any changes made or expected to the Project, and photographs documenting installation (Project Report). A final Project Report must be submitted to RPBCWD within 30 days of completion. 2. Contractor The City will select a contractor or contractors for the Project or install the Project itself, and the City will ensure installation of the Project in substantial conformity with Exhibit A. In contracting for installation of the Project, the City will ensure that no person is excluded from full employment rights or participation in or benefits of any program, service, or activity on the grounds of race, color, creed, religion, age, sex, disability, marital status, sexual orientation, public-assistance status or national origin, and that no person protected by applicable federal or state laws, rules or regulations against discrimination is subject to discrimination. Riley Purgatory Bluff Creek City of Eden Prairie Watershed District Cost-Share Agreement 2 3. Reimbursement When RPBCWD has inspected the Project to confirm functionality and implementation in material conformity with Exhibit A and received from the City: a. an invoice and receipts documenting the Project costs, along with any completed reimbursement forms required by RPBCWD, will reimburse the City 50 percent or $11,355.00, whichever is less, of the City’s eligible costs to design and install the Project. Reimbursement under this agreement will not exceed a total of $11,355.00. RPBCWD will make reimbursement within 45 days of receipt of the invoice and required accompanying documentation described above, unless the RPBCWD finds that the Project does not meet standards described herein for reimbursement, in which case RPBCWD will provide an explanation to the City sufficient for the City to timely cure the deficiency. RPBCWD has determined that partial performance of obligations under section 1 of this agreement may confer no or limited benefit on RPBCWD. As a result: a. RPBCWD may withhold 10 percent of any reimbursement under this section 3 until RPBCWD has confirmed substantial completion of the Project; and b. if implementation, including vegetation establishment where specified, of the Project is not substantially completed in material conformance with the approved plans and specifications within one (1) year of the date this agreement is fully executed, subject to delays outside of the City’s control, RPBCWD will not be obligated to provide reimbursement to the City under this agreement and may declare this agreement rescinded and no longer of effect. Notwithstanding, the parties will consult before RPBCWD elects to deny reimbursement or rescind the agreement. 4. Right of Access The City will permit RPBCWD representatives to enter the Property at reasonable times to inspect the work, ensure compliance with this agreement, and monitor or take samples for the purposes of assessing the installation or performance of the Project and compliance with the terms of this agreement. If RPBCWD finds that an obligation under this agreement is not being met, it will provide 30 days’ written notice and opportunity to cure, and thereafter may declare this agreement void. The City will reimburse RPBCWD for all costs incurred in the exercise of this authority, including reasonable engineering, legal and other contract costs. 5. Maintenance The City will maintain the Project for a minimum of 10 years from the date construction is complete in accordance with the maintenance as described in application attached as Exhibit A. If the City fails to maintain the Facilities, RPBCWD will have a right to reimbursement of all amounts paid to the City, unless RPBCWD determines that the failure to maintain the Facilities Riley Purgatory Bluff Creek City of Eden Prairie Watershed District Cost-Share Agreement 3 was caused by reasons beyond the City’s control. RPBCWD and its representatives may enter the Property at reasonable times to inspect the condition of the Project and confirm proper maintenance. 6. Acknowledgment and Publicity The City will cooperate with RPBCWD to seek publicity and media coverage of the Project, and to allow members of the public periodically to enter the Property to view the Project in the company of an RPBCWD representative. The City will permit RPBCWD, at its cost and discretion, to place reasonable signage on the City’s property informing the general public about the Project and RPBCWD’s cost-share program or acknowledge RPBCWD’s contribution on the City’s own signage. 7. Independent Relationship; Indemnification RPBCWD's role under this agreement is solely to provide funds to support the Project, in recognition of the maintenance, demonstration and dissemination of knowledge about innovative approaches to stormwater management. RPBCWD’s review of design, plans and specification notwithstanding, RPBCWD has no authority to select, nor has it had any role in selecting, the design, means, method or manner of performing any work or the person or firm who will perform the work necessary to implement the Project. The City acts independently and selects the means, method and manner of implementing the Project. Review of any plans, specifications, design or installation by RPBCWD or its representative is solely for the purpose of establishing accountability for RPBCWD funds expended. Neither the City nor the City’s contractor acts as the agent or representative of RPBCWD in any manner. The City will hold RPBCWD, its officers, board members, employees and agents harmless, and will defend and indemnify RPBCWD, with respect to all actions, costs, damages and liabilities of any nature arising from: (a) the City’s negligent or otherwise wrongful act or omission, or breach of to the degree that they are the result of the City’s, a subcontractor’s or an assignee’s negligence or the result of other action or inaction by the City, a subcontractor or an assignee that is the basis for the City’s, the subcontractor’s or the assignee’s liability in law or equity. 8. Remedies; Immunities Only contractual remedies are available for a party’s failure to fulfill the terms of this agreement. Notwithstanding any other term of this agreement, the District and the Partner waive no immunities in tort. No action or inaction of a party under this agreement creates a duty of care for the benefit of any third party. This agreement creates no right in and waives no immunity, defense or liability limitation with respect to any third party. 9. Effective Date; Termination; Survival of Obligations This agreement is effective when fully executed by all parties and expires five (5) years thereafter. RPBCWD retains the right to void this agreement if the Project is not certified as substantially complete by May 1, 2024. RPBCWD may grant a request to extend the construction-completion period based on satisfactory explanation and documentation of the need for an extension. Upon Riley Purgatory Bluff Creek City of Eden Prairie Watershed District Cost-Share Agreement 4 issuance by RPBCWD of notice of RPBCWD’s determination to void this agreement, the City will not receive any further reimbursement for work subject to this agreement, unless RPBCWD extends the implementation-completion period. All obligations that have come into being before termination, specifically including obligations under paragraphs 4, 5 and 6 will survive expiration. 10. Compliance With Laws The City is responsible to secure all permits and comply with all other legal requirements applicable to the Project. 11. Notices Any written communication required under this agreement shall be addressed to the other party as follows: To RPBCWD: Administrator Riley Purgatory Bluff Creek Watershed District 18681 Lake Drive East Chanhassen, MN 55317 To CITY OF EDEN PRAIRIE: Water Resources Coordinator City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 12. Waiver RPBCWD 's failure to insist on the performance of any obligation under this agreement does not waive its right in the future to insist on strict performance of that or any other obligation. Notwithstanding any other term of this agreement, RPBCWD waives no immunities in tort. This agreement creates no rights in and waives no immunities with respect to any third party or a party to this agreement. 13. Venue and Jurisdiction The agreement will be construed under and governed by the laws of the State of Minnesota. The appropriate venue and jurisdiction for any legal action hereunder will be Hennepin County, Minnesota. Riley Purgatory Bluff Creek City of Eden Prairie Watershed District Cost-Share Agreement 5 Intending to be bound, the parties hereto execute and deliver this agreement. CITY OF EDEN PRAIRIE By ______________________________ Date ___________________ Ron Case Mayor By ______________________________ Date ___________________ Rick Getschow City Manager RILEY PURGATORY BLUFF CREEK WATERSHED DISTRICT By ______________________________ Date ___________________ Terry Jeffery Administrator Riley Purgatory Bluff Creek City of Eden Prairie Watershed District Cost-Share Agreement 6 Exhibit A Application December 14, 2022; Site Map, North and South Landscape Plans; MNL Quote February 8, 2023 Watershed Stewardship Grant Application The form is set to save your progress. However, your device may not be set up to accommodate this; be prepared to re- enter your information if needed. Allow up to six weeks to process your application. Property Owner Information Applicant type * Government, school, or business Property Owner's Legal Name (first and last) * City of Eden Prairie Please provide the legal name of person who owns the property where the project would be located. Additional Property Owner's Name If the property is owned by more than one person, please provide name(s) here. If your project is awarded a grant, the legal names of all property owners will be needed for the grant agreement. My project is within the Riley Purgatory Bluff Creek Watershed District * Property Address * Eden Prairie City 55344 Postal / Zip Code 8107 Eden Prairie Road Street Address Address Line 2 Write the address of the property where project would be located. Parcel ID Number (PID) of property * 1711622140006 You can look up the PID using the Hennepin County and Carver County online property maps. Find links to these under the Resources section of the grant webpage. Property Owner's Mailing Address (if different than above) Eden Prairie City 55344 Postal / Zip Code 8080 Mitchell Road Street Address Address Line 2 Please provide a mailing address if it is different from the property address listed above. Watershed Stewardship Grant Application The form is set to save your progress. However, your device may not be set up to accommodate this; be prepared to re- enter your information if needed. Allow up to six weeks to process your application. Property Owner's Phone * 9529498327 Property Owner's Email Address * lhaak@edenprairie.org We need email addresses for communication purposes. Also, we currently use electronic signatures on grant agreements and need emails for this signing process. Secondary Property Owner's Email Address We are currently using electronic signatures on grant agreements and will need an email for each property owner. If property owners share the same email, please note that here. Primary Contact Person Fill out this section if the primary contact person for the project is different than the property owner. If it's the same, click the box that says "Primary contact information same as property owner." If you select this, then you may skip this section. Primary contact information same as property owner. Contact Name Lori First Haak Last Contact Phone Contact Email Primary contact's relationship to project If the primary contact is not the property owner, please provide the contact's person's relationship to the project. (Property manager, association member/president, business owner, contractor hired by the owner, etc.) Project Information Watershed Stewardship Grant Application The form is set to save your progress. However, your device may not be set up to accommodate this; be prepared to re- enter your information if needed. Allow up to six weeks to process your application. Have you had a site visit? The site visit would have been with Seth Ristow (Carver County SWCD) or watershed district staff. * Yes No No, but I confirmed that I do not need one Project title * Smith Coffee Raingardens Give your project a name! Type of project * Bee lawn Equipment purchase/retrofit Native habitat restoration Native planting/garden Pervious pavers/permeable asphalt Raingarden Shoreline buffer and/or restoration Stormwater capture and reuse (cistern, rain barrel, etc.) Vegetated swale Other Check all that apply if you selected "other" as the project type, please describe: How big is your project? * 0.6 Size (area) in square feet is preferred. If your project is a stormwater BMP (e. g. rain garden), provide the size of the area draining to the BMP. If you are unable to provide a size, please explain. Projected total project cost * $70,000.00 Be as accurate as possible. If you are awarded a grant, it will be based on a percentage of the projected total project cost that you provide. The award listed on a grant agreement (percent or not-to-exceed amount in dollar) is final. Your Grant Request: What percentage of project cost are you requesting from this grant program? * 50 % Choose a number between 10 and 75 percent as your cost-share grant request. The grant review committee will review your application and determine a percent cost-share offer, if any. Watershed Stewardship Grant Application The form is set to save your progress. However, your device may not be set up to accommodate this; be prepared to re- enter your information if needed. Allow up to six weeks to process your application. Estimated Start Date of Project * April-01-2023 MMMM-dd-yyyy An approximate date is fine. Please note that any project work that occurs BEFORE a grant agreement is in place is NOT ELIGIBLE for grant funds. Estimated Completion Date of Project * December-31-2024 MMMM-dd-yyyy An approximate date is fine. Grantees have one (1) year to complete a project once a grant agreement is in place. This amount of time may be extended if circumstances are deemed reasonable by the grant coordinator. Please describe the current condition of the property, relevant site history, and past management * The Smith-Douglas-More house is a historic property within Eden Prairie. The property is owned by the City of Eden Prairie and has operated as a coffeehouse for the past 20 years. The south raingarden was the first raingarden in the city and was constructed in 2002, when the coffeehouse first opened. It collects runoff from the driveway and a portion of the parking lot. The north raingarden was constructed in 2011 and collects runoff from the remainder of the parking area. Both areas have suffered from some erosion and lack of vegetation management. The current vegetation is tall and unruly and has not been maintained well. Thistle and other non-native invasives have overrun the native herbaceous vegetation in most places. The south garden is right along the entrance drive, so it is highly visible to all patrons of the coffee shop. According to the operators of the coffee shop, they receive frequent complaints about the aesthetics of both basins. When they are not maintained well, they are an eyesore and reflect poorly on the coffee shop and the City (as the property owner). There was also some difficulty with regard to management responsibilities historically because the raingardens were installed by Water Resources, but the property is maintained by Facilities. Please describe the project in detail, including any site issues you are hoping to address through it. * The main goal of the project is to remove the existing herbaceous vegetation (leaving the existing shrubs and trees) and replace it with 1 gallon grasses and forbs and add some 5 gallon shrubs. The height of the vegetation in the garden will be shorter than in the past so it looks more intentional and less gangly. There is also a safety issue with the south rain garden because passengers in the last parking spot to the east of the garden step out of vehicles onto an uneven surface. There is some uncertainty about how to maintain the back of the curb line, so a small strip along the south rain garden will be replaced with bee lawn and edging, so it can be mowed, but less frequently. There is also some erosion around and sedimentation in the rip rap at the curb cut openings that will be addressed by constructing energy dissipators out of limestone block. Summarize your workplan. What steps will be taken to implement the project? * 2/7/23: Quote to City Council to approve selection of contractor Early spring 2023: Preconstruction meeting with City, Smith owner, contractor on-site Spring 2023: Clear and grub as needed. Begin construction. Install energy dissipators. Install plantings, erosion control blanket and shredded hardwood mulch. Install edging and bee lawn. (est. 15 days) Summer 2023: Begin year 1 of contracted maintenance and vegetation monitoring. Spring/Summer/Fall 2024: Finish Year 2 of contracted maintenance and vegetation monitoring. Spring 2025: Begin City-led maintenance and monitoring and continue for at least 8 years. Watershed Stewardship Grant Application The form is set to save your progress. However, your device may not be set up to accommodate this; be prepared to re- enter your information if needed. Allow up to six weeks to process your application. Who will be completing the work, and where will you be purchasing supplies/equipment from? * This is TBD as we have not received quotes yet. All contractors from whom quotes are requested will be experienced in native plant installation and maintenance. Our consultant and project manager is Sarah Harding with Stantec. (We are currently working to finalize plans and quote docs, so I can send final copies once those have been reviewed and approved internally.) Provide contractor or business name(s) when applicable. If your project is a habitat restoration, native planting, or native garden, provide the name of the grower/nursery of the seeds/plants. TBD, based on the contractor selected. For habitat restoration, native planting, and native garden projects, only native plants may be used. The plants must be native to the ecoregion and in their natural or "wild" form. Cultivated varieties are not allowed. Other Funding Have you received, applied for, or intend to apply for a grant or other outside funding for this project? * Yes No Your city natural resources department, lake association, or other organization may offer funding that complements our grant program. You're welcome to apply to these, but double-dipping (getting paid twice for same work) is not allowed. If you answered "Yes" to the above question, please provide the name of the funding source(s) and the amount in dollars. Project Outcomes Which District water QUALITY goals would your project meet? My project would... * Minimize the negative impacts of erosion and sedimentation Include native habitat protection or enhancement Establish and preserve natural corridors for wildlife habitat and migration Use natural materials and bioengineering for maintenance and/or restoration of a shoreline or streambank Provide or enhance a vegetated buffer along a waterbody Reduce chloride (salt) use and loading into waterbodies Minimize pollutant loading to water resources Test treatment effectiveness of an emerging practice None of the above Please check all that apply Watershed Stewardship Grant Application The form is set to save your progress. However, your device may not be set up to accommodate this; be prepared to re- enter your information if needed. Allow up to six weeks to process your application. Which District water QUANTITY Goals would your project meet? My project would ... * Enhance the natural function and storage volume of a floodplain Minimize baseflow impacts Promotes infiltration of stormwater to reduce runoff, improve water quality, and promote aquifer (groundwater) recharge Implements Low Impact Development (LID) practices to manage stormwater Conserves water (e.g. water reuse such as a rain barrel or cistern) None of the above Please check all that apply Education & Outreach How will your project increase awareness of water resource issues and/or clean water practices/projects? * This site is highly visible as it the south raingarden is along the south side of the driveway and there is an outdoor patio across the driveway from it. We will install an interpretive sign near the basin with a QR code to a subpage of the City's website that contains information about the species planted, maintenance and photos of before/during/after the plantings. We expect to use this as a stop on "clean water" tours for organizations such as the Sustainability Commission and watershed district board and CAC, perhaps even establishing a self-guided "clean water tour" for the City. May we share your project with the community on our website, social media, or other media? * Yes No Could we highlight your project on a tour or training event (with prior notice and agreement)? * Yes No Maintenance & Reporting I understand that if my project is approved for funding, I or my organization will enter into a maintenance agreement with the Riley Purgatory Bluff Creek Watershed District. * How will the project be monitored and maintained? * Two years of maintenance will be included in the initial contract. Ongoing maintenance after the first two years will be managed by the City's Facilities department under City contracts for maintenance. Water Resources and Facilities have had multiple conversations about this arrangement and both parties are in agreement about the responsibilities of each party. This will address the uncertainties about maintenance responsibilities that have been problematic for the site in the past. Non-profits and homeowners are required to maintain their project for 5 years. Local government and businesses are required to maintain their project for 10 years. Watershed Stewardship Grant Application The form is set to save your progress. However, your device may not be set up to accommodate this; be prepared to re- enter your information if needed. Allow up to six weeks to process your application. I understand that if my project is approved for funding I must submit a project report within 30 days of completing my project. I must also submit a yearly project report with updates on maintenance and function for the amount of time set in the grant agreement. * What variables will track and report? How will you track these variables? * % cover: After construction is complete, staff will visit the site once per month in May through September at 3 sample points per basin to estimate areal percent cover. % native, non-invasive: After construction is complete, staff will visit the site once per month in May through September at 3 sample points per basin to estimate areal percent cover of native, non-invasive vegetation. Required Documents Please upload the following required documents (if relevant to your project). If you have more than 5 files, please email directly to lforbes@rpbcwd.org. Project Map: Provide a map showing location of project on your property. An aerial (satellite) image with contour/topographic lines is preferred. Project Design : Provide a sketch of project design with details such as location of features, planting plan with locations of plants, etc. Photos : Provide two or more photos of project area as it looks before project installation. Cost Estimate(s): Provide itemized list of costs including any bids/quotes from contractors. Plant Information: If your project includes plants, provide the plant/seed list with SCIENTIFIC NAMES. Include other relevant information such as seed mix name, seeding rate, quantity of plants, and size of plants (e.g. plug, pot size, 18-pack) Equipment specifications: Provide if needed for equipment purchase/retrofit projects. File Upload 227705174_Smith_Coffee_Rain_Garden_Plans_221104.pdf Smith_Raingarden_Plants.pdf Watershed Stewardship Grant Application The form is set to save your progress. However, your device may not be set up to accommodate this; be prepared to re- enter your information if needed. Allow up to six weeks to process your application. 20220502_Smith_Coffee-04.jpg 20220502_Smith_Coffee-10.jpg Smith_Coffee_Raingardens.pdf Authorization to Submit Application Provide name of property owner(s) or responsible party authorized to submit this application and sign the grant agreement. Authorized Representative Name * Lori Haak Role * Water Resources Coordinator (e.g. homeowner, HOA president, business owner, job title) Date * December-14-2022 MMMM-dd-yyyy I/we submit this application for consideration for a Watershed Stewardship Grant * 900900900Smith Coffee RaingardensSmith Coffee RaingardensSmith Coffee Raingardens DISCLAIMER: The City of Eden Prairie does not warranty the accuracy nor the correctness of the information contained in this map. It is your responsibility to verify the accuracy of 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 information or other pecuniary loss that might arise from the use of this map or the information it contains. 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 was obtained from Hennepin County and all users are bound by the express written contract between Hennepin County and the City of Eden Prairie.² Infil. BMPs Parcels Scale:1:501 0 20 40 ft 899 898 897.2 902 901 900 899 898 897.2 ( IN FEET ) GRAPHIC SCALE0 1 inch = 10 ft. 10 2010 NOTES 1.CONTRACTOR SHALL REMOVE EXISTING VEGETATION AND DEBRIS EXCEPT WHERE NOTED, WITHIN THE AREA OF WORK PRIOR TO PLANTING AND SEEDING OPERATIONS. 2.CONTRACTOR SHALL REMOVE DEBRIS, PREPARE, AND INSTALL MINIMUM 4-INCH DEPTH OF CLASS 5 CRUSHED LIMESTONE LANDING. GRADE TO DRAIN TOWARD EXISTING RAIN GARDEN AT A SLOPE NO GREATER THAN 2%. COMMERCIAL METAL EDGING INSTALLED AT ALL LOCATIONS TO SEPARATE PLANTING BED & TURF AREAS CONTAINER GROW MATERIALS SHALL HAVE ROOTS HAND LOOSENED UPON PLANTING EXCAVATE HOLE SO THAT ROOTS ARE VERTICAL AND FULLY EXTENDED. SCARIFY PIT BOTTOM (6") MIN. BACKFILL AROUND THE ROOTS WITH LOOSE SOIL. WORK SOIL TO SETTLE AND ELIMINATE VOIDS AND AIR POCKETS. WATER THOROUGHLY WHEN BACKFILLED 2/3 FULL AND ALLOW TO SETTLE. PRUNE ANY DAMAGED OR BROKEN BRANCHES. ROUGH THE SIDES OF THE HOLE SO THEY ARE NOT GLAZED FROM DIGGING. REMOVE CONTAINER. REMOVE ENCIRCLING ROOTS BY SAWING OFF SIDES OF ROOT BALL. REMOVE EXCESS SOIL TO TOP OF FIRST WOODY ROOT. INSTALL SO THAT FIRST WOODY ROOTS ARE AT GROUND LEVEL. 2X ROOT DIA. MIN SHRUB PLANTING DETAIL 1 L100NOT TO SCALE 1.TREES AND SHRUBS SHALL BE PROVIDED IN THE QUANTITY, SIZE, GENUS, SPECIES, AND VARIETY AS CHOSEN BY THE OWNER/OWNER AS LISTED ON THE LANDSCAPE PLANS. 2.TREES AND SHRUBS SHALL BE HEALTHY, VIGOROUS STOCK, GROWN IN RECOGNIZED NURSERY IN ACCORDANCE WITH GOOD HORTICULTURAL PRACTICE AND FREE OF DISEASE, INSECTS, EGGS, LARVAE, AND DEFECTS. 3.OWNER RETAINS THE RIGHT TO INSPECT TREES AND SHRUBS FOR SIZE AND CONDITION OF BALLS AND ROOT SYSTEMS, INSECTS, INJURIES, AND LATENT DEFECTS, AND TO REJECT UNSATISFACTORY OR DEFECTIVE MATERIAL AT ANY TIME DURING PROGRESS OF WORK. 4.NURSERY STOCK SHALL BE DELIVERED DIRECTLY FROM NURSERY. HEEL IN IMMEDIATELY UPON DELIVERY IF NOT TO BE PLANTED WITHIN FOUR HOURS, COVERING WITH MOIST SOIL OR MULCH TO PROTECT FROM DRYING. STORE PLANTS IN SHADE AND PROTECT FROM WEATHER. 5.PROTECTION FROM EXTREMES IN EXPOSURE AND ROUGH HANDLING SHALL BE PROVIDED FOR ALL PLANT MATERIALS DURING TRANSPORT AND STORAGE. 6.THE CONTRACTOR SHALL NOTIFY THE OWNER 48 HOURS PRIOR TO PLANTING SO THAT A MUTUALLY AGREEABLE TIME MAY BE ARRANGED FOR INSPECTION. 7.LAY OUT INDIVIDUAL TREE AND SHRUB LOCATIONS WITH STAKES CENTERED AT PROPOSED PLANTING LOCATIONS FOR APPROVAL BY OWNER. 8.DO NOT START PLANTING WORK UNTIL LAYOUT IS APPROVED BY THE OWNER. 1.UPON APPROVAL OF STAKING LOCATIONS CONTRACTOR SHALL EXCAVATE PLANTING HOLES CENTERED AT STAKED LOCATIONS. 2.INSTALL EROSION CONTROL BLANKET IN LIEU OF MULCH WITHIN THE BOTTOM OF THE SOUTH RAIN GARDEN BASIN AS NOTED. 3.DIG HOLES AS DETAILED AND TO A DIAMETER A MINIMUM OF TWO TIMES THE DIAMETER OF THE ROOT BALL OR CONTAINER. 4.REMOVE STICKS, RUBBISH, FOREIGN MATERIALS AND UNDESIRABLE PLANTS AND THEIR ROOTS. REMOVE STONES MEASURING OVER 1-1/2 INCHES IN ANY DIMENSIONS. 5.FOR CONTAINER GROWN STOCK, CUT CONTAINERS ON SIDES INTO QUARTERS WITH SHEAR. REMOVE CONTAINER BEFORE SETTING PLANT SO AS NOT TO DAMAGE ROOT BALLS. 6.REMOVE ENCIRCLING ROOTS BY SAWING SIDES OF ROOT BALL (BOX CUT ROOT BALL). 5.REMOVE EXCESS SOIL FROM ROOT BALL TO EXPOSE FIRST MAIN LATERAL ROOTS. ROOT FLARE OF THE TREE MUST BE AT OR SLIGHTLY ABOVE FINISHED GRADE. 6.WATER EACH PLANT WITHIN 2 HOURS OF PLANTING. 7.ALL PLANTINGS TO BE MULCHED UNLESS OTHERWISE NOTED ON THE PLAN. 8.PLACE 3-INCH THICKNESS OF MULCH AROUND TREES, SHRUBS, AND PERENNIALS WITHIN A PERIOD OF 48 HOURS AFTER THE SECOND WATERING, EXCEPT WHERE EROSION CONTROL BLANKET IN LIEU OF MULCH IS CALLED FOR. 9.DO NOT PLACE MULCH IN DIRECT CONTACT WITH TRUNKS OR STEMS. 1.WHEN INSPECTED LANDSCAPE WORK DOES NOT COMPLY WITH REQUIREMENTS, REPLACE REJECTED WORK AND CONTINUE SPECIFIED MAINTENANCE UNTIL RE-INSPECTED BY OWNER AND FOUND TO BE ACCEPTABLE. REMOVE REJECTED PLANTS AND MATERIALS FROM SITE. 2.BEGIN MAINTENANCE IMMEDIATELY AFTER PLANTING. 3.MAINTAIN SHRUBS AND PERENNIALS INCLUDING WATERING AND WEED MANAGEMENT AND REMOVAL FOR TWO YEARS AFTER INITIAL ACCEPTANCE BY OWNER. IT IS CONTRACTORS RESPONSIBILITY TO COORDINATE WATERING AND MAINTENANCE ACTIVITIES. 4.SUBMIT MAINTENANCE ACTIVITY SUMMARY AFTER EACH SITE VISIT TO THE OWNER FOR VERIFICATION OF COMPLETED WORK. 5.TRIM, PRUNE, REMOVE CLIPPINGS AND DEAD OR BROKEN BRANCHES, AND TREAT PRUNED AREAS AND OTHER WOUNDS. 1.PLANT MATERIAL SHALL BE GUARANTEED FOR TWO YEARS AFTER OWNER INITIAL ACCEPTANCE AND SHALL BE ALIVE AND IN SATISFACTORY CONDITION AT THE END OF THE GUARANTEE PERIOD. SUCH GUARANTEE EXCLUDES VANDALISM. 2.AT THE END OF THE TWO-YEAR GUARANTEE PERIOD, INSPECTION WILL BE MADE BY THE OWNER UPON WRITTEN NOTICE BY THE CONTRACTOR AT LEAST FIVE DAYS BEFORE THE ANTICIPATED DATE. ANY PLANT MATERIAL REQUIRED UNDER THE CONTRACT THAT IS DEAD OR NOT IN SATISFACTORY CONDITION, AS DETERMINED BY THE OWNER, SHALL BE REMOVED FROM THE SITE, AND SHALL BE REPLACED AS SOON AS CONDITIONS PERMIT DURING THE NORMAL PLANTING SEASONS. 3.THE OPINION OF THE OWNER SHALL GOVERN IN ANY AND ALL DISPUTES BY THE CONTRACTOR REGARDING THE CONDITION AND DISPOSITION OF UNSATISFACTORY MAINTENANCE PROCEDURES OR REJECTED PLANTS. 4.ALL REPLACEMENTS SHALL BE PLANT MATERIAL OF THE SAME KIND AND SIZE AS SPECIFIED IN THE PLANT LIST. REPLACEMENT COSTS SHALL BE BORNE BY THE CONTRACTOR. 5.REPLACEMENT PLANTINGS REQUIRED AT THE END OF THE GUARANTEE PERIOD ARE NOT TO BE GUARANTEED. THE PLANT MATERIAL IS SUBJECT TO INSPECTION AND REJECTION BY THE OWNER BEFORE AND AFTER PLANTING. 1.EDGE RESTRAINT BETWEEN PLANTING BEDS AND TURF SHALL BE BLACK COMMERCIAL GRADE LANDSCAPE EDGING BY SURE-LOC OR APPROVED EQUAL, 3/16" x 4" x 16' STEEL EDGING WITH STAKES. 2.THE ESTABLISHMENT PERIOD FOR SEED SHALL BEGIN IMMEDIATELY AFTER INSTALLATION, WITH THE APPROVAL OF THE OWNER, AND CONTINUE UNTIL THE DATE THAT THE OWNER PERFORMS A FINAL INSPECTION. 3.BEE LAWN SEED SPECIES COMPOSITION SHALL BE SHOOTING STAR NATIVE SEED'S BEE LAWN SEED MIX. 180 LBS/AC. TURF SEED MIX SHALL BE MNDOT 25-131 LOW MAINTENANCE TURF. 4.EROSION CONTROL OVER SEEDED AREAS SHALL BE NETLESS EROSION CONTROL BLANKET BY FUTERRA OR APPROVED EQUAL, WITH STAPLES. 5.FERTILIZER SHALL CONFORM TO MNDOT SPEC. 3881, TYPE 2 PHOSPHOROUS-FREE. 6.FERTILIZER SHALL HAVE A FORMULA (N-P-K) AS DETERMINED BY THE RESULTS OF A SOIL TEST. CONTRACTOR TO CONDUCT SOIL TEST AND PROVIDE RESULTS ALONG WITH RECOMMENDED FERTILIZER FORMULA TO OWNER FOR REVIEW AND APPROVAL PRIOR TO APPLICATION. 7.INSTALLATION OF SEED SHALL OCCUR WITHIN ONE (1) WEEK OF COMPLETING DISTURBANCE ACTIVITIES.. CONTRACTOR SHALL BE RESPONSIBLE FOR WATER DURING THE SEED ESTABLISHMENT PERIOD. 1.ALL WORK AND MATERIALS TO BE IN FULL ACCORDANCE WITH LATEST RULES AND REGULATIONS OF THE DIVISION OF INDUSTRIAL SAFETY, THE UNIFORM PLUMBING CODE, NATIONAL ELECTRIC CODE, AMERICANS WITH DISABILITIES, AND OTHER APPLICABLE LAWS OR REGULATION. 2.NOTHING IN THESE DRAWINGS OR SPECIFICATIONS IS TO BE CONSTRUED TO PERMIT WORK NOT CONFORMING TO THESE CODES. 3.FURNISH, WITHOUT EXTRA CHARGE, ANY ADDITIONAL MATERIAL AND LABOR AS REQUIRED TO COMPLY WITH THESE RULES AND REGULATIONS, THOUGH THE WORK IS NOT MENTIONED IN THESE PARTICULAR CONSTRUCTION DOCUMENTS. 1.BECOME ACQUAINTED WITH ALL SITE CONDITIONS. IT IS THE CONTRACTOR'S RESPONSIBILITY TO CONTACT GOPHER STATE ONE CALL AND TO LOCATE EXISTING UTILITIES AND EQUIPMENT TO REMAIN. SHOULD UTILITIES OR OTHER WORK NOT SHOWN ON THE DRAWINGS BE FOUND DURING EXCAVATIONS, PROMPTLY NOTIFY OWNER. 2.TAKE NECESSARY PRECAUTIONS TO PROTECT EXISTING SITE CONDITIONS. REPAIR ANY DAMAGED ITEM TO ITS ORIGINAL CONDITION OR FURNISH AND INSTALL EQUIVALENT REPLACEMENT AT NO ADDITIONAL COST TO OWNER. 1.THE ENTIRE INSTALLATION SHALL FULLY COMPLY WITH ALL LOCAL AND STATE LAWS AND ORDINANCES AND WITH THE ESTABLISHED CODES ALLOCABLE THERETO. 2.THE CONTRACTOR SHALL TAKE OUT ALL REQUIRED PERMITS, ARRANGE FOR ALL NECESSARY INSPECTION, AND PAY ANY FEES AND EXPENSES IN CONJUNCTION WITH THE SAME AS PART OF THE WORK UNDER THIS CONTRACT. LANDSCAPE NOTES SEEDING NOTES PLANTING NOTES ESTABLISHMENT AND MAINTENANCE GUARANTEE AND REPLACEMENTS CODES AND INSPECTION QUALITY ASSURANCE PROTECTION OF EXISTING CONDITIONS 17 - CO50 - PV16 - AF 22 - AN4 - CO24 - SH 5 - CS16 - VG 21 - CO 41 - PV7 - RA (2 EXISTING SUMAC TO REMAIN) 5 - CS14 - VGEXISTING ARBORVITAE TO REMAIN 22 - AF3 - CSI 21 - SH12 - AN13 - IV 20 - SA9 - IV20 - SH 28 - AN 9 - SA13 - AN EXISTING STONE WALL AND RIPRAP TO REMAIN EXISTING LIGHT POLE TO REMAIN, TYP 4-FT WIDE BEE LAWN FILTER STRIP WITH METAL EDGING BETWEEN BEE LAWN AND RAIN GARDEN PLANTINGS EXISTING BITUMINOUS PATH TO REMAIN DRIVEWAY EDEN PRAIRIE RDEXISTING PROPERTY LINE DWN BY: ISSUE DATE: PROJECT NO.:U:\227705174\technical\South Raingarden Files\CAD\LANDSCAPE PLAN.dwg 12/27/2022 HARDING, SARAHDESCRIPTION:DATE:ISSUE NO.:ISSUE NO.:SHEET NO.: SHEET TITLE:12/27/2022 12:55:45 PMCLIENT:PROJECT TITLE:CHK'D BY:APP'D BY: CERTIFICATION: 7500 OLSON MEMORIAL HWY SUITE 300 GOLDEN VALLEY, MN 55427 PHONE: 763-252-6800 FAX: 952-831-1268 WWW.STANTEC.COM SOUTH RAIN GARDENLANDSCAPE PLAN8107 EDEN PRAIRIE ROAD EDEN PRAIRIE, MN 5534727705174 RJB SEH SEH 12/27/2022 1 LANDSCAPE PLAN L100 DATE: I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED LANDSCAPE ARCHITECT UNDER THE LAWS OF THE STATE OF MINNESOTA. LICENSE NO.: 45592 12/27/2022 SARAH E. HARDING PROJECT 22823DOUBLE SHREDDED HARDWOOD MULCH, (3" DEPTH) MAX OR EROSION CONTROL BLANKET, SEE NOTES PERENNIAL PLANTING COMMERCIAL METAL EDGING, SEE PLAN CONTAINER GROW MATERIALS SHALL HAVE ROOTS HAND LOOSENED UPON PLANTING UNDISTURBED SUBGRADE SCARIFY SIDES AND BOTTOM OF ENTIRE BED WITH SPADE BY HAND TO BIND WITH PLANTING SOIL 6" MIN. PREPARE SOIL FOR THE ENTIRE BED PLANTING SOIL18" MIN.SEE PLAN 2 NOT TO SCALE L100 2-FT WIDE LANDING COMPACTED CLASS 5 CRUSHED LIMESTONE WITH METAL EDGING 1.LANDSCAPE WORK WILL BE INSPECTED FOR ACCEPTANCE IN PARTS AGREEABLE TO THE OWNER, PROVIDED WORK OFFERED FOR INSPECTION IS COMPLETE, INCLUDING MAINTENANCE, FOR THE PORTION IN QUESTION. 2.AT THE CONCLUSION OF THE ESTABLISHMENT AND MAINTENANCE PERIOD, WHICH WILL BE TWO YEARS FOLLOWING INITIAL INSTALLATION, A FINAL INSPECTION OF PLANTING WILL BE MADE TO DETERMINE THE CONDITIONS OF AREAS SPECIFIED FOR LANDSCAPING. 3.WHEN INSPECTED LANDSCAPE WORK DOES NOT COMPLY WITH REQUIREMENTS, REPLACE REJECTED WORK AND CONTINUE SPECIFIED MAINTENANCE UNTIL RE-INSPECTED BY OWNER AND FOUND TO BE ACCEPTABLE. REMOVE REJECTED PLANTS AND MATERIALS FROM SITE. 1.SCHEDULE AND COORDINATE WORK WITH OTHER TRADES TO FACILITATE WORK AND AVOID CONFLICTS IN CONSTRUCTION SEQUENCE AND EQUIPMENT INSTALLATION. 2.REVIEW ENTIRE PLAN SET AND COORDINATE WITH OTHER TRADES AS REQUIRED BY SEQUENCE OF CONSTRUCTION TO ENSURE PROVISION OF MAINLINE AND ELECTRICAL CONDUIT STUB-OUTS AT ALL REQUIRED LOCATIONS. INSPECTION AND ACCEPTANCE COORDINATION DWN BY: ISSUE DATE: PROJECT NO.:U:\227705174\technical\South Raingarden Files\CAD\LANDSCAPE PLAN.dwg 12/27/2022 HARDING, SARAHDESCRIPTION:DATE:ISSUE NO.:ISSUE NO.:SHEET NO.: SHEET TITLE:12/27/2022 12:55:51 PMCLIENT:PROJECT TITLE:CHK'D BY:APP'D BY: CERTIFICATION: 7500 OLSON MEMORIAL HWY SUITE 300 GOLDEN VALLEY, MN 55427 PHONE: 763-252-6800 FAX: 952-831-1268 WWW.STANTEC.COM SOUTH RAIN GARDENLANDSCAPE PLAN8107 EDEN PRAIRIE ROAD EDEN PRAIRIE, MN 5534727705174 RJB SEH SEH 12/27/2022 1 LANDSCAPE PLAN L100 DATE: I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED LANDSCAPE ARCHITECT UNDER THE LAWS OF THE STATE OF MINNESOTA. LICENSE NO.: 45592 12/27/2022 SARAH E. HARDING PROJECT 22823PROTECT EXISTING WALL PROTECT EXISTING CURB PROTECT EXISTING PIPE, FES, AND RIP RAP DOUBLE SHREDDED HARDWOOD MULCH, (3" DEPTH) MAX OR EROSION CONTROL BLANKET, SEE NOTES 3.WITHIN SOUTH RAIN GARDEN, CONTRACTOR SHALL INSTALL EROSION CONTROL BLANKET WITHIN THE BOTTOM OF THE BASIN (897.2 ELEVATION AND BELOW) IN LIEU OF HARDWOOD MULCH. 906 90 5 904 90590490 4 903 12"-15" NORWAY MAPLE 9" WALNUT 2-6" CRAB9 0 6 906 12" CATALPA 24"-36" SILVER MAPLE RIVER BIRCH (35) AL (3) IV(5) IV(5) IV(9) IV (8) IV (8) RT (7) RT (6) RT (5) RT (12) RT (9) RT (14) CV (80) BC (9) CO (2) AC (14) AC (24) AC (12) AC (6) AC (17) CV (10) CV (19) BC (29) BC(6) CO (6) OC (5) HS (7) HA (7) OC (15) MS (35) AM (42) EH (21) MS (35) EH (43) AM (36) EH (42) BC (13) MS (38) EH (31) SA (23) AT (36) LL (20) AN (53) LL (33) SA (20) AT (27) AN (16) LL EXISTING TREE TO REMAIN EXISTING TREE TO REMAIN INSTALL METAL LANDSCAPE EDGER AND SEED DISTURBED ADJACENT TURF WITH MNDOT 25-131 LOW MAINTENANCE TURF. REMOVE EXISTING RIP RAP AT CURB CUT OPENING. INSTALL ENERGY DISSIPATOR (SEE DETAIL BELOW) EXISTING TREE TO REMAIN REMOVE EXISTING RIP RAP AT CURB CUT OPENING. INSTALL ENERGY DISSIPATOR (SEE DETAIL BELOW) PROTECT EXISTING FENCE TO REMAIN PROTECT EXISTING CURB POTENTIAL CONSTRUCTION STAGING AREA, NORTHEAST OF RAIN GARDEN PROTECT EXISTING LIGHT POLE AND TREES TO REMAIN, TYP. INSTALL METAL LANDSCAPE EDGER AND SEED DISTURBED ADJACENT TURF WITH MNDOT 25-131 LOW MAINTENANCE TURF. RAIN GARDEN PLANTINGS 2'-0" 6" 1'-0" 4'-6" 8'-0" RAIN GARDEN PLANTINGS INFLOW A A' INFIELD STEPPED, )21''8/$&6721(25 &21&5(7(%/2&.68%67,787,21 (APPROXIMATELY12" X 24" X 6"H), SET ON COMPACTED CLASS 5AGGREGATE BASE EXISTING TAPERED GUTTER AT CURB CUT CURB CUT ENERGY DISSIPATOR DETAIL SECTION A - A'PLAN VIEW EXISTING FINISH GRADE EXISTING CURB SUB BASE 6" AGGREGATE BASE, CLASS 5MNDOT SPEC 2211 EDGER STEPPED, FON' DU LAC 6721(OR &21&5(7(%/2&.68%67,787,21 (6" X 24" X 12"H), SET ON END. MAINTAIN APPROXIMATELY 4-6" OF BLOCK HEIGHT ABOVE INFIELD STEPS 6" NOTE: CONTRACTOR TO SUBMIT PRODUCT DATA FOR NATURAL STONE BLOCK 25352326(' 68%67,787,21AND LAYOUT DETAIL DRAWING(S) FOR CONSTRUCTION OF THE ENERGY DISSIPATORFOR OWNER APPROVAL. 1'-0" ( IN FEET ) GRAPHIC SCALE0 1 inch = 5 ft. 5 105 NOTES 1. CONTRACTOR SHALL REMOVE EXISTING VEGETATION AND DEBRIS EXCEPT WHERE NOTED, WITHIN THE AREA OF WORK PRIOR TO PLANTING OPERATIONS. 2. SEE LANDSCAPE NOTES & DETAILS ON SHEET L100. 3. RESTORE CONSTRUCTION STAGING AREA WITH MNDOT 25-131 LOW MAINTENANCE TURF AND EROSION CONTROL BLANKET OR HYDROMULCH . DWN BY: ISSUE DATE: PROJECT NO.:U:\227705174\technical\Design\CAD\PLAN SHEETS\LANDSCAPE PLAN.dwg 12/27/2022 HARDING, SARAHDESCRIPTION:DATE:ISSUE NO.:ISSUE NO.:SHEET NO.: SHEET TITLE:12/27/2022 12:19:28 PMCLIENT:PROJECT TITLE:CHK'D BY: APP'D BY: CERTIFICATION: 7500 OLSON MEMORIAL HWY SUITE 300 GOLDEN VALLEY, MN 55427 PHONE: 763-252-6800 FAX: 952-831-1268 WWW.STANTEC.COM NORTH RAIN GARDENLANDSCAPE PLAN8107 EDEN PRAIRIE ROAD EDEN PRAIRIE, MN 5534727705174 RJB SEH SEH 12/27/2022 1 LANDSCAPE PLAN L101 DATE: I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED LANDSCAPE ARCHITECT UNDER THE LAWS OF THE STATE OF MINNESOTA. LICENSE NO.: 45592 12/27/2022 SARAH E. HARDING PROJECT 22823 PROPOSAL FORM IMPROVEMENT CONTRACT #22823 SMITH COFFEE RAINGARDENS The undersigned declares that the Specifications and all other Contract Documents as prepared for the Improvement Contract #22823 on file in the office of the City Engineer are fully understood and hereby agreed to. The undersigned further agrees that if this Proposal is accepted, the Contractor is to furnish and provide all necessary labor, materials, machinery, tools, apparatus, and all other means of construction to perform the work. All work must be completed in strict accordance with the above-mentioned Specifications and Contract Documents of Improvement Contract #22823 involving the following approximate quantities: Item Description Units Estimated Unit Price No. Quantity 1 MOBILIZATION AND SITE ACCESS LS 1 $ 1500 2 TRAFFIC CONTROL LS 1 $ 500 3 REMOVALS LS 1 $ 2500 4 AGGREGATE LANDING EA 1 $ 800 5 SEEDING AND RESTORATION LS 1 $ 1200 6 DECIDUOUS SHRUB, 5 GAL CONT EA 84 $ 62 7 PERENNIAL, 1 GAL CONT EA 1258 $ 19 8 METAL LANDSCAPE EDGING LF 256 $ 10 9 ESTABLISHMENT AND MAINTENANCE EA 8 $ 1230 SITE VISIT TOT AL BASE BID AMOUNT 10 ENERGY DISSIPATOR-Bid Alternate #1 EA 2 $ 1800 TOT AL BID AMOUNT WITH AL TERNA TE #1 Minnesota Native Landscapes Inc. FIRM Authorized S!gnature -�� Title frt\ ,J::f.., Y'-t 8740 77th Street NE Address Otsego City MN State 763-295-0010 Telephone No. Amount $ 1500 $ 500 $ 2500 $ 800 $ 1200 $ 5208 $ 23902 $ 2560 $ 9840 $ 48010 $ 3600 $ 51610 55362 Zip Note: MNL will utilize designated staging area for some equipment that can be locked down on site. Otherwise equipment will be brought back to shop at the end of the day. MNL will bring truck and trailer combos to the closest public parking area after all materials and equipment have been unloaded. MNL will attempt to utilize no more than two parking spaces during the time work crews are present. MNL will make every attempt to hold parking spaces with construction cones in the furthest corner of the parking lot from the building. In the occurrence where materials needed to be unloaded and will take up space, construction cones will be used to keep the public back from work zones. Re-Quote CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: March 7, 2023 DEPARTMENT/DIVISION: Megan Larson Public Works / Engineering ITEM DESCRIPTION: #04-5632 Approve Plan and Specifications and Order Advertisement for Bids for the Pioneer Trail Reconstruction Project ITEM NO.: VIII.G. Requested Action Move to: Adopt resolution approving plan and specifications and ordering advertisement for bids for the Pioneer Trail Reconstruction project, I.C. 04-5632. Synopsis With the assistance of HTPO, the Engineering Division has prepared plans and specifications for the Pioneer Trail Reconstruction project. Construction of the project is expected to be in the summer of 2023. Plans for the project include street and utility improvements on the old portion of Pioneer Trail (starting 400 feet west of Flying Cloud Drive to Grey Widgeon Place). The plans include new sanitary and water services to undeveloped MAC parcels (described below), curb and gutter with stormwater improvements, street and trail reconstruction, and improvements to the existing watermain. Background Information The project has been coordinated with the adjacent property owners and the Metropolitan Airports Commission (MAC). A Joint Powers Agreement with MAC was approved by the City Council on February 21, 2023, regarding easements and the construction costs associated with the utility and street costs benefitting the developable parcels owned by MAC. The two developable parcels are guided Airport – Regional Commercial and are identified as a portion of Hennepin County PID Nos. 27-116-22-13-0005 and 27-116-22-14-0001. Financial Implications The construction cost estimate for the Pioneer Trail Improvements is approximately $1.82 million. The project is funded through the pavement management fund, utility (wastewater, water, and stormwater) funds, and special assessment agreements. Attachments • Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2023- A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PIONEER TRAIL RECONSTRUCTION I.C 04-5632 WHEREAS, the City Engineer, with the assistance of Hansen Thorp Pellinen Olson, Inc., has prepared plans and specifications for the following improvements to wit: I.C. 04-5632 – Pioneer Trail Reconstruction and has presented such plans and specification to the Council for approval. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: 1) That said plans and specifications, a copy of which is on file for public inspection in the City Engineer’s Office, are hereby approved. 2) That the City Clerk shall prepare and cause to be inserted in the official paper and on QuestCDN an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for three weeks, shall specify the work to be done, shall state the date and time that the bids will be publicly opened and the City Council meeting at which they will be considered. No bids will be considered unless sealed and filed with the Engineering Division and accompanied by a cash deposit, cashier’s check, bid bond or certified check payable to the City of Eden Prairie for 5% (percent) of the amount of such bid. ADOPTED by the Eden Prairie City Council on March 7, 2023. ____________________________________ Ronald A. Case, Mayor ATTEST: SEAL ______________________________ Nicole Tingley, City Clerk CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: March 7, 2023 DEPARTMENT/DIVISION: Matt Bourne, Parks and Natural Resources Manager ITEM DESCRIPTION: Accept Proposals and Approve Agreement for the Miller Park Athletic Association Storage Build with Ram Buildings Inc. ITEM NO.: VIII.H. Motion Move to: Accept the proposals and approve the Agreement for Contracted Services with Ram Buildings Inc. for the construction of the Miller Park Athletic Association Storage Building in the amount of $118,796.00. Synopsis City staff recognized the difficulty and extraordinary expenses local youth athletic associations have been experiencing in their efforts to provide storage for equipment. Staff reached out to all associations to determine if there was interest in jointly constructing a storage facility on city property. The Eden Prairie Soccer, Basketball and Football Associations’ expressed interest. City staff then moved forward with construction designs and bidding documents. The building is painted metal with three separate areas. The location for the building is adjacent to field #8 at Miller Park. Once constructed, the city will be responsible for the building and the associations will be responsible for the contents. City staff worked with local building contractors and received proposals from two companies. The best value proposal was determined to be from Ram Buildings Inc. Attachment Agreement for Contracted Services with Ram Buildings Inc. 2017 06 01 Agreement for Contract Services This Agreement (“Agreement”) is made on the 7th day of March, 2023, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Ram Buildings, Inc., a Minnesota Corporation(hereinafter "Contractor") whose business address is 592 Industrial Drive, Winsted, MN 55395. 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 the Miller Park Athletic Association Storage Building 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 March 7, 2023. The Work shall be completed by July 31, 2023. 3. Obligations of Contractor. Contractor shall conform to the following obligations: a. Contractor shall provide the materials and services as set forth in Exhibit A. b. Contractor and its employees will park in service areas or lots and use entries and exits as designated by City. Contractor’s personnel will contact the appropriate person (i.e. receptionist, maintenance personnel, security, etc,) immediately upon entering the building, and will sign in and out if required by City. c. Care, coordination and communication by Contractor is imperative so that guests and employees in the buildings are not disturbed or inconvenienced during the performance of the contracted services. d. Contractor’s personnel must be neat appearing, wear a uniform and badge that clearly identifies them as a service contractor, and abide by City’s no smoking policies. e. Contractor must honor the City’s request to reassign an employee for cause. Cause may include performance below acceptable standards or failure to present the necessary image or attitude, in the judgment of the owner, to present a first class operation. Standard Agreement for Contract Services 2017 06 01.01 Page 2 of 12 f. When necessary, Contractor’s personnel will be provided with keys or access cards in order to perform their work. Any lost keys or cards that result in rekeying a space or other cost to the City will be billed back to the Contractor. 4. City’s Obligations. City will do or provide to Contractor the following: a. Provide access to City properties as appropriate. b. Provide restroom facilities as appropriate. 5. Compensation for Services. City agrees to pay the Contractor a fixed sum of $118,796.00 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 Standard Agreement for Contract Services 2017 06 01.01 Page 3 of 12 put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 9. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products- completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General 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 12 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 Standard Agreement for Contract Services 2017 06 01.01 Page 5 of 12 of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City’s right to enforce the terms of Contractor’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 10. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 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 12 Agreement, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Agreement, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY’S REMEDY OR THE CONTRACTOR’S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials. The Contractor shall post bonds to secure the warranties. 12. Termination. a. This Agreement may be terminated at any time by either party for breach or non- performance of any provision of this Agreement in accordance with the following. The party (“notifying party”) who desires to terminate this Agreement for breach or non-performance of the other party (“notified party”) shall give the notified party notice in writing of the notifying party’s desire to terminate this Agreement describing the breach or non-performance of this Agreement entitling it to do so. The notified party shall have five (5) days from the date of such notice to cure the breach or non-performance. Upon failure of the notified party to do so, this Agreement shall automatically terminate. b. Upon the termination of this Agreement, whether by expiration of the original or any extended term or terms hereof, or for any other reason, Contractor shall have the right, within a reasonable time after such termination to remove from City’s premises any and all of Contractor’s equipment and other property. Except for liability resulting from acts or omissions of a party, arising, taken or omitted prior to such termination, the rights and obligations of each party resulting from this Agreement 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 Standard Agreement for Contract Services 2017 06 01.01 Page 7 of 12 proceeding under any bankruptcy or insolvency law, or the service of any warrant, attachment, levy or similar process involving Contractor, City may, at its option in addition to any other remedy to which City may be entitled, immediately terminate this Agreement by notice to Contractor, in which event, this Agreement shall terminate on the notice becoming effective. 13. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and 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 01.01 Page 8 of 12 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 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. Standard Agreement for Contract Services 2017 06 01.01 Page 9 of 12 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Contractor under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Agreement shall contain similar Data Practices Act compliance language. 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. Standard Agreement for Contract Services 2017 06 01.01 Page 10 of 12 Executed as of the day and year first written above. CITY OF EDEN PRAIRIE __________________________________ Mayor ___________________________________ City Manager CONTRACTOR By: ________________________________ Its: _______________________________ Standard Agreement for Contract Services 2017 06 01.01 Page 11 of 12 Exhibit A Standard Agreement for Contract Services 2017 06 01.01 Page 12 of 12 CITY COUNCIL AGENDA SECTION: Consent DATE: March 7, 2023 DEPARTMENT / DIVISION: Jay Lotthammer, Director, Parks and Recreation ITEM DESCRIPTION: Lease Agreements for the Miller Park Athletic Association Storage Building with Eden Prairie Athletic Associations ITEM NO.: VIII.I. Requested Action Move to: Approve entering into a Lease Agreements for the Miller Park Athletic Association Storage Building with the Eden Prairie Football, Eden Prairie Basketball and Eden Prairie Soccer Associations. Synopsis City staff recognized the difficulty and extraordinary expenses local youth athletic associations have been experiencing in their efforts to provide storage for equipment. Staff reached out to all associations to determine if there was interest in jointly constructing a storage facility on city property. The Eden Prairie Soccer, Football and Basketball Associations’ expressed interest. City staff then moved forward with construction designs and bidding documents. The building is painted metal with three separate areas. The location for the building is adjacent to field #8 at Miller Park. Once constructed, the city will be responsible for the building and the associations will be responsible for the contents. A lease agreement has been created by the City Attorney and a formula based on square feet per unit has been used to calculate the amount of the lease payment and to cover most of the construction costs. The term is for seven years, resulting in full payment to the city at the beginning of the seventh year. Attachment Lease Agreement LEASE AGREEMENT THIS LEASE AGREEMENT (“Lease”) is made this ____ day of ___________, 2023, by and between the City of Eden Prairie, a Minnesota municipal corporation (hereinafter called “Landlord”), and EPBBA, Inc., a Minnesota nonprofit corporation (hereinafter called “Tenant”). RECITALS A. Landlord owns and maintains a public park known as Miller Park in Eden Prairie, which includes an area adjacent to Field #8 suitable for an equipment storage building. B. At the request of Tenant and other community athletic associations, Landlord has agreed to construct an equipment storage building at Miller Park for the use of Tenant and the other associations for equipment storage purposes (the “Equipment Shed”). C. Landlord and Tenant wish to enter into this Lease to document the terms and conditions of Tenant’s lease of 300 square feet of space in the Equipment Shed, which space is depicted on Exhibit A attached hereto (hereinafter referred to as the “Premises”). Now, therefore, for valuable consideration hereinafter contained, Landlord hereby leases unto Tenant, and Tenant hereby takes and hires the Premises, subject to the following terms and conditions: 1. Term. (i) Tenant leases the Premises from Landlord for a twenty-five (25) year term commencing on July 1, 2023 (the “Commencement Date”), and expiring on August 30, 2048 (the “Expiration Date”) (the “Term”), unless extended or sooner terminated as hereinafter provided. If construction of the Equipment Shed is delayed such that it is not available for Tenant’s use on July 1, 2023, Landlord will give Tenant written notice and in such case the Commencement Date of the Term will be the date specified in Landlord’s notice and the Expiration Date will be the date which is twenty-five (25) years after the Commencement Date. (ii) Either party may terminate this Lease prior to the Expiration Date of the Term upon ninety (90) days’ written notice to the other party. If Tenant terminates pursuant to this provision within the first seven (7) years of this Lease, upon termination Tenant will pay to Landlord the balance of the total Rent due as described in Section 2 of this Lease. (iii) The term of the Lease may be extended beyond the initial 25-year term by mutual agreement of the parties if Landlord determines that the Equipment Shed continues to be structurally viable. 2. Tenant will pay to Landlord rent for the Premises in the total amount of $17,100.00 (“Rent”), paid in seven (7) equal payments of $2,442.86 in advance on or before the Commencement Date and each anniversary thereof for the first seven (7) years of the Term of this Lease at the address of the Landlord as set forth below or such other place as the Landlord may, from time to time, designate in writing. The Rent provided for in this section is an absolute net rent to the Landlord for the leased Premises. All other obligations of Tenant under this Lease will be paid by Tenant in addition to the Rent established by this section (“Additional Rent”). 3. Nonprofit Status; Use of Premises. At all times during the Term of this Lease, Tenant must maintain its nonprofit status and operate for the purpose of providing athletic programs in the City of Eden Prairie. Tenant may use the Premises only for the purpose of storage of athletic equipment. Tenant must not perform any acts or carry on any practices which may injure the Equipment Shed. 4. Quiet Enjoyment. Landlord covenants that Tenant, on the performance of the terms and conditions of this Lease for the Term, will have the right of quiet enjoyment and use of the Premises for the Term without hindrance or interruption by Landlord or any other person claiming by or through Landlord. 5. Alteration or Improvement of Premises. Tenant may not alter, renovate or improve the Premises without the prior written consent of Landlord. Improvements that may be permitted with Landlord’s consent include storage shelves, wall hooks, wall finishings, light fixtures, etc. Any alterations, additions and improvements which may be made or installed by the Tenant will remain upon the Premises and at the termination of this Lease shall be surrendered to Landlord with the Premises. Tenant agrees it will, during the time any alterations or improvements are being made to the Premises, carry and require any contractor to carry general liability insurance and worker’s compensation insurance in accordance with applicable laws and will indemnify and save Landlord harmless from any and all liens for labor, materials, and supplies which may arise by reason of such alterations or improvements made by Tenant. If Tenant wishes the Premises to be climate-controlled, Tenant may install an HVAC system in the Premises at its sole cost and expense, subject to Landlord’s approval of plans and specifications for the HVAC system. 6. Taxes and Assessments. Landlord will pay if and when due all real property taxes, levies, and special assessments, general or special, of every kind which may become due and payable or which are to be assessed against or levied upon the Premises during the term of this Lease. 7. Insurance. Landlord will insure the Equipment Shed with the same types and coverage limits of insurance it maintains on other similar City buildings. Tenant must purchase at its own expense and keep in force during this Lease a policy or policies of: (i) “All-risk” property insurance (including fire) covering its contents and improvements to the Premises (and otherwise resulting from any acts or operations of Tenant); (ii) Commercial General Liability insurance, including personal injury and property damage, in the amount of not less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) annual general aggregate per location, covering Tenant against any losses arising out of liabilities for personal injuries or deaths of persons and property damage occurring in or about the Premises; (iii) To the extent Tenant has “employees” as defined by Minn. Stat. § 176.011, subd. 9: a. Worker’s Compensation insurance at Minnesota statutory limits, to the extent Tenant has employees; b. Employer’s Liability insurance in the amount of not less than $500,000 for each accident; and (iv) Comprehensive Automobile Liability insurance in the amount of not less than $1,000,000 combined single limit each accident (shall include coverage for all owned, hired, and non-owned vehicles). All policies must (a) name “City of Eden Prairie” as an additional insured; (b) be issued by an insurance company with a Best rating of A-VII or better and licensed to do business in the state of Minnesota; (c) provide that such insurance will not be canceled or materially modified unless the insurer endeavors to provide thirty (30) days’ prior written notice to Landlord; (d) provide primary coverage to any insurance coverage that Landlord may carry on the Equipment Shed. Certificate(s) of Insurance evidencing said policies must be delivered to Landlord upon commencement of the Lease and renewals thereof must be delivered at least thirty (30) days prior to the expiration of said insurance. Tenant may carry any insurance required under this Lease in a so called “umbrella” policy or policies of insurance covering the Premises along with other locations of Tenant, provided the applicable insurance requirements of this Lease are otherwise satisfied. In the event that Landlord determines that the insurance provided by Tenant pursuant to the terms of this Section 6 is not, in Landlord’s opinion, adequate for the protection of the Premises, Landlord may by written notice to Tenant request that Tenant obtain insurance satisfactory to Landlord. If Tenant fails within fifteen (15) days to obtain such insurance, Landlord may obtain such insurance, and any cost incurred by Landlord will be paid by Tenant as Additional Rent. 8. Maintenance, Repair, Replacement. Tenant covenants that throughout the term of this Lease, Tenant will, at its own expense, maintain the Premises and all improvements and fixtures thereon in good order and repair, and will promptly make all necessary repairs and keep the Premises in a clean, safe and sanitary condition in conformity with all applicable laws, ordinances, regulations and codes. Landlord covenants that will, at its own expense, maintain and keep in good order and repair the structural and exterior portions of the Equipment Shed, and all exterior improvements including parking areas, sidewalks, driveways, lighting, landscaping, etc. Tenant will return the Premises to Landlord at the termination of the Lease in at least as good of a condition as the Premises are in as of the commencement of the Lease. Landlord will have the right at any reasonable time to inspect the Premises. Landlord will provide Tenant with at least twenty-four (24) hours’ notice of inspection, except in the case of an emergency that requires an immediate inspection. Landlord may request that Tenant make any repairs which, in Landlord’s opinion, are reasonable and essential for the protection and maintenance of the Premises or any part thereof; if Tenant fails to commence such repairs within thirty (30) days after notice from Landlord, or such shorter time period as may be ordered to remedy a building of fire code violation, Landlord may make such repairs or cause such repairs to be made, and any expenditures for such work will be considered as Additional Rent. 9. Utilities. Landlord will provide and pay for all water, gas, electricity, and other utilities used in the Premises (“Utility Costs”), provided that if Utility Costs for any year of this Lease exceed $500, any tenant of the Equipment Shed using an HVAC system will pay its prorated share of the excess with other tenants of the Equipment Shed based on the square footage leased by each tenant using an HVAC system. Landlord will not be liable in damages or otherwise for failure to furnish such services where failure or interruption is due to causes beyond Landlord’s reasonable control. 10. Indemnification. Tenant will indemnify and hold Landlord harmless from any and all actions or causes of action, suits, liens, foreclosures, costs, expenses, taxes, damages, debts and liabilities arising out of or in any way related to Tenant’s use, occupation and operations on the Premises. This indemnification obligation of Tenant will be Additional Rent and will include, without limitation, the obligation to promptly reimburse Landlord for all reasonable fees and disbursements of counsel in connection with the matters for which Tenant has agreed to indemnify and hold Landlord harmless. 11. Surrender. On the last day of the Term of this Lease or on the sooner termination hereof, Tenant will peaceably surrender the Premises in good condition and repair, consistent with the Tenant’s duties to make repairs as provided in section 7. On or before the last day of the Term of this Lease or sooner termination thereof, Tenant will at its expense remove all of its equipment from the Premises, and any property not removed will be deemed abandoned and may be kept or disposed of by Landlord at its sole discretion. If the Premises are not surrendered at the end of the Term or on the sooner termination thereof, Tenant will indemnify the Landlord against any loss or liability resulting from delay by the Tenant in so surrendering the Premises, including without limitation claims made by any succeeding tenant founded on such delay. Tenant must promptly surrender all keys for the Premises to Landlord at the place then fixed for payment of Rent and must inform the Landlord of combinations on any locks and safes on the Premises. In no event will the Tenant be deemed to have abandoned the Premises or this Lease during the Term unless the Tenant first obtains the express written permission of Landlord. The provisions of this section will survive the termination of the Lease. 12. Holdover. In the event that Tenant continues to occupy the Premises after the expiration of the Term of this Lease, then such occupancy will create a month-to-month tenancy at will only, and will in no event be deemed a renewal of this Lease, and either party may terminate said month-to-month tenancy at will upon notice to the other party in accordance with the laws of the State of Minnesota. During any month-to-month tenancy at will, Tenant will pay as Rent for the Premises 1/12 of the annual Rent per month as it paid during the last preceding tenancy, and said month-to-month tenancy will be governed by all of the conditions, provisions and obligation of this Lease insofar as they can be applicable to a month-to-month tenancy at will. 13. Eminent Domain. If the whole or any part of the leased Premises is taken by any public authority under the power of eminent domain, or is sold to any entity having the power of eminent domain under threat of condemnation, then the term of this Lease will terminate on the date possession is required for any public purpose, and the rent must be paid up to that day. Tenant will have the right to claim against the condemning authority for the value of its leasehold estate, leasehold improvements, fixtures and moving expenses, if any. 14. Fire or Other Casualty. If the Premises are completely destroyed by fire or other casualty, either party may terminate this Lease, provided it gives written notice thereof to the other party within ninety (90) days after such destruction. If a portion of the Premises is damaged by fire or other casualty and this Lease is not terminated by either party, Landlord will, at its expense, restore the Premises, exclusive of any improvements or other changes made to the Premises by Tenant, to as near the condition which existed immediately prior to such damage or destruction as reasonably possible, and Rent will abate during such period of time as the Premises are untenantable, in the proportion that the untenantable portion of the Premises bears to the entire Premises. Landlord will not be responsible to Tenant for damage to, or destruction of any of Tenant’s furniture, trade fixtures, equipment, inventory or improvements, regardless of the cause of such damage or destruction. 15. Default. If Tenant defaults in the payment of any installment of Rent or Additional Rent, or in the observance or performance of any of Tenant’s other covenants, agreements or obligations hereunder, Landlord may, upon ten (10) days’ written notice of such default to Tenant, if such default has not been cured by Tenant, reenter into the Premises and remove all persons and property therefrom, and at its option, terminate this Lease as to all future rights of Tenant and have, regain, repossess and enjoy the Premises. Tenant hereby expressly waives the service of any additional notice in writing of intention to reenter, and also all rights to restoration to possession of the Premises after reentry or after judgment for possession thereof. In case of any such termination, Tenant will indemnify Landlord against all loss for rents and other damages which it may incur by reason of such termination during the residue of the term of this Lease, and also against all fees and disbursements of counsel incurred in enforcing any of the terms of this Lease. 16. Assignment or Subleasing. Tenant may not assign its rights under this Lease or sublease the Premises without the prior written consent of Landlord. 17. Successors and Assigns. This Lease is binding on and shall inure to the benefit of the parties and their respective successors and assigns. 18. Notices. Every notice, approval, consent or other communication authorized or required by this Lease will be effective if given in writing and (i) personally delivered, (ii) sent by United States registered or certified mail, and addressed to the Landlord or Tenant at the following addresses or such other addresses as either party may, from time to time, designate in writing. Any such notice will be deemed given as of the date delivered or postmarked. If to Landlord: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Attn: Parks and Recreation Director If to Tenant: EPBBA, Inc. P.O. Box 44535 Eden Prairie, MN 55344 Attn: _________________________ 19. Access to Premises. Landlord reserves the right to enter the Premises at reasonable hours for the purpose of assuring compliance by Tenant of all of the terms and provisions of this Lease or for the purpose of exercising rights of Landlord otherwise provided by law. 20. Subordination. Tenant agrees that, at Landlord’s election, this Lease will be subordinate to any land leases, mortgages, trust deeds, or bond obligations now on or placed on the Premises and to any and all advances to be made thereunder, and to the interests thereon, and all renewals, replacements, and extensions thereof. Tenant hereby appoints the Landlord as its attorney-in-fact to execute such documents as may be required to accomplish such subordination. 21. Amendment, Modification, or Waiver. No amendment, modification, or wavier of any condition, provision or term of this Lease will be valid or of any effect unless made in writing, signed by the party or parties to be bound or by its duly authorized representative, and specifying with particularity the extent and nature of such amendment, modification, or waiver. Any waiver by any party of any default or another party will not affect or impair any right arising from any subsequent default. 22. Savings Clause. In case any one or more of the provisions contained in this Lease is for any reason be held to be invalid, illegal, or unenforceable in any respect, the parties agree to cooperate with one another to achieve the intended purpose of this Lease. 23. Entire Agreement. This Lease contains the entire understanding of the parties with respect to the transactions contemplated and supersedes all prior agreements and understandings between the parties with respect to such subject matter. No representations, warranties, undertakings, or promises, whether oral, implied, written, or otherwise, have been made by either party to the other unless expressly stated in this Lease or unless mutually agreed to in writing between the parties after the date of this Lease, and neither party has relied on any verbal representations, agreements, or understandings not expressly set forth in this Lease. 24. Captions, Headings or Titles. All captions, headings, or titles in the sections of this Lease are inserted for convenience or reference only and do not constitute a part of this Lease as a limitation of the scope of the particular sections to which they apply. 25. Governing Law. This Lease will be construed and enforced in accordance with the laws of the State of Minnesota. 26. Force Majeure. If Tenant is delayed, or hindered, or prevented from the performance of any act required under this Lease by reason of riots, insurrection, war, or acts of God, then performance of the act will be excused for the period of delay, and the period for performance will be extended for a period equivalent to the period of delay. [signatures on following page] IN WITNESS WHEREOF, the parties hereto have executed this Lease the day and year first above written. LANDLORD: City of Eden Prairie By______________________________________ Ronald A. Case, Mayor By______________________________________ Rick Getschow, City Manager TENANT: EPBBA, Inc. By_______________________________________ Its_______________________________________ EXHIBIT A Site Plan CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: March 7, 2023 DEPARTMENT/DIVISION: Matt Bourne, Parks and Natural Resources Manager ITEM DESCRIPTION: Approve Contract for Goods and Services with Tree Trust for facilitating the Arbor Day Tree Sale ITEM NO.: VIII.J. Motion Move to: Authorize Entering into a Contract for Goods and Services with Tree Trust for facilitating the Arbor Day Tree Sale at an amount not to exceed $21,563.36. Synopsis The City has been using Tree Trust to facilitate our annual Arbor Day Tree Sale for the last three years. Each year, Tree Trust has been able to coordinate the purchase and sale of trees for this extremely popular event to Eden Prairie residents. The event has been so popular, staff is now proposing to increase the number of trees available for purchase from 150 to 200 trees. Hopefully this number will meet more of the demand from our residents. Attachment Contract for Goods and Services – Tree Trust 2017 06 10 Contract for Goods and Services This Contract (“Contract”) is made on the 7 day of March, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Tree Trust, a Minnesota organization (hereinafter "Vendor") whose business address is 1419 Energy Park Drive St. Paul, MN 55108. 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 a 2023 Tree Sale 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 May 1, 2023. 3. Compensation for Services. City agrees to pay the Vendor a fixed sum of $21,563.36 with total payments not to exceed $21,563.36 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. Staffing. The Vendor has designated Megan Christel to perform the Work. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Vendor may not remove or replace the designated staff without the approval of the City. 6. 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. 2023 Tree Sale Contract Page 2 of 7 7. 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 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.) 8. 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. 9. 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. 10. 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. 11. 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. 12. 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. 2023 Tree Sale Contract Page 3 of 7 13. 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. 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 2023 Tree Sale Contract Page 4 of 7 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. 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 2023 Tree Sale Contract Page 5 of 7 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 ___________________________________ Ronald A. Case, Mayor Date ___________________________________ Rick Getschow, City Manager Date VENDOR By: ________________________________ Its: _______________________________ Date: _______________________________ 2023 Tree Sale Contract Page 6 of 7 Exhibit A 2023 Tree Sale Specifications: 1. Grading Standards: Grading standards shall conform to the American Nursery and Landscape Association as published in “American Standard for Nursery Stock” (ANSI Z60.1-2014). No substitution of grade of tree shall be permitted without written permission form the City. 2. Certificates and Documents: The Vendor shall meet and comply with all federal, state, and local regulations and requirements involving the nursery stock provided to the City. This includes obtaining inspection certificates, quarantine compliance documents, and any special inspections that may be required. The Vendor shall be appropriately certified or licensed in the State of Minnesota. 3. Tree Quality: Trees must meet the quality and condition standards set for in the “American Standard for Nursery Stock” (ANSI Z60.1-2014). 4. The Vendor is to purchase trees in #7 or #10 containers as follows: • Blue beech (20) • Kentucky coffeetree (20) • Hackberry (20) • Bur oak (20) • Redbud (20) • Autumn Brilliance Serviceberry (20) • Eastern Red Juniper (20) • White pine (20) • White oak (20) • Evans Bali Cherry (20) 5. Any change in variety or species must be pre-approved by the City. 6. Upon the completion of all work, email, mail, or deliver invoices to: Karli Cich (Wittner) Attn: Forestry Division City of Eden Prairie Parks and Natural Resources 15150 Technology Dr., Eden Prairie, MN 55344 -Or- kcich@edenprairie.org 2023 Tree Sale Contract Page 7 of 7 7. The Vendor is responsible for all items listed below in the 2023 Tree Sale Budget: 2023 Tree Sale Budget Revenue Tree Revenue @ $45 per tree (200 Trees) $9,000.00 Expense Materials Tree Cost (200 Trees) & Delivery $24,298.00 Mulch (includes mulch and mulch delivery) $884.00 Transportation Materials (twine, burlap, flagging) $51.71 Staff Time Project Management $2,960.18 Day of facilitation $1,985.98 Contracting Shopify Fees (2.9% + $0.30/transaction) $383.49 Total City Cost $21,563.36 CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: March 7, 2023 DEPARTMENT/DIVISION: Jay Lotthammer, Director, Parks and Recreation ITEM DESCRIPTION: Hennepin Youth Sports Grant Proposal – Soccer Goals ITEM NO.: VIII.K. Requested Action Move to: Adopt the resolution authorizing staff to submit a grant request to the Hennepin Youth Sports Grant Program for Two (2) Sets of Soccer Goals. Synopsis Hennepin County is seeking local government units (LGU) interested in developing facilities for amateur sports or recreation. Legislation authorizing the building of the new Twins stadium allows Hennepin County to grant up to $2 million dollars each grant cycle to Hennepin County communities to assist with developing these facilities. These grants will be made through the Hennepin Youth Sports Program. To apply for the grant, it must be submitted by a local government organization and a council resolution authorizing the submission of the grant application is required. Staff would complete the application and oversee the construction if the award is successful. The estimated cost of the project is $7,865.00. Background The purpose of these grants is to allow municipalities, park districts and school districts to create, expand or improve sport or recreational facilities to enhance opportunities for athletics and recreation. No grant awards may be used for ongoing expenses, such as programming services or operating and maintaining the facilities. The criteria considered in evaluating grant applications includes need for the facility, including recognizing that many changes in youth sports and activities have occurred in the more densely populated cities of Hennepin County, equitable distribution throughout the county, leveraging non‐Hennepin County funds and in‐kind contributions, sustainability, including ongoing operating funds and inclusion of environmental improvements. If awarded, these grant funds will be used at the Miller Park soccer fields to purchase new soccer goals, replacing the current goals that are starting to show ware and have developed safety issues that have required repair. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA Equipment Grant – Resolution of Local Government Unit WHEREAS, the Hennepin County Board of Commissioners, via the Hennepin Youth Sports Program, provides for capital funds to assist local government units of Hennepin County for the development of sports or recreational facilities, and WHEREAS, the City of Eden Prairie (local government unit, hereinafter LGU) desires to purchase four (4) soccer goals for the Miller Park soccer fields. (hereinafter PROJECT). NOW, THEREFORE BE IT RESOLVED by the Eden Prairie City Council of the LGU: I. The estimate of the total cost of the PROJECT shall be $7,865.00. The LGU is requesting $5,000 from the Hennepin Youth Sports Program and will assume responsibility for providing matching funds of $2,865.00. II. The City of Eden Prairie is the owner of the property where the PROJECT is located. The City of Eden Prairie will own the property where PROJECT is located for at least the functional life of the facility, which is estimated to be twenty (20) years. The PROJECT may not be converted to a non-public or non-recreational uses within this time period without the approval of Hennepin County. [NOTICE: If the LGU will not be the owner of the property, a Covenant between the LGU and the owner must be executed. Please refer to other program materials for the requirements of the covenant.] III. The City of Eden Prairie agrees to assume one hundred (100) percent of operational and maintenance costs for PROJECT. The City of Eden Prairie will operate PROJECT for its intended purpose as stated in the PROJECT application for the functional life of the facility. IV. LGU agrees to enter into necessary and required agreements with Hennepin County for the specific purpose of developing PROJECT and managing its long-term operation. V. That the Park and Recreation Director are authorized and directed to execute the application for the Hennepin Youth Sports Program grant. CERTIFICATION I hereby certify that the foregoing resolution is a true and correct copy of the resolution presented to and adopted by the Eden Prairie City Council at a duly authorized meeting thereof held on the 7th day of March, 2023, as shown by the minutes of said meeting in my possession. ADOPTED by the Eden Prairie City Council on this 7th day of April, 2023. Ronald A Case, Mayor ATTEST: Nicole Tingley, City Clerk CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: March 7, 2023 DEPARTMENT/DIVISION: Jason Goblirsch, Parks Construction Supervisor, Parks and Recreation ITEM DESCRIPTION: Hennepin Youth Sports Grant Proposal – Play Structures ITEM NO.: VIII.L. Requested Action Move to: Adopt the resolution authorizing staff to submit a grant request to the Hennepin Youth Sports Grant Program for play structures. Synopsis Hennepin County is seeking local government units (LGU) interested in developing facilities for amateur sports or recreation. Legislation authorizing the building of the new Twins stadium allows Hennepin County to grant up to $2 million dollars each grant cycle to Hennepin County communities to assist with developing these facilities. These grants will be made through the Hennepin Youth Sports Program. To apply for the grant, it must be submitted by a local government organization and a council resolution authorizing the submission of the grant application is required. Staff would complete the application and oversee the construction if the award is successful. The estimated cost of the project is $160,000.00. Background The purpose of these grants is to allow municipalities, park districts and school districts to create, expand or improve sport or recreational facilities to enhance opportunities for athletics and recreation. No grant awards may be used for ongoing expenses, such as programming services or operating and maintaining the facilities. The criteria considered in evaluating grant applications includes; need for the facility, including recognizing that many changes in youth sports and activities have occurred in the more densely populated cities of Hennepin County, equitable distribution throughout the county, leveraging non‐Hennepin County funds and in‐kind contributions, sustainability, including ongoing operating funds and inclusion of environmental improvements. If awarded, these grant funds will be used at Round Lake West to replace the play equipment and timber curbing around the play structure with updated concrete curbing. These funds will also be used at Willow Park to replace the play equipment. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA Playground Grant – Resolution of Local Government Unit WHEREAS, the Hennepin County Board of Commissioners, via the Hennepin Youth Sports Program, provides for capital funds to assist local government units of Hennepin County for the development of sports or recreational facilities, and WHEREAS, the City of Eden Prairie (local government unit, hereinafter LGU) desires to develop Round Lake West Park & Willow Park Playground Equipment Rehabilitation (name of project, hereinafter PROJECT). NOW, THEREFORE BE IT RESOLVED by the Eden Prairie City Council of the LGU: I. The estimate of the total cost of developing PROJECT shall be $160,000. The LGU is requesting $50,000 from the Hennepin Youth Sports Program and will assume responsibility for providing matching funds of $135,000. II. The City of Eden Prairie is the owner of the property where the PROJECT is located. The City of Eden Prairie will own the property where PROJECT is located for at least the functional life of the facility, which is estimated to be twenty (20) years. The PROJECT may not be converted to a non-public or non-recreational uses within this time period without the approval of Hennepin County. [NOTICE: If the LGU will not be the owner of the property, a Covenant between the LGU and the owner must be executed. Please refer to other program materials for the requirements of the covenant.] III.The City of Eden Prairie agrees to assume one hundred (100) percent of operational and maintenance costs for PROJECT. The City of Eden Prairie will operate PROJECT for its intended purpose as stated in the PROJECT application for the functional life of the facility. IV.LGU agrees to enter into necessary and required agreements with Hennepin County for the specific purpose of developing PROJECT and managing its long-term operation. V.That the Park and Recreation Director are authorized and directed to execute the application for the Hennepin Youth Sports Program grant. CERTIFICATION I hereby certify that the foregoing resolution is a true and correct copy of the resolution presented to and adopted by the Eden Prairie City Council at a duly authorized meeting thereof held on the 7th day of March, 2023, as shown by the minutes of said meeting in my possession. ADOPTED by the Eden Prairie City Council on this 7th day of March, 2023. Ronald A Case, Mayor ATTEST: Nicole Tingley, City Clerk CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: March 7, 2023 DEPARTMENT / DIVISION: Administration Rick Clark, Facilities ITEM DESCRIPTION: Round Lake Card Access and Camera Security ITEM NO.: VIII.M. Requested Action Move to: Award the contract to Paladin Technologies Inc. to install card access and camera security into the Round Lake Park Shelter for $69,800 Synopsis The City of Eden Prairie participates in the State of Minnesota Cooperative Purchasing Venture (CPV). Paladin Technologies was awarded contract S-1006(5) on December 1st, 2022. 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. Paladin Technologies formerly known as VTI is the City’s existing preferred vendor for card access and camera security systems. Background With the upcoming Round Lake Reconstruction staff has worked with Paladin Technologies for installation and programming of card access and camera systems. This will allow programming of the building for rental and bathroom use while limiting access to other parts of the building as needed. The camera system also allows for recording and visibility to our dispatch. Funding for this project is part of Park & Rec’s Capital Improvement Plan. Attachment Standard Construction Contract with Paladin Technologies CITY COUNCIL AGENDA SECTION: Ordinances and Resolutions DATE: 03/07/2023 DEPARTMENT/DIVISION: Community Development/Planning Julie Klima/ Beth Novak-Krebs ITEM DESCRIPTION: Eden Prairie Multifamily ITEM NO.: IX. A. Requested Action Move to: • Adopt a Resolution Denying the Applications of Ryan Companies for a Comprehensive Plan Amendment, Planned Unit Development Concept Review, Planned Unit Development District Review with Waivers, Zoning Change, Site Plan, and Preliminary Plat for the Eden Prairie Multifamily Project Synopsis The applicant submitted applications 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 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 applications include Guide Plan Change, PUD Concept Review, PUD District Review with Waivers, Zoning Change, Site Plan, and Preliminary Plat. The City Council held a public hearing on the project on August 16, 2022 and directed staff to prepare findings for denial of the applications. A resolution with findings for denial of the applications and the plans dated August 9, 2022 is attached for the Council’s consideration. Attachments 1. Resolution Denying the Applications CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2023- RESOLUTION DENYING THE APPLICATIONS OF RYAN COMPANIES FOR COMPREHESIVE GUIDE PLAN CHANGE FROM OFFICE TO MEDIUM HIGH DENSITY RESIDENTIAL, REZONING FROM RURAL TO RM-2.5, PLANNED UNIT DEVELOPMENT CONCEPT REVIEW, PLANNED UNIT DEVELOPMENT DISTRICT REVIEW WITH WAIVERS, SITE PLAN REVIEW, AND PRELIMINARY PLAT ON 7.01 ACRES FOR THE PROPOSED EDEN PRAIRIE MULTIFAMILY PROJECT WHEREAS, on March 31, 2022, the City of Eden Prairie received from Ryan Companies (the “Applicant”), a land use development application requesting approval of a Comprehensive Plan Amendment, Rezoning from Rural to RM-2.5, Planned Unit Development (“PUD”) Concept Plan Review, a PUD District Review with waivers, a Site Plan Review, and a Preliminary Plat (the “Applications”) for the proposed project known as Eden Prairie Multifamily, to be located on approximately 7.01 acres of land (the “Property”) located in the northwest quadrant of the intersection of Valley View Road and Topview Road, Eden Prairie, MN 55344 (the “Project”); WHEREAS, the Project proposes a 5-story, 211-unit multifamily residential rental building; WHEREAS, the Planning Commission held a public hearing on the Applications on June 27, 2022 and voted to recommend approval of the Project; WHEREAS, the City’s Comprehensive Plan, Aspire Eden Prairie 2040, was adopted by the City Council on October 1, 2019 (the “Comprehensive Plan”); WHEREAS, the Property is currently guided Office by the Comprehensive Plan; WHEREAS, Eden Prairie City Code Chapter 11 contains the City’s zoning ordinances; WHEREAS, the Property is currently located in the Rural (“R”) Zoning District; WHEREAS, City Code Chapter 11, Section 11.40, includes a process and criteria for approval of PUDs; WHEREAS, City Code Section 11.40, Subdivision 11 lists the following findings necessary for approval of a PUD: A. The proposed development is not in conflict with the goals of the Guide Plan of the City. B. The proposed development is designed in such a manner to form a desirable and unified environment within its own boundaries. 2 C. Any exceptions to the standard requirements of this chapter and Chapter 12 of this Code are justified by the design of the development. D. The PUD is of composition and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit, and the PUD shall be consistent with an approved PUD Concept. WHEREAS, City Code Section 11.03 Subdivision 6.E provides standards and provisions that must be evaluated by the City when considering approval of a Site Plan; WHEREAS, City Code Chapter 12 contains the City’s subdivision ordinance and includes design standards and criteria for evaluating a preliminary plat application; WHEREAS, the City adopted Design Guidelines on December 6, 2016, which apply to all proposed developments in the City; WHEREAS, the City Council considered the Applications for the Project at its meeting on August 16, 2022. The City Council considered all of the information presented by the Applicant before the Planning Commission and the Council, the staff report, and citizen comments submitted prior to and at the public hearings, which are incorporated by reference into this resolution; and WHEREAS, the City Council directed staff to prepare Findings of Fact for denial of the Project. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that the following Findings of Fact and Decision are hereby adopted: FINDINGS OF FACT I. Comprehensive Plan Amendment 1. The Comprehensive Plan was adopted in accordance with the procedures and requirements of Minnesota Statutes Sections 462.355 and 473.858. As required by Minnesota law, the Comprehensive Plan contains the “objectives, policies, standards and programs to guide public and private land use, development, redevelopment and preservation for all lands and waters within” the City. Minn. Stat. § 473.859, subd. 1. 2. The Comprehensive Plan is the City’s official policy document that, among other things, guides land use and development in the City and serves as the framework for the City’s zoning and subdivision regulations. 3. Chapter 3 of the Comprehensive Plan contains the City’s Land Use & Development Plan (“Land Use Plan”), which provides the framework for future planning decisions and “seeks to promote balanced growth and retain an appropriate mix of land uses while enhancing housing opportunities and preserving natural areas to 3 ensure that investment and growth is both economically and environmentally sustainable.” The goals expressed in the Land Use Plan were formulated after the City received community input through various methods of outreach, including surveys and focus groups. 4. One of the specific goals of the Land Use Plan is to “continue to develop the City in accordance with the Comprehensive Plan,” with the objective of ensuring “that all future development and redevelopment will reflect the elements of the Comprehensive Plan and a consistent development policy.” 5. The Land Use Plan guides all land within the City into one of 19 land use categories that “are a result of reviewing and analyzing existing land uses and local area plans, planned infrastructure, and the vision established by the Eden Prairie community.” 6. The Comprehensive Plan guides the Property as “Office.” This land use designation is intended to accommodate offices and business parks that are “prominent features along major roadways.” 7. The Applicant’s proposed use of the Property for multifamily housing is inconsistent with this Office guide designation. Applicant requests a reguiding of the Property from Office to Medium High Density Residential. The Medium High Density Residential designation “significantly increases density in certain neighborhoods by including multifamily housing options.” 8. The reguiding requested by Applicant is not consistent with the City’s development goals as expressed by the Comprehensive Plan because it would result in an undesirable and unbalanced mix of land uses in the area of the Property. The parcels surrounding the Property include commercial and office uses to the west and south, and single-family residential neighborhoods to the north and east. Introducing a higher-density residential development into the area would be contrary to the Comprehensive Plan’s goals of promoting balanced growth and retaining an appropriate mix of land uses. 9. The Property adjoins Valley View Road, which serves as an exit off of I-494 and is a busy “A-Minor Arterial” road as designated by Chapter 6 of the Comprehensive Plan. These roads “emphasize mobility over land access” and usually include “major business concentrations and other important traffic generators.” One of the transportation goals of the Comprehensive Plan is to “[p]rovide a safe and efficient roadway system that balances mobility, access, and the diverse needs of transportation system users.” 10. The reguiding requested by Applicant is not consistent with these transportation goals. A medium-high density residential land use generates more emergency service calls as compared to an office use. In 2022, three multifamily residential buildings in the City similar in size to the proposed Project generated 14, 15, and 20 fire service calls, respectively. In contrast, two office buildings similar to what would be permitted under the Property’s current guiding generated 2 and 3 fire 4 service calls, respectively. Increasing the number of emergency trips will negatively impact traffic and safety along Valley View Road due to the need for large fire apparatus and other emergency vehicles to cross the atypical mountable median or preempt the traffic signal controller in order to make a U-turn at the intersection of Valley View Road and Topview Drive to provide responders exclusive right-of-way to the site. 11. The proposed single right-in/right-out access point onto Valley View Road will result in residents making U-turns at the Topview Drive intersection in order to access the site. Neighbors of the proposed Project gave concrete factual testimony about the existing traffic conditions at the Valley View Road/Topview Drive intersection and how the Project is likely to encourage U-turns and exacerbate existing safety concerns at the intersection. 12. Amending the Comprehensive Plan to reguide the Property to allow Applicant’s proposed use is inconsistent with the community-supported land use goals that were carefully considered and expressed by the Council when it adopted the Comprehensive Plan. The requested amendment would have a negative impact on the integrity of the Comprehensive Plan and on the public health, safety, morals, and general welfare of the City. II. Rezoning 13. Applicant requests a rezoning of the Property from Rural to RM-2.5. The Council may not adopt an amendment to the zoning ordinance that is in conflict with the Comprehensive Plan. Minn. Stat. § 473.858, subd. 1. 14. As discussed above in Section I, the Comprehensive Plan guides the Property for Office use. Rezoning the Property to the Multi-Family Residential District (RM- 2.5) would conflict with the Comprehensive Plan. 15. Given the current Office guiding, the only permissible rezoning of the Property is to the Office Zoning District. Applicant does not request such rezoning. 16. Even if the Council were to approve Applicant’s requested amendment to the Comprehensive Plan, Applicant’s rezoning request to RM-2.5 is submitted only in conjunction with its request for PUD waivers. As discussed below in Section III, because the requested waivers to the standards in the RM-2.5 district are not justified, the rezoning request is denied. III. Planned Unit Development Review 17. The purpose of the City’s PUD ordinance is to: (1) Encourage a more creative and efficient approach to the use of land in the City; (2) Allow variety in the types of environment available to the people of the City; 5 (3) Encourage more efficient allocation and maintenance of privately controlled common open space through the distribution of overall density of population and intensity of land use where such arrangement is desirable and feasible; and (4) Provide the means for greater creativity and flexibility in environmental design than is provided under the strict application of the provisions of this chapter and Chapter 12 (relating to Subd.s) of this Code while at the same time preserving the health, safety, order, convenience, prosperity, and general welfare of the City and its inhabitants. (City Code § 11.40, subd. 4) Conflict with the Comprehensive Plan 18. To approve a PUD, City Code § 11.40, subd. 11.A, requires that the Council find that the Project is not in conflict with the goals of the Comprehensive Plan. 19. For the reasons discussed above in Section I, the Project is in conflict with the land use and safety-related transportation goals of the Comprehensive Plan. Desirable and Unified Environment 20. To approve a PUD, City Code § 11.40, subd. 11.B, requires that the Council find that the Project is designed in such a manner to form a desirable and unified environment within its own boundaries. 21. Due to the size and topography of the Property and the size of the building proposed by the Applicant, the Project is unable to provide the minimum number of parking stalls required by City Code. Applicant therefore proposes to provide visitor parking for the building through a written agreement with the owner of the adjacent property for use of that property’s parking lot for visitors. The Council’s findings regarding parking are discussed in greater detail in Finding 27 below. 22. Relying on an adjacent property to meet the parking needs of the Project does not promote a unified environment within the Project’s own boundaries. The use of off- site parking to meet the minimum required parking spaces for a project is not permitted by the City Code. The use of adjacent property for visitor parking is likely to have a negative impact on the safety and accessibility of the Project. 23. The Project is not designed in such a manner to form a desirable and uniform environment within its own boundaries because it is unable to provide sufficient on-site parking. Justifications for Exceptions to Standard Requirements 24. To approve a PUD, City Code § 11.40, subd. 11.C, requires that the Council find that any exceptions to the standard requirements of Chapter 11 and Chapter 12 are justified by the design of the development. 6 25. Even assuming the Comprehensive Plan amendment and the rezoning to RM-2.5 were approved, the proposed Project requests waivers to several standard requirements of Chapter 11 through a PUD, including density, building height, signage, wetland structure setbacks, and parking. 26. The density and building height waivers requested are not justified by the design of the development. Applicant is attempting to fit a large building onto a site with significant physical constraints, including rolling topography and a wetland that reduces the buildable area of the site. A. Density: City Code § 11.03, subd. 2.A.2 provides that the maximum gross density permitted in the RM-2.5 District is 17.4 units per acre. Applicant requests a waiver to allow density of 30 units per acre. This increased density of nearly twice that permitted by City Code is not justified given the size, topography, and other physical constraints of the Property. The increased density is further not justified as evidenced by the lack of parking provided on the site, as discussed below in Finding 27. B. Building Height: City Code § 11.03, subd. 2.B (Table 1) provides a maximum main structure height of 45 feet in the RM-2.5 District. The Applicant requests a waiver to allow a building height of 64.76 feet. This waiver is not justified by any other aspect of the development. The proximity of the Property to neighboring residential uses with sightlines directly onto the roof of the proposed building does not justify the requested increase in height. If properly rezoned according to the current guiding, an office use on the Property would be limited to 30 feet, less than half of the height sought by the Applicant. 27. The physical characteristics of the Property and the proposed density of the Project require significant waivers from City Code requirements related to parking: A. Parking Stalls: For the RM-2.5 District, City Code § 11.03, subd. 3.H.4 requires 1 parking stall per studio or efficiency unit and 2 parking stalls per any other unit, half of which must be enclosed. The Project therefore requires 388 total parking stalls with 194 enclosed. The most viable option proposed by Applicant requires a waiver to allow 337 total stalls, with 272 current stalls (119 underground and 153 surface stalls) and 65 “proof of parking” stalls. The Council finds that this requested waiver—to provide only 70% of the current required parking stalls—is inadequate to supply the parking needed for the anticipated number of residents of the Project and their visitors. The City’s experience with other higher density residential projects indicates that providing adequate parking is crucial to ensure the accessibility of the site and the safety of residents and guests. There are no public transit opportunities within reasonable walking distance of the Property, which 7 will likely result in most residents of the Project owning and needing to park a vehicle. There is a bus stop at the corner of Valley View Road and Prairie Center Drive, which is approximately ¼ mile from the proposed building, but routes at that stop are limited. The new Southwest LRT station is more than ¾ of a mile from the Property and will not provide a convenient transit option for residents. Further, the ratio of residential units to parking stalls proposed by the Applicant is lower than the ratio proposed and approved for other recent projects. Applicant has not given sufficient assurances that its proposed number of parking stalls will be adequate to meet the needs of the Project. There is no street parking available in the area to off-set the parking shortage. B. Off-Street Parking: City Code § 11.03, Subd. 3.H.5(d) requires that off- street parking facilities be located on the same parcel of land as the structure they are intended to serve. Applicant requests a waiver to allow visitor parking to be provided on the property to the west of the Property so that resident parking can be maximized on site. This waiver is not justified by the design of the development. The proposed off-site parking on the neighboring property is approximately 800 feet from the from the entrance to the proposed building. This poses problems from an accessibility standpoint and it is unreasonable to expect visitors to walk such a distance. Further, Applicant indicates that any such agreement with the neighboring property owner would provide only for evening and weekend parking, and that the owner would retain the right to discontinue the agreement if the neighboring property is redeveloped. This limited usage and uncertainty in the agreement renders such an arrangement an unsuitable solution to the parking issues for the Project. A. Parking Stall Size: City Code § 11.03, Subd. 3.H.3(d) requires parking stalls to be at least 9’ wide by 18’ deep. Applicant requests a waiver to allow 14 “compact” stalls in the underground parking structure that would not meet this minimum size requirement. The Council does not have specific concerns with this waiver, but notes that it is necessitated by the other unsolved and significant parking shortage issues addressed in the other waiver requests. B. Proof of Parking: City Code § 11.03, Subd. 3.H.6(d) allows no more than 15% of required parking stalls to be “proof of parking” stalls to be constructed at a later date, provided that an applicant demonstrates that the proposed development does not require the amount of parking required under City Code, among other conditions. Applicant requests a waiver to allow 16.7% of the required stalls as “proof of parking.” 8 The Council finds that, in conjunction with all of the other requested parking-related waivers, this waiver is not justified by the design of the development. The proof of parking provision in City Code is intended to be a limited accommodation when an applicant has shown that a proposed development does not require the amount of parking required under City Code. Given the significant parking constraints on the City, allowing more than the 15% proof of parking is not warranted. 28. The parking requirements in City Code are intended to ensure that uses are self- contained and that adequate parking space is available for residents and visitors. Applicant’s proposal is to provide on-site, at the outset of the Project, only 70% of the parking stalls required by City Code. This number of parking stalls is inadequate for the size and density of the building, and the requested waivers are not justified by the design of the development. 29. The waivers sought by Applicant request flexibility from numerous requirements of City Code. The design of the development does not justify the requested waivers. The design does not provide for adequate parking or minimize impacts on neighboring properties. Granting the waivers and flexibility from the performance standards is inconsistent with the Comprehensive Plan and does not provide public benefit to justify granting the request. Composition and Arrangement of PUD 30. To approve a PUD, City Code § 11.40, subd. 11.D, requires that the Council find that the PUD is of composition and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence on any subsequent unit, and the PUD is consistent with an approved PUD Concept. 31. The Project does not include any subsequent phases or units, and therefore this factor is not particularly relevant. For the various reasons stated above in these findings, however, the PUD Concept for the Property is not approved. The PUD is therefore not consistent with an approved PUD Concept. IV. Site Plan 32. City Code § 11.03, subdivision 6.E, contains standards and provisions applicable to the City’s evaluation of a site plan and architectural design review application, including consistency with the Comprehensive Plan and the City’s zoning and subdivision ordinances, transitions between differing land uses, provision for safe and convenient vehicle and pedestrian traffic, and compliance with the City Design Guidelines. 33. The site plan for the Project is not consistent with the land use and safety-related transportation goals of the City’s Comprehensive Plan. As identified in Section I above, the proposed height and density of the Project conflicts with the current guiding of the Property and does not promote an appropriate mix of land uses or a safe and efficient transportation system. 9 34. The site plan for the Project is not consistent with the City’s zoning and subdivision ordinances because it requires rezoning and waivers from the standard requirements and provisions of those ordinances. 35. The site plan does not provide for a smooth transition between the proposed building and the surrounding single-family residential neighborhoods. Because of the significant density and building height proposed for the Project, sight lines from neighboring properties will be impacted by the building. 36. The site plan does not make adequate provision for safe and convenient vehicle and pedestrian traffic. As discussed in Section III above, the Project does not include sufficient parking spaces for residents and visitors. The proposal to provide off-site parking at a neighboring property will have negative impacts on the accessibility of the Project and the safety of pedestrians walking to and from the off-site parking. 37. The Project is not consistent with the goals and objectives of the City’s Design Guidelines. The Project does not relate well to the surrounding context. The Project is located close to the existing residential development and will have a negative visual impact on neighboring properties. Functionally the Project is not of high quality because the density and design of the Project creates significant parking shortages. 38. The Project is further not consistent with the City’s Design Guidelines because the height, massing, and proportion of the building does not fit on the site. The site constraints coupled with the size of the building creates problems with wetland setbacks, parking, and visibility from adjacent neighborhoods. While the pitched roof proposed by the Applicant is similar to the roof styles in the adjacent residential neighborhood, in this case it adds more height to the building and is not consistent with other surrounding developments. 39. For projects having more than 200 dwelling units, the Minnesota State Fire Code requires two separate access roads for fire and emergency equipment. The site plan for the Project does not provide for these two access points due to the topography and wetlands on the site. While this access requirement can be waived by the Fire Department, the Council finds that this lack of compliance with Fire Code requirements provides further evidence that the site plan is contrary to the health, safety, and welfare of the residents of the City and potential residents of the Project. V. Preliminary Plat 40. City Code § 12.04, subd. 5.C, provides that a preliminary plat may not be approved if the Council makes any of the following findings (among other factors): that the proposed subdivision is in conflict with the City’s Comprehensive Plan and zoning regulations; that the site is not physically suitable for the proposed density of development; or that the design of the subdivision or the type of improvements will be detrimental to the health, safety, or general welfare of the public. 10 41. As noted above in Section I, the proposed subdivision is in conflict with the land use goals of the City’s Comprehensive Plan. 42. The Project site is not physically suitable for the proposed density of development. The site contains rolling topography, steep slopes, and a wetland that reduce the buildable area of the site. To overcome these physical challenges while meeting its desired density, the Applicant is proposing a building that is nearly twenty feet higher than that permitted by City Code and that will not contain adequate parking facilities for residents and guests. 43. The design of the proposed subdivision and the type of improvements proposed will be detrimental to the health, safety, or general welfare of the public. As discussed above, the density and design of the Project is not suitable for the site and is not in the best interests of the City. The negative impacts on neighboring properties, emergency response, aesthetics, and safety that can reasonably be anticipated to result from the Project have a detrimental impact on the health, safety, and general welfare of the residents surrounding the Project as well as the community as a whole. DECISION Based upon the above findings of fact, the Council hereby denies the Applications for Comprehensive Guide Plan Change, Rezoning, PUD Concept Review, PUD District Review with waivers, Site Plan Review, and Preliminary Plat for the Eden Prairie Multifamily Project. ADOPTED by the Eden Prairie City Council this 7th day of March, 2023. ____________________________________ Ronald A. Case, Mayor ATTEST _______________________________ Nicole Tingley, City Clerk CITY COUNCIL AGENDA SECTION: Ordinances and Resolutions DATE: March 7, 2023 DEPARTMENT/DIVISION: City Manager ITEM DESCRIPTION: Ordinance Amending City Code Chapter 2.23, Subd. 3, Relating to Membership Range for the Heritage Preservation Commission and the Parks, Recreation, and Natural Resources Commission ITEM NO.: IX.B. Requested Action Move to: Approve First and second Reading of an Ordinance Amending City Code Section 2.23, Subd. 3, relating to the membership range for the Heritage Preservation Commission and the Parks, Recreation, and Natural Resources Commission Synopsis Currently, the membership of the Heritage Preservation Commission is set at seven members. Adjusting the Heritage Preservation Commission to a range of seven to nine members, instead of seven members, will provide the City Council with more community engagement and flexibility in making appointments to this Commissions each year. Additionally, the current membership of the Parks, Recreation, and Natural Resources Commission is set at seven to nine members. Adjusting the Parks, Recreation, and Natural Resources Commission to a range of seven to eleven members, instead of seven to nine members, will provide the City Council with more community engagement and flexibility in making appointments to this Commissions each year. Attachment Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. __-2023 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE SECTION 2.23, SUBD. 3, RELATING TO MEMBERSHIP RANGE FOR COMMISSION AND COMMISSION; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Chapter 2, Section 2.23, subdivision 3, is hereby deleted in its entirety and replaced with the following: Subd. 3. Membership. Subject to subdivision 6 of this section and with the following exceptions, the membership of each Commission shall consist of not less than seven (7) and not more than thirteen (13) members (as established by the Council from time to time). B. The Parks, Recreation and Natural Resources Commission shall consist of seven (7) to eleven (11) members. C. The Heritage Preservation Commission shall consist of seven (7) members to nine (9) members appointed by the Council. Section 2. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Section 2.99 entitled “Violation a Misdemeanor or Petty Misdemeanor” are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council for the City of Eden Prairie on the 7th day of March 2023, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 7th day of March, 2023. ____________________________ ______________________________ Nicole Tingley, City Clerk Ronald A. Case, Mayor PUBLISHED in the Sun Sailor on the _____ day of ________, 2023. CITY COUNCIL AGENDA SECTION: Payment of Claims DATE: March 07, 2023 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 298453 - 298749 Wire Transfers 1032872 - 1032982 Wire Transfers 9348 – 9377 Purchasing Card 9377 City of Eden Prairie Council Check Summary 3/7/2023 Division Amount Division Amount 100 City Manager 10,073 304 Senior Board 275 101 Legislative 8,222 309 DWI Forfeiture 5,099 102 Legal Counsel 38,527 315 Economic Development 904,047 110 City Clerk 1,854 321 Opioid Settlement 605 111 Customer Service 3,548 502 Park Development 38,061 112 Human Resources 55 509 CIP Fund 39,377 113 Communications 155 522 Improvement Projects 2006 2,940 114 Benefits & Training 3,593 526 Transportation Fund 2,435 130 Assessing -10 528 Shady Oak Rd-CR 61 North 141 131 Finance 433 532 EP Road Connect Flying Cloud 1,837 132 Housing and Community Services 825 539 2020 Improvement Projects 46,454 133 Planning 48 Total Capital Projects Fund 1,041,271 136 Public Safety Communications 2,876 137 Economic Development 180 601 Prairie Village Liquor 94,058 150 Park Administration 2,330 602 Den Road Liquor 138,704 151 Park Maintenance 53,693 603 Prairie View Liquor 111,089 153 Organized Athletics 2,308 605 Den Road Building 94 154 Community Center 20,882 701 Water Enterprise Fund 232,080 155 Beaches 1,106 702 Wastewater Enterprise Fund 377,393 156 Youth Programs 3,295 703 Stormwater Enterprise Fund 3,143 157 Special Events 24 Total Enterprise Fund 956,561 158 Senior Center 2,476 160 Therapeutic Recreation 314 802 494 Commuter Services 30,305 162 Arts 2,370 807 Benefits Fund 567,204 163 Outdoor Center 666 809 Investment Fund 4,714 168 Arts Center 5,892 810 Workers Comp Insurance 264,405 180 Police Sworn 56,569 812 Fleet Internal Service 324,182 184 Fire 27,258 813 IT Internal Service 86,714 186 Inspections 1,440 814 Facilities Capital ISF 9,555 200 Engineering 50 815 Facilites Operating ISF 28,029 201 Street Maintenance 107,201 816 Facilites City Center ISF 39,156 202 Street Lighting 316 817 Facilites Comm. Center ISF 101,720 Total General Fund 358,567 Total Internal Svc/Agency Fund 1,455,983 301 CDBG 23,307 303 Cemetary Operation 1,450 Report Total 3,838,676 312 Recycle Rebate 1,537 Total Special Revenue 26,295 City of Eden Prairie Council Check Register by GL 3/7/2023 Check #Amount Supplier / Explanation Account Description Business Unit Comments 9353 885,000 BRIDGEWATER BANK Other Contracted Services Economic Development Fund LCDA Grant Payment 298559 371,569 METROPOLITAN COUNCIL MCES User Fee Wasterwater Collection WasteWater Svc Fee March 2023 9350 292,352 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR Ending 02.10.23 298552 264,405 LEAGUE MN CITIES INS TRUST WC Workers Comp Insurance Workers Comp Insurance Work Comp Coverage Premiums 9348 218,157 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 01.27.23 1032920 143,212 TOWMASTER INC Autos Fleet - Public Works New Upfitting 1032917 139,470 MTI DISTRIBUTING INC Machinery & Equipment Fleet - Park & Rec New Toro for Park 9377 91,355 USB-PURCHASING CARD Various Various Funds 1032975 55,006 SRF CONSULTING GROUP INC Design & Engineering General Fund 298662 54,630 CARGILL INC Salt Snow & Ice Control 1032953 53,815 CENTERPOINT ENERGY Gas Various Funds 298707 47,227 MINNESOTA DEPT OF HEALTH Licenses, Taxes, Fees Utility Operations - General 298531 46,026 COMPASS MINERALS AMERICA, INC Salt Snow & Ice Control 1032967 45,817 LOGIS Network Support IT Operating 298695 42,963 HYDROCORP Improvement Contracts Water Capital 298568 41,950 PRO TREE OUTDOOR SERVICES Other Contracted Services Tree Removal 1032963 39,381 GREGERSON ROSOW JOHNSON & NILAN LTD Legal Legal Criminal Prosecution 1032972 38,061 ODESA II LLC Other Contracted Services Park Acquisition & Development 9352 31,577 EMPOWER Deferred Compensation Health and Benefits 298686 27,513 FLEETIO Software IT Operating 1032955 24,280 DIVERSE BUILDING MAINTENANCE Janitor Service Various Funds 298617 22,827 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store 298526 22,618 BOLTON & MENK INC Design & Engineering Capital Maint. & Reinvestment 298545 22,113 HULS BROS TRUCKING INC Lime Residual Removal Water Treatment 1032924 21,656 XCEL ENERGY Electric Various Funds 9351 21,457 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 298658 20,661 AXON ENTERPRISE INC Capital Under $25,000 Police Sworn 298572 19,591 PURE FILTRATION LLC Repair & Maint. Supplies Water Treatment 1032954 18,996 DAIKIN APPLIED Contract Svcs - HVAC City Center - CAM 298703 16,556 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 298624 16,497 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 298689 16,342 GRI EDEN PRAIRIE, LLC Other Contracted Services Prairie Village Liquor Store 298725 16,187 PRAIRIEVIEW RETAIL LLC Other Contracted Services Prairie View Liquor Store 298741 14,968 VALLEY RICH CO INC Equipment Repair & Maint Water Distribution 298541 13,274 GRAYMONT Treatment Chemicals Water Treatment 298642 13,186 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 9356 13,056 I-494 CORRIDOR COMMISSION Wages and Benefits 494 Corridor Commission 298486 12,714 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 298630 12,656 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 298508 12,377 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 298603 11,657 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 298584 11,528 VERIZON WIRELESS Other Contracted Services IT Operating 1032965 11,450 HAWKINS INC Treatment Chemicals Water Treatment 298502 10,944 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 298570 10,909 PROP Other Contracted Services CDBG - Public Service 1032912 10,159 H M CRAGG CO Contract Svcs - Electrical Police (City Cost) 298697 9,690 ISG Design & Engineering Capital Maint. & Reinvestment 298494 9,492 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 298700 9,400 KILLMER ELECTRIC CO INC Other Contracted Services Capital Maint. & Reinvestment 298532 9,379 CRYSTEEL TRUCK EQUIPMENT Equipment Repair & Maint Fleet Operating 298569 9,215 PROP Other Contracted Services CDBG - Public Service 9355 8,700 U.S. BANK - I-494 PURCH. CARD Marketing 494 Corridor Commission 1032962 7,666 GRAYBAR Repair & Maint. Supplies Facilities Capital 298711 7,652 MINNETONKA TILE Accounts Receivable TIF-Eden Shores Senior Housing 1032964 7,026 HANSEN THORP PELLINEN OLSON Design & Engineering Water Capital 298610 6,851 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 298687 6,517 GRAYMONT Treatment Chemicals Water Treatment 298513 6,473 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 298651 6,391 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 298470 6,297 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 298636 6,278 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store 298734 6,227 SUBURBAN RATE AUTHORITY Dues & Subscriptions City Council 298618 6,177 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 1032978 5,780 TWIN CITY HARDWARE Contract Svcs - General Bldg General Community Center 298463 5,734 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 298719 5,605 ORIGINAL WATERMEN INC Clothing & Uniforms Various Funds 298740 5,554 VAISALA Software Maintenance IT Operating 1032939 5,400 DAILEY DATA & ASSOCIATES Other Contracted Services Prairie View Liquor Store 1032971 5,264 METROPOLITAN MECHANICAL CONTRACTORS Contract Svcs - HVAC General Community Center 298558 4,931 MATTS AUTO SERVICE INC Miscellaneous DWI Forfeiture 298493 4,794 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 298596 4,754 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 298518 4,723 AMERICAN PRESSURE INC Contract Svcs - General Bldg Maintenance Facility 298724 4,714 PFM ASSET MANAGEMENT LLC Interest Investment Fund 298682 4,700 EHLERS & ASSOCIATES INC Other Contracted Services Economic Development Fund 298546 4,463 INDIGITAL INC Other Contracted Services IT Capital 298480 4,449 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store 298481 4,448 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 298585 4,422 VESSCO INC Repair & Maint. Supplies Water Treatment 1032919 4,164 STREICHERS Clothing & Uniforms Police Sworn 298717 4,126 NAILED IT DESIGN AND BUILD Accounts Receivable TIF-Eden Shores Senior Housing 298543 4,104 HEALTHPARTNERS Wages and Benefits 494 Corridor Commission 1032958 4,036 ETHANOL PRODUCTS LLC Treatment Chemicals Water Treatment 298477 3,927 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 1032915 3,912 METROPOLITAN MECHANICAL CONTRACTORS Contract Svcs - HVAC General Community Center 298455 3,839 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 298705 3,808 METERING & TECHNOLOGY SOLUTIONS Capital Under $25,000 Water Capital 1032914 3,772 METRO SALES INCORPORATED*Equipment Rentals IT Operating 298659 3,500 BADGER STATE INSPECTION LLC Design & Engineering Water Treatment 298542 3,496 GUARDIAN FLEET SAFETY LLC Equipment Parts Fleet Operating 298500 3,444 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 298628 3,434 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 298474 3,289 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 298737 3,256 TYLER TECHNOLOGIES INC Software Fire 298637 3,237 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 298456 3,159 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 1032961 3,142 GRAINGER Safety Supplies City Center - CAM 298578 3,050 STATE OF MINNESOTA Autos Fleet - Police 298676 3,004 DG MINNESOTA CS 2021 LLC Electric Facilities Operating ISF 298567 3,000 PITNEY BOWES BANK INC RESERVE ACCOUNT Postage Customer Service 298504 2,911 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store 298503 2,804 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 298544 2,750 HENNEPIN COUNTY MEDICAL CENTER Training Fire 298598 2,672 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 298638 2,640 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store 298647 2,601 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 298560 2,600 MINNESOTA CHIEFS OF POLICE ASSOC Tuition Reimbursement/School Police Sworn 1032981 2,590 WALL TRENDS INC Contract Svcs - General Bldg Ice Arena Maintenance 298615 2,544 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 298597 2,529 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 298458 2,472 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 298694 2,383 HINTERLAND CSG LLC Electric Facilities Operating ISF 1032872 2,254 STREICHERS Protective Clothing Police Sworn 298482 2,246 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store 298739 2,223 UNIVERSAL ATHLETIC SERVICES INC Operating Supplies Softball 298743 2,157 VESSCO INC Repair & Maint. Supplies Water Treatment 298521 2,043 ASPEN MILLS Clothing & Uniforms Fire 298512 2,000 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 298533 2,000 DAKOTA COUNTY CDA Other Contracted Services CDBG - Public Service 298664 2,000 CITY OF EDEN PRAIRIE Dues & Subscriptions Fire 298696 1,960 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits 1032887 1,925 CLAREY'S SAFETY EQUIPMENT Tuition Reimbursement/School Police Sworn 298467 1,918 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 298566 1,897 PERA Wages and Benefits 494 Corridor Commission 1032911 1,889 GRAYBAR Repair & Maint. Supplies Facilities Capital 298574 1,886 SMSC ENTERPRISES Landscape Materials/Supp Preserve Park 298688 1,841 GREAT LAKES COCA-COLA DISTRIBUTION Merchandise for Resale Concessions 1032918 1,840 STATE SUPPLY COMPANY Repair & Maint - Ice Rink Ice Arena Maintenance 298731 1,824 SOBANIA COMMUNITY SOLAR Electric Facilities Operating ISF 298674 1,801 DELI DOUBLE Special Event Fees Senior Center Programs 298693 1,800 HENNEPIN COUNTY MEDICAL CENTER Training Fire 298564 1,785 NOW MICRO INC Computers IT Operating 298485 1,732 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 1032942 1,720 KRISS PREMIUM PRODUCTS INC Repair & Maint - Ice Rink Ice Arena Maintenance 298534 1,715 DEPT OF EMPLOYMENT/ECONOMIC DEVELOPMENT Interest Economic Development Fund 298498 1,683 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 298457 1,640 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 298742 1,622 VAN PAPER COMPANY Cleaning Supplies General Community Center 1032950 1,585 BARR ENGINEERING COMPANY OCS - Monitoring Stormwater Non-Capital 298576 1,558 STANTEC CONSULTING SERVICES INC Other Contracted Services Stormwater Non-Capital Check #Amount Supplier / Explanation Account Description Business Unit Comments 298633 1,544 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 298607 1,543 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 1032943 1,524 LYNDALE PLANT SERVICES Contract Svcs - Int. Landscape City Center - CAM 298622 1,522 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 298631 1,499 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 298673 1,450 D H EXCAVATING Other Contracted Services Eden Prairie Cemetery 298655 1,405 AIRGAS USA LLC Supplies - Pool Fire 1032938 1,400 CONCRETE CUTTING AND CORING Patching Asphalt Street Maintenance 298745 1,390 YORKTOWN OFFICES Rent 494 Corridor Commission 298524 1,360 BIG STATE INDUSTRIAL SUPPLY INC Repair & Maint. Supplies Utility Operations - General 298738 1,320 UNITED RENTALS (NORTH AMERICA) INC Conference/Training Utility Operations - General 298704 1,308 MASTER CRAFT LABELS INC Operating Supplies Prairie View Liquor Store 298507 1,293 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 298609 1,292 SMALL LOT MN Liquor Product Received Prairie Village Liquor Store 298646 1,287 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store 298677 1,286 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 298653 1,280 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 298729 1,264 SCHERER BROTHERS LUMBER CO Building Materials Street Maintenance 298613 1,246 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 1032982 1,176 XCEL ENERGY Electric Various Funds 1032900 1,143 QUALITY PROPANE Motor Fuels Riley Lake 298553 1,138 LEGACY GYMNASTICS Instructor Service Lesson Skills Development 298735 1,114 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 298515 1,113 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 298517 1,094 ACTIVE 911 INC Dues & Subscriptions IT Operating 1032875 1,090 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store 298483 1,083 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 1032977 1,081 STREICHERS Clothing & Uniforms Police Sworn 298571 1,054 PROP Other Contracted Services CDBG - Public Service 298690 1,052 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police Sworn 298593 1,039 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 298563 1,035 NATIVE RESOURCE PRESERVATION Contract Svcs - Lawn Maint.Fire Station #2 298465 1,023 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store 298621 1,021 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store 298491 1,020 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store 298523 1,020 AT YOUTH PROGRAMS LLC Instructor Service Lesson Skills Development 298685 1,006 FIRST STATE TIRE RECYCLING Waste Disposal Fleet Operating 298627 999 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store 298744 990 WINSUPPLY EDEN PRAIRIE MN CO Capital Under $25,000 Water Capital 1032966 975 HORIZON COMMERCIAL POOL SUPPLY Supplies - Pool Pool Maintenance 298712 970 MN MECHANICAL SOLUTIONS INC Equipment Repair & Maint Water Treatment 298499 966 WINEBOW Liquor Product Received Den Road Liquor Store 1032910 952 GRAINGER Operating Supplies General Community Center 298723 901 PAPCO INC Janitor Service General Community Center 298699 892 JOHN HENRY FOSTER MINNESOTA INC Maintenance Contracts Water Treatment 1032956 883 ECM PUBLISHERS INC Advertising City Clerk 1032884 854 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store 298692 852 HENNEPIN COUNTY I/T DEPT Equipment Repair & Maint Public Safety Communications Check #Amount Supplier / Explanation Account Description Business Unit Comments 298691 850 HENNEPIN COUNTY CHIEFS OF POLICE Dues & Subscriptions Police Sworn 298601 848 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 298554 833 LEXISNEXIS RISK SOLUTIONS FL INC Dues & Subscriptions Police Sworn 298506 831 DOMACE VINO Liquor Product Received Prairie View Liquor Store 1032885 830 ANDREWS, JOHN Deposits General Fund 298656 825 AQUA LOGIC INC Contract Svcs - Pool Pool Maintenance 9349 825 ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits 298626 809 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store 298746 795 ZOHO CORP Software Maintenance IT Operating 1032904 793 ASPEN EQUIPMENT CO.Equipment Parts Fleet Operating 1032903 778 WEEDMAN, NICOLE Travel Expense Youth Programs Admin 1032930 777 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 1032902 774 TAPCO Other Contracted Services Transportation Fund 298619 748 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 298620 741 DOMACE VINO Liquor Product Received Den Road Liquor Store 298466 739 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store 298479 734 BLUE CLOUD DISTRIBUTION OF MINNESOTA INC Liquor Product Received Den Road Liquor Store 298640 723 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 1032909 713 FILTRATION SYSTEMS Building Repair & Maint.Utility Operations - General 1032974 709 SPS COMPANIES Building Repair & Maint.Utility Operations - General 1032947 707 R & R SPECIALTIES OF WISCONSIN INC Contract Svcs - Ice Rink Ice Arena Maintenance 298484 684 DOMACE VINO Liquor Product Received Den Road Liquor Store 298720 641 ORION SAFETY PRODUCTS Operating Supplies Fire 298661 620 BRYAN ROCK PRODUCTS INC Salt Snow & Ice Control 298635 618 BLUE CLOUD DISTRIBUTION OF MINNESOTA INC Liquor Product Received Prairie View Liquor Store 1032931 615 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store 298714 615 MOTOROLA SOLUTIONS INC Equipment Repair & Maint Public Safety Communications 298726 615 PRINCIPAL FINANCIAL GROUP Wages and Benefits 494 Corridor Commission 298612 614 SUMMER LAKES BEVERAGE LLC Liquor Product Received Prairie Village Liquor Store 298629 610 PRYES BREWING COMPANY Liquor Product Received Den Road Liquor Store 298525 605 BME LAB AND SCIENCE Other Contracted Services Opioid Settlement 298511 601 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store 1032897 600 METROPOLITAN FORD Equipment Parts Fleet Operating 1032970 595 METROPOLITAN AIRPORTS COMMISSION Other Rentals Park Maintenance 1032873 589 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 298722 572 PAFFY'S PEST CONTROL Contract Svcs - Pest Control Historical Buildings 298453 562 LIONS TAP Deposits General Fund 298595 560 BLUE CLOUD DISTRIBUTION OF MINNESOTA INC Liquor Product Received Prairie Village Liquor Store 298529 555 CINTAS CORPORATION Safety Supplies Community Center Admin 298505 551 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store 298698 531 J H LARSON COMPANY Supplies - Electrical Park Shelters 298547 527 JOB TRUCKING INC Other Contracted Services Police Sworn 1032927 514 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store 298492 509 PEQUOD DISTRIBUTION Liquor Product Received Den Road Liquor Store 298643 507 LIBATION PROJECT Liquor Product Received Prairie View Liquor Store 9354 507 PMA FINANCIAL NETWORK INC Bank and Service Charges Wastewater Accounting 298501 506 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store 1032946 504 QUALITY PROPANE Motor Fuels Ice Arena Maintenance Check #Amount Supplier / Explanation Account Description Business Unit Comments 298519 499 APRES Other Rentals Winter Theatre 1032880 494 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store 1032923 484 VISTAR CORPORATION Merchandise for Resale Concessions 298475 463 WINEBOW Liquor Product Received Prairie Village Liquor Store 298516 463 WINEBOW Liquor Product Received Prairie View Liquor Store 1032916 445 MINNESOTA EQUIPMENT Equipment Parts Fleet Operating 1032936 434 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store 1032874 432 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store 1032877 427 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 1032883 416 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store 1032889 409 FASTENAL COMPANY Operating Supplies Fleet Operating 298583 406 VAN PAPER COMPANY Cleaning Supplies General Community Center 298460 405 DOMACE VINO Liquor Product Received Prairie Village Liquor Store 298528 401 CARR THERESA AR Utility Water Enterprise Fund 298588 393 ZOLL MEDICAL CORPORATION EMS Supplies Fire 298580 391 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 298678 389 EDEN PRAIRIE CENTER LLC Building Rental CDBG - Public Service 298557 389 MASTER CRAFT LABELS INC Fire Prevention Supplies Fire 298599 386 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store 1032959 384 FACTORY MOTOR PARTS COMPANY Lubricants & Additives Fleet Operating 298478 378 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store 298600 378 DOMACE VINO Liquor Product Received Prairie Village Liquor Store 298650 367 SMALL LOT MN Liquor Product Received Prairie View Liquor Store 298536 360 EDEN PRAIRIE CHAMBER OF COMMERCE Conference/Training Economic Development 298663 359 CENTURYLINK Telephone IT Operating 298733 347 STAPLES ADVANTAGE Office Supplies Customer Service 298721 347 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire 298604 345 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 1032934 345 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 298639 342 DOMACE VINO Liquor Product Received Prairie View Liquor Store 298476 340 AM CRAFT SPIRITS SALES & MARKETING Liquor Product Received Den Road Liquor Store 298727 340 PROP - PR Charitable Contributions Health and Benefits 298579 332 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 1032879 330 PARLEY LAKE WINERY Liquor Product Received Den Road Liquor Store 1032908 320 ECM PUBLISHERS INC Legal Notices Publishing City Clerk 1032949 319 XTREME INTEGRATION Hardware - Cabling IT Operating 298732 315 ST CROIX LINEN LLC Operating Supplies-Linens Fire 298471 312 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store 298660 309 BATTERIES PLUS BULBS Operating Supplies Fire 1032957 306 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits 298488 306 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store 298573 300 RABBIT RESCUE OF MN Other Contracted Services Specialty Fitness Programs 298708 300 MINNESOTA DEPT OF LABOR AND INDUSTRY Licenses, Taxes, Fees Senior Center 298728 300 REACH Licenses, Taxes, Fees Ice Operations 298594 298 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store 298616 298 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store 298634 298 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store 1032882 291 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 298608 289 PRYES BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 298702 283 MALLO JOHN Operating Supplies Outdoor Center 298701 280 LAKE COUNTRY DOOR LLC Contract Svcs - General Bldg Police (City Cost) 298586 275 WARNING LITES Operating Supplies Traffic Signs 298632 272 AM CRAFT SPIRITS SALES & MARKETING Liquor Product Received Prairie View Liquor Store 298487 271 LIBATION PROJECT Liquor Product Received Den Road Liquor Store 298535 271 DIRECTV Cable TV Community Center Admin 298496 270 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store 1032926 269 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 298489 268 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store 298509 268 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store 298522 268 ASSURED SECURITY Equipment Repair & Maint Water Supply (Wells) 298468 260 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie Village Liquor Store 298527 258 BOUND TREE MEDICAL LLC EMS Supplies Fire 298749 256 AM CRAFT SPIRITS SALES & MARKETING Liquor Product Received Prairie Village Liquor Store 1032937 256 BERRY COFFEE COMPANY Merchandise for Resale Concessions 298472 255 UNMAPPED BREWING CO Liquor Product Received Prairie Village Liquor Store 298551 250 LAWSON PRODUCTS INC Lubricants & Additives Fleet Operating 298747 248 BROWNELLS INC.Training Supplies Police Sworn 1032878 245 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store 298606 243 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store 1032929 241 VINOCOPIA Liquor Product Received Den Road Liquor Store 1032973 238 PREMIUM WATERS INC Operating Supplies - Water Fire 298675 235 DELTA DENTAL Wages and Benefits 494 Corridor Commission 1032876 228 VINOCOPIA Liquor Product Received Den Road Liquor Store 298736 227 TRANSUNION RISK & ALTERNATIVE DATA Other Contracted Services Police Sworn 1032888 215 CUSTOM HOSE TECH Equipment Parts Fleet Operating 298605 211 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 298611 208 STARRY EYED BREWING LLC Liquor Product Received Prairie Village Liquor Store 298625 207 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store 298644 207 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store 298582 206 TITAN MACHINERY Repair & Maint. Supplies Utility Operations - General 1032907 203 CDW GOVERNMENT INC.Computer -Accessories IT Operating 298514 201 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store 298454 200 WADENA COUNTY SHERIFF'S DEPARTMENT Deposits General Fund 1032969 195 MENARDS Repair & Maint. Supplies Park Shelters 298649 182 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie View Liquor Store 298575 181 SSI KEF SLB LLC Electric City Center - CAM 1032940 178 FLEETPRIDE INC Equipment Parts Fleet Operating 1032913 176 MENARDS Repair & Maint. Supplies Utility Operations - General 298495 170 STARRY EYED BREWING LLC Liquor Product Received Den Road Liquor Store 298520 170 ARAMARK Janitor Service Prairie View Liquor Store 298556 168 LUBE-TECH ESI Lubricants & Additives Fleet Operating 298459 163 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store 298669 162 COMCAST Cable TV Fire 1032941 162 GOPHER STATE ONE-CALL OCS - Utility Locates Water Distribution 298540 161 FREEVEND TECHNICAL SERVICES Equipment Repair & Maint Concessions 298648 160 PRYES BREWING COMPANY Liquor Product Received Prairie View Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 298715 160 MR CUTTING EDGE Contract Svcs - Ice Rink Ice Arena Maintenance 298497 159 URBAN GROWLER BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 298581 159 TIMESAVER OFF SITE SECRETARIAL INC Other Contracted Services City Council 298748 159 56 BREWING LLC Liquor Product Received Prairie Village Liquor Store 1032895 157 MADISON, MELISSA Misc. Office Supplies 494 Corridor Commission 298667 151 COMCAST Cable TV Fire 1032979 150 USA SECURITY Maintenance Contracts Water Treatment 298623 148 INBOUND BREW CO Liquor Product Received Den Road Liquor Store 298645 146 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store 1032968 144 MATHESON TRI-GAS INC Repair & Maint. Supplies Fleet Operating 298641 144 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store 1032899 141 OLSEN CHAIN & CABLE Operating Supplies Park Maintenance 298671 140 COMMUNITY HEALTH CHARITIES OF MINNESOTA Charitable Contributions Health and Benefits 298684 137 EPIC EVENT RENTAL Supplies - General Bldg City Hall (City Cost) 298464 131 LIBATION PROJECT Liquor Product Received Prairie Village Liquor Store 1032935 131 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store 1032928 128 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store 298614 125 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 298716 125 MURPHY KATIE Tuition Reimbursement/School Fitness Classes 1032980 124 VISTAR CORPORATION Merchandise for Resale Concessions 298548 119 JOHANNESON ASHER MARYA Tuition Reimbursement/School Fitness Classes 1032932 118 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store 298730 109 SHRED RIGHT Waste Disposal City Hall (City Cost) 298590 109 THOMAS RENO AR Utility Water Enterprise Fund 298577 107 STAPLES ADVANTAGE Office Supplies Customer Service 298490 105 ORIGIN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 298510 105 ORIGIN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 298683 105 EPFSC Advertising Community Center Admin 298665 103 COMCAST Cable TV Fire 1032976 101 STERICYCLE INC Other Contracted Services Police Sworn 298462 101 INVICTUS BREWING CO Liquor Product Received Prairie Village Liquor Store 298461 100 INBOUND BREW CO Liquor Product Received Prairie Village Liquor Store 298652 100 UNMAPPED BREWING CO Liquor Product Received Prairie View Liquor Store 1032881 99 VINOCOPIA Liquor Product Received Prairie View Liquor Store 1032886 95 BARRIE SPENCER Clothing & Uniforms Police Sworn 298602 93 INBOUND BREW CO Liquor Product Received Prairie Village Liquor Store 298657 89 ARPIN, TONYA Tuition Reimbursement/School Fitness Classes 1032922 87 VIKING ELECTRIC SUPPLY Supplies - HVAC City Center - CAM 1032892 86 HACH COMPANY Laboratory Chemicals Water Treatment 298706 85 MINNESOTA CHAMBER OF COMMERCE Conference/Training City Council 1032925 83 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store 1032891 82 GORDHAMER SCOTT Clothing & Uniforms Police Sworn 298537 77 EDEN PRAIRIE COMMUNITY EDUCATION Building Rental Community Band 298668 77 COMCAST Cable TV Fire 1032960 75 FORCE AMERICA Equipment Parts Fleet Operating 1032933 75 VINOCOPIA Liquor Product Received Prairie View Liquor Store 1032951 69 BOYER TRUCKS Equipment Parts Fleet Operating 298666 62 COMCAST Cable TV Fire Check #Amount Supplier / Explanation Account Description Business Unit Comments 298561 59 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 298587 57 WORTHINGTON MATT Training Supplies Fire 1032894 53 LEONARD, MICHELLE Outreach Mileage/Parking 494 Corridor Commission 298670 50 COMCAST Internet IT Operating 298538 50 FBI - LEEDA Dues & Subscriptions Police Sworn 298539 50 FIRST MINNETONKA CITY BANK Other Contracted Services Police Sworn 1032890 50 GOPHER STATE ONE-CALL OCS - Utility Locates Water Distribution 298469 48 SHAKOPEE BREWHALL Liquor Product Received Prairie Village Liquor Store 298549 46 JOHN J MORGAN COMPANY Supplies - HVAC Maintenance Facility 298654 41 AFLAC INC Wages and Benefits 494 Corridor Commission 298589 36 SORGE DREW AR Utility Water Enterprise Fund 298473 34 URBAN GROWLER BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 1032944 33 MANBECK, KEVIN Tuition Reimbursement/School Fitness Classes 1032893 32 JOHNSTONE SUPPLY Supplies - Electrical General Community Center 298710 32 MINNESOTA TROPHIES & GIFTS Operating Supplies Police Sworn 1032896 30 MEREDITH KATE Outreach Mileage/Parking 494 Corridor Commission 298680 29 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits 298681 29 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits 1032905 27 BOBBY & STEVE'S AUTO WORLD EDEN PRAIRIE Other Contracted Services Police Sworn 298709 26 MINNESOTA FIRE SERVICE CERTIFICATION BOA Training Fire 298713 25 MNIAI Dues & Subscriptions Police Sworn 1032948 24 TOLL GAS AND WELDING SUPPLY Repair & Maint. Supplies Utility Operations - General 1032901 20 SPOK, INC.Cell/Pager Plans IT Operating 298565 20 OPHOVEN SAW SERVICE Equipment Repair & Maint Senior Center Programs 1032898 16 NELSON, ROBIN Outreach Mileage/Parking 494 Corridor Commission 298679 16 EDEN PRAIRIE CRIME PREVENTION FUND Charitable Contributions Health and Benefits 298718 16 NCPERS GROUP LIFE INSURANCE PERA Health and Benefits 298550 13 KAYVON KELLY Tuition Reimbursement/School Fitness Classes 298672 10 CULLIGAN BOTTLED WATER Corridor Comm. Misc 494 Corridor Commission 298562 10 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Creek Woods 1032921 9 UPS Postage Police Sworn 298530 4 COMCAST Other Contracted Services Police Sworn 1032945 3 METROPOLITAN FORD Equipment Parts Fleet Operating 3,838,676 Grand Total Amount Account Description Business Unit 6,651 Capital Under $25,000 Den Road Liquor Store 3,978 Plumbing Surcharge General Fund 3,201 Tuition Reimbursement/School Police Sworn 2,808 Tuition Reimbursement/School Police Sworn 2,529 Conference/Training Fire 1,537 Operating Supplies Recycle Rebate 1,245 Clothing & Uniforms Fitness Admin. 1,236 Travel Expense Fire 1,160 Capital Under $25,000 Arts Center 1,118 Operating Supplies Arts Center 1,101 Equipment Repair & Maint Concessions 1,099 Tuition Reimbursement/School Police Sworn 960 Operating Supplies Pool Lessons 947 Operating Supplies Fire 917 Bank and Service Charges Prairie View Liquor Store 900 Training Fire 839 Equipment Repair & Maint Public Safety Communications 839 Licenses, Taxes, Fees Arts 790 Tuition Reimbursement/School Police Sworn 783 Travel Expense Utility Operations - General 728 Tuition Reimbursement/School Police Sworn 728 Tuition Reimbursement/School Police Sworn 718 Tuition Reimbursement/School Police Sworn 711 Operating Supplies Arts Center 699 Repair & Maint. Supplies General Community Center 689 Tuition Reimbursement/School Police Sworn 675 Tuition Reimbursement/School Police Sworn 648 Operating Supplies Staring Lake 630 Conference/Training Park Maintenance 630 Conference/Training Park Maintenance 630 Conference/Training Park Maintenance 630 Conference/Training Park Maintenance 630 Tuition Reimbursement/School Police Sworn 600 Tuition Reimbursement/School Police Sworn 580 Repair & Maint. Supplies Pool Maintenance 578 Licenses, Taxes, Fees Fitness Classes 575 Tires Fleet Operating 555 Safety Supplies Park Maintenance 554 Operating Supplies Arts Center Amount Account Description Business Unit 525 Conference/Training Police Sworn 525 Conference/Training City Clerk 525 Conference/Training Police Sworn 518 Tuition Reimbursement/School Police Sworn 500 Conference/Training Police Sworn 500 Tuition Reimbursement/School Police Sworn 498 Miscellaneous Police Sworn 477 Operating Supplies Fire 470 Tuition Reimbursement/School Police Sworn 468 Training Supplies Fire 467 Clothing & Uniforms Winter Theatre 458 Tuition Reimbursement/School Police Sworn 458 Travel Expense Youth Programs Admin 450 Fire Prevention Supplies Fire 450 Dues & Sub-Memberships Inspections-Administration 450 Tuition Reimbursement/School Police Sworn 443 Small Tools Fire 419 Small Tools Street Maintenance 400 Other Contracted Services Housing and Community Service 399 Tuition Reimbursement/School Police Sworn 395 Tuition Reimbursement/School Police Sworn 394 Chemicals Water Treatment 390 Operating Supplies Fitness Admin. 385 Clothing & Uniforms Fire 381 Miscellaneous City Council 376 Travel Expense City Council 376 Travel Expense City Council 372 Lubricants & Additives Fleet Operating 359 Tuition Reimbursement/School Police Sworn 355 Conference/Training Utility Operations - General 348 Operating Supplies Fire 348 Operating Supplies Pool Operations 348 Repair & Maint. Supplies City Center - CAM 347 Canine Supplies Police Sworn 342 Operating Supplies Arts Center 330 Conference/Training Inspections-Administration 330 Conference/Training Inspections-Administration 330 Conference/Training Inspections-Administration 329 Operating Supplies Park Maintenance Amount Account Description Business Unit 326 Safety Supplies Fleet Operating 318 Tuition Reimbursement/School Police Sworn 317 Travel Expense Fire 317 Travel Expense Fire 314 Cleaning Supplies General Community Center 311 Operating Supplies Park Maintenance 305 Conference/Training Administration 305 Conference/Training City Clerk 300 Conference/Training Park Maintenance 300 Tuition Reimbursement/School Police Sworn 300 Conference/Training Utility Operations - General 300 Other Contracted Services Liquor Store Delivery 295 Training Fire 295 Conference/Training Housing and Community Service 280 Safety Supplies Utility Operations - General 279 Small Tools Fleet Operating 278 Operating Supplies Pool Operations 275 Conference/Training Utility Operations - General 275 Conference/Training Utility Operations - General 275 Conference/Training Utility Operations - General 270 Tuition Reimbursement/School Police Sworn 268 Operating Supplies Pool Operations 260 Conference/Training Utility Operations - General 260 Merchandise for Resale Senior Board 259 Tuition Reimbursement/School Police Sworn 255 Operating Supplies Arts Center 255 Operating Supplies Fire 255 Repair & Maint. Supplies Water Treatment 250 Dues & Sub-Memberships Ice Operations 250 Conference/Training Utility Operations - General 250 Conference/Training Utility Operations - General 250 Conference/Training Utility Operations - General 250 Conference/Training Utility Operations - General 250 Licenses, Taxes, Fees Utility Operations - General 248 Equipment Parts Fleet Operating 247 Operating Supplies Police Sworn 247 Operating Supplies Senior Center Programs 241 Protective Clothing Fire 232 Merchandise for Resale Concessions Amount Account Description Business Unit 231 Licenses, Taxes, Fees Pool Lessons 230 Training Supplies Police Sworn 229 Travel Expense City Council 227 Merchandise for Resale Concessions 225 Conference/Training Street Maintenance 223 Operating Supplies Pool Operations 215 Conference/Training Utility Operations - General 215 Operating Supplies Fire 214 Safety Supplies Utility Operations - General 213 Operating Supplies Community Center Admin 211 Operating Supplies Day Care 207 Operating Supplies Police Sworn 201 Operating Supplies Prairie View Liquor Store 199 Training Supplies Police Sworn 196 Licenses, Taxes, Fees Pool Lessons 194 Miscellaneous City Council 193 Office Supplies Police Sworn 193 Dues & Sub-Memberships Police Sworn 185 Conference/Training Park Maintenance 180 Tuition Reimbursement/School Police Sworn 180 Tuition Reimbursement/School Police Sworn 180 Repair & Maint. Supplies Utility Operations - General 177 Clothing & Uniforms Police Sworn 175 Dues & Sub-Memberships Organizational Services 168 Miscellaneous DWI Forfeiture 168 Conference/Training Pool Operations 168 Operating Supplies Arts Center 167 Other Assets Public Safety Communications 166 Operating Supplies Senior Center Programs 163 Operating Supplies Park Maintenance 163 Printing Fitness Admin. 161 Operating Supplies New Adaptive 155 Licenses, Taxes, Fees Fleet Operating 154 Repair & Maint. Supplies Utility Operations - General 146 Repair & Maint. Supplies Water Treatment 141 Merchandise for Resale Concessions 140 Conference/Training Park Maintenance 140 Miscellaneous Communications 139 Operating Supplies New Adaptive Amount Account Description Business Unit 137 Operating Supplies Finance 131 Advertising Arts Center 130 Dues & Sub-Memberships Park Maintenance 130 Conference/Training Utility Operations - General 130 Conference/Training Utility Operations - General 130 Conference/Training Utility Operations - General 130 Conference/Training Utility Operations - General 129 Safety Supplies Arts Center 126 Clothing & Uniforms Pool Operations 126 Employee Award Organizational Services 125 Dues & Sub-Memberships Administration 125 Conference/Training Utility Operations - General 125 Conference/Training Utility Operations - General 123 Other Assets Public Safety Communications 121 Clothing & Uniforms Winter Theatre 120 Operating Supplies City Clerk 120 Capital Under $25,000 Utility Operations - General 120 Miscellaneous Police Sworn 117 Operating Supplies Arts Center 115 Training Supplies Police Sworn 115 Conference/Training Utility Operations - General 115 Conference/Training Utility Operations - General 115 Conference/Training Utility Operations - General 113 Equipment Parts Park Maintenance 113 Operating Supplies Senior Center Programs 110 Operating Supplies Arts Center 110 Conference/Training Fleet Operating 110 Conference/Training Fleet Operating 108 Operating Supplies Community Center Admin 107 Office Supplies Police Sworn 106 Operating Supplies Ice Lessons 106 Repair & Maint. Supplies Ice Arena Maintenance 105 Operating Supplies Police Sworn 103 Operating Supplies Arts Center 103 Operating Supplies Outdoor Center 102 Special Event Fees Senior Center Programs 100 Licenses, Taxes, Fees Fitness Classes 100 Travel Expense Utility Operations - General 100 Travel Expense Utility Operations - General Amount Account Description Business Unit 100 Travel Expense Utility Operations - General 100 Operating Supplies Day Care 96 Training Supplies Fire 96 Merchandise for Resale Concessions 93 Operating Supplies Street Maintenance 90 Clothing & Uniforms Police Sworn 90 Operating Supplies Police Sworn 90 Operating Supplies Community Center Admin 90 Lubricants & Additives Fleet Operating 89 Software/Hardware Maint.Fire 89 Equipment Repair & Maint Park Maintenance 88 Conference/Training Street Maintenance 88 Merchandise for Resale Concessions 88 Merchandise for Resale Concessions 88 Merchandise for Resale Concessions 87 Repair & Maint. Supplies Ice Arena Maintenance 87 Conference/Training Park Maintenance 87 Operating Supplies Fleet Operating 85 Conference/Training Athletic Programs Admin 82 Operating Supplies Arts Center 82 Deposits General Fund 81 Deposits General Fund 81 Operating Supplies IT Operating 81 Operating Supplies Pool Operations 81 Advertising Prairie View Liquor Store 80 Operating Supplies Outdoor Center 80 Tuition Reimbursement/School Police Sworn 80 Operating Supplies Senior Center Admin 79 Deposits General Fund 78 Deposits General Fund 77 Operating Supplies Finance 77 Operating Supplies Pool Operations 76 Operating Supplies Arts Center 76 Operating Supplies IT Operating 76 Clothing & Uniforms Winter Theatre 75 Tuition Reimbursement/School Police Sworn 75 Other Assets Public Safety Communications 75 Dues & Sub-Memberships Park Maintenance 75 Dues & Sub-Memberships Park Maintenance Amount Account Description Business Unit 75 Tuition Reimbursement/School Police Sworn 75 Tuition Reimbursement/School Police Sworn 75 Advertising Arts Center 72 Operating Supplies Outdoor Center 71 Operating Supplies Fire 70 Dues & Sub-Memberships Finance 70 Office Supplies Police Sworn 68 Operating Supplies Arts Center 63 Miscellaneous City Council 62 Training Supplies Police Sworn 62 Repair & Maint. Supplies Water Distribution 62 Operating Supplies Ice Operations 62 Operating Supplies Community Center Admin 61 Operating Supplies Arts Center 60 Employment Advertising Organizational Services 60 Employment Advertising Utility Operations - General 60 Repair & Maint. Supplies Water Treatment 60 Computers IT Operating 57 Travel Expense City Council 57 Operating Supplies Day Care 57 Fire Prevention Supplies Fire 56 Training Supplies Police Sworn 55 Operating Supplies Outdoor Center 55 Operating Supplies IT Operating 55 Operating Supplies Arts Center 55 Advertising Theatre Initiative 55 Advertising Theatre Initiative 55 Tuition Reimbursement/School Police Sworn 54 Equipment Repair & Maint Public Safety Communications 51 Dues & Sub-Memberships Administration 51 Operating Supplies Park Maintenance 50 Dues & Sub-Memberships Engineering 50 Equipment Repair & Maint Public Safety Communications 50 Advertising Theatre Initiative 50 Repair & Maint. Supplies Ice Arena Maintenance 50 Computers IT Operating 48 Operating Supplies Arts Center 48 Conference/Training Planning 48 Operating Supplies Skating Rinks/Warming Houses Amount Account Description Business Unit 48 Operating Supplies IT Operating 48 Operating Supplies Pool Operations 48 Operating Supplies Police Sworn 47 Repair & Maint. Supplies General Community Center 46 Equipment Repair & Maint Public Safety Communications 46 Repair & Maint. Supplies Maintenance Facility 45 Motor Fuels Fleet Operating 45 Operating Supplies Arts Center 45 Office Supplies Police Sworn 45 Repair & Maint. Supplies General Community Center 43 Telephone IT Operating 43 Telephone IT Operating 43 Operating Supplies Community Center Admin 43 Employee Award Organizational Services 42 Licenses, Taxes, Fees Pool Lessons 42 Licenses, Taxes, Fees Pool Lessons 42 Operating Supplies Arts Center 42 Operating Supplies Community Center Admin 40 Other Contracted Services Winter Theatre 40 Operating Supplies Community Center Admin 40 Repair & Maint. Supplies General Community Center 40 Travel Expense Utility Operations - General 39 Operating Supplies Arts Center 39 Operating Supplies Staring Lake 39 Computers IT Operating 39 Tuition Reimbursement/School Police Sworn 39 Miscellaneous City Council 39 Operating Supplies Finance 38 Safety Supplies Arts Center 37 Operating Supplies IT Operating 37 Deposits General Fund 37 Employee Award Organizational Services 37 Operating Supplies Arts Center 37 Operating Supplies Arts Center 37 Operating Supplies Senior Center Programs 37 Operating Supplies IT Operating 37 Operating Supplies Arts Center 35 Conference/Training Park Maintenance 35 Operating Supplies Arts Center Amount Account Description Business Unit 35 Deposits General Fund 35 Operating Supplies Outdoor Center 35 Conference/Training Human Resources 34 Bank and Service Charges Customer Service 34 Computers IT Operating 34 Operating Supplies Finance 34 Training Supplies Police Sworn 33 Employee Award Organizational Services 33 Operating Supplies Fitness Classes 33 Operating Supplies Fitness Classes 31 Operating Supplies Fitness Classes 31 Deposits General Fund 31 Deposits General Fund 30 Operating Supplies Outdoor Center 30 Miscellaneous Police Sworn 30 Operating Supplies Facilities Staff 30 Operating Supplies Arts Center 29 Conference/Training Park Maintenance 28 Operating Supplies Community Center Admin 28 Repair & Maint. Supplies City Hall (City Cost) 27 Operating Supplies Arts Center 26 Operating Supplies Arts Center 26 Operating Supplies Fitness Classes 26 Deposits General Fund 25 Deposits General Fund 25 Operating Supplies Arts Center 25 Licenses, Taxes, Fees Fleet Operating 25 Dues & Sub-Memberships Fire 25 Training Fire 25 Conference/Training Community Center Admin 25 Tuition Reimbursement/School Police Sworn 25 Repair & Maint. Supplies General Community Center 24 Travel Expense City Council 24 Operating Supplies Pool Operations 24 Operating Supplies Special Events Admin 24 Other Assets Public Safety Communications 24 Operating Supplies Theatre Initiative 23 Operating Supplies Arts Center 23 Licenses, Taxes, Fees Wasterwater Collection Amount Account Description Business Unit 23 Licenses, Taxes, Fees Wasterwater Collection 23 Operating Supplies Arts Center 22 Tuition Reimbursement/School Police Sworn 22 Clothing & Uniforms Winter Theatre 22 Operating Supplies Fitness Admin. 21 Deposits General Fund 21 Fire Prevention Supplies Fire 21 Training Supplies Police Sworn 21 Office Supplies Police Sworn 21 Repair & Maint. Supplies City Center - CAM 21 Employee Award Organizational Services 21 Repair & Maint. Supplies Maintenance Facility 20 Conference/Training Human Resources 20 Safety Supplies Pool Operations 19 Operating Supplies Pool Operations 18 Operating Supplies Special Events & Trips 18 Operating Supplies Community Center Admin 18 Computers IT Operating 17 Operating Supplies Community Center Admin 17 Equipment Repair & Maint Senior Center Programs 17 Dues & Sub-Memberships Police Sworn 17 Operating Supplies Pool Operations 17 Operating Supplies Arts Center 17 Operating Supplies Police Sworn 16 Operating Supplies Fitness Admin. 16 Operating Supplies Day Care 16 Other Contracted Services Organizational Services 16 Operating Supplies Arts Center 16 Operating Supplies Arts Center 16 Operating Supplies Community Center Admin 16 Small Tools Facilities Staff 16 Equipment Repair & Maint Senior Center Programs 16 Merchandise for Resale Senior Board 16 Operating Supplies Fitness Classes 15 Conference/Training Park Maintenance 15 Dues & Sub-Memberships Communications 15 Other Contracted Services Theatre Initiative 15 Other Contracted Services Theatre Initiative 15 Advertising Theatre Initiative Amount Account Description Business Unit 15 Operating Supplies Birthday Parties 15 Operating Supplies Arts Center 14 Operating Supplies Volunteers 14 Operating Supplies Pool Operations 13 Training Supplies Fire 13 Operating Supplies Arts Center 13 Operating Supplies Arts Center 12 Equipment Repair & Maint Public Safety Communications 12 Conference/Training Park Maintenance 12 Conference/Training Park Maintenance 12 Conference/Training Park Maintenance 12 Mileage & Parking Street Maintenance 12 Operating Supplies Arts Center 12 Miscellaneous City Council 12 Small Tools Facilities Staff 11 Operating Supplies Finance 11 Training Supplies Police Sworn 11 Operating Supplies Pool Operations 10 Office Supplies Police Sworn 10 Operating Supplies Community Center Admin 10 Operating Supplies Community Center Admin 10 Equipment Repair & Maint Public Safety Communications 10 Building Repair & Maint.Public Safety Communications 10 Equipment Repair & Maint Senior Center Programs 9 Operating Supplies New Adaptive 9 Conference/Training Park Maintenance 9 Equipment Repair & Maint Senior Center Programs 8 Operating Supplies IT Operating 8 Operating Supplies Outdoor Center 7 Equipment Repair & Maint Senior Center Programs 7 Operating Supplies Youth Programs Admin 7 Operating Supplies IT Operating 6 Equipment Repair & Maint Senior Center Programs 6 Operating Supplies Day Care 6 Operating Supplies Pool Operations 6 Operating Supplies Community Center Admin 5 Tuition Reimbursement/School Police Sworn 5 Conference/Training Park Maintenance 5 Operating Supplies New Adaptive Amount Account Description Business Unit 2 Licenses, Taxes, Fees Utility Operations - General 2 Licenses, Taxes, Fees Utility Operations - General 2 Travel Expense Utility Operations - General 1 Operating Supplies Arts Center 1 Licenses, Taxes, Fees Fleet Operating 0 Licenses, Taxes, Fees Wasterwater Collection 0 Licenses, Taxes, Fees Wasterwater Collection 0 Miscellaneous IT Operating 0 Miscellaneous IT Operating 0 Miscellaneous IT Operating 0 Miscellaneous IT Operating 0 Miscellaneous IT Operating 0 Miscellaneous IT Operating 0 Miscellaneous IT Operating -10 Miscellaneous Assessing -12 Operating Supplies Arts Center -15 Operating Supplies Senior Center Programs -15 Operating Supplies Senior Center Programs -15 Operating Supplies Fitness Admin. -25 Operating Supplies Arts Center -43 Employee Award Organizational Services -87 Operating Supplies Finance -90 Licenses, Taxes, Fees Police Sworn -105 Clothing & Uniforms Utility Operations - General -124 Operating Supplies Senior Center Programs -125 Training Fire -172 Operating Supplies Outreach -2,808 Tuition Reimbursement/School Police Sworn 91,355 Report Total CITY COUNCIL AGENDA SECTION: Public Hearing DATE: March 7, 2023 DEPARTMENT/DIVISION: Julie Klima, Community Development Director; Jeanne Karschnia, Housing Services Coordinator ITEM DESCRIPTION: 2023 Community Development Block Grant (CDBG) Funding Recommendations ITEM NO.: XI. A. Requested Action Move to: Adopt Resolution approving the distribution of 2023 CDBG funds as recommended by the Eden Prairie Human Services Review Committee. Synopsis Eden Prairie’s 2023 CDBG allocation has not yet been announced by the U.S. Department of Housing and Urban Development (HUD). In line with recent annual allocation amounts, staff estimates a 2023 allocation of $280,000, and this figure was used by the Human Services Review Committee to make its funding recommendations for 2023. Once the actual allocation amount is received, the Housing Rehabilitation Program will be increased or decreased accordingly. Federal regulations stipulate that Public Service funding may not exceed 15 percent of the City’s total allocation, plus 15 percent of the prior year Program Income received. An additional $80,000 in prior year Program Income will be used for 2023 activities which will bring the total funding amount to $360,000 which includes the maximum public service funding amount of $67,000. Any additional program income received will be used to cover expenses generated in an existing CDBG Program or activity. The Human Services Review Committee reviewed the 2023 CDBG proposals and recommends the following activities be funded. Public Service Activities Funding PROP (Housing Support Services) $30,000 PROP (Emergency Vehicle Repair) $15,000 PROP (Child Care) $4,000 HOME (Household & Outside Maintenance for the Elderly) $18,000 Subtotal $67,000 Housing and Administrative Activities Funding Housing Rehabilitation Deferred Loan Program $131,000 Rehab Grants $10,000 Affordable Housing - WHAHLT $80,000 Affordable Housing – First Time Homebuyer $15,000 Fair Housing Initiative $2,000 Program Administration $55,000 Total $360,000 Background Information The discussion of how to distribute the 2023 CDBG funds through the Human Services Review Committee included a complete review of all “Request for Funding” applications and the overall distribution of funds in 2022. The Committee’s goals were to support the best and highest use of these funds for human services that demonstrated the most direct benefit to the community. Attachments • 2023 CDBG Summary of Proposals • 2023 Resolution • 2023 Action Plan 2023 CDBG Public Service Application Summary Type of Funds Activity Agency 2023 Request 2022 Funding 2023 HSRC Description Clients Served 2022* Projected Clients 2023 Public Service Emergency Housing Assistance PROP $30,000 $30,000 $30,000 Emergency financial assistance for rent/mortgage payments to prevent homelessness. 8 Households $15,000 15 Households Public Service Vehicle Repair PROP $15,000 $15,000 $15,000 Vehicle repair for low-income Eden Prairie families. Pay 75% of repair costs up to $2,000 per low/mod income household. 8 Residents $3,000 8 Residents Public Service Childcare Subsidy PROP $4,000 $4,000 $4,000 Provide short term child care assistance for residents starting a new job or training program. 5 Youth $1,500 5 Youth Senior Services Household Chore & Main. for seniors Senior Comm. Services (HOME) $25,000 $25,000 $18,000 Provide maintenance and chore services to residents 60 and older 23 Households $11,500 32 Households TOTAL $74,000 $74,000 $67,000 *Clients served 7/1/2022 through 12/31/2022 Public Service funds available for 2023 - $67,000 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2023- RESOLUTION APPROVING THE ALLOCATION OF FISCAL YEAR 2023 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS WHEREAS, the City of Eden Prairie, as an entitlement community, participates in the Community Development Block Grant (CDBG) Program; and WHEREAS, the City of Eden Prairie has developed a proposal for the use of CDBG funds, and held a public hearing on March 7, 2023, to obtain the views of citizens on the proposed use of $280,000 in grant funding plus $80,000 in Program Income funds for the 2023 CDBG Program. A ny additional program income received will be used to cover expenses generated in an existing CDBG Program or activity and not necessarily expenses related to the activity generating the income. BE IT RESOLVED that the City Council of the City of Eden Prairie approves the following activities for funding from the Community Development Block Grant program and authorizes and directs the Mayor and the City Manager to execute Subrecipient and Third-Party agreements on behalf of the City. BE IT FURTHER RESOLVED that if there is an increase or decrease in the estimated allocation amount for the 2023 CDBG fiscal year, the Housing Rehabilitation Deferred Loan Program allocation will be increased or decreased accordingly. BE IT FURTHER RESOLVED that the City Council authorizes the City Manager to apply for 2023 Community Development Block Grant Funds and that the City Manager is authorized to execute on behalf of the City; the Application for Federal Assistance, Form SF424 submitted with the Action Plan, the HUD Funding/Approval form and all Certifications and other documents required in connection therewith. BE IT FURTHER RESOLVED that all unexpended prior year CDBG funds be allocated to an eligible activity in 2024, unless otherwise reallocated by the City Council. Public Service Activities Funding Level PROP (Housing Support Services) $30,000 PROP (Emergency Vehicle Repair) $15,000 PROP (Child Care) $4,000 HOME (Household & Outside Maintenance for the Elderly) $18,000 Subtotal $67,000 Housing Activities Funding Level Housing Rehabilitation Deferred Loan Program $131,000 Rehab Grants $10,000 Affordable Housing - WHAHLT $80,000 Affordable Housing – First Time Homebuyer $15,000 Fair Housing Initiative $2,000 Program Administration $55,000 Total $360,000 ADOPTED by the City Council of the City of Eden Prairie this 7th day of March, 2023. ______________________________ Ronald A Case, Mayor ATTEST: ________________________ Nicole Tingley, City Clerk City of ĚĞŶWƌĂŝƌŝĞ ANNUAL ACTION PLAN FY 2023 DRAFT Annual Action Plan 2023 1 OMB Control No: 2506-0117 (exp. 09/30/2021) Executive Summary AP-05 Executive Summary - 91.200(c), 91.220(b) 1.Introduction The City of Eden Prairie became a Community Development Block Grant (CDBG) entitlement community in 2006. CDBG funds are allocated to the City directly from the U.S. Department of Housing and Urban Development (HUD). The City remains a part of the Hennepin County Consortium for purposes of the Five Year Consolidated Plan and HOME funding. The city held its public hearing on March 7, 2023, to determine how to allocate an estimated $280,000 in 2023 CDBG funding. The city’s Human Services Review Committee (HSRC) met on January 18, 2023, to determine their recommendations that were brought to the council during the public hearing for approval. When the city held its public hearing it had not received its 2023 allocation amount from HUD. The HSRC based their recommendations on an estimated allocation amount of $280,000, with the stipulation that the Housing Rehabilitation Loan program would be increased or decreased accordingly once the actual allocation amount is received. 2.Summarize the objectives and outcomes identified in the Plan This could be a restatement of items or a table listed elsewhere in the plan or a reference to another location. It may also contain any essential items from the housing and homeless needs assessment, the housing market analysis or the strategic plan. The City of Eden Prairie will carry out activities that will provide for the preservation of the City's housing stock, provide affordable housing options, provide essential services to seniors, families and individuals and support Fair Housing activities. The city's CDBG allocation will be used for housing rehabilitation, energy improvements, accessibility improvements and emergency repairs for the purpose of maintaining decent affordable housing. The city plans to rehab six low-and moderate-income, owner occupied homes and assist two seniors with emergency grants. The city's CDBG allocation along with excess program income, if available, will be used to provide rehab grants to nonprofits who serve low- and moderate-income Eden Prairie residents to make needed repairs to their facilities. Annual Action Plan 2023 2 OMB Control No: 2506-0117 (exp. 09/30/2021) The City’s CDBG allocation will be used for affordable housing to help provide decent housing, while maintaining affordability and sustainability. CDBG program income funds will be used for a first time home buyer program to assist one low-and moderate-income household purchase their first home. CDBG entitlement funds will be used by the West Hennepin Affordable Housing Land Trust to support the acquisition of one single family home, which will then be sold to a low-and moderate- income first time homebuyer. The city supports public service programs that provide assistance to low- and moderate-income seniors, families, individuals and youth. These funds help provide access to suitable living environments, maintain affordability, availability and accessibility to housing activities. During 2023, it is anticipated that seventy six low-and moderate-income Eden Prairie residents will be assisted through programs offered by PROP and Senior Community Services. The City will utilize CDBG funds to support fair housing activities through the Fair Housing Implementation Council and will continue to further fair housing in three ways: through its Fair Housing Policy, by providing technical support and advice to potential victims of discrimination, and through its participation in the regional Fair Housing Implementation Council (FHIC). The Fair Housing Policy calls on City staff to spread awareness on what the protected classes are and what constitutes a fair housing violation, and with the City adopting a citywide equity report and accompanying implementation team, this will provide an opportunity to integrate fair housing concepts into an equity-focused working group for dissemination to a larger City cohort. The City’s Fair Housing designee routinely takes calls from potential complainants, making appropriate referrals either to HUD, to local legal advocacy organizations, or to other City departments to try to rectify landlord / tenant issues. The FHIC is busy this year drafting a request for proposals for services that will lessen homeownership disparities between white households and households of color and that will overall enhance access to fair and equal housing for low-income persons, persons for color, and households with a disabled household member. The city will use excess prior year entitlement funds or program income for administration, public service programs, affordable housing and rehabilitation projects. Any additional program income received will be used to cover expenses generated in an existing CDBG Program or activity and not just expenses related to the activity generating the income. 3.Evaluation of past performance This is an evaluation of past performance that helped lead the grante e to choose its goals or projects. Due to the limited amount of CDBG funds received, the city carefully considers each project to make sure that it will meet as many housing and community development needs as possible. There is particular focus on this with the public service agencies, requiring them to report on past performance Annual Action Plan 2023 3 OMB Control No: 2506-0117 (exp. 09/30/2021) and anticipated future performance when applying for funds. The organizations receiving CDBG funding from the City of Eden Prairie typically meet their expected performance goals. These organizations continuously experience high demand for their services and give the city insight into community needs. The city evaluates the organizations receiving CDBG funds through quarterly reports and biennial monitoring visits. By requiring these organizations to submit quarterly reports, the city is able to closely monitor them for timeliness and to ensure they are serving the clientele specified in their funding request. If a grantee is falling behind in their spending or accomplishments, the city works closely with them to come up with solutions. The city believes communication is an important tool to make sure the funded programs are successful. The city maintains spreadsheets that track the past performance of funded organizations and uses these spreadsheets when determining funding. The city is able to look back several years to see trends and to determine if a program is serving its purpose. 4.Summary of Citizen Participation Process and consultation process Summary from citizen participation section of plan. The City of Eden Prairie is part of the Hennepin County Consortium, and therefore the City’s Consolidated Plan is part of the Hennepin County Consortium Consolidated Plan. The Eden Prairie City Council adopted Hennepin County's Citizen Participation Plan at its meeting on July 12, 2023 per Resolution 2023-84. The Citizen Participation Plan details the efforts to broaden public participation in the development of the Action Plan. Hennepin County’s Citizen Participation Plan calls for the Hennepin County Consortium Action Plan to be available for public comment 30 days prior to a public hearing before the Hennepin County Board. The Eden Prairie City Council holds their own public hearing before the Hennepin County comment period and allows the public to comment on the proposed activities. Following the Citizen Participation Plan, notice of the public hearing was published on February 2, 2023, in the Sun Sailor more than ten days prior to the council meeting. The City’s Office of Housing & Community Services (OHCS) responds to questions and inquiries about the plan and makes recommendations to the City Council based on feedback. The Human Services Review Committee used the estimated allocation amount of $280,000 along with $90,000 in program income funds to make the funding recommendations to the city council with the stipulation that the Housing Rehabilitation Loan Program would be increased or decreased accordingly. For the 2023 program year, draft copies of the plan were available for review on the city’s website, at the Eden Prairie library and at Eden Prairie City Center. Public comments were solicited from February 3, 2023 until March 6, 2023. The Eden Prairie city council held a public hearing on March 7, 2023 to approve the city’s 2023 Action plan and adopt the funding resolution. Three nonprofits receiving CDBG grants participated in Eden Prairie’s public hearing and made comments regarding their programs and how they benefit low-and moderate-income Eden Prairie residents. No residents participated in the public hearing and no comments were received prior Annual Action Plan 2023 4 OMB Control No: 2506-0117 (exp. 09/30/2021) to the meeting. After the city’s public hearing, Hennepin County held a 30 day public comment period for the Consortium’s 2023 Annual Action Plan from April 1, 2023-April 30, 2023. A copy of the 2023 Draft Action Plan was available April 1 through April 30, 2023 on the Hennepin County website: www.hennepin.us/housing-plans. Notice of the public comment period and public hearing was sent to the Hennepin County egov list. The Hennepin County Board of Commissioners held a public hearing on Tuesday, April 12, 2023 at 1:30 virtually and no comments were received regarding Eden Prairie’s plan. The public hearing was live streamed on the internet with closed caption, and residents could call in to provide prerecorded or real-time public comment during the hearing. 5. Summary of public comments This could be a brief narrative summary or reference an attached document from the Citizen Participation section of the Con Plan. No comments were received by the residents of Eden Prairie. The city does not typically receive public comments on their action plan. Therefore, throughout the year, the city works hard to engage residents in the planning process. The city relies heavily on residents to point out needs they see in the community. As part of the city’s updated Comprehensive Plan, Aspire Eden Prairie 2040, the City assembled a number of focus groups to address housing, specifically to determine how to meet housing needs going into the future. The information gathered is assisting in planning for future housing needs, including the development and preservation of affordable housing. The City convened a 12-member resident Housing Task Force in 2019-2020, which met 16 times over the period, culminating in a presentation of recommendations to the City Council. The Task Force’s top recommendation, to enact an inclusionary housing ordinance, has been completed. At its goal setting session, the City Council expressed its desire to go out into the community to gather feedback and input on issues facing Eden Prairie residents. The city town hall meetings with the senior community, business community and with residents that represent diversity in EP for a community listening session. The city holds meetings with PROP, the city’s emergency services provider, to discuss resident’s needs/barriers, affordable housing, tenant/landlord issues and homeless prevention. These meetings are very important to the city as a means to understand what the needs are in the community and what can be done to address these needs. The city learned that barriers include child care, affordable housing and transportation. The city plans to fund programs that address these barriers in 2023. The city used social media and a city newsletter this year to reach out to first time homebuyers and current homeowners to advertise the First Time Homebuyer and Housing Rehab programs. By using the newsletter, Facebook, email and the city's webpage we were able to educate the public on the programs the city offers and increase the number of residents who participate in these programs. Annual Action Plan 2023 5 OMB Control No: 2506-0117 (exp. 09/30/2021) 6. Summary of comments or views not accepted and the reasons for not accepting them No comments were received or rejected by the city of Eden Prairie during the public hearing or during the public comment period 7. Summary In summary, the City continues to serve as many low-and moderate-income residents as possible. The city believes that its citizen participation plan as well as input from public service providers enables it to administer CDBG funds efficiently and to meet the needs of its residents. The activities to be undertaken during the 2023 program year address the priority needs and local objectives as set forth in the Consolidated Plan. The activities that are part of the 2023 Action Plan are to be completed within 12 months from the time funds are allocated to the City of Eden Prairie. Annual Action Plan 2023 6 OMB Control No: 2506-0117 (exp. 09/30/2021) PR-05 Lead & Responsible Agencies - 91.200(b) 1. Agency/entity responsible for preparing/administering the Consolidated Plan The following are the agencies/entities responsible for preparing the Consolidated Plan and those responsible for administrat ion of each grant program and funding source. Agency Role Name Department/Agency CDBG Administrator EDEN PRAIRIE Community Development Table 1 – Responsible Agencies Narrative The City of Eden Prairie is a CDBG entitlement community. Eden Prairie is also a member of the HOME consortium of suburban Hennepin County. Therefore, the County serves as the lead agency in the overall development and submittal of the Consortium Consolidated Plan and Annual Action Plans for participating jurisdictions, including CDBG grantees. Consolidated Plan Public Contact Information City of Eden Prairie Office of Housing and Community Services 8080 Mitchell Rd Eden Prairie, MN 55344 Annual Action Plan 2023 7 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-10 Consultation - 91.100, 91.200(b), 91.215(l) 1. Introduction Hennepin County leads the coordination of the Consolidated Plan and Action Plans. Eden Prairie creates the portion of the plan specific to their city and is part of the Hennepin County Consortium Consolidated Plan. Eden Prairie is responsible for the development of annual plans and reports for their CDBG program. The Consolidated Plan and Action Plan is written in accordance with HUD guidelines regarding data requirements and the types of goals by income group and population. City staff consulted with a variety of organizations in the development of the Action Plan, as described below and in the Citizen Participation section. In addition to resident and community partner consultations, the city assessed the current state of housing and community development needs. The City of Eden Prairie has a Development Review Committee comprised of staff from Housing and Community Services, Community Development, Parks and Rec, Police, Fire and Inspections. This committee meets weekly to review proposals for new development and projects. This group works directly with developers, non-profit agencies and other governmental agencies and transit authorities to ensure that all perspectives are considered throughout the review process. The city consults and works closely with the Fair Housing Implementation Council to identify and address fair housing needs throughout the metro area. The Fair Housing Policy calls on City staff to spread awareness on what the protected classes are and what constitutes a fair housing violation. The City’s Fair Housing designee routinely takes calls from potential complainants, making appropriate referrals either to HUD, to local legal advocacy organizations, or to other City departments to try to rectify landlord / tenant issues. Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l)). The City deploys CDBG funding, pooled TIF funds and general fund monies to coordinate services with a host of agencies serving households at a variety of low-and moderate-income levels. The City supports organizations dedicated toward people with mental or other health issues, either as adjunct support services in a general occupancy facility such as Trail Pointe Ridge, a newer development with 13 units dedicated for the long-term homeless and households with a disabled member, and through dedicated facilities specially designed to serve a special population. Among recent CDBG-funded efforts is a partnership with People Reaching Out to People (PROP), a longstanding non-profit partner providing wraparound services, and Relate, a mental services provider, to assist low-and moderate-income residents with comprehensive support services including rental assistance. Awards have also been made to the YMCA and Eden Prairie schools to support youth in the community through skills- and life- Annual Action Plan 2023 8 OMB Control No: 2506-0117 (exp. 09/30/2021) enhancing activities, and to Senior Community Services to help senior residents stay in their homes by providing low- or no-cost repairs around the home. Recently, the City has been in discussion with the Eden Prairie Community Foundation’s newly formed Housing Alliance, particularly as regards community education efforts aimed at destigmatizing affordable housing as well as its inhabitants. Finally, the City operates a Property Managers Collaborative that aims to share knowledge between building managers and owners and the City, with several of its departments including regular updates from Police and Fire participating and sharing information as to what’s happening in the community, best practices, and tenant rights and responsibilities. Every year, the City of Eden Prairie provides grant funding, through CDBG and the General Fund, to community service agencies to provide services to seniors, individuals, children and families. Coordination of the grants takes place within the City’s Office of Housing and Community Services (OHCS). Many of these services are provided on-site to residents living in the three Section 8 project-based housing developments in Eden Prairie. These housing developments are Briarhill, Prairie Meadows and Edendale Retirement Residence. OHCS staff coordinate outreach strategies with the local emergency service provider, PROP, to property managers to ensure they are aware of the programs and services that are available to the tenants living in their buildings. The city uses general funds to support a YMCA program at Briarhill to increase access to food and community resources as well as educational supports for students during COVID-19. The city is working with Edendale to provide food access as well as providing updates on access to COVID-19 testing, vaccinations and resources. Eden Prairie is collaborating with Onward Eden Prairie to provide housing to youth who are homeless. The program offers supportive housing with supervision and case management to help young people get the education and job skills to lift them out of poverty. OHCS assists residents interested in applying for the wait list for the Housing Choice Voucher program if waiting lists are opened. The City receives calls from community members regarding section 8 housing opportunities in Eden Prairie. Staff provide information, referrals and connection to social service agencies that are designed to fit their particular needs. Assistance is available in English, Spanish and Somali. OHCS staff assists immigrants with employment services and unemployment applications. Finally, the City also works with various public agencies including other cities, Hennepin County, and state agencies. This collaboration allows the City to find out more about what these organizations are seeing in their community and helps the City prepare for future needs. Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness. The Minneapolis/Hennepin County Continuum of Care (CoC) & Hennepin HHS’s Housing Stability convene CoC members around specific target populations (Youth Collaborative, Family Services Network, Shelter leadership meeting) and intervention types) in order to coordinate and develop new Annual Action Plan 2023 9 OMB Control No: 2506-0117 (exp. 09/30/2021) collective strategies to make homelessness rare, brief and non-recurring. The CoC's Executive Committee supports these strategies, and the Funding Committee evaluates existing and proposed projects for service and reallocates funds to meet emerging needs. The City of Eden Prairie will work to contact the Continuum of Care staff at Hennepin County to assist with residents of Eden Prairie that are at risk of homelessness or have experienced homelessness. Additionally, the City would contact our partnering agencies such as PROP, Onward Eden Prairie and MoveFWD to assist with potential homelessness depending on the needs of the resident. All homeless designated housing programs that receive public funding are required to fill all vacancies through the Coordinated Entry System (CES). This allows for a system-wide assessment and prioritization of people most in need of each housing type. The CES system prioritizes chronically homeless persons and families, alongside household preferences. Our community has very few homeless families that meet the HUD definition of chronic homelessness due to a shelter-all policy for families and access to rapid rehousing and permanent supportive housing through CES. Hennepin CoC has reduced family homelessness overall by 42% over the last six years as reflected in our Point-In Time (PIT) count data for HUD (2014 PIT people in families = 2,088; 2020 PIT people in families = 1,220). For single adults, Housing Stability has developed a by-name list of those who meet the length-of-time homeless requirement for chronic homeless status plus disability status. They verify disability status and provide support to access housing. This approach dramatically accelerated housing outcomes from 76 chronically homeless individuals housed in 2018 to 285 individuals in 2019. Since June of 2017 over 1000 chronically homeless people were housed with a 94% retention rate. The State of Minnesota adopted a by-name registry for veterans in 2015 and has since housed more than 1,028 veterans, more than 2/3 of all veterans identified as experiencing homelessness in that time. Outreach is provided at the Adult Opportunity Center, shelters & Drop-in Centers, through the VA MH Homeless Mobile Outreach program, and Minneapolis VA's Community Resource & Referral Center. The youth-specific crisis response system in Hennepin CoC consists of multiple access points (crisis line, website and mobile app, drop-in centers, and street and school outreach), prevention services, youth- specific Emergency Shelter beds, Rapid ReHousing / Transitional Housing beds, Host Homes and Permanent Supportive Housing units. These are spread across providers who receive a combination of federal, state, county and private funds. Describe consultation with the Continuum(s) of Care that serves the jurisdiction’s area in determining how to allocate ESG funds, develop performance standards for and evaluate Annual Action Plan 2023 10 OMB Control No: 2506-0117 (exp. 09/30/2021) outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS Eden Prairie does not receive ESG funds. 2. Agencies, groups, organizations and others who participated in the process and consultations Annual Action Plan 2023 11 OMB Control No: 2506-0117 (exp. 09/30/2021) Table 2 – Agencies, groups, organizations who participated 1 Agency/Group/Organization EDEN PRAIRIE Agency/Group/Organization Type Other government - Local What section of the Plan was addressed by Consultation? Housing Need Assessment Homeless Needs - Families with children Homelessness Needs - Unaccompanied youth Homelessness Strategy Non-Homeless Special Needs Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Human Services Review Committee: This committee is comprised of City staff from a variety of departments, including Housing and Community Services, Community Development, Zoning Enforcement, Police, Administration and Parks and Recreation. This group meets as necessary to work on issues related to housing and community needs. Each year, this committee reviews requests for funding from service providers and makes funding recommendations to the City Council. There are two sources of funding for community services, the City's general fund and CDBG. The recommendations are based on review of written proposals, site visits and other methods to determine the quality of the service and the overall value to the community. The Office of Housing and Community Services meets to determine recommendations for how CDBG funds will be used for housing programs. The recommendations are based on funds available and needs in the community. The city's Housing Rehab Program and First Time Homebuyer Program are popular programs that are funded with CDBG funds. 2 Agency/Group/Organization Senior Community Services (SCS) Agency/Group/Organization Type Services-Elderly Persons What section of the Plan was addressed by Consultation? Non-Homeless Special Needs Annual Action Plan 2023 12 OMB Control No: 2506-0117 (exp. 09/30/2021) Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? To determine needs for low-and moderate-income seniors living in Eden Prairie, the city consults with Senior Community Services. Senior Community Services is able to tell city employees what trends they are seeing in the senior community and what the greatest need is. Currently, as the population ages, many seniors are trying to stay in their homes longer. By providing in-home technology support and chore services through the HOME program, they are able to help seniors avoid moving out of their homes. Senior Community Services has noticed a trend that the number of residents they are able to serve with CDBG funds has gone down because each senior requires more services and there is not enough funds remaining to meet the needs of additional seniors. They use CDBG funds to leverage other funding to assist more seniors. As the population in Eden Prairie ages, this is a program that is vital to the city as a resource for seniors. 3 Agency/Group/Organization People Reaching out to Other People Agency/Group/Organization Type Services - Housing Services-Children Transportation What section of the Plan was addressed by Consultation? Housing Need Assessment Homeless Needs - Families with children Non-Homeless Special Needs Annual Action Plan 2023 13 OMB Control No: 2506-0117 (exp. 09/30/2021) Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? To determine need and anticipated resources for low-and moderate-income families living in Eden Prairie. The city consulted PROP to help with planning the best way to use CDBG funds to prevent homelessness. 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. PROP helps the city understand that funding from the city 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. After consulting with PROP regarding car repair needs in the community, it was determined that there is a large need for car repair assistance in Eden Prairie so low-and moderate-income residents have dependable transportation to work and school. PROP’s Child Care program that provides short term assistance to residents who are beginning a new job or training program. 4 Agency/Group/Organization WEST HENNEPIN AFFORDABLE HOUSING LAND TRUST Agency/Group/Organization Type Housing What section of the Plan was addressed by Consultation? Housing Need Assessment Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The city consulted with WHAHLT to determine the need for affordable housing and the availability of housing in the city. WHAHLT struggles with finding available properties within Eden Prairie that are affordable. Finding affordable housing in Eden Prairie is a high priority for the city and working with WHAHLT is a way to attain this goal. Annual Action Plan 2023 14 OMB Control No: 2506-0117 (exp. 09/30/2021) 5 Agency/Group/Organization City of Eden Prairie Agency/Group/Organization Type Services - Broadband Internet Service Providers Services - Narrowing the Digital Divide Agency - Managing Flood Prone Areas Agency - Management of Public Land or Water Resources Agency - Emergency Management Other government - Local What section of the Plan was addressed by Consultation? Broadband services and emergency management Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The city consulted with the Planning, Communications and IT departments to determine the Broadband needs of low- and moderate-income Eden Prairie residents along with steps being taken to address these needs. The Eden Prairie Fire Department was also consulted. Fire is responsible for the Emergency Management Plan within the city. This plan protects the city by coordinating and integrating all activities to build, sustain, and improve capabilities to prevent, mitigate, prepare for, respond to and recover from threatened or actual natural disasters, fires, flooding, acts of terrorism or other man-made disasters. Identify any Agency Types not consulted and provide rationale for not consulting All agencies listed above were consulted. Annual Action Plan 2023 15 OMB Control No: 2506-0117 (exp. 09/30/2021) Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Continuum of Care Hennepin County The Eden Prairie CDBG Action Plan identified homeless prevention activities as important goals. This includes direct homeless prevention housing assistance as well as affordable housing programs. Aspire 2040 City of Eden Prairie Aspire 2040 lays out development of the city for the next 20 years. It also identifies affordable housing efforts within the city, which may be impacted by the city's CDBG efforts. Housing Task Force City of Eden Prairie Using Aspire 2040 and the City's Action Plan as guides, the twelve member, city council appointed, Task Force addressed key goals and strategies including inclusionary housing, affordable housing trust funds, NOAH preservation, tenant protection ordinances, strategies to support seniors, development along transit lines, and a number of other policy and strategic recommendations. Metropolitan Council Metropolitan Council The Eden Prairie CDBG Action Plan has overlap with the Housing Policy Plan. Both plans identify priorities related to maintaining existing affordable housing stock and providing a mix of affordable housing options for households of all life stages and economic means. Eden Prairie Race Equity Report City of Eden Prairie The Eden Prairie Race Equity Report includes a list of recommendations to drive equity and inclusion in the City of Eden Prairie. Recommendations include strategies to drive equity in housing through barrier reduction, affordability, development strategies and social service support. Table 3 - Other local / regional / federal planning efforts Narrative The City of Eden Prairie coordinates with Hennepin County, and the other entitlement communities that comprise the consortium , in setting the priorities of need, the citizen participation and the fair housing strategic plan for the five year span. The Eden Prairie CDBG program attempts to address the widest range of needs possible despite limited resources. The Action Plan identifies a variety of goals to promote housing affordability, provide suitable and well-maintained housing and accessibility to needed social services for low-and moderate-income Eden Prairie households. Annual Action Plan 2023 16 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-12 Participation - 91.401, 91.105, 91.200(c) 1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal-setting Eden Prairie supports and encourages the participation of citizens, community groups, and other interested agencies in their planning process. The citizen participation process is designed to encourage all residents, including non-English speaking, minority populations, and low- and moderate-income persons to participate in the process. Attempts are made to include residents of areas where CDBG-funded projects currently exist. The citizen participation process impacted goal setting by giving the city a clear vision of where funds would be best allocated to meet the greatest needs in the community. The city plans to use focus groups and community meetings for future planning. 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. The city solicited public comments from February 3 to March 6, 2023. This thirty-day comment period was published in the Sun Sailor on February 2, 2023 and in the city manager’s report on February 10, 2023. The goal was to solicit comments from the public regarding the Annual Action Plan. The plan was available for review upon request on the city’s website and a copy of the plan was available for review at Eden Prairie City Center. No comments were received during the citizen participation process. Any resulting changes to Plan goals would be made in accordance with the procedures outlined in the Consortium's Citizen Participation Plan. The Eden Prairie city council held a public hearing on March 7, 2023 to approve the city’s 2023 Action plan. After the city’s public hearing, Hennepin County held a 30 day public comment period for the Consortium’s 2023 Annual Action Plan from April 1, 2023-April 30, 2023. Hennepin County’s public hearing was held on April 12, 2023 and no comments were received regarding Eden Prairie’s plan. The city completed its Housing Task Force to address inclusive, affordable and other housing options. This group was made up of residents, business owners and nonprofit representatives with city staff acting as a liaison to the group. The Housing Task Force focused on gathering data and formulating a list of recommendations which they presented to the City Council. These recommendations are currently being used to drive city policy regarding affordable housing initiatives. In August City Council members hosted a town hall meeting with residents from diverse backgrounds to learn about their experiences living in Eden Prairie. The feedback from the meeting is helping to guide City staff with implementing recommendations outlined in the City’s Race Annual Action Plan 2023 17 OMB Control No: 2506-0117 (exp. 09/30/2021) Equity Report. Attendees represented community members, community organizations and educational institutions. During the event, attendees expressed an appreciation that the City and Council had devoted energy to providing the community with updates and continued conversation. Attendees asked questions of staff and elected officials about plans for the future while also sharing their personal/professional experiences within the community and ideas for future action. The OHCS has Somali and Spanish speaking staff available to allow residents to express the needs of their community in their preferred language. The OHCS facilitated an EP Connections Group that listened to the concerns of Eden Prairie immigrant families regarding Covid, vaccinations, and connecting services to the elderly. This group plans to continue meeting throughout the year to receive input from Eden Prairie immigrants regarding needs and concerns within their community. The Eden Prairie Human Rights and Diversity Commission (HRDC) serve as an advisory commission to the City Council. The Commission recently completed the Eden Prairie Race Equity Report which included community engagement sessions with community members and representatives of community organizations. Participants gave feedback focused on building a more inclusive community. Using data received from their Race Equity Report, the HRDC has undertaken a Race Equity Initiative to focus on building a more inclusive community. This will include internal document review as well as community listening sessions. Annual Action Plan 2023 18 OMB Control No: 2506-0117 (exp. 09/30/2021) Citizen Participation Outreach Sort O rder Mode of O utreach Target of O utreach Summary of response/att endance Summary of comments r eceived Summary of co mments not accepted and reasons URL (If applicable) 1 Public Meeting Non- targeted/br oad community Attendance by three CDBG Grantees Comments made by the three grantees were related to providing information about the organization and thanking the city council for their support. N/A 2 Internet Outreach Non- targeted/br oad community N/A No comments received N/A http://www.edenprairie.org/city- government/departments/community- development/housing-and-community-services 3 Newspaper Ad Non- targeted/br oad community N/A No comments received N/A Annual Action Plan 2023 19 OMB Control No: 2506-0117 (exp. 09/30/2021) Sort O rder Mode of O utreach Target of O utreach Summary of response/att endance Summary of comments r eceived Summary of co mments not accepted and reasons URL (If applicable) 4 City Manager Report Non- targeted/br oad community N/A No comments received N/A https://www.edenprairie.org/Home/Components/N ews/News/10627/92?arch=1 Table 4 – Citizen Participation Outreach Annual Action Plan 2023 20 OMB Control No: 2506-0117 (exp. 09/30/2021) Expected Resources AP-15 Expected Resources - 91.420(b), 91.220(c)(1,2) Introduction During the 2023 program year, the city anticipates receiving its annual allocation of $280,000 along with $90,000 in program income for a total available funding amount of $370,000. Anticipated Resources Program Source of Funds Uses of Funds Expected Amount Available Year 1 Expected Amount Available Remainder of ConPlan $ Narrative Description Annual Allocation: $ Program Income: $ Prior Year Resources: $ Total: $ CDBG public - federal Acquisition Admin and Planning Economic Development Housing Public Improvements Public Services 280,000 90,000 0 280,000 600,000 During the 2023 program year, the city anticipates receiving its annual allocation of $280,000 along with $90,000 in program income for a total available funding amount of $370,000. Table 5 - Expected Resources – Priority Table Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied Annual Action Plan 2023 21 OMB Control No: 2506-0117 (exp. 09/30/2021) When possible, federal funds are leveraged with additional resources. For the housing rehabilitation program, homeowners will use their own funds with the CDBG funds. If lead is found during the PIRA inspection, the homeowner will work with Hennepin County to pursue additional grant funding they may be eligible to receive. Affordable housing programs leverage additional county, state and federal funds for additional down payment assistance and rehab of purchased properties. All public service agencies use CDBG funds to leverage additional public and private funds. In most cases, CDBG funds are only a small portion of their total budget. Commitment of CDBG funds by the city allows the public service agencies to seek out additional funding sources that require a commitment. If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the ne eds identified in the plan N/A Discussion During the 2023 program year, the city anticipates receiving its annual allocation of $280,000 along with $90,000 in program income for a total available funding amount of $370,000. If available, the city will use excess prior year entitlement funds or program income for administration, public services, affordable housing and rehabilitation projects. Annual Action Plan 2023 22 OMB Control No: 2506-0117 (exp. 09/30/2021) Annual Goals and Objectives AP-20 Annual Goals and Objectives - 91.420, 91.220(c)(3)&(e) Goals Summary Information Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 1 Homeowner Rehabilitation 2020 2024 Affordable Housing Citywide Preserve/Create Single Family Homeownership CDBG: $101,000 Homeowner Housing Rehabilitated: 8 Household Housing Unit 2 Rehab Grants 2020 2024 Non-Homeless Special Needs Citywide Rehab Grants CDBG: $10,000 Facade treatment/business building rehabilitation: 1 Business 3 Direct Homebuyer Assistance 2020 2024 Affordable Housing Citywide Preserve/Create Single Family Homeownership CDBG: $25,000 Homeowner Housing Added: 1 Household Housing Unit 4 Acquisition 2020 2024 Affordable Housing Citywide Preserve/Create Single Family Homeownership CDBG: $80,000 Homeowner Housing Added: 1 Household Housing Unit 5 Senior Services 2020 2024 Non-Homeless Special Needs Non-Housing Community Development Senior Public Service Citywide Education, Outreach and Services CDBG: $18,000 Public service activities other than Low/Moderate Income Housing Benefit: 32 Persons Assisted Annual Action Plan 2023 23 OMB Control No: 2506-0117 (exp. 09/30/2021) Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 6 Public Services 2020 2024 Non-Homeless Special Needs Non-Housing Community Development Citywide Education, Outreach and Services CDBG: $45,000 Public service activities other than Low/Moderate Income Housing Benefit: 8 Persons Assisted Public service activities for Low/Moderate Income Housing Benefit: 15 Households Assisted 7 Youth Services 2020 2024 Non-Housing Community Development Citywide Education, Outreach and Services CDBG: $4,000 Public service activities other than Low/Moderate Income Housing Benefit: 5 Persons Assisted 8 Fair Housing 2020 2024 Fair Housing Citywide Fair Housing CDBG: $2,000 Other: 1 Other 9 Administration 2020 2024 Administration Citywide Administration CDBG: $55,000 Other: 1 Other Table 6 – Goals Summary Goal Descriptions Annual Action Plan 2023 24 OMB Control No: 2506-0117 (exp. 09/30/2021) 1 Goal Name Homeowner Rehabilitation Goal Description The City of Eden Prairie expects to rehabilitate six owner-occupied homes through the Housing Rehabilitation Loan Program. The program is funded using CDBG formula funds and program income. The program provides up to $30,000, depending on availability of funds, for eligible repairs through an interest free, deferred loan, with a phased repayment. The loan is forgiven after 20 years. Applications are accepted year round on a “first come, first served” basis. Applicants qualify based on their household income being at or below 80% of the Area Median Income (AMI) and the amount of equity in their home. An emergency rehab grant program will also be available for seniors to receive grants up to $7,500 to make emergency repairs to their homes. It is expected that two emergency grants will be made. 2 Goal Name Rehab Grants Goal Description Provide rehabilitation grants to non-profits that serve low-and moderate-income Eden Prairie residents to update their facilities. 3 Goal Name Direct Homebuyer Assistance Goal Description The city assists low-and moderate-income first time homebuyers through a down payment assistance program. The city expects to provide one First Time Homebuyer loan. Down payment assistance is an interest free deferred loan up to $25,000 that provides 50% of the required down payment, $5000 in closing costs and 10% principle reduction. Loan amounts are dependent on availability of program income funds. 4 Goal Name Acquisition Goal Description CDBG funds are used for the acquisition of one affordable property by West Hennepin Affordable Housing Land Trust (WHAHLT) and then sold to a low-and moderate-income eligible buyer. WHAHLT retains ownership of the land on which the home sits, thereby assuring that it will remain an affordable property for a term of 99 years. 5 Goal Name Senior Services Goal Description Assistance to low-and moderate-income Eden Prairie seniors with interior and exterior home maintenance (such as yard work, snow removal, and minor repairs) and in-home technology support to help seniors remain in their homes with dignity and safety. Annual Action Plan 2023 25 OMB Control No: 2506-0117 (exp. 09/30/2021) 6 Goal Name Public Services Goal Description Provide assistance to low-and moderate-income Eden Prairie households in danger of becoming homeless that need emergency assistance for housing costs (rent/mortgage). Provide emergency transportation assistance to low-and moderate-income Eden Prairie residents through the Emergency Vehicle Repair program. 7 Goal Name Youth Services Goal Description Provide low-and moderate-income Eden Prairie parents, who may be working or attending school, with child care fee assistance. 8 Goal Name Fair Housing Goal Description Fair Housing activities include education for property managers, staff training, community outreach, and referral to Legal Aid. Funds are provided to Dakota County CDA for implementation of the Fair Housing activity. 9 Goal Name Administration Goal Description Implementation of the CDBG program for the city of Eden Prairie. Annual Action Plan 2023 26 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-35 Projects - 91.420, 91.220(d) Introduction As determined at the March 7, 2023 public hearing, and adopted by Eden Prairie City Council Resolution No. 2023-, the city of Eden Prairie will undertake activities related to housing rehabilitation, homebuyer assistance, public services, fair housing and program administration. # Project Name 1 Housing Rehabilitation 2 Affordable Housing 3 Family Public Services 4 Senior Services 5 Rehab Grants 6 Fair Housing 7 Administration Table 7 – Project Information Describe the reasons for allocation priorities and any obstacles to addressing underserved needs The City is in contact on a regular basis with a number of nonprofit agencies which coordinate and provide assistance for those who have underserved needs. The City will continue to be in contact with these agencies to learn about the underserved need in the community and how the City can help meet these needs. Despite limited funding, Eden Prairie’s CDBG program is designed to meet a wide range of needs, including services for low-and moderate-income seniors, youth and families. The city also participates in fair housing activities, housing rehabilitation and affordable housing programs. The city works with public, private, nonprofit and private industry partners to accomplish its community development goals using CDBG and other funding sources. In an effort to further the city's efforts in assisting low-and moderate-income households, the following are additional actions in which the city provides or participates in. The proposed actions the City of Eden Prairie will take to reduce the number of persons below the poverty line are seen in the public services programs the city funds, both with general funds and CDBG funds, which promote self-sufficiency. Funded public service programs such as the vehicle repair program, the emergency housing assistance program, Meals on Wheels, and the HOME program have the common theme of helping people become or remain self sufficient. Helping people become or remain self-sufficient will reduce the likelihood that they will fall below the poverty line. An obstacle to meeting underserved needs the City has encountered has been a lack of affordable housing for potential homebuyers in its First Time Homebuyer Program. Due to the current Annual Action Plan 2023 27 OMB Control No: 2506-0117 (exp. 09/30/2021) housing market in the area, the City has encountered a lack of available housing in the price range that is within reach of young families and individuals who qualify for mortgages in the range of $250,000 to $300,000. The rising interest rates and lack of single family homes has become a barrier to first time homebuyers looking to purchase a home in Eden Prairie using the First Time Homebuyer Program. A lack of affordable housing stock on the market has also been a barrier to WHAHLT securing an affordable property in Eden Prairie. The lack of properties selling for under $300,000 makes it difficult for WHAHLT to secure the funding necessary to purchase single family homes in Eden Prairie. Annual Action Plan 2023 28 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-38 Project Summary Project Summary Information Annual Action Plan 2023 29 OMB Control No: 2506-0117 (exp. 09/30/2021) 1 Project Name Housing Rehabilitation Target Area Citywide Goals Supported Homeowner Rehabilitation Needs Addressed Preserve/Create Single Family Homeownership Funding CDBG: $101,000 Description Housing rehabilitation including energy efficiency repairs for low-and moderate-income Eden Prairie homeowners. The rehabilitation loan program provides up to $30,000, depending on availability of funds, for eligible repairs through an interest free, deferred loan that is forgiven after twenty years. These loans are offered in an effort to help maintain the condition of housing and neighborhoods in Eden Prairie. An emergency rehab grant program will also be available for seniors to receive grants up to $7,500 to make emergency repairs which to their homes Target Date 6/30/2024 Estimate the number and type of families that will benefit from the proposed activities Housing Rehab Program - six low-and moderate-income Eden Prairie households Emergency Repair Program - two low-and moderate-income Eden Prairie senior households Location Description This program is available citywide to low-and moderate-income households. Planned Activities Housing Rehabilitation 2 Project Name Affordable Housing Target Area Citywide Goals Supported Direct Homebuyer Assistance Acquisition Needs Addressed Preserve/Create Single Family Homeownership Funding CDBG: $105,000 Annual Action Plan 2023 30 OMB Control No: 2506-0117 (exp. 09/30/2021) Description Funding for down payment assistance for low-and moderate-income first time home buyers. The Eden Prairie First Time Homebuyer Program offers a zero interest, deferred loan up to $25,000 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. CDBG funds are used for acquisition of an affordable property by West Hennepin Affordable Housing Land Trust (WHAHLT) and then sold to a low-and moderate- income eligible buyer. WHAHLT retains ownership of the property on which the home sits, thereby assuring that it will remain an affordable property for a term of 99 years. Target Date 6/30/2024 Estimate the number and type of families that will benefit from the proposed activities First Time Homebuyer Program - One low-and moderate-income household Acquisition - One low-and moderate-income household. Location Description This program is available citywide to low-and moderate-income households. Planned Activities First time homebuyer down payment assistance for one low-and moderate-income household. WHAHLT - affordable housing acquisition to be sold to one low-and moderate-income first time homebuyer. 3 Project Name Family Public Services Target Area Citywide Goals Supported Public Services Youth Services Needs Addressed Education, Outreach and Services Funding CDBG: $49,000 Annual Action Plan 2023 31 OMB Control No: 2506-0117 (exp. 09/30/2021) Description The Homeless Prevention program provides one to three months of emergency mortgage and rent payments for low-and moderate-income Eden Prairie families facing a housing crisis. The goal of the program is to prevent homelessness and to stabilize families in their homes and alleviate a financial crisis. The Car Repair program helps low-and moderate-income Eden Prairie residents maintain self sufficiency by assisting with the costs of repairs to their vehicles. This enables residents to maintain their transportation and continue working. Provide child care fee assistance for residents starting a new job or job training. Target Date 6/30/2024 Estimate the number and type of families that will benefit from the proposed activities Emergency Housing - 15 low-and moderate-income households Emergency Car Repair - 8 low-and moderate-income households Child Care - 5 low-and moderate-income households Location Description These programs are available citywide to low-and moderate-income households. Planned Activities Emergency rent/mortgage assistance, emergency car repair assistance and short term child care assistance 4 Project Name Senior Services Target Area Citywide Goals Supported Senior Services Needs Addressed Education, Outreach and Services Funding CDBG: $25,000 Annual Action Plan 2023 32 OMB Control No: 2506-0117 (exp. 09/30/2021) Description Senior Community Services helps maintain independence for elders and avoid premature nursing home placement by providing low-and moderate-income older adults with high-quality chore and home maintenance services delivered by trusted professionals and community volunteers. HOME services are provided on a sliding-fee scale at an affordable cost, and include: 1) Housekeeping: housework that is often difficult for older adults to safely perform such as cleaning, laundry and grocery shopping. 2) Outdoor: snow shoveling and de-icing, grass cutting and leaf raking, helping to prevent winter senior falls. 3) Handyperson: changes furnace filters, install winter weatherization, and make plumbing, carpentry and electrical repairs. 4) Home Safety: safety assessments and make improvements, such as grab bars and improved lighting, and reduce tripping hazards. 5) Painting: interior and exterior painting. 6) Technology Support Target Date 6/30/2024 Estimate the number and type of families that will benefit from the proposed activities 32 low-and moderate-income seniors will receive chore service benefits Location Description This program is available citywide to low-and moderate-income senior households. Planned Activities Provide maintenance and chore assistance to low-and moderate- income Eden Prairie senior households. 5 Project Name Rehab Grants Target Area Citywide Goals Supported Rehab Grants Needs Addressed Rehab Grants Funding CDBG: $10,000 Description Provide grants to non-profits that serve low-and moderate-income Eden Prairie residents for rehabilitation of facilities Target Date 6/30/2024 Estimate the number and type of families that will benefit from the proposed activities Provide one rehab grant to a non-profit who serves low-and moderate- income Eden Prairie residents to make needed repairs to their facilities. Grants will be provided as needed if additional program income funds are available. Annual Action Plan 2023 33 OMB Control No: 2506-0117 (exp. 09/30/2021) Location Description This project is available citywide to non-profits that serve low-and moderate-income Eden Prairie residents Planned Activities Provide grants to non-profits that serve low-and moderate-income Eden Prairie residents for rehabilitation of facilities 6 Project Name Fair Housing Target Area Citywide Goals Supported Fair Housing Needs Addressed Fair Housing Funding CDBG: $2,000 Description The City is an active member of the Fair Housing Implementation Council (FHIC), a coalition comprised of the counties of Anoka, Dakota, Hennepin, Ramsey and Washington; the Metro HRA (Metropolitan Council); the Community Development Agencies of Scott and Carver counties; and the cities of Bloomington, Eden Prairie, Minneapolis, Minnetonka, Plymouth, Coon Rapids, Saint Paul and Woodbury. A second coalition, the Fair Housing Advisory Committee (FHAC), was formed to incorporate feedback from the community and a HUD technical services provider to inform and improve the regional Analysis of Impediments. The scope of work includes both informing those most likely to experience discrimination of their fair housing rights and connecting them with government decision-makers to address barriers to fair housing. Target Date 6/30/2024 Estimate the number and type of families that will benefit from the proposed activities Low-and moderate-income Eden Prairie residents will benefit from the Fair Housing Implementation Council's (FHIC) work to identify and eliminate barriers to Fair Housing. The FHIC's work includes outreach, education and enforcement activities. This work is not measured in number of people served but is designed to help as many people as possible experience a better quality of life. Location Description Citywide Planned Activities The city of Eden Prairie will participate in and help to fund fair housing activities through the Fair Housing Implementation Council, which provides support for fair housing activities. Activities include education for property managers, staff training community outreach and referral to Legal Aid. Funds are provided to Dakota County CDA for implementation of the fair housing activity. Annual Action Plan 2023 34 OMB Control No: 2506-0117 (exp. 09/30/2021) 7 Project Name Administration Target Area Citywide Goals Supported Administration Needs Addressed Administration Funding CDBG: $55,000 Description Implement and coordinate the CDBG program. Target Date 6/30/2024 Estimate the number and type of families that will benefit from the proposed activities Location Description Citywide Planned Activities Implement and coordinate the CDBG program for Eden Prairie Annual Action Plan 2023 35 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-50 Geographic Distribution - 91.420, 91.220(f) Description of the geographic areas of the entitlement (including areas of low -income and minority concentration) where assistance will be directed All programs will be provided on a city-wide basis and will be directed to low-and moderate-income Eden Prairie residents whose household income is at or below 80% AMI. Geographic Distribution Target Area Percentage of Funds Citywide 100 Table 8 - Geographic Distribution Rationale for the priorities for allocating investments geographically Because there are no concentrations of poverty or other significant factors, all programs are available city-wide. Discussion Annual Action Plan 2023 36 OMB Control No: 2506-0117 (exp. 09/30/2021) Annual Action Plan 2023 37 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-75 Barriers to affordable housing -91.420, 91.220(j) Introduction The city of Eden Prairie strives to assist residents with affordable housing. This is accomplished through CDBG funded programs including Housing Rehabilitation, First Time Homebuyer and WHAHLT. Public service providers also assist residents with affordable housing through homeless prevention, car repair and maintenance chore services for seniors. Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housi ng such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, a nd policies affecting the return on residential investment Eden Prairie uses many strategies to remove barriers to affordable housing. By using the community land trust model, these properties remain affordable for 99 years. The City uses Tax Increment Financing (TIF) and other tools to help incentivize developers to build multi-family developments in Eden Prairie. City policy requires developers who receive public TIF financing to set aside 20% of the units as affordable at the 50% Area Median Income (AMI). Most notably, the City’s new inclusionary housing ordinance requires affordability regardless of any special barriers. Eden Prairie is the only regional municipality to require its inclusionary units to remain affordable in perpetuity rather than timing out in 15, 20, or 30 years. The City uses CDBG funds in the single family home rehabilitation program to help homeowners keep their properties viable and structurally sound. Without the home rehabilitation program, some of our residents, particularly senior citizens, could not afford to make the repairs which are necessary to stay in their homes. The City of Eden Prairie allocates general funds for public service programs. These programs support people who are currently homeless, facing homelessness or have other special needs. Discussion Eden Prairie will continue to support existing programs that remove barriers to affordable housing as well as participate in regional opportunities to address affordable housing issues. The city will continue its policy of making housing affordable citywide. Annual Action Plan 2023 38 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-85 Other Actions - 91.420, 91.220(k) Introduction Eden Prairie’s CDBG program is designed to meet a wide range of needs, including services for seniors, youth and families. The city also participates in fair housing activities, housing rehabilitation and affordable housing programs. The city works with public, private, non-profit and private industry partners to accomplish its community development goals using CDBG and other funding sources. In an effort to further the city's efforts in assisting low- and moderate-income households, the following are additional actions which the city provides or participates in. Actions planned to address obstacles to meeting underserved needs The City will continue to identify obstacles, such as lack of affordable housing, to address unmet and underserved community needs and support the goals established in the Aspire 2040 Consolidated Plan that benefit residents throughout the life cycle. The City’s approach to meeting these affordable housing needs includes, as one example, assisting renters in purchasing homes by providing down payment and closing cost assistance combined with counseling and education to low-and moderate- income families. The City also works to preserve and expand the supply of decent, safe, and affordable housing, by providing financial assistance for rehabilitation and repair of owner-occupied units to low- and moderate-income families. In addition, the City works closely with the West Hennepin Affordable Housing Land Trust (aka Homes Within Reach) to bring homeownership within reach for lower-income households, and just this month received an award of $180,000 from the Metropolitan Council to further these efforts. Activities such as the City’s first-time homebuyer program and its community land trust investments disproportionately serve households of color, meeting a dramatically unserved need across the region and state. The City also intends to apply to Hennepin County by late January for a broadband grant aimed at bringing down the costs of and increasing access to high quality internet services. Targeted to Project-Based Section 8 and other low-income properties serving many BIPOC and elderly households, this effort will help narrow the educational and logistical gaps between well-served households and those having to make do with low speeds or who even lack basic access. Finally, as articulated below, Eden Prairie secures affordability in all new developments via its inclusionary housing ordinance. This includes serving vulnerable populations such as seniors moving into assisted living and memory care. The proposed actions the City of Eden Prairie will take to reduce the number of persons below the poverty line are seen in the public service programs the city funds, both with general funds and CDBG funds, which promote self-sufficiency. Funded public service programs such as the vehicle repair program, the emergency housing assistance program, Meals on Wheels, and the HOME Program have the common theme of helping people become or remain self sufficient. Helping people become or Annual Action Plan 2023 39 OMB Control No: 2506-0117 (exp. 09/30/2021) remain self-sufficient will reduce the likelihood that they will fall below the poverty line. Actions planned to foster and maintain affordable housing As mentioned in last year’s Action Plan, the City, at the Council’s direction, sponsored a Housing Task Force charged with presenting a range of program and policy options to City leadership. Meeting from June 2019 until October 2020, the diverse members tackled a range of policy areas and presented its findings to the City Council in late 2020. Representing a wide range of disciplines the Task Force made recommendations on several items, including formalizing an inclusionary policy (now a functional local ordinance requiring affordability contributions in all new multifamily housing developments), creating an affordable housing trust fund (now created), and developing an inventory and strategies for preservation of NOAH properties (staff is completing a formal Action Plan for preservation of NOAH housing stock). This last item, as well as ongoing participation in the regional Fair Housing Implementation Council (which recently released a RFP aimed at narrowing the homeownership gap and increasing general access to affordable housing), attending the Housing Justice Center’s Fair Housing Training Series, evaluating the need for a tenant protection ordinance (or at minimum disseminating information regarding tenant rights and responsibilities) have all been incorporated into the Housing & Community Services work plan for 2023-2024. The City also continues to pursue affordable housing development opportunities primarily through the use of tax increment financing (TIF) and its inclusionary housing ordinance. While TIF is a commonly used tool in multifamily developments in the City, a substantial reserve of flexible ‘pooled TIF’ dollars have been slated for use for preserving NOAH properties or for development around one of the four new transit stations to be built in conjunction with expansion of the green line light rail transit line which terminates with four stops in Eden Prairie. While the City’s preference is to mix incomes in developments, mostly or fully affordable properties are seen as especially worthwhile to pursue in LRT station areas due to the array of services that tend to cluster when these areas develop. While development interest overall has slowed some with rising interest rates and the current inflationary environment, construction is nearing completion at the 274-unit Paravel complex, at approximately 50% completion at the 220-unit Ellie Apartments, and nearing commencement of construction at the 425- unit GTS Multifamily Housing development in the Golden Triangle station area. Each of these TIF-funded developments will for 26 years be 20% affordable to households at or below 50% of the area median income, and additionally will feature 5% affordable to households at or below 80% of the area median in perpetuity. Eden Prairie is the only regional city to formally require affordability in perpetuity. On the single family side, the City plans to continue to invest CDBG funds in a community land trust called West Hennepin Affordable Housing Land Trust (WHAHLT). The land trust model provides homeownership opportunities to people of low-and moderate-income. By using the land trust model, these properties remain affordable for 99 years. The City will use pooled TIF housing funds and CDBG funds for its first-time homebuyer program. This program is structured to allow an interest-free loan with deferred repayment to help low-and moderate-income homebuyers get their start in the Annual Action Plan 2023 40 OMB Control No: 2506-0117 (exp. 09/30/2021) community. The City uses CDBG to fund the single-family home rehabilitation program to help homeowners keep their properties viable and structurally sound. This program allows low-and moderate-income residents, particularly senior citizens, who could not otherwise afford to do so, make the repairs, which are necessary to remain in their homes. Actions planned to reduce lead-based paint hazards 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. Actions planned to reduce the number of poverty-level families The following are actions the City of Eden Prairie is taking to reduce the number of poverty level families •Collaborating with and funding public service agencies in the community that assist low-and moderate-income families achieve self-sufficiency. •Partnering with nonprofits to offer financial management and budgeting classes for the immigrant community, particularly who have accessed financial support in the past. •Provide employment assistance to Eden Prairie immigrants in finding jobs, particularly those who have barriers with technology and who have lost jobs due to Covid-19. •Provide assistance to Eden Prairie immigrants who have lost jobs due to Covid-19 with completing unemployment applications. •Provide assistance to help poverty level families find affordable housing. •Participate in the Open to Business program to help families start their own small businesses. •Raising the visibility of support services in the community so that families in need can find the help they need to move out of poverty. •Educating the broader population about the needs of poverty level families in the community and holding collaborating events to work together to meet these needs and assist families with Annual Action Plan 2023 41 OMB Control No: 2506-0117 (exp. 09/30/2021) becoming self-sufficient Actions planned to develop institutional structure The city of Eden Prairie is already working with many of the public service agencies that serve the community. These agencies receive general fund grants from the city as well as CDBG grants. The organizations work together as part of a larger, broad-based effort. Since these relationships are working well, there are no planned changes. Actions planned to enhance coordination between public and private housing and social service agencies The City of Eden Prairie coordinates a property managers group that meets quarterly to discuss challenges, opportunities and resources available to rental properties. Social service agencies participate in these quarterly meetings. The city’s rental inspection program makes referrals as needed to city housing staff and social service agencies to provide resources to prevent displacement of individuals and families due to deteriorating conditions. The City of Eden Prairie provides grant funding to Senior Community Services for chore services needed by elderly residents which allows the residents to remain safe in their homes. The city supports workshops by tenant advocacy agency HomeLine to help landlords and tenants both understand the respective responsibilities and to prevent displacement. Discussion Eden Prairie will continue to use its resources to operate programs that maintain the existing housing stock, create new opportunities for low-and moderate-income households, support existing programs that remove barriers to affordable housing, build long-term affordability into market rate developments, and participate in regional opportunities to address affordable housing issues. The city will continue its broad policy objective of making housing affordable citywide. Annual Action Plan 2023 42 OMB Control No: 2506-0117 (exp. 09/30/2021) Program Specific Requirements AP-90 Program Specific Requirements - 91.420, 91.220(l)(1,2,4) Introduction Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out. Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(l)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out. 1.The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 90,000 2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0 3. The amount of surplus funds from urban renewal settlements 0 4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0 5. The amount of income from float-funded activities 0 Total Program Income: 90,000 Other CDBG Requirements 1. The amount of urgent need activities 0 2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 100.00% Discussion The city will use any excess program income received for additional public services, affordable housing, rehabilitation projects and administration that will benefit low-and moderate-income households. 1 CITY COUNCIL AGENDA SECTION: Public Hearings DATE: 03/07/2023 DEPARTMENT/DIVISION: Community Development/Planning Julie Klima/Ben Schneider ITEM DESCRIPTION: Superior Tech Loading Dock Addition ITEM NO.: XI.B. Requested Action Move to: • Close the Public Hearing; and • Adopt a Resolution for a Site Plan Review on 10.34 acres Synopsis The applicant is requesting approval of a minor site plan amendment for 6509 Flying Cloud Drive, which is occupied by a multi-tenant office building known as Superior Tech. The site is located at the intersection of Flying Cloud Drive and Crosstown Circle-across the street from the recently approved Crosstown Core industrial building. The applicant is proposing to add an approximately 450 square foot building addition for a new loading dock on the northeast leg of the main structure. This addition would be similar to an existing loading dock on the southwest leg of the building. This project is accommodating a new tenant, Elucent Medical, that is moving into the space in May 2023. The plans are code compliant and meet standards related to screening, setbacks, and exterior building materials. Background City Code allows building additions no greater than 2,000 square feet to go through a minor site plan review process. Minor Site Plan Reviews are approved by the City Council without referral from the Planning Commission. The proposed addition is code compliant. Therefore, the Council holds a public hearing and considers approval of a Site Plan Review. Since the approval does not involve an ordinance requiring a second reading, staff has prepared a resolution approving the site plan for consideration by the City Council, concluding the review. COMPREHENSIVE PLAN AND ZONING The property is both guided and zoned Office. There are no proposed changes to the use of the building, as the new tenant will continue to use the space for office use. Proposed loading dock addition Existing loading dock (to remain) 2 SITE PLAN The building, initially constructed in 2006, is a multi-tenant office complex of approximately 93,100 square feet. There is an existing loading dock on the southwest leg of the building. The approximately 450 square foot loading dock addition would be on the opposite side of the main structure to the northeast. The addition would be over 100 feet from the nearest property line, which far exceeds the 30-foot side yard setback requirement. In addition to the loading dock, the site plan above shows a new drainage outlet being installed to the north near an existing stormwater basin. Other than additional landscaping, discussed in more detail below, no other site changes are proposed. SCREENING City Code requires all loading docks to be screened from public roads. In this case, the new loading dock is required to be screened from Flying Cloud Drive. This would be achieved via the following methods: • Orientation and distance. The loading dock door faces southward-the opposite direction of Flying Cloud Drive to the north. The addition would also be approximately 165 feet away from the Flying Cloud Drive right-of-way line. • Existing landscaping. There are existing trees planted around the stormwater basin to the north that provide some screening of the addition area. City Code allows for landscaping at least ten feet in height to be used for loading dock screening. • Additional trees. The applicant is proposing to add four additional ten-foot Colorado Spruce trees (highlighted above) to further screen the new addition. The applicant specifically chose a coniferous species to have better screening in the winter months. The visual on the next page was provided to demonstrate how these additional trees will achieve adequate screening. Staff would utilize the landscape security process to ensure that the new trees are planted in the appropriate locations. Four proposed trees for screening and tree replacement 3 TREE REPLACEMENT Two trees need to be removed that are in the immediate vicinity of the proposed addition. The applicant also notes on the plans that additional trees may need to be removed during construction to accommodate a new drainage outlet. The draft resolution includes a condition that all trees that are removed shall be replaced on a one for one basis. Through the landscape security process, staff would ensure that any additional trees that are removed are appropriately replaced. It is likely that the four new ten-foot Colorado Spruce trees will satisfy tree replacement requirements. BUILDING MATERIALS With the exception of the loading dock door and another entry door, one hundred percent of the exterior of the addition is proposed to have brick that would match the brick on the existing building. The exterior materials are code compliant. 4 Attachments 1. Resolution for Site Plan Approval CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2023-____ A RESOLUTION GRANTING SITE PLAN APPROVAL FOR A LOADING DOCK ADDITION AT 6509 FLYING CLOUD DRIVE BY CUSHMAN & WAKEFIELD WHEREAS, Cushman & Wakefield (“Developer”) has applied for Site Plan Review on 10.34 acres to add an approximately 450 square foot loading dock addition at 6509 Flying Cloud Drive, which is on real property legally described in Exhibit A; and WHEREAS, Section 11.03, Subd. 6 allows certain new or amended Site Plan and Architectural Design applications to be subject to review and consideration for approval by the City Council only without referral to the Planning Commission; and WHEREAS, the Site Plan approval of 6509 Flying Cloud Drive addresses a building addition consistent with Section 11.03, Subd. 6; and WHEREAS, the City Council has reviewed said application at a public hearing at its March 7, 2023 meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval is granted to add an approximately 450 square foot loading dock addition at 6509 Flying Cloud Drive, reviewed and approved by the City Council on March 7, 2023, with the following conditions: 1. Prior to building permit issuance, Developer must submit to the City Planner and receive the City Planner’s written approval of an executed landscape agreement and a final landscape or tree replacement plan for the Property. 2. Prior to building permit issuance, Developer must submit to the City Planner and receive the City Planner's written approval of a security in the form of a cash escrow or letter of credit equal to 150% of the cost of the tree and landscape improvements as depicted on the Site and Utility Plan dated 02/27/23. 3. Any tree removal in addition to the two trees shown as being removed on the Existing Conditions and Removals Plan dated 2/27/23 must be replaced on a one for one basis and approved by the City Planner. ADOPTED by the City Council of the City of Eden Prairie this 7th day of March, 2023. ____________________________________ Ronald A. Case, Mayor ATTEST: ___________________________ Nicole Tingley, City Clerk EXHIBIT A Legal Description Lot 1, Block 1, Superior Office Center, Hennepin County, Minnesota. SUPERIOR BUILDING LOADING DOCK ADDITION 6509 FLYING CLOUD DRIVE EDEN PRAIRIE, MN 55344 BUHL INVESTMENTS SUPERIOR BUILDING –LOADING DOCK © 2023 RSP ARCHITECTS, LTD © 2023 RSP ARCHITECTS, LTD 450 SF LOADING DOCK ADDITION ▪ELUCENT MEDICAL ▪20’-24’ BOX TRUCKS ▪5 DELIVERY / SHIPPING TRANSACTIONS PER MONTH ZONING ▪Zoned –OFC (Office) ▪Surrounding Property Zoned I-2 and I-5 Parcels 6509 FLYING CLOUD | 2 LOADING DOCK ADDITION I-5 I-2 I-5 I-5 I-2 I-2 I-2 I-2 I-2 OFC EXISTING LOADING DOCK ADDITION © 2023 RSP ARCHITECTS, LTD ▪4,500 SF DISTURBANCE. ▪TWO TREE REMOVAL –4 TREE ADDED ▪1,500 SF NEW BUILDING AND PAVEMENT ▪3,000 SF DISTURBED AREA CONSTRUCTION ▪EARTHWORK (CUT/FILL) 47 CY FAR 93,626 sf /451,214 SF = .2075 BAR 93,626 sf / 451,214 SF = .2075 LOADING DOCK | 3 © 2023 RSP ARCHITECTS, LTD ▪4 COLORADO SPRUCE TO BE ADDED FOR SCREENING 10FT HIGH TREE SCREENING | 4 © 2023 RSP ARCHITECTS, LTD | 5 © 2023 RSP ARCHITECTS, LTD | 6 © 2023 RSP ARCHITECTS, LTD | 7 © 2023 RSP ARCHITECTS, LTD 1220 Marshall Street NEMinneapolis, MN 55413rsparch.com March 2023 –Completion June 2023 SCHEDULE CITY COUNCIL AGENDA SECTION: Appointments DATE: March 7, 2023 DEPARTMENT/DIVISION: City Council ITEM DESCRIPTION: 2023 City Commission Appointments ITEM NO.: XIII.A. Requested Action Move to: Appoint to the Flying Cloud Airport Advisory Commission Daniel Dorson, Vinod Pillai, and Nick Rogers with terms ending March 31, 2026. Move to: Appoint to the Heritage Preservation Commission Rod Fisher, Catherine Lau, Steven Schumacher, and Melanie Willett with terms ending March 31, 2026. Move to: Appoint to the Parks, Recreation & Natural Resources Commission Cecilia Cervantes, Patrice Erickson, Duane Hookom, Annie Klodd, Tom Poul, and Shanti Shah with terms ending March 31, 2026. Move to: Appoint to the Planning Commission Andrew Pieper, Phou Sivilay, and Charles Weber with terms ending March 31, 2026. Move to: Appoint to the Sustainability Commission Michelle Frost, Jim Nehl, and Moussa Ousmane with terms ending March 31, 2026. Move to: Appoint to the Human Rights and Diversity Commission Samuel Griffin with terms ending March 31, 2026. Synopsis The City Council hosted Commission interviews on Tuesday, February 28, 2023. All terms will begin on April 1. A required orientation session for new commissioners will be held in late March. CITY COUNCIL AGENDA SECTION: Appointments DATE: March 7, 2023 DEPARTMENT/DIVISION: City Council ITEM DESCRIPTION: 2023 Appointments of Chairs and Vice Chairs to City Commissions ITEM NO.: XIII.B. Requested Action Move to: Appoint Daniel Dorson- Chair and Marc Morhack- Vice Chair of the Flying Cloud Airport Advisory Commission Move to: Appoint Rod Fisher- Chair and Paul Thorp- Vice Chair of the Heritage Preservation Commission Move to: Appoint Patrice Erickson- Chair and Tom Poul- Vice Chair of the Parks, Recreation and Natural Resources Commission. Move to: Appoint Andrew Pieper- Chair and Ed Farr-Vice Chair of the Planning Commission Move to: Appoint Aaron Poock- Chair and Cindy Hoffmann- Vice Chair of the Sustainability Commission Move to: Appoint Gregory Leeper- Chair and Shahram Missaghi- Vice Chair of the Human Rights and Diversity Commission Synopsis Chairs and Vice Chairs are appointed annually by the City Council following the appointment of members to City Commissions. The City Council hosted Commission interviews on Tuesday, February 28, and determined Chair and Vice Chair assignments for the period of April 1, 2023, through March 31, 2024. CITY COUNCIL AGENDA SECTION: Appointments DATE: March 7, 2023 DEPARTMENT/DIVISION: Community Development/ Assessing ITEM DESCRIPTION: Appointments to 2023 Local Board of Appeal and Equalization (LBAE) ITEM NO.: XIII.C. Requested Action Move to: Appoint to the Board of Appeal and Equalization Lyndon Moquist, Nate Thompson, Steve Tessman, Mark Hoffman, and Scott Werdal for the period of March 7, 2023 through May 31, 2023, or until the Board of Appeal and Equalization completes its work. Synopsis The proposed members for Council approval are Eden Prairie residents and experienced real estate and valuation professionals with extensive knowledge of the Southwest metro market. Lyndon Moquist, Resident Real Estate Broker is experienced in the sale of residential properties in the southwest metro market and manages the Eden Prairie office of Edina Realty. Nate Thompson, Resident Real Estate Salesperson is experienced in the sale of residential properties in the southwest metro market. Steve Tessman, Certified Residential Resident Appraiser is experienced in the valuation of residential properties in the southwest metro market. Mark Hoffman, Certified Residential Resident Appraiser is experienced in the valuation of residential properties in the southwest metro market. Scott Werdal, Certified General Resident Appraiser is experienced in the valuation of residential and multi-family properties in the southwest metro market. Background From 1992 through 2022, the City Council has appointed a Special (Local) Board of Appeal and Equalization (formerly named the Board of Review). The members are citizen volunteers that are active and knowledgeable, with experience in the local real estate market. The members are recruited by the City Manager and City Assessor and appointed annually with confirmation by the City Council. The City pays the members a per diem payment of $50 for all required training sessions and Board meetings. State statute requires the LBAE have a quorum (majority) of the voting members in attendance for each meeting and at least one member present is required to have completed the LBAE training offered by the Minnesota Dept. of Revenue; four candidates for appointment are currently certified.