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HomeMy WebLinkAboutCity Council - 05/02/2023 AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, MAY 02, 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. 2022 AUDIT REPORT AND FINANCIAL STATEMENT Open Podium - Council Chamber (6:30) I. OPEN PODIUM III. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, MAY 02, 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. POLICE DEPARTMENT LIFESAVING RECOGNITION FOR COMMUNITY CENTER EMERGENCY B. HUMAN RIGHTS AWARDS C. CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN (CEDAW) PROCLAMATION D. ACCEPT VARIOUS DONATIONS FOR THE COMMUNITY IFTAR EVENT (Resolution) E. SENIOR AWARENESS MONTH PROCLAMATION F. METROPOLITAN COUNCIL UPDATE: DR. TYRONNE CARTER G. ACCEPT THE 2022 ANNUAL COMPREHENSIVE FINANCIAL REPORT (ACFR): CAROLINE STUTSMAN WITH BERGAN KDV V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, APRIL 4, 2023 B. CITY COUNCIL MEETING HELD TUESDAY, APRIL 4, 2023 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS CITY COUNCIL AGENDA May 02, 2023 Page 2 VIII. CONSENT CALENDAR A. CLERK’S LIST B. AWARD CONTRACT TO JOHNSON CONTROLS INC. FOR CITY CENTER FIRE PANEL UPGRADE C. DECLARE EQUIPMENT AS SURPLUS D. APPROVE SECOND READING OF THE ORDINANCE TO AMEND CITY CODE CHAPTER 11 RELATING TO A NEW MIXED USE ZONING DISTRICT E. AWARD CONTRACT FOR 2023 SURFACE SEAL PROJECT TO CORRECTIVE ASPHALT MATERIALS, LLC F. APPROVE PROFESSIONAL SERVICE AGREEMENT WITH SRF CONSULTING GROUP, INC. FOR CONSTRUCTION ADMINISTRATION FOR THE PRAIRIE CENTER DR AND SINGLETREE LN INTERSECTION IMPROVEMENTS G. APPROVE PROFESSIONAL SERVICE AGREEMENT WITH SRF CONSULTING GROUP, INC. FOR PRELIMINARY AND FINAL DESIGN FOR THE PRAIRIE CENTER DR AND FRANLO RD INTERSECTION IMPROVEMENTS H. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SAMBATEK, LLC, FOR ENGINEERING DESIGN AND CONSTRUCTION ADMINISTRATION FOR THE WELL HOUSE #5 RECONSTRUCTION PROJECT I. APPROVE PROFESSIONAL SERVICE AGREEMENT WITH BOLTON AND MENK FOR CONSTRUCTION ADMINISTRATION FOR THE WILLOW CREEK CULVERT REPLACEMENT PROJECT J. APPROVE THIRD AMENDMENT TO LEASE AND SOLAR EASEMENT; MEMORANDUM OF LEASE AND SOLAR EASEMENT FOR A COMMUNITY SOLAR GARDEN AND AUTHORIZE EXECUTION BY THE MAYOR AND CITY MANAGER K. AWARD CONTRACT FOR EDEN PRAIRIE ROAD WATERMAIN REPLACEMENT PROJECT TO WIDMER CONSTRUCTION, LLC L. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BOLTON AND MENK FOR CONSTRUCTION ADMINISTRATION FOR THE EDEN PRAIRIE ROAD WATERMAIN REPLACEMENT PROJECT M. APPROVE DNR LICENSE FOR UTILITY TO CROSS PUBLIC WATERS FOR THE EDEN PRAIRIE ROAD WATERMAIN REPLACEMENT CITY COUNCIL AGENDA May 02, 2023 Page 3 PROJECT N. AWARD CONTRACT FOR THE PIONEER TRAIL RECONSTRUCTION PROJECT TO GMH ASPHALT CORPORATION O. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO FOR CONSTRUCTION ADMINISTRATION FOR THE PIONEER TRAIL RECONSTRUCTION PROJECT P. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH AET FOR GEOTECHNICAL TESTING FOR THE PIONEER TRAIL RECONSTRUCTION PROJECT Q. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH ADVANCED ENGINEERING AND ENVIRONMENTAL SERVICES FOR WELL HOUSE #17 AND TRANSMISSION MAIN CONSTRUCTION PHASE SERVICES R. APPROVE DNR LICENSE FOR UTILITY TO CROSS PUBLIC WATERS FOR THE WILLOW CREEK CULVERT REPLACEMENT PROJECT S. AWARD CONTRACT FOR THE SUNNYBROOK CULVERT REPLACEMENT AND ADA PEDESTRIAN RAMP PROJECT TO BKJ EXCAVATING T. APPROVE CONSTRUCTION AGREEMENT WITH XCEL ENERGY FOR STREETLIGHTING ON COLUMBINE DRIVE U. AUTHORIZE PURCHASE OF THREE NEW EQUIPMENT TRAILERS FROM LANO EQUIPMENT V. APPROVE APPLICATION TO CONDUCT OFF-SITE GAMBLING FOR EDEN PRAIRIE HOCKEY ASSOCIATION (Resolution) IX. PUBLIC HEARINGS / MEETINGS A. ADOPT RESOLUTION VACATING DRAINAGE AND UTILITY EASEMENTS AT PRAIRIE ESTATES 2ND ADDITION PLAT X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS CITY COUNCIL AGENDA May 02, 2023 Page 4 A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR 1. APPROVE MODIFICATIONS TO THE SENIOR EMERGENCY REPAIR PROGRAM AND THE FIRST TIME HOMEBUYER PROGRAM D. REPORT OF PARKS AND RECREATION DIRECTOR 1. OVERVIEW OF PARKS AND RECREATION GUIDE PLAN 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 CITY COUNCIL AGENDA SECTION: Proclamations/Presentations DATE May 2, 2023 DEPARTMENT / DIVISION Police Chief Matt Sackett ITEM DESCRIPTION Police Department Lifesaving Recognition for Community Center Emergency ITEM NO. IV.A. Requested Action No action required Synopsis Chief Matt Sackett will award citizen Matt Johnson and Eden Prairie Community Center staff Marie Goergen, Alisa Hoang, Jill Bickler, Doug Tucker and Nate Storey with Letters of Recognition from the department for their actions on March 8, 2023 when they saved the life of a man who collapsed while exercising at the community center. After Chief Sackett reads the award, the Mayor is welcome to join him at the podium to present the award letters and for photos. CITY COUNCIL AGENDA SECTION: Presentations DATE: May 2, 2023 DEPARTMENT/DIVISION: Julie Klima, Community Development Director. Jonathan Stanley, Housing & Community Services Manager ITEM DESCRIPTION: Human Rights Awards ITEM NO.: IV.B. Synopsis Human Rights & Diversity Commissioners will present the three Human Rights Awards. Introduce the Human Rights Awards Greg Leeper The Eden Prairie Manifesto continues the development of a multicultural community which will not tolerate acts of harassment and intolerance and establishes, communicates and encourages community standards that respect diversity and promote acceptance and respect for individuals in an atmosphere of caring for others. In celebration of the manifesto, we are honored to recognize community individuals, youth, and non-profits that live its values through their service to our community. We’ll begin by welcoming our individual award recipient to the podium. Individual Award: Belia Jiménez-Lorente Presenting the Award: Kuhu Singh Belia Jiménez-Lorente upholds the values of the Eden Prairie Manifesto through her dedication to supporting students, families and staff at Eden Prairie Schools. As a cultural liaison, Belia serves as a bridge between the school community and Latinx culture. The families that Belia serves feel more connected to our school community because they know that she is there to support them. Belia creates a welcoming atmosphere in the biggest and smallest ways. One can always walk by her room and see her laughing and talking with our Latinx families. Students often eat lunch with her as a safe place for them to connect with one another in their common language. Teachers and other staff feel her welcoming presence and seek out her assistance to strengthen the home/school connection with Latinx families. Belia is an incredible source of knowledge to the staff of Oak Point Elementary and beyond. From ensuring that families understand the daily activities happening in the classroom, to ensuring that staff are equipped to create linguistically and culturally inclusive spaces for students. The impact that Belia has on students, families and staff is immeasurable and we are honored to recognize her here tonight. Youth Award: Jermell Taylor Presenting the Award: Hina Kazama Jermell upholds the values of the Eden Prairie Manifesto through his role as a leader and mentor to his peers. As a student athlete, he has worked to coach and train younger athletes in our community. He worked with his teammates to raise over $14,000 to support the Minneapolis North Polars football team with needed equipment. In summer of 2022, he helped lead an initiative that packaged and delivered over 20,000 meals to non-profits in north Minneapolis. Those who know him describe him as a young man with an amazing heart that inspires, encourages and drives change for the better. He influences others around him without even knowing, from his presence, his attitude and most importantly – with his values and what he believes in. Jermell lives out the manifesto in his life every day, with zero tolerance for acts of harassment and intolerance. Jermell is a shining example of a young person striving to build a stronger community and we look forward to seeing where his path takes him. Non-Profit Award: Chain Reaction Theatre Project Presenting the Award: Sana Elassar Chain Reaction Theatre Project upholds the values of the Eden Prairie Manifesto through their mission to use theatre to create entertaining and thought-provoking works that focus on social justice issues, ranging in scope from local to global, in order to increase awareness and to inspire and encourage audiences and communities to take action. Their past productions have fostered conversation in our community about important human rights issues such as human trafficking, youth homelessness and white privilege. Chain Reaction deepens the impact that their work has on our community by partnering with local non-profit organizations that work directly on the issues represented throughout the productions. Post-show talkback sessions encourage audience members to reflect on the themes discussed and ground the work in the reality of how each issue impacts communities near and far. As Chain Reaction Theatre Project continues to cultivate awareness and inspire action, the impacts of their work ripple throughout our community through the mark it leaves on its audiences. We are grateful for the incredible work they do, and look forward to their next production. CITY COUNCIL AGENDA SECTION: Proclamations / Presentations DATE: May 2, 2023 DEPARTMENT / DIVISION: Mayor Ron Case ITEM DESCRIPTION: Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) ITEM NO.: IV.C. Requested Action No formal action requested. Mayor Case will read the proclamation and Brenda Pfahnl, Human Rights and Diversity Commissioner, will be on-hand to provide background information on the initiative. Synopsis A proclamation in support of Cities for the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) initiative and in support of the principles of the UN Convention on the Elimination of All Forms of Discrimination Against Women at the local level. Attachment Proclamation ITEM NO.: IV.C. PROCLAMATION City of Eden Prairie Hennepin County, Minnesota In Support of Cities for the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) Initiative and Support of the Principles of the UN Convention on the Elimination of All Forms of Discrimination Against Women at the Local Level WHEREAS, CEDAW was adopted by the United Nations General Assembly on December 18, 1979, and became an international treaty as of September 3, 1981, and 189 UN member nations have agreed to be bound by CEDAW's provisions; and WHEREAS, Although women have made gains in the struggle for equality in many fields, much more needs to be accomplished to fully eradicate discrimination based on gender and to achieve one of the most basic human rights- equality; and WHEREAS, In 2014 Minnesota passed the Women's Economic Security Act (WESA) Which included steps toward closing the gender pay gap, expanding family and sick leave for working families, helping older women be economically secure, and providing support for women-owned small businesses; and WHEREAS, The Eden Prairie City Council supports the Universal Declaration of Human Rights and its aspiration for equal rights for all members of the human family; and WHEREAS, The Eden Prairie Manifesto, first adopted by the Eden Prairie City Council in 1993, aligns with CEDAW in its dedication to upholding the rights of every individual in our community to freedom, dignity, and security regardless of religious affiliation, race, ethnic heritage, gender, age, sexual orientation, physical or mental ability, or economic status; and WHEREAS, The Eden Prairie City Council accepted the Eden Prairie Human Rights and Diversity Commission's Race Equity Report in 2022, which complements the intentions of CEDAW in seeking to make our community more equitable and inclusive; and WHEREAS, The Eden Prairie City Council desires to ensure that women and girls who live in Eden Prairie enjoy all the rights and privileges and remedies that are bestowed on all people in the U.S. no matter race, national origin, gender, or religious belief, and with a purpose to claim worldwide that Eden Prairie is a city within which women can thrive and a City that will not tolerate discrimination against women and girls or violence perpetrated against them in any form, by any hand; and WHEREAS, CEDAW provides a comprehensive framework for governments to examine their policies and practices in relation to women and girls and to rectify discrimination based on gender; and WHEREAS, City and County governments have an appropriate and legitimate role affirming the importance of eliminating all forms of discrimination against women in communities as universal norms and to serve as guides for public policy. NOW, THEREFORE, BE IT RESOLVED, on this day of May 2, 2023, that the Eden Prairie City Council proclaims support for the CEDAW and that the City of Eden Prairie is committed to eliminating all forms of violence against women and girls, to promoting the health and safety of women and girls and to affording them equal academic, economic, and business opportunities in Eden Prairie, Minnesota. _________________________ Ronald A. Case, Mayor On behalf of Council Members: Kathy Nelson Mark Freiberg PG Narayanan Lisa Toomey CITY COUNCIL AGENDA SECTION: Proclamations and Presentations DATE: May 2, 2023 DEPARTMENT / DIVISION: Julie Klima, Director, Community Development ITEM DESCRIPTION: Donations for Community Iftar Event ITEM NO.: IV.D. Requested Action Move to: Adopt Resolution accepting the following donations for the Iftar Event: • $500 from the Eden Prairie Crime Fund • $500 from the Eden Prairie Noon Rotary • $500 from the New American Development Center (NADC) • $500 from the Eden Prairie Community Foundation • $500 from an anonymous resident • $400 from an anonymous resident Synopsis Donations assisted with the Community Iftar event, an event designed to foster community conversation and provide the opportunity for strengthening community relationships. 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 gifts to the City of • $500 from the Eden Prairie Crime Fund • $500 from the Eden Prairie Noon Rotary • $500 from the New American Development Center (NADC) • $500 from the Eden Prairie Community Foundation • $500 from an anonymous resident • $400 from an anonymous resident to be used for the Community Iftar event are hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 2nd day of May, 2023. ___________________________ Ronald A. Case, Mayor ATTEST: ___________________________ Nicole Tingley, City Clerk ITEM: IV.E. PROCLAMATION City of Eden Prairie Hennepin County, Minnesota WHEREAS, the increasing number of seniors in Eden Prairie bring many opportunities and challenges for all components of our City – families, businesses, and government; and WHEREAS, every segment of our society is influenced by the needs, resources and expertise of our senior; and awareness improves participation and action; and WHEREAS, our Eden Prairie seniors play a pivotal role in formal and informal education, sharing years of accumulated experience and wisdom which will impact our future; and WHEREAS, the community wishes to celebrate and acknowledge the contributions and accomplishments of the seniors in our community and recognize the organizations that serve older adults; and WHEREAS, Senior Awareness Month recognizes that seniors are an integral part of our community. NOW, THEREFORE, the Eden Prairie City Council does hereby proclaim May 2023 as: SENIOR AWARENESS MONTH ADOPTED by the Eden Prairie City Council on this 2nd day of May 2023. Ronald A. Case, Mayor on behalf of Council Members: Kathy Nelson Mark Freiberg PG Narayanan Lisa Toomey CITY COUNCIL AGENDA SECTION: Presentations DATE: May 2, 2023 DEPARTMENT/DIVISION: Tammy Wilson, Office of the City Manager/Finance ITEM DESCRIPTION: 2022 Annual Comprehensive Financial Report (ACFR) ITEM NO.: IV.G. Requested Action Move to: Accept the 2022 Annual Comprehensive Financial Report (ACFR). Synopsis Minnesota statutes require that the City prepare an annual financial report and statements in accordance with Generally Accepted Accounting Principles. The attached report meets these requirements. The report was prepared by the Finance Division and audited by the independent auditing firm of BerganKDV. BerganKDV issued an unmodified opinion which is the highest level of opinion the City can receive and means the auditor believes the financial statements are fairly presented in all material respects. Caroline Stutsman, Audit Director for the accounting firm will make a presentation of the financial report. Attachments 2022 ACFR 2022 Internal Control Letter 2022 Communications Letter For the Fiscal Year Ended December 31, 2022 C ITY OF EDEN PRAIRIE, MINNESOTA A nnual Comprehensive Financial Report 1 This page is intentionally left blank 2 ANNUAL COMPREHENSIVE FINANCIAL REPORT of the CITY OF EDEN PRAIRIE MINNESOTA For The Fiscal Year Ended December 31, 2022 Rick Getschow, City Manager Prepared by THE FINANCE DIVISION Tammy Wilson, Chief Financial Officer 3 City of Eden Prairie, Minnesota For the Year Ended December 31, 2022 Table of Contents Page Introductory Section Letter of Transmittal................................................................................................................................................... 8 GFOA Certificate of Achievement ......................................................................................................................... 15 Organizational Chart ................................................................................................................................................. 16 List of Principal Officials .......................................................................................................................................... 17 Financial Section Independent Auditors’ Report .............................................................................................................................. 20 Management’s Discussion and Analysis ............................................................................................................ 24 Basic Financial Statements Government-wide Financial Statements Statement of Net Position ............................................................................................................................ 38 Statement of Activities .................................................................................................................................. 40 Fund Financial Statements Balance Sheet-Governmental Funds ........................................................................................................ 44 Reconciliation of the Balance Sheet of Governmental Funds to the Statement of Net Position .......................................................................................................... 47 Statement of Revenues, Expenditures and Changes in Fund Balances – Governmental Funds .............................................................................................. 48 Reconciliation of the Statement of Revenues, Expenditures and Changes in Fund Balances of Governmental Funds to the Statement of Activities ................................. 50 Statement of Revenues, Expenditures and Changes in Fund Balance – Budget and Actual – General Fund ...................................................................... 51 Statement of Net Position – Proprietary Funds ................................................................................... 54 Statement of Revenues, Expenses and Changes in Net Position – Proprietary Funds ......... 55 Statement of Cash Flows – Proprietary Funds ..................................................................................... 56 Statement of Fiduciary Net Position ....................................................................................................... 58 Statement of Changes in Fiduciary Net Position ................................................................................. 59 Notes to Financial Statements ......................................................................................................................... 62 Required Supplemental Information Modified Approach for Infrastructure Assets ....................................................................................... 106 Schedule of Changes in the City’s Total OBEB Liability and Related Ratios ............................. 107 Schedule of Proportionate Share of Net Pension Liability Public Employees General Employees Retirement Fund ................................................................. 108 Public Employees Police and Fire Fund .................................................................................................. 109 Eden Prairie Fire Relief.................................................................................................................................. 110 Schedule of Contributions Public Employees General Employees Retirement Fund ................................................................. 111 Public Employees Police and Fire Fund .................................................................................................. 112 Eden Prairie Fire Relief.................................................................................................................................. 113 4 City of Eden Prairie, Minnesota For the Year Ended December 31, 2022 Notes to Required Supplemental Information Notes to Schedule of Changes in Net Pension Liabilities and Related Ratios ........................... 114 Combining Fund Statements Combining Balance Sheet – Nonmajor Governmental Funds ......................................................... 129 Combining Statement of Revenues, Expenditures and Changes in Fund Balances – Nonmajor Governmental Funds ........................................................................... 134 Combining Statement of Net Position – Internal Service Funds .................................................... 140 Combining Statement of Revenues, Expenses and Changes in Net Position – Internal Service Funds .................................................................................................. 142 Combining Statement of Cash Flows – Internal Service Funds ...................................................... 144 Combining Statement of Fiduciary Net Position ................................................................................ 150 Combining Statement of Changes in Fiduciary Net Position .......................................................... 151 Statistical Section Government-wide Net Position by Category ......................................................................................... 155 Changes in Net Position - Total................................................................................................................... 156 Changes in Net Position – Governmental Activities ........................................................................... 157 Changes in Net Position – Business-type Activities ............................................................................ 158 Fund Balances – Governmental Funds .................................................................................................... 159 Changes in Fund Balances – Governmental Funds ............................................................................. 160 Assessed/Tax Capacity Value and Estimated Market Value of Property ................................... 161 Direct and Overlapping Property Tax Rates .......................................................................................... 162 Principal Property Taxpayers ..................................................................................................................... 163 Property Tax Levies and Collections ........................................................................................................ 164 Legal Debt Margin ............................................................................................................................................ 165 Ratios of Outstanding Debt by Type ......................................................................................................... 166 Ratios of General Bonded Debt Outstanding ......................................................................................... 167 Computation of Direct and Overlapping Bonded Debt ..................................................................... 168 Demographic and Economic Statistics .................................................................................................... 169 Principal Employers........................................................................................................................................ 170 Employees by Function ................................................................................................................................. 171 Operating Indicators ....................................................................................................................................... 172 Capital Assets Statistics by Function ........................................................................................................ 173 5 This page is intentionally left blank 6 INTRODUCTORY SECTION 7 April 19, 2023 To the Honorable Mayor, Members of the City Council and the Citizens of the City of Eden Prairie: The annual comprehensive financial report of the City of Eden Prairie, Minnesota, for the year ended December 31, 2022, is hereby submitted. The report was prepared in accordance with accounting principles generally accepted in the United States of America (GAAP) as established by the Governmental Accounting Standards Board and meets the requirements of the State Auditor’s Office. The report consists of management’s representations concerning the finances of the City. Consequently, management assumes full responsibility for the completeness and reliability of all information presented within this report. To provide a reasonable basis for making these representations, management of the City has established internal controls designed to protect the City’s assets from loss, theft or misuse and to provide sufficient information for the preparation of these financial statements in conformity with GAAP. Because the cost of internal controls should not outweigh the benefits, the City’s internal controls have been designed to provide reasonable rather than absolute assurance that the financial statements will be free from material misstatements. As management, we assert that to the best of our knowledge and belief this financial report is complete and reliable in all material respects. The City’s financial statements have been audited by BerganKDV, Ltd, Certified Public Accountants. The goal of the independent audit was to provide reasonable assurance that the financial statements of the City for the year ended December 31, 2022, are free of material misstatement. The independent audit involved examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements, assessing the accounting principles used and significant estimates used by management; and evaluating the overall financial statement presentation. Based upon the audit, the independent auditor concluded that there was reasonable basis for rendering an unmodified opinion that the City’s financial statements, for the year ended December 31, 2022, are fairly presented in conformity with GAAP. The independent auditors’ report is present in the financial section of this report. GAAP requires that management provide a narrative introduction, overview, and analysis to accompany the basic financial statements in the form of Management’s Discussion and Analysis (MD&A). This letter of transmittal is designed to complement the MD&A and should be read in conjunction with it. The City’s MD&A can be found in the financial section of this report immediately following the report of the independent auditors. 8 City Profile Eden Prairie is a suburban community of 64,198 people located in the southwest corner of Hennepin County in a setting of rolling hills and picturesque lakes and creeks. Eden Prairie has a convenient location, a comprehensive system of highways, and is a short distance from downtown Minneapolis and St. Paul and the Minneapolis-St. Paul International Airport. Incorporated in 1974 as a city, the City of Eden Prairie operates under a Statutory Plan B form of government. Policymaking and legislative authorities are vested in the governing council, which consists of a mayor and a four-member council. The governing council is responsible, among other things, for passing ordinances, adopting the budget, appointing committees and hiring the government's manager and attorney. The council is elected on a nonpartisan basis. The mayor and council members are elected to four-year staggered terms. The City Manager is responsible for carrying out the policies and ordinances of the governing council, for overseeing the day-to-day operations of the government, and to assign appropriate responsibility and authority to City staff for the efficient and effective delivery of City services. With a staff of around 285 regular, full-time equivalent employees, the City provides its residents and businesses with a full range of municipal services consisting of police and fire protection, street maintenance, recreation programs, park maintenance, community and economic development, building inspections, and a water, wastewater and storm water services. The City is also financially accountable for the Housing and Redevelopment Authority (HRA), which is included in the City’s financial statements as a blended component unit. Additional information on the HRA is located in Note 1 in the notes to the financial statements. The biennial budget serves as the foundation for the City’s financial planning and control. Departments submit budget requests to Finance in May and the City Manager presents the proposed budget to the City Council for review prior to September 30th of each year. A budget workshop is usually held with the City Council in June or July. The City Council holds a public meeting on the proposed budget and adopts the final budget in December each year. During the first year of the two-year budget process, both years’ budgets are developed and the City Council adopts the first year’s budget. During the second year of the two-year budget process, budget work is minimized. Staff updates the budget for any significant budget developments and the council then reviews and adopts the second year budget. The budget is prepared by department and division. The City’s directors and division managers may make transfers of appropriations within a division. Transfers of appropriations between departments require the approval of the City Manager. Any changes in the total budget must be approved by the City Council. 9 Economic Conditions and Outlook Eden Prairie is a suburban community located in the southwest corner of the Minneapolis/St. Paul Metropolitan area. With the last update of the comprehensive plan and the trend towards condensed multi-family housing along the LRT corridor and other multi-family projects in other locations within the City, it is expected that Eden Prairie’s population will grow to 82,400 by 2040 an increase 28% from 2022. The Coronavirus Disease (COVID-19) took a toll on the City once again in 2022. Financially, we felt the impact of revenue reductions but we also received federal funding to cover the revenue loss. The City was able to end the year with positive financial performance. Below summarizes the City’s market value since 2014. The City’s tax base increased from $11.4 billion to $11.8 billion from 2021 to 2022. In 2023, the market value increased to $13.4 billion. The real estate market has seen significant increases nationwide. Eden Prairie’s unemployment rate is 1.7%, which is less than the State rate of 2.7% and the Federal rate of 3.6%. We had another strong year in licenses and permits and Inspections issued permits with a value of $217,069,997. The largest project was The Ellie Apartments with a value of $47,801,749. The City also had 7 new commercial/industrial buildings versus 4 in 2021. The valuations of these new buildings ranged from $750,000 to $5,500,000. Eden Prairie serves as the corporate headquarters location for many national and international businesses including CH Robinson World Wide, Tennant Company, Optum, numerous multi-tenant office building partnerships, Lifetouch/ShutterFly Inc., United Natural Foods Inc. (UNFI), American Family Mutual Insurance, Starkey Labs, MTS systems Corporation, and others. 10 Eden Prairie also has key locations for retailing including the City’s mall which has approximately 1.5 million square feet of shopping. The mall is part of the City’s “Major Center Area” or downtown. Stores include a 160,000 square foot Von Maur Department Store, Scheels, a Barnes and Noble Bookstore, an 18-screen AMC Movie Theater, and numerous restaurants. Due to its strong and healthy local economy, Moody’s Investors Service has assigned a rating of Aaa to the City of Eden Prairie’s (MN) bond for every debt issue since 2003, the highest rating from Moody’s. Standard & Poor’s has also assigned a rating of AAA to the City of Eden Prairie’s bonds outstanding, their highest rating as well. This ensures the City receives the most competitive interest rates. The City’s bond ratings reflect Eden Prairie’s large, growing tax base, very healthy operating reserves, low direct debt burden, and strong financial management. Long-term Financial Planning The City has implemented various financial policies to guide the Council and staff when making financial decisions. This helps to ensure the long-term stability and flexibility of City finances and operations. These policies include the following: • The original budget should be balanced with revenues equal to expenditures, • One-time revenues will be used for one-time expenditures, • The City will maintain fund balance for working capital in the general fund at 50% of the next year’s budgeted tax revenue, • The City will also maintain 10% of the next year’s budget in fund balance for budget stabilization and 5% of the next year’s budget for budget balancing in the general fund, • The City will confine long-term debt to capital improvements or projects that cannot be financed from current revenues, and • The City will maintain a ten-year capital improvement plan to provide for capital asset acquisition, maintenance, replacement, and retirement. The City has consistently followed our financial policies. Major Initiatives The Ellie Housing TIF District On 7/21/2022 The Ellie was certified to the County as a TIF Housing District. The Ellie Apartments are located east of Eden Prairie Road and south of State Highway 5. The project is the redevelopment of seven single family homes to a 4 story 239 mixed-income apartment building with underground parking. 20% of the units (48 of the 239 total units) will be affordable to residents earning at or below 50% of the Area Median Income (AMI). An additional 12 units will be affordable to residents earning at or below 80% of the AMI. The 11 remaining 179 units will be market rate. A building permit was issued in 2022 for the construction of these apartments. Blue Stem/GTS Housing TIF District On 7/21/22 The Blue Stem/GTS development was certified to the County as a Tif Housing District. Blue Stem/GTS was created for the construction of a 425-unit mixed income apartment development located at 6901 Flying Cloud Drive. The property is located at the corner of W. 70th Street and Flying cloud Drive just west of the Golden Triangle LRT Station. The project will be developed in two phases. The first phase is a 4 and 5 story, 237-unit building in which 20% of the units (49 units) will be affordable to residents earning at or below 50% of the Area Median Income (AMI). An additional 12 units will be inclusionary housing units as required by City Code and will be affordable to residents earning at or below 80% of AMI. The remaining 176 units will be market rate. The second phase is a 6-story, 188-unit building in which 20% of the units (38 units) will be affordable to residents earning at or below 50% of AMI, and an additional 9 units will be inclusionary housing units affordable to residents earning at or below 80% of AMI. The remaining 141 units will be market rate. The proposal also includes pedestrian connections to the LRT station through existing and new trails and sidewalks. Eden Prairie Cemetery On November 13, 2021, members of the Eden Prairie Cemetery Board met and unanimously passed a resolution authorizing the transfer of the land and operation of the cemetery to the City of Eden Prairie, with transfer of the property taking place in 2022. The Eden Prairie Cemetery, located at 8810 Eden Prairie Road was originally surveyed in May of 1864 by Wm. A Fuller and filed with R.R. Bryant, Register of Deeds, on February 9, 1865, and was known as Eden Prairie Cemetery. Affordable Housing Trust Fund (AHTF) In April 2022, the City established an Affordable Housing Trust Fund to support the production and preservation of affordable housing and create new housing opportunities for new or current residents. AHTFs are intended to be a consistent, flexible resource for housing within a local jurisdiction and enable communities to prioritize developments that maximize benefit to the local community. Water Meter Change Out Eden Prairie’s water meters at residential and commercial locations were last installed in the late 1990s/early 2000s, and the batteries powering the transmitters are becoming too weak to reliably broadcast billing information to our remote data collection system. HydroCorp Inc. was contracted for the removal and reinstallation of New Cellular AMI Water Meters, for conducting water safety surveys at each location, and for conducting meter inventories and cross-connection surveys at all non-residential water customer locations. The upgraded meters include monitoring capabilities through a smart phone app 12 or computer to help customers conserve water by tracking water usage on customizable dashboard and also has the capability to send alters for possible water leaks. The project started in 2021 and is anticipated to take 3 years to change over all the meters within the City. Approximately 65% of the meters have been changed out. In 2021 the City issued $5.8M in bonds to pay for the project. Certificate of Achievement The Government Finance Officers Association of the United States and Canada (GFOA) awarded a Certificate of Achievement for Excellence in Financial Reporting to the City of Eden Prairie for its Annual Comprehensive Financial Report for the fiscal year ended December 31, 2021. The Certificate of Achievement is a prestigious national award-recognizing conformance with the highest standards for preparation of state and local government financial reports. In order to be awarded a Certificate of Achievement, a government unit must publish an easily readable and efficiently organized comprehensive annual financial report whose contents conform to program standards. Such comprehensive annual financial report must satisfy both generally accepted accounting principles and applicable legal requirements. A Certificate of Achievement is valid for a period of one year. The City of Eden Prairie has received a Certificate of Achievement every year since 1990. We believe our current report continues to conform to the Certificate of Achievement program requirements, and we are submitting it to GFOA. In addition, the Government Finance Officers Association of the United States and Canada (GFOA) presented the Distinguished Budget Presentation award to the City of Eden Prairie for its Two Year Budget for the fiscal years beginning January 1, 2022 and 2023. In order to receive this award, a government unit must publish a budget document that meets program criteria as a policy document, as an operations guide, as a financial plan and a communications device. The award is valid for a period of two years only. The City of Eden Prairie has received a Distinguished Budget Presentation award for every budget since 1998. Also, the Government Finance Officers Association of the United States and Canada (GFOA) has given an Award for Outstanding Achievement in Popular Annual Financial Reporting to the City of Eden Prairie for its Popular Annual Financial Report for the fiscal year ended December 31, 2021. The Award for Outstanding Achievement in Popular Annual Financial Reporting is a national award recognizing conformance with the highest standards for preparation of state and local government financial reports. In order to receive an Award for Outstanding Achievement in Popular Annual Financial Reporting, a government unit must publish a Popular Annual Financial Report, whose contents conform to program standards of creativity, presentation, understandability, and reader appeal. An Award for Outstanding Achievement in Popular Annual Financial Reporting is valid for a period of one year only. The City of Eden Prairie has received the award annually since 1998. We believe our current report continues to conform to the Popular Annual Financial Reporting requirements, and we are submitting it to GFOA. 13 Acknowledgements We would like to thank the Mayor and Council Members for their continued support in planning and conducting the financial operations of the City in a responsible and progressive manner. We would also like to express our appreciation to the employees of the Finance Division for their contribution to the preparation of this report. Respectfully submitted, Rick Getschow Tammy Wilson City Manager Chief Financial Officer 14 Government Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting Presented to City of Eden Prairie Minnesota For its Annual Comprehensive Financial Report For the Fiscal Year Ended December 31, 2021 Executive Director/CEO 15 City of Eden Prairie, Minnesota For the Year Ended December 31, 2022 City Council City Manager Administration Administrative Services City Clerk Facilities Human Resources & Support Services Information Technology Communications Finance & Liquor Operations Community Development Assessing Economic Development Housing & Community Services Planning Public Works Engineering Fleet Services Streets Maintenance Utilities Police Investigations Patrol Support Fire Building Inspections Fire Prevention Fire Suppresion Parks & Recreation Community Center Parks & Natural Resources Recreation Services 16 City of Eden Prairie, Minnesota For the Year Ended December 31, 2022 Principal Officials Elected Officials: Mayor (Term expiration 12/31/26) Ron Case Council Member (Term expiration 12/31/26) Mark Freiberg Council Member (Term Expiration 12/31/24) PG Narayanan Council Member (Term expiration 12/31/26) Kathy Nelson Council Member (Term expiration 12/31/24) Lisa Toomey Appointed Officials: City Manager Rick Getschow City Attorney Maggie Neuville Departments: Chief of Police Matt Sackett Community Development Director Julie Klima Fire Chief Scott Gerber Parks and Recreation Director Jay Lotthammer Public Works Director Robert Ellis 17 This page is intentionally left blank 18 FINANCIAL SECTION 19 1 Independent Auditor's Report Honorable Mayor and Members of the City Council City of Eden Prairie Eden Prairie, Minnesota Report on the Audit of the Financial Statements Opinions We have audited the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City of Eden Prairie, Minnesota, as of and for the year ended December 31, 2022, and the related notes to the basic financial statements, which collectively comprise City's basic financial statements as listed in the Table of Contents. In our opinion, the accompanying financial statements present fairly, in all material respects, the respective financial position of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City of Eden Prairie, Minnesota, as of December 31, 2022, and the respective changes in financial position and, where applicable, cash flows thereof, and the budgetary comparison for the General Fund for the year then ended in accordance with accounting principles generally accepted in the United States of America. Basis for Opinions We conducted our audit in accordance with auditing standards generally accepted in the United States of America (GAAS) and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Our responsibilities under those standards are further described in the Auditor's Responsibilities for the Audit of the Financial Statements section of our report. We are required to be independent of the City of Eden Prairie and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions. Emphasis of Matter – Implementation of GASB 87 The City has adopted new accounting guidance, Governmental Accounting Standards Board (GASB) Statement No. 87, Leases. Our opinion is not modified with respect to this matter. Report on Summarized Comparative Information We have previously audited the City's 2021 financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information, and we expressed unmodified opinions on those financial statements in our report dated April 20, 2022. In our opinion, the summarized comparative information presented herein as of and for the year ended December 31, 2021, is consistent, in all material respects, with the audited financial statements from which it has been derived. 20 2 Responsibilities of Management for the Financial Statements The City of Eden Prairie's management is responsible for the preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America, and for the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. In preparing the financial statements, management is required to evaluate whether there are conditions or events, considered in the aggregate, that raise substantial doubt about the City of Eden Prairie's ability to continue as a going concern for one year beyond the financial statement date, including any currently known information that may raise substantial doubt shortly thereafter. Auditor's Responsibilities for the Audit of the Financial Statements Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditor's report that includes our opinions. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with GAAS and Government Auditing Standards will always detect a material misstatement when it exists. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Misstatements are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment made by a reasonable user based on the financial statements. In performing an audit in accordance with GAAS and Government Auditing Standards, we:  Exercise professional judgment and maintain professional skepticism throughout the audit.  Identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the amounts and disclosures in the financial statements.  Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the City's internal control. Accordingly, no such opinion is expressed.  Evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluate the overall presentation of the financial statements.  Conclude whether, in our judgment, there are conditions or events, considered in the aggregate, that raise substantial doubt about the City's ability to continue as a going concern for a reasonable period of time. We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit, significant audit findings, and certain internal control–related matters that we identified during the audit. 21 3 Required Supplementary Information Accounting principles generally accepted in the United States of America require that the Management's Discussion and Analysis, which follows this report letter, and Required Supplementary information as listed in the Table of Contents be presented to supplement the basic financial statements. Such information is the responsibility of management and, although not a part of the basic financial statements, is required by the (GASB), who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. We have applied certain limited procedures to the Required Supplementary Information in accordance with auditing standards generally accepted in the United States of America, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. Supplementary Information Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the City of Eden Prairie's basic financial statements. The accompanying supplementary information identified in the Table of Contents is presented for purposes of additional analysis and are not a required part of the basic financial statements. Such information is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the basic financial statements. The information has been subjected to the auditing procedures applied in the audit of the basic financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the basic financial statements or to the basic financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the accompanying supplementary information is fairly stated, in all material respects, in relation to the basic financial statements as a whole. Other Information Management is responsible for the other information included in the Annual Comprehensive Financial Report. The other information comprises the introductory and statistical sections but does not include the basic financial statements and our auditor's report thereon. Our opinions on the basic financial statements do not cover the other information, and we do not express an opinion or any form of assurance thereon. In connection with our audit of the basic financial statements, our responsibility is to read the other information and consider whether a material inconsistency exists between the other information and the basic financial statements, or the other information otherwise appears to be materially misstated. If, based on the work performed, we conclude that an uncorrected material misstatement of the other information exists, we are required to describe it in our report. 22 4 Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated April 19, 2023, on our consideration of the City of Eden Prairie's internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is solely to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the effectiveness of internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the City of Eden Prairie's internal control over financial reporting and compliance. Minneapolis, Minnesota April 19, 2023 23 City of Eden Prairie, Minnesota Management’s Discussion and Analysis As management of the City of Eden Prairie, this section of the City’s comprehensive annual financial report presents a discussion and analysis of the City’s financial activities during the fiscal year ended December 31, 2022. This discussion and analysis should be read in conjunction with the transmittal letter in the introductory section of this report. Financial Highlights The City as a Whole • The assets and deferred outflow of resources of the City exceeded liabilities and deferred inflows of resources by $432,580,747. Of this amount, $98,179,677 (unrestricted net position) may be used to meet the City’s ongoing obligations to citizens and creditors, $318,110,915 is invested in capital assets, and $16,290,155 is restricted. • The City’s total net position increased by $4,846,037 or 1.1%. The key factors in this increase were positive General Fund results and increased Parks and Recreation program revenue. The City was able to transfer positive General Fund results to the Capital Improvement and Maintenance Fund as one-time revenue to support the Capital Improvement Plan. • The City’s total long-term liabilities increased by $20,662,904 or 30.2% in comparison with the prior year. Contributing to the overall increase was an increase in the net pension liability. Offsetting the increase was a decrease in bonds payable as $13.1M of refunding bonds were paid off in 2022. GASB Statement No. 87 was implemented in 2022 with the recognition of long-term leases and their related principal payments. These leases are for copy machines and the City’s municipal liquor stores. Using This Annual Report This annual report consists of a series of financial statements. The Statement of Net Position and the Statement of Activities provide information about the activities of the City as a whole and present a longer-term view of the City’s finances. For governmental activities, the fund financial statements tell how these services were financed in the short term as well as what remains for future spending. Fund financial statements also report the City’s operations in more detail than the government-wide statements by providing information about the City’s most significant funds. The remaining statements provide financial information about activities for which the City acts solely as a trustee or agent for the benefit of those outside of the government. Reporting the City as a Whole The Statement of Net Position and the Statement of Activities One of the most important questions asked about the City’s finances is “Is the City as a whole better off or worse off as a result of the year’s activities?” The Statement of Net Position and the Statement of Activities report information about the City as a whole and about its activities in a way that helps answer this question. These statements include all assets, deferred outflows of resources, liabilities and deferred inflows of resources using the accrual basis of accounting, which is similar to the 24 City of Eden Prairie, Minnesota Management’s Discussion and Analysis accounting used by most private-sector companies. All of the current year’s revenues and expenses are taken into account regardless of when cash is received or paid. These two statements report the City’s net position and changes in them. You can think of the City’s net position – the difference between assets, deferred outflows of resources, liabilities, and deferred inflows of resources – as one way to measure the City’s financial health, or financial position. Over time, increases or decreases in the City’s net position is one indicator of whether its financial health is improving or deteriorating. You will need to consider other nonfinancial factors, however, such as changes in the City’s property tax base and the condition of the City’s roads, to assess the overall health of the City. In the Statement of Net Position and the Statement of Activities, we divide the City into two kinds of activities: • Governmental Activities – Most of the City’s basic services are reported here, including general government, public safety, public works, and parks and recreation. Property taxes, charges for services, and capital grants and contributions finance most of these activities. • Business-type Activities – The City charges a fee to customers to help it cover all or most of the cost of certain services it provides. The City’s utility system (Water, Wastewater and Stormwater Funds) and liquor operations are reported here. Reporting the City’s Most Significant Funds Fund Financial Statements The fund financial statements provide detailed information about the most significant funds – not the City as a whole. Some funds are required to be established by State law and by bond covenants. However, the City Council establishes many other funds to help it control and manage money for particular purposes or to show that it is meeting legal responsibilities for using certain grants and other money. The City’s two kinds of funds – governmental and proprietary – use different accounting approaches. • Governmental funds – Most of the City’s basic services are reported in governmental funds, which focus on how money flows into and out of those funds and the balances left at year-end that are available for spending. These funds are reported using an accounting method called modified accrual accounting, which measures cash and all other financial assets that can readily be converted to cash. The governmental fund statements provide a detailed short-term view of the City’s general government operations and the basic services it provides. Governmental fund information helps to determine whether there are more or fewer financial resources that can be spent in the near future to finance the City’s programs. We describe the relationship between governmental activities (reported in the Statement of Net Position and the Statement of Activities) and governmental funds in a reconciliation provided after the fund financial statements. 25 City of Eden Prairie, Minnesota Management’s Discussion and Analysis • Proprietary funds – When the City charges customers for the services it provides – these services are generally reported in proprietary funds. Proprietary funds are reported in the same way that all activities are reported in the Statement of Net Position and the Statement of Activities. The City of Eden Prairie maintains two different types of proprietary funds. • Enterprise funds are the same as the business-type activities reported in the government-wide statements but provide more detail and additional information, such as cash flows. • Internal service funds are an accounting device used to accumulate and allocate costs internally among the City’s various functions. The City uses internal service funds to account for activities pertaining to employee benefits, workers compensation, personal time off accruals, property insurance, facilities, fleet services, and information technology. The City as Trustee Reporting the City’s Fiduciary Responsibilities All of the City’s fiduciary activities are reported in a separate Statement of Fiduciary Net Position and Statement of Changes in Fiduciary Net Position. The City is fiduciary for resources collected and owed to others including developers and governmental agencies. We exclude these activities from the City’s other financial statements because the City cannot use these assets to finance operations. The City is responsible for ensuring that the assets reported in these funds are used for their intended purposes. The accounting used for fiduciary funds is much like that used for proprietary funds. The City as a Whole The City’s combined net position increased from $427,734,710 to $432,580,747 and maintained its financial position. A large part of this increase was due to positive General Fund performance and increased Parks and Recreation program revenue. In 2021 and 2022 the City received $3,723,700 in American Recovery Plan funding which was used to reimburse General Fund costs related to the Coronavirus Disease (COVID-19). In addition the General Fund had positive performance in licenses and permits, property tax revenue, and charges for services. By far the largest portion of the City of Eden Prairie’s net position, $318,110,915 (approximately 73%) reflects its investment in capital assets (e.g. land, buildings, machinery, and equipment) less any related debt used to acquire those assets that is still outstanding. The City of Eden Prairie uses these capital assets to provide services to citizens; consequently, these assets are not available for future spending. Although the City’s investment in its capital assets is reported net of related debt, the resources needed to repay this debt must be provided from other sources, since the capital assets themselves cannot be used to liquidate these liabilities. An additional portion of the City’s net position $16,290,155 (approximately 4%), represents resources that are subject to external restrictions on how they may be used. The remaining balance of unrestricted net position, $98,179,677 (approximately 23%), may be used to meet the City’s ongoing obligations to citizens and creditors. 26 City of Eden Prairie, Minnesota Management’s Discussion and Analysis At the end of the current fiscal year, the City is able to report positive balances in all of the categories of net position reported for the government as a whole. The following schedule provides a summary of the City’s net position as of December 31, 2022 (in thousands): Key elements of these changes are shown on the following page. 27 City of Eden Prairie, Minnesota Management’s Discussion and Analysis 28 City of Eden Prairie, Minnesota Management’s Discussion and Analysis Governmental Activities Revenue by Source • For the year, property taxes totaled $43,333,223 which is an increase of $2,854,941 or 7.1% from 2021. For 2022, the City budgeted for a 4.8% increase in property taxes. The increase in taxes over the budgeted amount is due to the change in delinquent taxes owed. • Charges for services increased by $648,926 or 5.1% from 2021 due mainly to increased parks and recreation program revenue. • Operating grants and contributions were consistent with 2021. • Capital grants and contributions decreased as in 2021 we received grant money for the construction of the Southwest Light Rail Transit line and the Town Center Station. 29 City of Eden Prairie, Minnesota Management’s Discussion and Analysis Expenses by Program Business-type Activities For the business-type activities, charges for services accounts for 93% of revenues. The Water Fund, Wastewater Fund and Stormwater Fund had a change to net position of $(1,637,884), $(799,216) and $(2,059,317). The water fund’s decrease in net position is mainly due to expenses from the 30 City of Eden Prairie, Minnesota Management’s Discussion and Analysis water meter change out project and a transfer to the Eden Prairie Road Connect to Flying Cloud Drive fund to assist with capital improvements. The Wastewater Fund’s decreased net position is due to expenses associated with rehabilitating sewer lift stations and repairing manholes to reduce inflow and infiltration, and a transfer to the Eden Prairie Road Connect to Flying Cloud Drive fund to assist with capital improvements. The Stormwater Fund’s decreased net position is due to an transfer to the Duck Lake Road Reconstruction fund to cover stormwater expenses related to the project. The Liquor operations had a positive change in net position of $139,124. 31 City of Eden Prairie, Minnesota Management’s Discussion and Analysis The City’s Funds The General fund is the chief operating fund of the City of Eden Prairie. Fund balance increased by $4,112,772. The City was able to maintain balances in accordance with its fund balance policy. Nonspendable Balances The balances classified as nonspendable consist of balances that are not in spendable form, such as prepaid assets. Restricted Balances The balances classified as restricted consist of balances related to externally imposed constraints established by creditors, grantors/contributors, or state statutory provisions. Unassigned Balances The unassigned fund balance consists of the residual classification for the general fund. The City maintained an unassigned fund balance in accordance with the City’s fund balance policy. 32 City of Eden Prairie, Minnesota Management’s Discussion and Analysis Other Major Funds The GO Tax Abate 2014A/20A fund balance decreased by $13,245,731 in 2022. Revenue of $1,333,452 was collected which consisted mainly of general property taxes. There was also $13,165,000 of GO Tax Abatement Bonds 2014A that were refunded in 2022. The Public Improvement Construction fund balance increased by $29,964 in 2022. Revenue of $112,839 was collected which consisted mainly of special assessments. Construction costs include Flying Cloud Drive and the Prairie Center Drive and Singletree Lane intersection. These projects will be repaid with future special assessments, grants and state aid. There was also a transfer in of $230,238 for the Hennepin Town Road turn lane. The Capital Improvement Maintenance fund balance decreased by $114,754 in 2022. Revenue of $948,393 was collected which consists mainly of general property taxes and building rental income. Expenditures for the year include trail maintenance, hard court maintenance, Miller Park lighting, the Round Lake park building reconstruction, and the Riverview Road Guardrail. Transfers in include $800,000 and $1,000,000 from the Liquor fund and the General fund respectively due to positive operating results. There was also $173,134 transferred from the Park Improvement fund for Riley Lake Playground. $400,000 was transferred out for the Capital Improvement Maintenance’s Fund share of trail maintenance. The Shady Oak Road North fund balance decreased by $18,252 in 2022. The Shady Oak Road North project reconstructed Shady Oak Road from Rowland Road through the Highway 62 interchange. This project is substantially complete and is expected to be closed out in 2023. The Eden Prairie Rd Connect to Flying Cloud increased by $791,418. Special Assessments of $31,608 were collected. This project is for the construction of road from Frederick Place to north of Riley Creek. There was also a $771,899 transfer from the utility funds. This project will be repaid with future special assessments and transfers from the utility funds. The General LRT fund increased by $14,093. Revenues of $363,391 were collected which consisted of the City’s share of a Federal Transit grant managed by the Metropolitan Council. Expenditures in this fund are for construction related to the Light Rail Transit line. The SWLRT construction in the City is expected to be completed in 2023. Passenger service on the Light Rail is projected to begin in 2027 or 2028 due to construction challenges in neighboring cities. In 2022 this fund was closed with the remaining balance transferred to the Transportation Fund. The City’s proprietary funds provide the same type of information found in the government-wide financial statements, but in more detail. Water fund sales through December 31, 2022 totaled $11,008,837, which is an increase of $325,892 or 3.1% from 2021. Water usage decreased from 2.43 billion gallons to 2.41 billion gallons. The change in sales can be attributed to an increase in rates offset by a decrease in consumption. 33 City of Eden Prairie, Minnesota Management’s Discussion and Analysis Wastewater fund sales through December 31, 2022 totaled $7,517,471, which is an increase of $56,721 or 0.1% from 2021. Sewer usage decreased from 1.42 billion gallons to 1.36 billion gallons. The change in sales can be attributed to an increase in rates offset by a decrease in consumption. Stormwater fund sales through December 31, 2022 totaled $3,770,562, which is an increase of $139,193 or 3.8% from 2021. The increase is due to the rate increase. Liquor operations profit of $800,000 was transferred to the Capital Improvement Maintenance Fund. Sales totaled $11,753,806 which is an increase of $111,518 or 1.0% over 2021. The operation continues to provide value to customers and maintain customer loyalty. Budgetary Highlights The net change in fund balance to the General fund was $4,112,772. Revenues of $55,637,307 were recorded which is $1,191,240 more than budgeted. Property tax revenue and licenses and permits performed better than expected. Charges for services underperformed slightly due to continuing effects of COVID 19 on community center memberships and organized athletics. Total expenditures equaled $51,385,814 or 97.5% of the budget. All departments have spent less than 100% of the amounts budgeted except for Fire. The Fire overage is due to the turn out gear lease. Due to the positive General Fund performance, $1,000,000 was transferred to the Capital Improvement and Maintenance Fund to support the Capital Improvement Program. Capital Assets and Debt Administration Capital Assets At the end of 2022, the city had $343 million invested in capital assets. Major capital assets added during the current fiscal year by fund include the following: 2022 Fund Project Name Additions Duck Lake Road Duck Lake Road Reconstruction 2,961,489$ Fleet Capital Vehicle and Equipment Replacements 527,990 Water Capital Well 17 348,362 Park Improvement Nesbitt Splash Pad 305,225 Total 4,143,066$ 34 City of Eden Prairie, Minnesota Management’s Discussion and Analysis Capital Assets (net of depreciation/amortization, in thousands) The City has chosen to maintain infrastructure using the modified approach. This means the City does not depreciate the cost of infrastructure but maintains the system at a “very good condition” level or higher. Additional information on the modified approach can be found in Note 1 of this report and additional information on the City’s capital assets can be found in Note 4 of this report. The City’s policy is to achieve an average rating of 70 (very good condition) for all streets and trails. In the summer of 2022, the City conducted a physical condition assessment. This assessment will be performed every three years. As of December 31, 2022, the City’s infrastructure system was rated at a Pavement Condition Index (PCI) of 85.3%, which is higher than the City’s policy level. The City’s infrastructure is constantly deteriorating resulting from the following factors: (1) traffic using the system; (2) the sun’s ultra-violet rays drying out and breaking down the top layer of pavement; (3) utility company/private development trenching operations; (4) water damage from natural precipitation; and (5) frost heave. The City is continuously taking actions to prolong the life of the system through short-term maintenance activities such as pothole patching, crack sealing, seal coating, and overlaying. The City expended $6,008,581 on infrastructure maintenance for the year ending December 31, 2022. These expenditures delayed deterioration; and, the overall condition of the system was improved through these maintenance expenditures. The City has estimated that the amount of annual expenditures required to maintain the City’s infrastructure at the average PCI rating of very good is approximately $5,000,000. Debt At year-end, the City had approximately $89 million in bonds and other long-term liabilities outstanding compared to $68 million last year. Long term liabilities increased due to an increase in the net pension liability. This was offset by a decrease in debt as $13.1M of refunding bonds were paid off in 2022. Refer to Note 10 – Long Term Debt. 35 City of Eden Prairie, Minnesota Management’s Discussion and Analysis Economic Factors and Next Year’s Budgets The City’s elected officials consider many factors when adopting the budget and determining fees for service and fees that will be charged for the business-type activities. These factors include service levels, the tax impact on the median value home, commercial/industrial and household growth, and inflation. Currently, the 2023 general fund budgeted appropriations are $54,442,407 which is an increase of $1,778,017 or 3.4% from the 2022 budget. Revenues less expenses for 2023 are ($1,100,000). The City anticipates using American Recovery Plan funding to offset the revenue shortfalls. Contacting the City’s Financial Management This financial report is designed to provide a general overview of the City’s finances for those interested in the government’s finances. If you have questions about this report or need additional financial information, contact the Finance Division at City of Eden Prairie, 8080 Mitchell Road, Eden Prairie, MN 55344. 36 GOVERNMENT -WIDE STATEMENTS 37 City of Eden Prairie, Minnesota Statement of Net Position December 31, 2022 Governmental Business-type Activities Activities Total ASSETS Cash and Investments $98,078,172 $38,882,652 $136,960,824 Receivables Accounts (net of allow for uncollectible)2,510,884 3,770,671 6,281,555 Investment Interest 261,676 120,202 381,878 Lease Receivable Interest 17,484 1,630 19,114 Due From Other Governments 3,057,447 92,292 3,149,739 Unremitted Taxes 237,290 - 237,290 Delinquent Taxes 790,140 - 790,140 Unremitted Special Assessments 193 16,135 16,328 Delinquent Special Assessments 1,770 375,727 377,497 Special Assessments 2,370,059 599,955 2,970,014 Unavailable Special Assessments 1,319,588 287,500 1,607,088 Inventory 187,671 1,138,600 1,326,271 Net Pension Asset 5,780,395 - 5,780,395 Prepaid Items 908,243 447,464 1,355,707 Lease Receivable Due Within One Year 458,574 109,900 568,474 Due in More Than One Year 2,084,682 492,087 2,576,769 Land Held for Resale 741,000 - 741,000 Capital Assets Nondepreciable/Nonamortizable Land 22,068,182 1,057,955 23,126,137 Infrastructure 139,374,845 - 139,374,845 Work in Progress 5,409,234 348,360 5,757,594 Depreciable/Amortizable Buildings, Property and Equipment, Net 65,207,056 109,664,008 174,871,064 Total Assets 350,864,585 157,405,138 508,269,723 DEFERRED OUTFLOWS OF RESOURCES Refunding of Debt 262,289 - 262,289 Other Post Employment Benefits 949,405 69,546 1,018,951 Pensions 26,908,067 1,369,881 28,277,948 Total Deferred Outflows of Resources 28,119,761 1,439,427 29,559,188 Total Assets and Deferred Outflows of Resources 378,984,346 158,844,565 537,828,911 Primary Government The notes to the financial statements are an integral part of this statement 38 City of Eden Prairie, Minnesota Statement of Net Position December 31, 2022 Governmental Business-type Activities Activities Total LIABILITIES Accounts and Contracts Payable 4,010,785 1,404,970 5,415,755 Salaries Payable 1,085,063 188,277 1,273,340 Investment Interest Payable 6,895 - 6,895 Bond Interest Payable 190,513 88,471 278,984 Lease Interest Payable 276 3,560 3,836 Due to Other Governments 289,208 183,726 472,934 Unearned Revenue 1,347,749 8,409 1,356,158 Total Other Post Employment Benefits Liability Due in More Than One Year 3,256,902 255,087 3,511,989 Net Pension Due in More Than One Year 46,202,184 4,634,169 50,836,353 Lease Liability Payable Due Within One Year 22,838 163,601 186,439 Due in More Than One Year 75,603 1,150,738 1,226,341 Bonds Payable Due Within One Year 2,471,000 620,000 3,091,000 Due in More Than One Year 16,480,960 10,652,267 27,133,227 Finance Purchases From Direct Borrowing Due Within One Year 92,200 - 92,200 Due in More Than One Year 325,937 - 325,937 Compensated Absences Due Within One Year 1,144,701 183,441 1,328,142 Due in More Than One Year 1,232,043 197,438 1,429,481 Total Liabilities 78,234,857 19,734,154 97,969,011 DEFERRED INFLOWS OF RESOURCES Other Post Employment Benefits 484,778 35,370 520,148 Pensions 3,594,788 77,646 3,672,434 Deferred Inflows of Resources Related to Lease Receivable 2,498,525 588,046 3,086,571 Total Deferred Inflows of Resources 6,578,091 701,062 7,279,153 Total Liabilities and Deferred Inflows 84,812,948 20,435,216 105,248,164 NET POSITION Net Investment in Capital Assets 212,853,068 105,257,847 318,110,915 Restricted for Perpetual Care, Nonexpendable 192,139 - 192,139 Restricted for Debt Service 4,510,005 - 4,510,005 Restricted for Special Assessments 7,126 - 7,126 Restricted for Tax Increment 3,592,224 - 3,592,224 Restricted for Police 271,714 - 271,714 Restricted for Public Works 2,744,536 - 2,744,536 Restricted for Parks and Recreation 4,937,149 - 4,937,149 Restricted for Historical and Cultural 35,262 - 35,262 Unrestricted 65,028,175 33,151,502 98,179,677 Total Net Position $294,171,398 $138,409,349 $432,580,747 Primary Government The notes to the financial statements are an integral part of this statement 39 City of Eden Prairie, Minnesota Statement of Activities For the Year Ended December 31, 2022 Program Revenue Operating Capital Charges for Grants and Grants and Expenses Services Contributions Contributions FUNCTIONS/PROGRAMS Primary Government Governmental Activities Administration $5,751,886 $897,992 $3,747,412 $- Community Development 5,986,996 85,127 629,603 923,000 Police 17,956,084 1,022,601 1,056,452 162,571 Fire 5,689,004 3,948,568 559,653 - Public Works 16,584,584 336,140 500,000 7,825,102 Parks and Recreation 17,931,630 7,052,917 305,688 84,422 Interest on Long Term Debt (125,817) - - - Total Governmental Activities 69,774,367 13,343,345 6,798,808 8,995,095 Business-Type Activities Water 13,549,136 11,008,837 53,648 1,658,522 Wastewater 8,375,360 7,517,471 39,762 642,347 Stormwater 3,170,444 3,770,562 8,067 37,777 Liquor 11,084,984 12,067,226 6,016 - Total Business-Type Activities 36,179,924 34,364,096 107,493 2,338,646 Total Primary Government $105,954,291 $47,707,441 $6,906,301 $11,333,741 General Revenues Taxes Property Taxes, Levied for General Purposes Property Taxes, Levied for Debt Service Tax Increment Grants and Contributions Not Restricted to Specific Programs Investment Income Transfers Total General Revenues and Transfers Change in Net Position Net Position - Beginning Net Position - Ending The notes to the financial statements are an integral part of this statement 40 Net (Expense) Revenue and Changes in Net Position Governmental Business-type Activities Activities Total $(1,106,482) $- $(1,106,482) (4,349,266) - (4,349,266) (15,714,460) - (15,714,460) (1,180,783) - (1,180,783) (7,923,342) - (7,923,342) (10,488,603) - (10,488,603) 125,817 - 125,817 (40,637,119) - (40,637,119) - (828,129) (828,129) - (175,780) (175,780) - 645,962 645,962 - 988,258 988,258 - 630,311 630,311 (40,637,119) 630,311 (40,006,808) 40,796,786 - 40,796,786 2,536,437 - 2,536,437 2,750,448 - 2,750,448 971,536 - 971,536 (1,511,717) (690,645) (2,202,362) 4,339,262 (4,339,262) - 49,882,752 (5,029,907) 44,852,845 9,245,633 (4,399,596) 4,846,037 284,925,765 142,808,945 427,734,710 $294,171,398 $138,409,349 $432,580,747 The notes to the financial statements are an integral part of this statement 41 This page is intentionally left blank 42 FUND FINANCIAL STATEMENTS 43 City of Eden Prairie, Minnesota Balance Sheet Governmental Funds December 31, 2022 General Obligation Public Capital Shady Oak Tax Abatement Improvement Improvement Road General Bonds 2014A/20A Construction Maintenance North ASSETS Cash and Investments $34,885,681 $1,125,163 $- $23,790,588 $669,820 Receivables Accounts 527,193 - 7,255 - - Investment Interest 75,886 4,563 - 75,621 2,051 Lease Receivable Interest - - - 15,454 - Due From Other Governments 163,971 - - 1,220,502 - Unremitted Taxes 183,136 6,093 - 1,785 - Delinquent Taxes 782,345 - - 7,795 - Unremitted Special Assessments - - - - - Delinquent Special Assessments 1,355 - - 247 - Deferred Special Assessments 28,465 - 133,124 134,880 - Special Deferred Special Assessments - - 159,706 61,582 - Due From Other Funds - - - 1,079,683 - Prepaid Items 180,596 - - 25,648 - Lease Receivable - - - 2,129,899 - Land Held for Resale - - - - - Notes Receivable (net of allow for uncollectible)- - - - - Total Assets $36,828,628 $1,135,819 $300,085 $28,543,684 $671,871 LIABILITIES Accounts and Contracts Payable $1,349,278 $395 $245,893 $204,487 $10,126 Salaries Payable 980,195 - - - - Investment Interest Payable - - 1,166 - - Due to Other Governments 47,063 - - - - Due to Other Funds - - 173,802 - - Unearned Revenue 154,386 - - 111,755 - Total Liabilities 2,530,922 395 420,861 316,242 10,126 DEFERRED INFLOWS OF RESOURCES Deferred Inflow of Resource Related to Lease Receivable - - - 2,095,122 - Unavailable Revenue 52,856 - - - - Unavailable Revenue - State Shared Taxes - - - 1,220,502 - Unavailable Revenue-Property Taxes 782,345 - - 7,795 - Unavailable Revenue-Special Assessments 29,820 - 292,830 196,709 - Total Deferred Inflows of Resources 865,021 - 292,830 3,520,128 - FUND BALANCES Nonspendable 180,596 - - 25,648 - Restricted - 1,135,424 - - 661,745 Assigned - - - 24,681,666 - Unassigned 33,252,089 - (413,606) - - Total Fund Balance 33,432,685 1,135,424 (413,606) 24,707,314 661,745 Total Liabilities, Deferred Inflows of Resources, and Fund Balance $36,828,628 $1,135,819 $300,085 $28,543,684 $671,871 Capital ProjectsDebt Service The notes to the financial statements are an integral part of this statement 44 City of Eden Prairie, Minnesota Balance Sheet Governmental Funds December 31, 2022 ASSETS Cash and Investments Receivables Accounts Investment Interest Lease Receivable Interest Due From Other Governments Unremitted Taxes Delinquent Taxes Unremitted Special Assessments Delinquent Special Assessments Deferred Special Assessments Special Deferred Special Assessments Due From Other Funds Prepaid Items Lease Receivable Land Held for Resale Notes Receivable (net of allow for uncollectible) Total Assets LIABILITIES Accounts and Contracts Payable Salaries Payable Investment Interest Payable Due to Other Governments Due to Other Funds Unearned Revenue Total Liabilities DEFERRED INFLOWS OF RESOURCES Deferred Inflow of Resource Related to Lease Receivable Unavailable Revenue Unavailable Revenue - State Shared Taxes Unavailable Revenue-Property Taxes Unavailable Revenue-Special Assessments Total Deferred Inflows of Resources FUND BALANCES Nonspendable Restricted Assigned Unassigned Total Fund Balance Total Liabilities, Deferred Inflows of Resources, and Fund Balance Eden Prairie Rd Other Total Connect to General Governmental Governmental Flying Cloud LRT Funds Funds $- $- $23,579,711 $84,050,963 - - 872,465 1,406,913 - - 61,293 219,414 - - 1,030 16,484 - - 1,643,868 3,028,341 - - 46,276 237,290 - - - 790,140 - - 193 193 - - 168 1,770 245,156 - 1,828,434 2,370,059 157,185 - 941,115 1,319,588 - - 67,041 1,146,724 - - 80,525 286,769 - - 380,255 2,510,154 - - 741,000 741,000 - - 1,078,189 1,078,189 $402,341 $- $31,321,563 $99,203,991 $63,733 $- $1,440,408 $3,314,320 - - 14,292 994,487 5,212 - 517 6,895 - - 28,861 75,924 905,881 - 67,041 1,146,724 - - 1,080,973 1,347,114 974,826 - 2,632,092 6,885,464 - - 371,156 2,466,278 - - 525 53,381 - - - 1,220,502 - - - 790,140 402,341 - 2,769,717 3,691,417 402,341 - 3,141,398 8,221,718 - - 272,664 478,908 - - 13,309,002 15,106,171 - - 12,036,082 36,717,748 (974,826) - (69,675) 31,793,982 (974,826) - 25,548,073 84,096,809 $402,341 $- $31,321,563 $99,203,991 Capital Projects The notes to the financial statements are an integral part of this statement 45 This page is intentionally left blank 46 City of Eden Prairie, Minnesota Governmental Funds Reconciliation of the Balance Sheet of Governmental Funds to the Statement of Net Position December 31, 2022 Amounts Reported for Governmental Activities in the Statement of Net Position are Different Because: Total Fund Balance - Governmental Funds $84,096,809 1.Capital assets used in Governmental Activities are not financial resources and therefore are not reported as assets in governmental funds. Cost of Capital Assets 280,687,342 Less Accumulated Depreciation (54,604,733) 2.Long term liabilities, including bonds payable, are not due and payable in the current period and therefore are not reported as liabilities in the funds. Long-term liabilities at year end consist of: Bond Principal Payable Net (18,951,960) Finance Purchases From Direct Borrowing (418,137) Deferred Gain on Refunding 262,289 3.The City's net pension liability, net pension asset and related deferred outflows and inflows of resources are recorded only on the Statement of Net Position Balances at year end are: Net Pension Asset 5,780,395 Deferred Outflows of Resources related to pensions 26,908,067 Net Pension Liability (46,202,184) Deferred Inflows of Resources related to pensions (3,594,788) 4.Taxes and special assessment receivable will be collected in future years, but are not available soon enough to pay for the current period's expenditures and therefore are deferred in the funds.4,481,557 5.Receivable will be collected in future years, but are not available soon enough 1,273,883 to pay for the current period's expenditures and therefore are deferred in the funds. 6.Governmental funds do not report a liability for accrued interest on long-term debt until due and payable.(190,513) 7.Internal Service Funds are used by management to charge the costs of employee benefits to individual funds. The assets and liabilities of the Internal Service Fund are included in Governmental Activities in the Statement of Net Position.14,241,204 8.Internal Service Funds are used by management to charge the costs of employee benefits to individual funds. The assets and liabilities of the Internal Service Fund are included in Business-type Activities in the Statement of Net Position.402,167 Net Position - Governmental Activities $294,171,398 The notes to the financial statements are an integral part of this statement 47 City of Eden Prairie, Minnesota Statement of Revenues, Expenditures and Changes in Fund Balances Governmental Funds For the Year Ended December 31, 2022 General Obligation Public Capital Shady Oak Tax Abatement Improvement Improvement Road General Bonds 2014A/21A Construction Maintenance North REVENUES General Property Taxes $39,685,634 $1,357,662 $- $396,953 $- Special Assessments 19,068 - 75,026 14,953 - Penalties and Interest 22,551 - - - - Licenses and Permits 5,303,467 - - - - Intergovernmental Revenue 5,345,840 - - - - Charges for Services 5,201,248 - - - - Fines and Forfeits 296,757 - - - - Investment Income (468,510) (24,210) 785 (435,911) (15,011) Lease Income - - - 75,317 - Rental - - - 893,402 - Other 231,252 - 37,028 3,679 - Total Revenues 55,637,307 1,333,452 112,839 948,393 (15,011) EXPENDITURES Current Administration 4,880,588 - - 419,389 - Community Development 2,412,940 - - - - Police 17,032,495 - - - - Fire 6,841,419 - - - - Public Works 6,562,592 - - - - Parks and Recreation 13,635,118 - - - - Capital Outlay Administration - - - - - Police - - - 31,662 - Fire - - - 122,374 - Public Works - - 313,113 436,632 3,241 Parks and Recreation - - - 1,594,916 - Debt Service Principal 18,819 925,000 - - - Interest 1,843 487,138 - - - Fiscal Agent Fees - 2,045 - - - Total Expenditures 51,385,814 1,414,183 313,113 2,604,973 3,241 Excess of Revenues Over (Under) Expenditures 4,251,493 (80,731) (200,274) (1,656,580) (18,252) OTHER FINANCING SOURCES (USES) Issuance of Debt 436,955 - - - - Payment to Refunded Bond - (13,165,000) - - - Transfers In 444,324 - 230,238 1,973,134 - Transfers Out (1,020,000) - - (431,308) - Total Other Financing Sources (Uses)(138,721) (13,165,000) 230,238 1,541,826 - Net Change in Fund Balances 4,112,772 (13,245,731) 29,964 (114,754) (18,252) Fund Balance (Deficit) - Beginning 29,319,913 14,381,155 (443,570) 24,822,068 679,997 Fund Balance (Deficit) - Ending $33,432,685 $1,135,424 $(413,606) $24,707,314 $661,745 Capital ProjectsDebt Service The notes to the financial statements are an integral part of this statement 48 City of Eden Prairie, Minnesota Statement of Revenues, Expenditures and Changes in Fund Balances Governmental Funds For the Year Ended December 31, 2022 REVENUES General Property Taxes Special Assessments Penalties and Interest Licenses and Permits Intergovernmental Revenue Charges for Services Fines and Forfeits Investment Income Lease Income Rental Other Total Revenues EXPENDITURES Current Administration Community Development Police Fire Public Works Parks and Recreation Capital Outlay Administration Police Fire Public Works Parks and Recreation Debt Service Principal Interest Fiscal Agent Fees Total Expenditures Excess of Revenues Over (Under) Expenditures OTHER FINANCING SOURCES (USES) Issuance of Debt Payment to Refunded Bond Transfers In Transfers Out Total Other Financing Sources (Uses) Net Change in Fund Balances Fund Balance (Deficit) - Beginning Fund Balance (Deficit) - Ending Eden Prairie Rd Other Total Connect to General Governmental Governmental Flying Cloud LRT Funds Funds $- $- $4,127,159 $45,567,408 31,608 - 606,809 747,464 - - - 22,551 - - 3,335,913 8,639,380 - 360,185 7,711,329 13,417,354 - - 1,927,572 7,128,820 - - 925 297,682 31,035 3,206 (356,144) (1,264,760) - - 13,395 88,712 - - 78,134 971,536 - - 870,455 1,142,414 62,643 363,391 18,315,547 76,758,561 - - - 5,299,977 - - 3,409,570 5,822,510 - - 274,033 17,306,528 - - - 6,841,419 - - 77,737 6,640,329 - - 49,062 13,684,180 - - 53,706 53,706 - - - 31,662 - - - 122,374 43,124 499,908 10,630,596 11,926,614 - - 636,132 2,231,048 - - 1,753,170 2,696,989 - - 89,539 578,520 - - 6,688 8,733 43,124 499,908 16,980,233 73,244,589 19,519 (136,517) 1,335,314 3,513,972 - - - 436,955 - - - (13,165,000) 771,899 150,610 2,720,000 6,290,205 - - (499,635) (1,950,943) 771,899 150,610 2,220,365 (8,388,783) 791,418 14,093 3,555,679 (4,874,811) (1,766,244) (14,093) 21,992,394 88,971,620 $(974,826) $- $25,548,073 $84,096,809 Capital Projects The notes to the financial statements are an integral part of this statement 49 City of Eden Prairie, Minnesota Reconciliation of the Statement of Revenues and Expenditures, and Changes in Fund Balances of Governmental Funds to the Statement of Activities For the Year Ended December 31, 2022 Total net change in fund balances - governmental funds $(4,874,811) Amounts Reported for Governmental Activities in the Statement of Activities are Different Because: Capital outlays are reported in Governmental Funds as expenditures. However, in the Statement of Activities, the cost of those assets is allocated over the estimated useful life's as depreciation expense. Capital Outlays 4,220,751 Depreciation/Amortization Expense (4,027,327) The net effect of the disposal of capital assets Disposals (619,886) Accumulated Depreciation/Amortization on Disposals 385,910 Principal payments of long-term debt consumes the current financial resources of Governmental Funds, However they have no effect on Net Position.2,649,818 Interest on long-term debt in the statement of activities differs from the amount reported in the Governmental Funds because interest is recognized as an expenditure in the funds when it is due thus requires use of current financial resources. In the Statement of Activities, however interest expense is recognized as the interest accrues, regardless of when it is due.95,283 The issuance of long-term debt provides current financial resources to Governmental Funds and has no effect on Net Position. These amounts are reported in the Governmental Funds as a source of financing. These amounts are not shown as revenue in the Statement of Activities, but rather constitute long-term liabilities in the Statement of Net Position.(436,955) Governmental Funds report debt issuance premiums and discounts as another financing source or use at the time of issuance. Premiums and discounts are reported as an unamortized asset or liability in the Government-wide financial statements. Amortization of Premiums/Discounts 402,669 Debt service bonds were refunded during the year. The amount paid off with the new funding is reported in the governmental funds as a use of financing. However, the payments are not expenditures in the statement of activities, but rather a reduction on long-term liabilities in the statement of net position.13,165,000 Refunding gains/(losses) are recognized when paid in the governmental funds but amortized over the life of the debt in the Statement of Activities. Deferred Gain 284,146 Amortization of Deferred Gain (21,857) Taxes and special assessments receivable will be collected in future years, but are not available soon enough to pay for the current period's expenditures, and therefore are deferred in the funds.(79,318) Receivable will be collected in future years, but are not available soon enough to pay for the current period's expenditures, and therefore are deferred in the funds.(1,747,766) Some pension expenses reported in the Statement of Activities do not require the use of current financial resources and, therefore are not reported as expenditures. Change in Net Pension Asset/Liability and Related Deferred Outflows/Inflows of Resources (216,599) Internal Service Funds are used by management to charge the costs of employee benefits to individual funds. The net revenue of these activities is reported in Governmental Activities.24,272 Internal Service Funds are used by management to charge the costs of employee benefits to individual funds. The net revenue of these activities is reported in Business Type Activities.42,303 Change in Net Position - Governmental Activities $9,245,633 The notes to the financial statements are an integral part of this statement 50 City of Eden Prairie, Minnesota General Fund Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual For the Year Ended December 31, 2022 With Comparative Actual Amounts For the Year Ended December 31, 2021 2021 Budget Budget Variance Original Final Actual Over/(Under)Actual REVENUES Taxes and Special Assessments General Property Taxes and Assessments $39,346,562 $39,346,562 $39,704,702 $358,140 $37,805,770 Penalties and Interest 25,000 25,000 22,551 (2,449) 30,416 Total Taxes and Special Assessments 39,371,562 39,371,562 39,727,253 355,691 37,836,186 Licenses and Permits Liquor, Beer and Wine Licenses 311,650 311,650 298,029 (13,621) 293,205 Other Licenses 55,425 55,425 39,036 (16,389) 32,999 Building Permits and Fees 2,524,975 2,524,975 3,836,375 1,311,400 4,409,481 Cable TV 791,000 791,000 759,370 (31,630) 782,619 Other Permits Inspection Fees 207,000 207,000 209,223 2,223 159,983 Non-Development Fire Permits 113,500 113,500 119,744 6,244 136,923 Other 38,150 38,150 41,690 3,540 43,249 Total Licenses and Permits 4,041,700 4,041,700 5,303,467 1,261,767 5,858,459 Intergovernmental Revenue Police Pension Aid 610,000 610,000 651,068 41,068 593,687 Fire Relief Association Aid 494,000 494,000 542,833 48,833 511,566 School Liaison 124,600 124,600 124,600 - 120,430 Police Training 65,000 65,000 65,963 963 65,944 Fire Training 25,000 25,000 16,820 (8,180) 151,758 Grants 3,793,701 3,793,701 3,935,576 141,875 3,900,846 Local Performance Aid 9,000 9,000 8,980 (20) 8,988 Total Intergovernmental Revenue 5,121,301 5,121,301 5,345,840 224,539 5,353,219 Charges for Services Public Safety 171,047 171,047 213,151 42,104 138,747 Recreation Community Center 3,898,557 3,898,557 3,845,607 (52,950) 3,060,429 Youth Programs 496,500 496,500 471,568 (24,932) 424,309 Organized Athletics 206,400 206,400 154,295 (52,105) 176,347 Senior Center 72,100 72,100 59,178 (12,922) 24,153 Outdoor Center 70,000 70,000 84,818 14,818 64,129 Arts Center 103,700 103,700 201,829 98,129 127,412 Park Facilities 82,000 82,000 80,085 (1,915) 61,864 Park Maintenance 43,300 43,300 36,941 (6,359) 38,285 Therapeutic Recreation 38,500 38,500 21,742 (16,758) 17,235 Arts 27,000 27,000 31,764 4,764 21,911 Special Events 5,600 5,600 270 (5,330) 2,100 Total Recreation 5,043,657 5,043,657 4,988,097 (55,560) 4,018,174 Total Charges for Services 5,214,704 5,214,704 5,201,248 (13,456) 4,156,921 Fines and Forfeits 367,000 367,000 296,757 (70,243) 319,990 Investment Income 150,000 150,000 (468,510) (618,510) (128,825) Other 179,800 179,800 231,252 51,452 368,319 Total Revenues $54,446,067 $54,446,067 $55,637,307 $1,191,240 $53,764,269 2022 The notes to the financial statements are an integral part of this statement 51 City of Eden Prairie, Minnesota General Fund Statement of Revenues, Expenditures and Changed in Fund Balance - Budget and Actual For the Year Ended December 31, 2022 Continued With Comparative Actual Amounts For the Year Ended December 31, 2021 2021 Budget Budget Variance Original Final Actual Over/(Under)Actual EXPENDITURES Current Administration Legislative $352,284 $352,284 $377,212 $24,928 $409,268 Office of the City Manager 471,696 471,696 408,807 (62,889) 403,166 Legal Counsel 559,000 559,000 499,784 (59,216) 689,483 City Clerk 398,627 398,627 358,716 (39,911) 223,709 Communications 698,229 698,229 691,641 (6,588) 635,176 Finance 932,431 932,431 931,975 (456) 898,946 Customer Service 406,056 406,056 389,406 (16,650) 376,205 Human Resources 1,146,265 1,146,265 1,223,047 76,782 1,016,538 Total Administration 4,964,588 4,964,588 4,880,588 (84,000) 4,652,491 Community Development Assessing 1,084,315 1,084,315 1,055,993 (28,322) 1,039,814 Planning 722,524 722,524 574,623 (147,901) 560,622 Community Development Administration 247,615 247,615 231,497 (16,118) 190,183 Economic Development 188,347 188,347 186,083 (2,264) 166,418 Housing & Community Services 363,550 363,550 364,744 1,194 347,953 Total Community Development 2,606,351 2,606,351 2,412,940 (193,411) 2,304,990 Police 17,524,711 17,524,711 17,032,495 (492,216) 16,145,234 Fire Fire 5,143,593 5,143,593 5,369,294 225,701 5,003,837 Inspections 1,374,226 1,374,226 1,327,290 (46,936) 1,287,498 Public Safety Communications 158,667 158,667 144,835 (13,832) 129,822 Total Fire 6,676,486 6,676,486 6,841,419 164,933 6,421,157 Public Works Engineering 1,341,557 1,341,557 1,280,818 (60,739) 1,226,075 Street Maintenance 4,454,774 4,454,774 4,298,081 (156,693) 3,962,893 Street Lighting 923,500 923,500 983,693 60,193 837,355 Total Public Works 6,719,831 6,719,831 6,562,592 (157,239) 6,026,323 2022 The notes to the financial statements are an integral part of this statement 52 City of Eden Prairie, Minnesota General Fund Statement of Revenues, Expenditures and Changed in Fund Balance - Budget and Actual For the Year Ended December 31, 2022 Continued With Comparative Actual Amounts For the Year Ended December 31, 2021 2021 Budget Budget Variance Original Final Actual Over/(Under)Actual 2022 EXPENDITURES (Continued) Current (Continued) Parks and Recreation Park Maintenance 4,705,397 4,705,397 4,808,144 102,747 4,313,594 Community Center 5,688,795 5,708,490 5,351,320 (357,170) 4,931,948 Youth Programs 699,624 699,624 700,406 782 565,272 Senior Center 478,839 478,839 453,463 (25,376) 403,205 Park Administration 466,795 466,795 444,131 (22,664) 440,927 Organized Athletics 269,535 269,535 223,960 (45,575) 193,219 Recreation Administration 386,794 386,794 335,449 (51,345) 323,404 Arts Center 349,361 349,361 431,491 82,130 376,565 Therapeutic Recreation 239,252 239,252 161,265 (77,987) 157,932 Outdoor Center 267,672 267,672 282,369 14,697 249,905 Arts 162,109 162,109 161,958 (151) 136,590 Special Events 147,556 147,556 145,431 (2,125) 106,323 Park Facilities 92,362 92,362 81,114 (11,248) 71,150 Beaches 104,982 104,982 54,617 (50,365) 73,251 Total Parks and Recreation 14,059,073 14,078,768 13,635,118 (443,650) 12,343,285 Debt Service Principal 84,550 84,550 18,819 (65,731) 59,611 Interest 8,800 8,800 1,843 (6,957) 1,155 Total Debt Service 93,350 93,350 20,662 (72,688) 60,766 Total Expenditures 52,644,390 52,664,085 51,385,814 (1,278,271) 47,954,246 Excess of Revenues Over (Under) Expenditures 1,801,677 1,781,982 4,251,493 2,469,511 5,810,023 OTHER FINANCING SOURCES / (USES) Issuance of Debt - - 436,955 436,955 - Transfers In 442,024 442,024 444,324 2,300 423,527 Transfers Out (20,000) (20,000)(1,020,000)(1,000,000) (3,216,462) Proceeds from Disposition of Capital Assets - - - - - Total Other Financing Sources / (Uses)422,024 422,024 (138,721) (560,745) (2,792,935) Net Change in Fund Balance $2,223,701 $2,204,006 4,112,772 $1,908,766 3,017,088 Fund Balance, January 1 29,319,913 26,302,825 Fund Balance, December 31 $33,432,685 $29,319,913 The notes to the financial statements are an integral part of this statement 53 City of Eden Prairie, Minnesota Proprietary Funds Statement of Net Position December 31, 2022 Governmental Activities Internal Water Wastewater Stormwater Liquor Service Fund Fund Fund Fund Totals Fund ASSETS Current Assets: Cash and Investments $21,853,794 $9,476,152 $5,335,984 $2,618,889 $39,284,819 $13,625,042 Receivables: Accounts 1,597,165 1,407,848 758,835 6,823 3,770,671 25,782 Lease Receivable - - - 109,900 109,900 - Investment Interest 62,955 27,631 21,755 7,861 120,202 42,262 Lease Receivable Interest - - - 1,630 1,630 1,000 Due From Other Governments 23,051 50,000 19,241 - 92,292 29,106 Unremitted Special Assessments 15,955 180 - - 16,135 - Delinquent Special Assessments 361,059 11,006 3,662 - 375,727 - Deferred Special Assessments 182,195 273,293 144,467 - 599,955 - Special Deferred Special Assessments 115,000 172,500 - - 287,500 - Inventory - - - 1,138,600 1,138,600 187,671 Prepaid Items 38,108 371,569 5,250 32,537 447,464 621,474 Total Current Assets 24,249,282 11,790,179 6,289,194 3,916,240 46,244,895 14,532,337 Noncurrent Assets Lease Receivable - - - 492,087 492,087 33,102 Capital Assets: Not Being Depreciated or Amortized Land 410,694 - 110,602 536,659 1,057,955 - Work in Progress 348,360 - - - 348,360 374,733 Depreciated or Amortized Property, Plant and Equipment 140,788,088 83,659,938 53,348,070 2,628,498 280,424,594 14,349,085 Leased Building/Equipment - - - 1,474,097 1,474,097 116,896 Less Accumulated Depreciation/Amortization (87,598,405) (54,156,119) (28,684,615) (1,795,544) (172,234,683) (8,864,006) Total Noncurrent Assets 53,948,737 29,503,819 24,774,057 3,335,797 111,562,410 6,009,810 Total Assets 78,198,019 41,293,998 31,063,251 7,252,037 157,807,305 20,542,147 DEFERRED OUTFLOWS OF RESOURCES Other Post Employment Benefits 44,991 11,481 3,797 9,277 69,546 949,405 Pensions 742,019 171,235 171,235 285,392 1,369,881 - Total Deferred Outflows of Resources 787,010 182,716 175,032 294,669 1,439,427 949,405 Total Assets and Deferred Outflows of Resources 78,985,029 41,476,714 31,238,283 7,546,706 159,246,732 21,491,552 LIABILITIES Current Liabilities: Accounts Payable 756,125 111,262 45,061 492,522 1,404,970 696,465 Salaries Payable 92,318 28,805 22,366 44,788 188,277 90,576 Bond Interest Payable 88,471 - - - 88,471 - Lease Interest Payable - - - 3,560 3,560 276 Due to Other Governments 45,347 - - 138,379 183,726 213,284 Unearned Revenue - - - 8,409 8,409 635 Current Lease Liability Payable - - - 163,601 163,601 22,838 Current Portion of Bonds Payable 620,000 - - - 620,000 - Current Portion of Compensated Absences 102,802 27,114 7,789 45,736 183,441 1,144,701 Total Current Liabilities 1,705,063 167,181 75,216 896,995 2,844,455 2,168,775 Noncurrent Liabilities: Total Other Postemployment Benefits Liability 158,396 44,046 21,729 30,916 255,087 3,256,902 Net Pension Liability 2,510,175 579,271 579,271 965,452 4,634,169 - Lease Liability Payable - - - 1,150,738 1,150,738 75,603 Bonds Payable 10,652,267 - - - 10,652,267 - Compensated Absences 110,646 29,183 8,383 49,226 197,438 1,232,043 Total Noncurrent Liabilities 13,431,484 652,500 609,383 2,196,332 16,889,699 4,564,548 Total Liabilities 15,136,547 819,681 684,599 3,093,327 19,734,154 6,733,323 DEFERRED INFLOWS OF RESOURCES Other Postemployment Benefits Liability 22,879 5,847 1,932 4,712 35,370 484,778 Pensions 42,058 9,706 9,706 16,176 77,646 - Deferred Inflow of Resource Related to Lease Receivable - - - 588,046 588,046 32,247 Total Deferred Inflows of Resources 64,937 15,553 11,638 608,934 701,062 517,025 Total Liabilities and Deferred Inflows of Resources 15,201,484 835,234 696,237 3,702,261 20,435,216 7,250,348 NET POSITION Net Investment in Capital Assets 49,450,600 29,503,819 24,774,057 1,529,371 105,257,847 5,878,267 Unrestricted 14,332,945 11,137,661 5,767,989 2,315,074 33,553,669 8,362,937 Total Net Position $63,783,545 $40,641,480 $30,542,046 $3,844,445 138,811,516 $14,241,204 Adjustment to Reflect the Consolidation of Internal Service Fund Activities Related to Enterprise Funds (402,167) Total Net Position-Business-Type Activities $138,409,349 The notes to the financial statements are an integral part of this statement 54 City of Eden Prairie, Minnesota Proprietary Funds Statement of Revenues, Expenses and Changes in Net Position For the Year Ended December 31, 2022 Governmental Activities - Internal Water Wastewater Stormwater Liquor Service Fund Fund Fund Fund Total Fund SALES AND COST OF SALES Sales $- $- $- $11,753,806 $11,753,806 $- Cost of Sales - - - (8,450,887) (8,450,887) - Gross Profit - - - 3,302,919 3,302,919 - OPERATING REVENUE Sales 10,991,612 7,517,271 3,770,562 - 22,279,445 - Charges for Services - - - - - 20,424,642 Rental - - - 246,016 246,016 847,308 Lease Receivable Interest - - - 21,135 21,135 1,090 Other 17,225 200 - 46,269 63,694 - Total Operating Revenues 11,008,837 7,517,471 3,770,562 313,420 22,610,290 21,273,040 OPERATING EXPENSE Personnel Services 3,182,144 945,981 737,343 1,234,454 6,099,922 9,599,300 Supplies Supplies 82,763 12,553 48,709 22,488 166,513 76,992 Cleaning Supplies 11,998 - - - 11,998 116,281 Motor Fuel - - - - - 495,221 Tires - - - - - 83,917 Chemicals 899,955 - - - 899,955 - Repair and Maintenance Supplies 299,754 75,459 100,161 3,384 478,758 893,224 Contractual Services Contractual Services 475,882 119,303 458,375 328,638 1,382,198 3,574,236 Software 64,614 64,614 - - 129,228 1,605,732 Janitorial Services 55,200 - - 28,224 83,424 886,471 Lime Residual Removal 370,755 - - - 370,755 - Building Rent - - - 96,120 96,120 - Licenses, Permits, Taxes 237,192 - - 60 237,252 194,242 Repair and Maintenance 379,727 364,433 59,098 1,101 804,359 332,269 Utilities 1,098,532 31,908 898 90,000 1,221,338 1,918,731 MCES Fees - 4,159,931 - - 4,159,931 - Bank and Credit Card Fees 65,301 65,301 - 265,161 395,763 - User Charges 413,782 326,011 205,312 173,294 1,118,399 21,606 Capital Under $25,000 2,693,850 529,650 392,897 115,824 3,732,221 562,921 Total Operating Expenses 10,331,449 6,695,144 2,002,793 2,358,748 21,388,134 20,361,143 Operating Income (Loss) Before Depreciation/Amortization 677,388 822,327 1,767,769 1,257,591 4,525,075 911,897 Depreciation/Amortization 2,948,104 1,663,532 1,148,498 232,829 5,992,963 1,012,931 Operating Income (Loss) Before Nonoperating Revenue / Expense (2,270,716) (841,205) 619,271 1,024,762 (1,467,888) (101,034) NONOPERATING REVENUE (EXPENSE) Grants 36,621 50,000 37,000 - 123,621 103,645 Investment Income (356,511) (161,037) (126,493) (46,604) (690,645) (250,739) Lease Interest Expense - - - (45,050) (45,050) (2,873) Bonds Interest (304,345) - - - (304,345) - Bond Issuance Cost 52,569 - - - 52,569 - Fiscal Agent Fees (1,200) - - - (1,200) - Gain/(Loss) on Disposition of Capital Assets (7,250) - (361) - (7,611) 56,477 Contributions - - - - - 22,000 Miscellaneous 67,559 115,559 8,067 6,016 197,201 196,796 Total Nonoperating Revenues (Expenses)(512,557) 4,522 (81,787) (85,638) (675,460) 125,306 Income (Loss) Before Contributions and Transfers (2,783,273) (836,683) 537,484 939,124 (2,143,348) 24,272 Capital Access Charges 1,436,610 370,810 - - 1,807,420 - Capital Contributions From Developers 74,585 74,585 - - 149,170 - Capital Special Assessments 96,795 71,155 777 - 168,727 - Transfers Out (462,601) (479,083) (2,597,578) (800,000) (4,339,262) - Change in Net Position (1,637,884) (799,216) (2,059,317) 139,124 (4,357,293) 24,272 Net Position - Beginning 65,421,429 41,440,696 32,601,363 3,705,321 143,168,809 14,216,932 Net Position - Ending $63,783,545 $40,641,480 $30,542,046 $3,844,445 138,811,516 $14,241,204 Amounts reported for Business Type Activities in the Statement of Activities are Different Because: Adjustment to Reflect the Consolidation of Internal Service Funds Activities Related To Enterprise Funds (42,303) Change in Net Position of Business-Type Activities (4,399,596)$ The notes to the financial statements are an integral part of this statement 55 City of Eden Prairie, Minnesota Proprietary Funds Statement of Cash Flows For the Year Ended December 31, 2022 Page 1 of 2 Governmental Activities - Internal Water Wastewater Stormwater Liquor Service Fund Fund Fund Fund Totals Fund CASH FLOWS FROM OPERATING ACTIVITIES Receipts From Customers $11,285,745 $7,664,398 $3,811,370 $12,044,856 $34,806,369 $20,394,300 Payments to Vendors (7,401,980) (6,025,128) (1,386,546) (9,740,324) (24,553,978) (11,145,070) Payments to Employees (3,056,184) (888,865) (716,605) (1,275,560) (5,937,214) (9,508,967) Other Receipts 17,225 200 - 5,564 22,989 846,540 Net Cash Provided (Used) By Operating Activities 844,806 750,605 1,708,219 1,034,536 4,338,166 586,803 CASH FLOWS FROM INVESTING ACTIVITIES Investment Income (376,049) (164,482) (129,541) (46,696) (716,768) (250,940) Net Cash Provided (Used) By Investing Activities (376,049) (164,482) (129,541) (46,696) (716,768) (250,940) CASH FLOWS FROM NONCAPITAL FINANCING ACTIVITIES Grants 36,621 50,000 37,000 - 123,621 103,645 Miscellaneous 67,559 115,559 8,067 6,016 197,201 218,796 Transfers (Out)(462,601) (479,083) (2,597,578) (800,000) (4,339,262) - Net Cash Provided (Used) By Noncapital Financing Activities (358,421) (313,524) (2,552,511) (793,984) (4,018,440) 322,441 CASH FLOWS FROM CAPITAL FINANCING ACTIVITES Acquisition and Construction of Capital Assets (369,181) - (179,755) - (548,936) (696,764) Proceeds From Sale of Equipment - - - - - 66,100 Access Charges 1,436,610 370,810 - - 1,807,420 - Special Assessments 96,795 71,155 777 - 168,727 - Principal Paid on Debt (350,000) - - (159,758) (509,758) (18,456) Interest and Fiscal Agent Paid on Debt (251,914) - - (41,490) (293,404) (2,596) Net Cash Provided (Used) By Capital Financing Activities 562,310 441,965 (178,978) (201,248) 624,049 (651,716) Net Increase (Decrease) in Cash and Cash Equivalents 672,646 714,564 (1,152,811) (7,392) 227,007 6,588 Cash and Cash Equivalents, January 1 21,181,148 8,761,588 6,488,795 2,626,281 39,057,812 13,618,454 Cash and Cash Equivalents, December 31 $21,853,794 $9,476,152 $5,335,984 $2,618,889 $39,284,819 $13,625,042 The notes to the financial statements are an integral part of this statement 56 City of Eden Prairie, Minnesota Proprietary Funds Statement of Cash Flows For the Year Ended December 31, 2022 Page 2 of 2 Governmental Activities - Internal Water Wastewater Stormwater Liquor Service Fund Fund Fund Fund Totals Fund RECONCILIATION OF OPERATING INCOME (LOSS) TO NET CASH PROVIDED (USED) BY OPERATING ACTIVITIES: Operating Income (Loss)$(2,270,716) $(841,205) $619,271 $1,024,762 $(1,467,888) $(101,034) Adjustments to Reconcile Operating Income (Loss) to Net Cash Provided (Used) by Operating Activities: Depreciation/Amortization 2,948,104 1,663,532 1,148,498 232,829 5,992,963 1,012,931 (Increase) Decrease in Assets and Deferred Outflows: Accounts Receivable 289,210 116,294 33,934 (1,248) 438,190 30,731 Lease Receivable - - (15,571) (15,571) - Special Assessments Receivable 4,923 30,833 6,874 - 42,630 - Due From Other Governments (11,879) (50,000) 500 - (61,379) (27,415) Inventory - - - (71,621) (71,621) (36,173) Prepaid Items (6,241) (24,908) (750) (249) (32,148) (160,756) Other Post Employment Benefits (Deferred Outflow)(22,646) (5,913) (1,508) (4,591) (34,658) (554,566) Pensions (Deferred Outflow)220,842 50,963 50,964 159,006 481,775 - Increase (Decrease) in Liabilities and Deferred Inflows: Accounts Payable (228,170) 49,583 (118,566) (99,587) (396,740) (165,844) Salaries Payable 3,190 6,441 404 7,928 17,963 15,674 Unearned Revenue - - - 13 13 (61,073) Due to Other Governments (6,385) (250,640) (2,280) 6,314 (252,991) 6,961 Other Post Employment Benefits 14,617 3,813 972 2,960 22,362 645,127 Net Pension Liability 1,150,037 265,394 265,393 337,696 2,018,520 - Other Post Employment Benefits (Deferred Inflows)11,736 3,063 781 2,378 17,958 - Pensions (Deferred Inflow)(1,218,016) (281,080) (281,080) (565,396) (2,345,572) - Compensated Absences (33,800) 14,435 (15,188) 18,913 (15,640) (15,902) Net Cash Provided (Used) by Operating Activities $844,806 $750,605 $1,708,219 $1,034,536 $4,338,166 $588,661 Noncash Investing, Capital and Financing Activities: Contributions of Capital Assets from Developers $74,585 $74,585 $- $- $149,170 $- Amortization of Bond Premium 52,569 - - - 52,569 - The notes to the financial statements are an integral part of this statement 57 City of Eden Prairie, Minnesota Fiduciary Funds Statement of Fiduciary Net Position December 31, 2022 Custodial Funds Total ASSETS Cash and Investments $605,727 Due from Other Governments 64,053 Prepaids 6,433 Total Assets $676,213 LIABILITIES Accounts Payable $2,038 Due to Other Governments 4,970 Total Liabilities $7,008 NET POSITION Restricted $669,205 $669,205 The notes to the financial statements are an integral part of this statement 58 City of Eden Prairie, Minnesota Fiduciary Funds Statement of Changes in Fiduciary Net Position For the Year Ended December 31, 2022 Custodial Funds Total ADDITIONS Grants $303,468 Memberships 180,178 Investments Earnings 20,275 Building Permits 976,605 Other 67 Total Additions 1,480,593 DEDUCTIONS Personnel Services 407,681 Supplies 21,826 Contractual Services 1,139,479 Total Deductions 1,568,986 Net Increase (Decrease) in Fiduciary Net Position (88,393) Net Position - Beginning 757,598 Net Position - Ending $669,205 The notes to the financial statements are an integral part of this statement 59 This page is intentionally left blank 60 NOTES TO FINANCIAL STATEMENTS 61 City of Eden Prairie, Minnesota Notes to Financial Statements Note 1—Summary of Significant Accounting Policies Reporting Entity The City of Eden Prairie is a municipal corporation governed by an elected mayor and four-member council. The accompanying financial statements consist of the primary government and organizations for which the primary government is financially accountable. In addition, the primary government may determine through exercise of management’s professional judgment that the inclusion of an organization that does not meet the financial accountability criteria is necessary in order to prevent the financial statements from being misleading. The criteria used to determine if the primary government is financially accountable for a potential component unit include whether or not the primary government appoints the voting majority of the potential component unit’s board, is able to impose its will on the potential component unit, is in a relationship of financial benefit or burden with the potential component unit, or is fiscally depended upon by the potential component unit. Blended Component Unit The Housing and Redevelopment Authority (H.R.A.) is a body organized and existing under the laws of the State of Minnesota. The Authority was established in 1980 by the City to carry out certain redevelopment projects within the City and is governed by the City Council and the Mayor. The City also has an operational responsibility for the H.R.A. The H.R.A. has a December 31 year-end and does not issue financial statements. This unit is included within the H.R.A. and Economic Development funds. Government-Wide and Fund Financial Statements The government-wide financial statements (i.e., the Statement of Net Position and the Statement of Activities) report information on all of the nonfiduciary activities of the City. The fiduciary funds are only reported in the statement of fiduciary net position and the statement of changes in fiduciary net position at the fund financial statement level. Governmental activities, which normally are supported by taxes and intergovernmental revenues, are reported separately from business-type activities, which rely to a significant extent on fees and charges for support. The statement of activities demonstrates the degree to which the direct expenses of a given function or segment are offset by program revenues. Direct expenses are those that are clearly identifiable with a specific function or segment. Program revenues include 1) charges to customers or applicants who purchase, use or directly benefit from goods, service or privileges provided by a given function or segment and 2) grants and contributions that are restricted to meeting the operational or capital requirements of a particular function or segment. Taxes and other items not properly included among program revenues are reported instead as general revenues. Measurement Focus, Basis of Accounting and Statement Presentation Separate financial statements are provided for governmental funds, proprietary funds, and fiduciary funds, even though the latter are excluded from the government-wide financial statements. Major individual governmental funds and major individual proprietary funds are reported as separate columns in the fund financial statements. 62 City of Eden Prairie, Minnesota Notes to Financial Statements The financial statements for the government-wide, proprietary funds, fiduciary funds (which include custodial funds) are reported using the economic resources measurement focus and the accrual basis of accounting. Revenues are recorded when earned and expenses are recorded when a liability is incurred, regardless of the timing of the related cash flows. Property taxes are recognized as revenues in the year for which they are levied. Grants and similar items are recognized as revenue as soon as all eligibility requirements imposed by the provider have been met. Governmental fund financial statements are reported using the current financial resources measurement focus and the modified accrual basis of accounting. Revenues are recognized as soon as they are both measurable and available. Revenues are considered to be available when they are collectible within the current period or soon enough thereafter to pay liabilities of the current period. For this purpose, the City considers revenues to be available if they are collected within 60 days of the end of the current fiscal period. Expenditures generally are recorded when a liability is incurred, as under accrual accounting. However, debt service expenditures, as well as expenditures related to compensated absences and claims and judgments, are recorded only when payment is due. Property taxes, licenses, interest and special assessments are all considered to be susceptible to accrual and so have been recognized as revenues of the current fiscal period. Grants and similar items are recognized as revenue as soon as all eligibility requirements imposed by the provider have been met. All other revenue items are considered to be measurable and available only when payment is received by the City. The City reports the following major governmental funds: • The General fund is the City’s primary operating fund. It accounts for the proceeds of specific revenue sources that are restricted or committed to expenditures for specified purposes other than debt service and capital projects. • The General Obligation Tax Abatement 2014A/21A fund accounts for the accumulation of tax revenues needed to repay bonds issued to finance construction of the Aquatics & Fitness Expansion. • The Public Improvement Construction fund accounts for proceeds of bonds sold and special assessments collected to finance street, drainage, and lateral utility construction within the City. • The Capital Improvement Maintenance fund accounts for the accumulation of resources to be used for capital improvements and maintenance of City property. • The Shady Oak Road North fund accounts for the accumulation of resources to be used for the reconstruction of Shady Oak Road from Rowland Road through the Highway 62 interchange. • The Eden Prairie Rd Connect to Flying Cloud fund accounts for the accumulation of resources to be used for the construction of road from Frederick Place to north of Riley Creek. • The General LRT fund accounts for the accumulation of resources to be used for the completion of the Town Center Station, Urban Grid roadway system, extension of Eden 63 City of Eden Prairie, Minnesota Notes to Financial Statements Road to the station and upgrade/betterments of amenities within Eden Prairie beyond the base product. The City reports the following major proprietary funds: • The Water fund accounts for the operations of the City water system. • The Wastewater fund accounts for the operations of the City wastewater service. • The Stormwater fund accounts for the operations of the City’s stormwater system. • The Liquor fund accounts for the operations of the City’s three retail liquor stores and the operations of the City-owned Den Road building which is leased to City liquor operations and other tenants. Additionally, the city reports the following fund types: • Internal Service funds are used to account for the financing of goods or services provided by one department or agency to other departments or agencies of the government and to other government units, on a cost reimbursement basis. Internal Service funds include Health & Benefits, Severance, Workers Compensation, Property Insurance, Facilities, Fleet, and Information Technology. • Fiduciary funds include Custodial funds that account for evidence held by the Police department in the Escrow fund, WAFTA, Metropolitan Council Environmental Services funds (MCES) and the 494 Corridor Commission. As a general rule the effect of interfund activity has been eliminated from the government-wide financial statements. Exceptions to this rule are payments in-lieu of taxes and other charges between the City’s water, wastewater, and storm water function and various other functions of the City. Elimination of these charges would distort the direct costs and program revenues reported from the various functions concerned. Proprietary funds distinguish operating revenues and expenses from nonoperating items. Operating revenues and expenses generally result from providing services and producing and delivering goods in connection with a proprietary fund’s principal ongoing operations. The principal operating revenue of the City’s proprietary funds are charges to customers for sales and services. Operating expenses for proprietary funds include the cost of sales and services, administrative expenses, and depreciation on capital assets. All revenues and expenses not meeting this definition are reported as nonoperating revenues and expenses. Assets, Liabilities, Deferred Outflows/Inflows of Resources, and Net Position/Fund Balance Cash and Investments Cash and investments, except for small amounts of cash on hand, are deposited in pooled accounts of the City. The City invests cash surpluses in these accounts; and investment earnings, as well as gains and losses on sales of securities, are allocated to the various funds on the basis of average cash balances. Funds with deficit cash balance averages (interfund payable) are charged interest equivalent to the average investment earnings lost in financing the deficits. For purposes of the statement of cash flows, the Proprietary funds consider all unrestricted investments held in the 64 City of Eden Prairie, Minnesota Notes to Financial Statements pooled accounts of the City to be cash equivalents because this pool is used essentially as a demand deposit account. Investments are stated at their fair value as determined by quoted market prices, except for money market investments and participating interest-earning investment contracts that have a remaining maturity at time of purchase of one year or less which are recorded at amortized cost, provided that the fair value of those investments is not significantly affected by the impairment of the credit standing of the issuer or by other factors. Money market investments are short-term, highly liquid debt instruments including commercial paper, banker's acceptances, and U.S. Treasury and agency obligations. Investments in external investment pools that meet the criteria of GASB Statement No. 79 are valued at amortized costs. If an external investment pool does not meet the criteria established by this Statement, that pool should apply the provisions in paragraph 16 of Statement No. 31. Interfund Receivables/Payables Activity between funds that are representative of lending/borrowing arrangements outstanding at the end of the fiscal year are referred to as “due to/from other funds” (i.e., the current portion of interfund loans) or advances to/from other funds. All other outstanding balances between funds are reported as “due to/from other funds.” Any residual balances outstanding between the governmental activities and business-type activities are reported in the government-wide financial statements as “internal balances.” Inventories and Prepaid Items Liquor fund inventories are valued at average cost. The Fleet fund’s inventories are valued at cost. All inventories use the first-in/first-out (FIFO) method. Inventories and prepaids of governmental funds are recorded as expenditures when consumed rather than when purchased. Certain payments to vendors reflect costs applicable to future accounting periods and are recorded as prepaid items in both government-wide and fund financial statements. Capital Assets Capital assets, which include property, plant, equipment, and infrastructure assets (e.g., roads, bridges, sidewalks, and similar items), are reported in the applicable governmental or business-type activities columns in the government-wide financial statements. Capital assets are defined by the City as assets with an initial individual cost of more than $25,000 and an estimated useful life in excess of 1 year. Such assets are recorded at historical cost or estimated historical cost if purchased or constructed. Donated capital assets are recorded at acquisition value at the date of donation. Leased assets are recorded based on the measurement of payments applicable to the lease term. The costs of normal maintenance and repairs that do not add to the value of the asset or materially extend assets lives are not capitalized. 65 City of Eden Prairie, Minnesota Notes to Financial Statements The City has chosen to use the modified approach for its infrastructure assets which means the following criteria will take place: • The City will preserve and maintain infrastructure assets at a condition level of 70. • The Engineering department will be in charge of determining the appropriate condition level at which these assets are to be maintained. • The City will maintain an inventory of these assets and perform a condition assessment every 3 years to establish that the condition level of 70 is being maintained. • The City will make annual estimates of the amounts that must be expended to preserve and maintain these assets at the condition level of 70. Property, plant, and equipment, except for infrastructure, of the City are depreciated or amortized using the straight-line method over the following estimated useful lives: Buildings 5-50 years Land improvements 10-50 years Leasehold improvements 10-25 years Leased Assets shorter of useful life or lease term Equipment 5-30 years Autos 5-20 years Other assets 5-30 years Distribution system 25-50 years Intangible assets 3 years Deferred Outflows/Inflows of Resources In addition to assets, the statement of financial position will sometimes report a separate section for deferred outflows of resources. This separate financial statement element, deferred outflows of resources, represents a consumption of net assets that applies to a future period(s) and will not be recognized as an outflow of resources (expense/ expenditure) until then. The City has two items that qualify for reporting in this category. It is the deferred charge for pensions (see Pension section below for explanation) and the deferred charge for OPEB (see OPEB section below for explanation). In addition to liabilities, the statement of financial position will sometimes report a separate section for deferred inflows of resources. This separate financial statement element, deferred inflows of resources, represents an acquisition of net assets that applies to a future period(s) and will not be recognized as an inflow of resources (revenue) until that time. The City has three items that qualify for reporting in this category. It is the deferred charge for pensions (see Pension section below for explanation), the deferred charge for OPEB (see OPEB section below for explanation), and deferred lease revenue. Unavailable revenue is reported only in the governmental funds balance sheet. The governmental funds report unavailable revenues from five sources: property taxes, special assessments, loans, 66 City of Eden Prairie, Minnesota Notes to Financial Statements state shared taxes and invoices not collected within 60 days. These amounts are deferred and recognized as an inflow of resources in the period that the amounts become available. Pensions For purposes of measuring the net pension liability, deferred outflows/inflows of resources, and pension expense, information about the fiduciary net position of the Public Employees Retirement Association (PERA) and the relief association and additions to/deductions from PERA’s and the relief association fiduciary net position have been determined on the same basis as they are reported by PERA and the relief association except that PERA’s fiscal year end is June 30. For this purpose, plan contributions are recognized as of employer payroll paid dates and benefit payments and refunds are recognized when due and payable in accordance with the benefit terms. Investments are reported at fair value. For the governmental activities, the net pension liability will be liquidated through the General fund. For purposes of measuring the liability, deferred outflows of resources and deferred inflows of resources, and expense associated with the City’s requirement to contribute to the Eden Prairie Firefighter Relief Association, information about the Plan’s fiduciary net position and additions to/deductions from the Eden Prairie Firefighter Relief Association Plan’s fiduciary net position have been determined on the same basis as they are reported by the Plan. For this purpose, benefit payments (including refunds of contributions) are recognized when due and payable in accordance with the benefit terms. Investments are reported at fair value. Postemployment Benefits Other Than Pensions (OPEB) For purposes of measuring the total OPEB liability, deferred outflows/inflows of resources related to OPEB, and OPEB expense, the City recognizes benefit payments when due and payable in accordance with the benefit terms. The City’s benefit payments consist of the implicit rate subsidy, and subsidized premiums for officers injured in the line of duty. Other post-employment benefits are generally liquidated through the Health and Benefits Internal Service funds. Compensated Absences The City compensates employees upon termination for unused paid time off (PTO). Such pay will be reflected as a liability in the government-wide financial statement and accrued as an expense as it is earned in an internal service fund. General Property Taxes Property tax levies are set by the City Council in December each year and are certified to Hennepin County for collection in the following year. In Minnesota, counties act as collection agents for all property taxes. The County spreads all levies over taxable property. Such taxes become a lien on January 1 and are recorded as receivables by the City at that date. Revenues are accrued and recognized in the year collectible, net of delinquencies. 67 City of Eden Prairie, Minnesota Notes to Financial Statements Real property taxes may be paid by taxpayers in two equal installments on May 15 and October 15. Personal property taxes may be paid on February 28 and June 30. The County provides tax settlements to taxing districts in February, June, and December. In the governmental fund financial statements, taxes that remain unpaid at December 31 are classified as delinquent taxes receivable and are fully offset by unavailable revenue because they are not available to finance current expenditures. Special Assessment Levies Special assessments represent the financing for public improvements paid for by the benefiting property owner. In the fund financial statements, special assessment revenue and related interest income is generally recognized in the year collected. Hennepin County acts as the billing and collection agent. Amounts collected by the County during the year that have not yet been remitted to the City are considered collections for purposes of revenue recognition. Deferred special assessments receivable represents principal amounts due in future years. Special deferred assessments receivable includes Green Acres, disability, senior citizen owned property or other qualified hardship properties. These special assessments are deferred until such time the property loses its exempt status. While these taxes remain a valid receivable, the timing of their collection is uncertain. Interest accrues from the year of the deferment. Delinquent special assessments receivable represents special assessments principal and interest that are past due. In the governmental fund financial statements, deferred and delinquent special assessments receivable are fully offset by deferred inflows of resources because such assessment revenue is not available currently. Long-term Obligations In the government-wide financial statements and proprietary fund financial statements, long-term debt and other long-term obligations are reported as liabilities in the statement of net position. Bond premiums and discounts are amortized over the life of the bonds using the effective interest method. Bonds payable are reported net of the applicable bond premium or discount. In the fund financial statements, governmental fund types recognize bond premiums and discounts, as well as bond issuance costs, during the current period. The face amount of debt issued is reported as other financing sources. Premiums and discounts on debt issuances are reported as other financing sources/uses. Issuance costs, whether or not withheld from the actual debt proceeds received, are reported as debt service expenditures. Fund Balance Classifications In the fund financial statements, governmental funds report fund balance in classifications that disclose constraints for which amounts in those funds can be spent. These classifications are as follows: • Nonspendable-consists of amounts that are not in spendable form, such as prepaid assets and assets that are legally or contractually required to be maintained intact. 68 City of Eden Prairie, Minnesota Notes to Financial Statements • Restricted-consists of amounts related to externally imposed constraints established by creditors, grantors or contributors; or constraints imposed by state statutory provisions. • Committed-consists of internally imposed constraints. These constraints are established by Resolution of the City Council. Only the Council can remove or change the constraints placed on committed fund balances by resolution. • Assigned-consists of internally imposed constraints. These constraints reflect the specific purpose for which it is the City’s intended use. These constraints are established by the City council and/or management. Pursuant to City Council Resolution, the City Manager or Finance Manager is authorized to establish assignments of fund balance. • Unassigned-is the residual classification for the general fund and also reflects negative residual amounts in other funds. When both restricted and unrestricted resources are available for use, it is the City’s policy to first use restricted resources, and then use unrestricted resources as they are needed. When unrestricted resources are available for use, it is the City’s policy to use resources in the following order: 1) committed 2) assigned 3) unassigned. • The City’s fund balance policy requires the unassigned for working capital fund balance component to equal 50% of the next year’s budgeted tax revenue. In recognition that the amount for working capital only covers operating costs for the first six months of the year, the City will maintain an unassigned fund balance component for budget stabilization which is 10% of the next year’s budget in fund balance for budget stabilization and 5% of the next year’s budget for budget balancing in the general fund. If the balance falls below 15%, a plan would be developed and implemented to replenish the fund. Prior Period Comparative Financial Information/Reclassification The financial statements include certain prior year partial comparative information but not at the level of detail required for a presentation in conformity with accounting principles generally accepted in the United States of America. Accordingly, such information should be read in conjunction with the City’s financial statements for the year ended December 31, 2021, from which the summarized information was derived. Also, certain amounts presented in the prior year data have been reclassified in order to be consistent with the current year’s presentation. Change in Accounting Principle For the year ended December 31, 2022, the City implemented GASB statement 87, Leases. This statement includes changes in recognition of certain leased assets and liabilities previously classified as operating leases and recognized as inflows/outflows of resources based on lease contract terms. GASB statement 87 establishes a single model for lease accounting. Leases are financings of a right to use asset. A lessee must recognize a lease liability and right to use lease asset. A lessor must recognize a lease receivable and deferred inflow of resources. The implementation of this standard resulted in an adjustment of capital assets and long-term liabilities and the reporting of a new lease receivable. 69 City of Eden Prairie, Minnesota Notes to Financial Statements Note 2—Stewardship, Compliance and Accountability Budgetary Information An annual budget is adopted on a basis consistent with generally accepted accounting principles for the General fund. The City does not budget for its Special Revenue funds. All annual appropriations lapse at fiscal year end. The proposed budget is presented to the City Council for review. The Council then holds truth-in-taxation meeting after which a final General Fund annual budget is legally adopted by no later than December 31. The appropriated budget is prepared by department and division. The City’s directors and division managers may make transfers of appropriations within a division. Transfers of appropriations between departments require the approval of the City Manager. The legal level of budgetary control is the fund level. Any changes in the total budget of each fund must be approved by a majority vote of the City Council. During the year, adjustments between the original and final General fund amended budget resulted in an increase of $19,695. Following are changes made to the original budget during the year: General fund expenditures equal $51,329,961 or 97.5% of the annual amount budgeted of $52,664,085. All departments except Fire have spent less than 100% of the amounts budgeted. Deficit Fund Equity The following governmental funds had deficit fund balance/net position at December 31, 2022: The fund balance deficits of these individual Capital Project funds will be financed by municipal state aid, special assessments and other future City planned funding as identified in the City’s Capital Improvement Plan. The fund balance deficit of the Severance Internal Service fund will be financed by user charges. The fund balance deficit of the Health and Benefits fund is due to the OPEB liability which the City will not fund since it pertains only to the Implicit Rate. Community Center Fitness Equipment 19,695$ 19,695$ Major Funds: Public Improvement Construction 413,606$ Eden Prairie Rd Connect to Flying Cloud 974,826 Non-Major Governmental Funds: Dell Road 69,545 Internal Service Funds: Health and Benefits 1,037,826 Severance 981,255 70 City of Eden Prairie, Minnesota Notes to Financial Statements Note 3—Cash and Investments Components of Cash and Investments Cash and investments at year-end consist of the following: Cash and investments are presented in the financial statements as follows: Deposits In accordance with Minnesota Statutes, the City maintains deposits at those depository banks authorized by the City Council, including checking accounts and certificates of deposits. The following is considered the most significant risk associated with deposits: Custodial Credit Risk In the case of deposits, this is the risk that in the event of a bank failure, the City’s deposits may be lost. Minnesota Statutes require that all deposits be protected by federal deposit insurance, corporate surety bond, or collateral. The fair value of collateral pledged must equal 110% of the deposits not covered by federal deposit insurance or corporate surety bonds. Authorized collateral includes treasury bills, notes, and bonds; issues of U.S. government agencies; general obligation rate “A” or better; revenue obligations rate “AA” or better; irrevocable standard letters of credit issued by the Federal Home Loan Bank; and certificated of deposit. Minnesota Statues require that securities pledged as collateral be held in safekeeping in a restricted account at the Federal Reserve Bank or in an account at a trust department of a commercial bank or other financial institution that is not owned or controlled by the financial institution furnishing the collateral. It is the City’s policy to limit collateral to what is authorized by Minnesota Statutes. At year-end, the carrying amount of the City’s deposits was $0 while the balance on the bank records was $0. At December 31, 2022, all deposits were fully covered by federal depository insurance, surety bonds, or by collateral held by the City’s agent in the City’s name. Investments 137,536,712$ Cash on hand 29,839 Total 137,566,551$ Statement of Net Position Cash and cash equivalents 136,960,824$ Statement of Fiduciary Net Position Cash and investments 605,727 137,566,551$ 71 City of Eden Prairie, Minnesota Notes to Financial Statements Investments As of December 31, 2022, the city had the following investments and maturities: * The weighted average life of mortgage-backed securities are no more than seven (7) years from the date of purchase. Moody’s Investors Service was used as the primary agency for the municipal bond ratings, in the case that Moody’s did not provide a rating a Standard & Poor’s was used. Investments are subject to various risks, the following of which are considered the most significant. Interest Rate Risk Per City policy, the City will match its investments with anticipated cash flow requirements. Unless matched to a specific cash flow, the City will not directly invest in securities maturing more than seven (7) years from the date of purchase or for mortgage-backed securities, the weighted average life must be no more than seven (7) years from the date of purchase. The intent to invest in securities with longer maturities will be disclosed to the City Council. Currently, the City does Less 1 to 7 Total Than 1 Year Years* U.S. Agencies 58,738,296$ 14,980,809$ 43,757,487$ Municipal Bonds 23,352,381 16,348,101 7,004,280 Commercial Paper 1,986,500 1,986,500 - Negotiable Certificate of Deposit 2,853,563 2,618,095 235,468 Bankers Acceptance 2,682,698 2,682,698 - Mutual Funds 47,923,274 47,923,274 - Total 137,536,712$ 86,539,477$ 50,997,235$ Investment Maturities (in Years) Negotiable US Municipal Certificate Bankers Commercial Mutual Agencies Bonds of Deposit Acceptance Paper Funds Total Moody's Aaa 47,253,256$ 5,979,096$ -$ -$ -$ -$ 53,232,352$ Aa1 - 5,491,141 - - - - 5,491,141 Aa2 - 3,447,788 - - - - 3,447,788 Aa3 - 3,320,882 - - - - 3,320,882 Mig1 - 500,234 - - - - 500,234 N/A, N/R 10,393,632 - 2,853,563 2,682,698 1,986,500 47,923,274 65,839,667 S&P A+- 174,073 - - - - 174,073 AA - 965,690 - - - - 965,690 AA+1,091,408 154,125 - - - - 1,245,533 AA-- 1,166,130 1,166,130 AAA - 2,153,222 - - - - 2,153,222 58,738,296$ 23,352,381$ 2,853,563$ 2,682,698$ 1,986,500$ 47,923,274$ 137,536,712$ 72 City of Eden Prairie, Minnesota Notes to Financial Statements not have any investments with an expected average life greater than seven years from the date of purchase. Credit Risk It is the City’s policy to limit its investments to the following types, which are also authorized by Minnesota Statutes: • Direct obligations or obligations guaranteed by the United States or its agencies, its instrumentalities or organizations created by an act of congress, excluding mortgage-backed securities defined as high risk. • Shares of investment companies registered under the Federal Investment Company Act of 1940 and whose only investments are in securities described above or in general obligation tax exempt securities, or repurchase or reverse repurchase agreements. • Repurchase or reverse repurchase agreements with banks that are members of the Federal Reserve System with capitalization exceeding $10,000,000: a primary reporting dealer in U.S. government securities to the Federal Reserve Bank of New York; certain Minnesota securities broker-dealers, or, a bank qualified as a depositor. • Commercial paper issued by United States corporations or their Canadian subsidiaries, of the higher quality, and maturing in 270 days or less. • Banker’s acceptance of U.S. banks eligible for purchase by the Federal Reserve System. • General obligations of a state or local government. • Money market mutual funds meeting the conditions of rule 2a-7 of the Securities and Exchange Commission. The fair value of the position in the pool is the net asset value per share provided by the pool. Custodial Credit Risk For an investment, custodial credit risk is the risk that in the event of the failure of the counterparty, the city will not be able to recover the value of its investments or collateral securities that are in the possession of an outside party. The City’s investments are held in safe keeping. The City’s investment policy specifically addresses custodial credit risk by requiring investments to be held at the Federal Reserve Bank or any bank authorized under the laws of the United States. Concentration Risk This is the risk associated with investing a significant portion of the City’s investment (considered 5 percent or more) in the securities of a single issuer, excluding U.S. guaranteed investments (such as Treasuries), investment pools, and mutual funds. The City’s investment policy specifically addresses the City’s desire to limit risk by avoiding over concentration in securities from a specific issuer and by setting allocation guidelines to diversify the types of securities in the portfolio. At year end, the City did hold the following investments in securities with a single issuer which exceeded 5%. Issuer Percentage FHLMC 5.1% 73 City of Eden Prairie, Minnesota Notes to Financial Statements Fair Value Measurements The City uses fair value measurements to record fair value adjustments to certain assets and liabilities and to determine fair value disclosures. The City follows an accounting standard that defines fair value, establishes a framework for measuring fair value, establishes a fair value hierarchy based on the quality of inputs used to measure fair value, and requires expanded disclosures about fair value measurements. In accordance with this standard, the City has categorized its investments, based on the priority of the inputs to the valuation technique, into a three-level fair value hierarchy. The fair value hierarchy gives the highest priority to quoted prices in active markets for identical assets or liabilities (Level 1) and the lowest priority to unobservable inputs (Level 3). If the inputs used to measure the financial instruments fall within different levels of the hierarchy, the categorization is based on the lowest level input that is significant to the fair value measurement of the instrument. Financial assets and liabilities recorded on the combined statements of financial position are categorized based on the inputs to the valuation techniques as follows: • Level 1 – Financial assets and liabilities are valued using inputs that are unadjusted quoted prices in active markets accessible at the measurement date of identical financial assets and liabilities. • Level 2 – Financial assets and liabilities are valued based on quoted prices for similar assets, or inputs that are observable, either directly or indirectly for substantially the full term through corroboration with observable market data. • Level 3 – Financial assets and liabilities are valued using pricing inputs which are unobservable for the asset, inputs that reflect the reporting entity’s own assumptions about the assumptions market participants and would use in pricing the asset. Level 1 Level 2 Level 3 Total U.S. Agencies 42,970,826$ 15,767,470$ -$ 58,738,296$ Municipal Bonds - 23,352,381 - 23,352,381 Negotiable Certificates of Deposit - 2,383,041 - 2,383,041 42,970,826$ 41,502,892$ -$ 84,473,718 Investments measured at amortized cost 53,062,994 137,536,712$ 74 City of Eden Prairie, Minnesota Notes to Financial Statements Note 4—Capital Assets Capital asset activity for the year ended December 31, 2022 was as follows: 2022 Change in 2022 Beginning Accounting Ending Balance Principle Increases Decreases Transfers Balance GOVERNMENTAL ACTIVITIES Capital Assets, Not Depreciated/Amortized Land $22,167,497 $ - $70,979 $170,294 $- $22,068,182 Infrastructure 139,189,479 - 124,988 63,682 124,060 139,374,845 Work in Progress 2,361,968 - 3,717,973 - (670,707) 5,409,234 Total Capital Assets, Not Depreciated/Amortized 163,718,944 - 3,913,940 233,976 (546,647) 166,852,261 Capital Assets, Depreciated/Amortized Buildings 74,229,633 - - 16,870 - 74,212,763 Land Improvements 24,785,771 - 45,900 43,325 - 24,788,346 Leased Equipment - 64,501 52,395 - - 116,896 Leasehold Improvements 77,318 - - - - 77,318 Machinery and Equipment 4,616,227 57,579 546,577 231,887 162,062 5,150,558 Autos 13,288,376 - 173,133 209,254 34,169 13,286,424 Other Assets 10,560,346 - 180,390 47,662 350,416 11,043,490 Total Capital Assets, Depreciated/Amortized 127,557,671 122,080 998,395 548,998 546,647 128,675,795 Total Capital Assets, Cost 291,276,615 122,080 4,912,335 782,974 - 295,528,056 Less Accumulated Depreciation/Amortization for Buildings 27,046,559 - 2,269,016 16,870 - 29,298,705 Land Improvements 12,262,286 - 1,139,719 43,325 - 13,358,680 Leased Equipment - - 19,458 - - 19,458 Leasehold Improvements 76,562 - 293 - - 76,855 Machinery and Equipment 4,103,683 - 275,302 231,887 - 4,147,098 Autos 8,866,099 - 781,125 199,631 - 9,447,593 Other Assets 6,612,667 - 555,345 47,662 - 7,120,350 Total Accumulated Depreciation/Amortization 58,967,856 - 5,040,258 539,375 - 63,468,739 Total Capital Assets, Depreciated/Amortized, Net 68,589,815 122,080 (4,041,863) 9,623 546,647 65,207,056 Governmental Activities Capital Assets, Net $232,308,759 $122,080 $(127,923) $243,599 $- $232,059,317 75 City of Eden Prairie, Minnesota Notes to Financial Statements 2022 Change in 2022 Beginning Accounting Ending Balance Principle Increases Decreases Transfers Balance BUSINESS-TYPE ACTIVITIES Capital Assets, Not Depreciated/Amortized Land $1,065,566 $ - $- $7,611 $- $1,057,955 Work in Progress 55,043 - 348,362 - (55,045) 348,360 Total Capital Assets, Not Depreciated/Amortized 1,120,609 - 348,362 7,611 (55,045) 1,406,315 Capital Assets, Depreciated/Amortized Land Improvements 434,190 - - - - 434,190 Buildings 59,361,370 - - - - 59,361,370 Distribution System 211,215,410 - 349,745 1,048 55,045 211,619,152 Leased Buildings - 1,474,097 - - - 1,474,097 Leasehold Improvements 702,855 - - - - 702,855 Machinery and Equipment 6,170,782 - - - - 6,170,782 Autos 1,064,820 - - - - 1,064,820 Other Assets 1,071,425 - - - - 1,071,425 Total Capital Assets, Depreciated/Amortized 280,020,852 1,474,097 349,745 1,048 55,045 281,898,691 Total Capital Assets, Cost 281,141,461 1,474,097 698,107 8,659 - 283,305,006 Less Accumulated Depreciation/Amortization for Land Improvements 135,939 - 25,290 - - 161,229 Buildings 38,609,883 - 1,162,728 - - 39,772,611 Distribution System 122,801,506 - 4,269,298 1,048 - 127,069,756 Leased Buildings - - 194,808 - - 194,808 Leasehold Improvements 702,855 - - - - 702,855 Machinery and Equipment 3,156,314 - 243,160 - - 3,399,474 Autos 794,364 - 31,536 - - 825,900 Other Assets 41,907 - 66,143 - - 108,050 Total Accumulated Depreciation/Amortization 166,242,768 - 5,992,963 1,048 - 172,234,683 Total Capital Assets, Depreciated/Amortized, Net 113,778,084 1,474,097 (5,643,218) - 55,045 109,664,008 Business-Type Activities Capital Assets, Net $114,898,693 $1,474,097 $(5,294,856) $7,611 $- $111,070,323 76 City of Eden Prairie, Minnesota Notes to Financial Statements Depreciation/Amortization expense was charged to functions/programs of the City as follows: Note 5—Long Term Receivables Non-Current Lease Receivable The City, as lessor, leases certain real property to several communications companies to install cell towers, as well as tenants to operate retail businesses, provide education and day care services, and for a community solar garden under long-term, non-cancellable lease agreements. These leases expire in various future years with the latest expiration date in 2048. For the year ended 2022, the City received $110,938 in interest revenue and $622,272 in lease revenue per the terms of these contracts. In addition, the City received variable payments for common area maintenance and insurance expenses of $93,895 not included in the measurement of the lease receivable. Notes Receivable The City has entered into note agreements with Eden Prairie residents to either improve the quality of housing and/or to increase the availability of affordable housing. These note agreements are secured by a secured lien that is placed on the property. The Rehabilitation Assistance notes have a phased repayment plan. If the loan is within 11 years of the loan date, 100% of the principal amount is due. On the 11th anniversary of the loan origination date, 90% of the loan principle is due and declines 10% a year until it is forgiven after 20 years. The Home Buyer notes are interest free and are due either when the home sells or 30 years, whichever occurs first. Governmental Activities Administration $282,370 C ommunity Development 48,338 Police 166,386 Fire 399,990 Public Works 316,087 Parks and Recreation 2,814,156 Capital Assets Held by the Government's Internal Service Funds are Charged to the Various Functions Based on their Usage of the Assets 1,012,931 Total Depreciation/Amortization Expense $5,040,258 Business-Type Activities Water $2,948,104 W astewater 1,663,532 Stormwater 1,148,498 Liquor 232,829 Total DepreciationAmortization Expense $5,992,963 77 City of Eden Prairie, Minnesota Notes to Financial Statements The City has also entered into a note agreement with Climatech to help fund planned renovations through DEED’s Minnesota Investment Fund. The program required the City to apply for the grant on behalf of Climatech and act as a conduit between DEED and the business. If Climatech meets the job creation and wage commitments, $100,000 of the note principal will be forgiven. The remaining $270,000 will be repaid over 6 years at an interest rate of 2.0%. The City has entered into a $500,000 TIF note agreement with the developer Elevate for site improvement costs to redevelop the vacant Ruby Tuesdays and Anchor Bank. The new six-story building will include 222 apartment units over approximately 13,000 square feet of retail and restaurants. The note will bear simple interest at the rate of 1% per annum. The interest and principal shall be paid on the earlier of (a) the end of the term of the HUD Mortgage (40 years) or (b) a sale, refinancing or exchange of the Project by the Developer, at which time all principal plus accrued interest shall be paid in a lump sum. Receivables as of 12/31/22 in the aggregate, including the applicable allowances for uncollectible accounts, are as follows: Note 6—Interfund Receivables and Payables The composition of due to/from balances as of December 31, 2022, is as follows: The funds will be repaid as special assessment revenue, taxes, grants and other future City planned funding as identified in the City’s Capital Improvement Plan are received. Notes Project Receivable Home Buyer Assistance Program 174,064$ Rehabilitation Assistance Program 589,273 Climatech DEED 5,686 Elevate 500,000 Gross Receivables 1,269,023 Less: allowance for uncollectibles (190,834) Net Total Notes Receivable 1,078,189$ Due From Due To Other Funds Other Funds Capital Improvement Maintenance 1,079,683$ -$ Public Improvement Construction - 173,802 Eden Prairie Rd Connect to Flying Cloud - 905,881 Non-Major Governmental Funds 67,041 67,041 Total 1,146,724$ 1,146,724$ 78 City of Eden Prairie, Minnesota Notes to Financial Statements Interfund payables and receivables are representative of lending/borrowing arrangements to cover deficit cash balances. Note 7—Interfund Transfers The composition of interfund transfers as of December 31, 2022, is as follows: Note 8—Pension Plan Defined Benefit Pension Plans The Health & Benefits and Enterprise Funds typically liquidate the liability related to the pensions. Plan Description The City participates in the following cost-sharing multiple-employer defined benefit pension plans administered by the Public Employees Retirement Association of Minnesota (PERA). PERA’s defined benefit pension plans are established and administered in accordance with Minnesota Statutes, Chapters 353 and 356. PERA’s defined benefit pension plans are tax qualified plans under Section 401(a) of the Internal Revenue Code. Transfers In Transfers Out Amount Purpose General Water 221,012$ Annual budgeted transfer Wastewater 154,708 Annual budgeted transfer Stormwater 66,304 Annual budgeted transfer Non-Major Governmental Funds 2,300 Assist with park program Capital Improvement Maintenance General 1,000,000 Positive performance Liquor Fund 800,000 Positive performance Non-Major Governmental Funds 173,134 Assist with capital improvements Public Improvement Construction Capital Improvement Maintenance 31,308 Assist with capital improvements Water 25,339 Assist with capital improvements Non-Major Governmental Funds 173,591 Assist with capital improvements Eden Prairie Road Connect Water 216,250 Assist with capital improvements Wastewater 324,375 Assist with capital improvements Stormwater 231,274 Assist with capital improvements General LRT Non-Major Governmental Funds 150,610 Assist with capital improvements Non-Major Governmental Funds General 20,000 Assist with Organized Athletics Capital Improvement Maintenance 400,000 Assist with capital improvements Stormwater 2,300,000 Assist with capital improvements Total of transfers 6,290,205$ 79 City of Eden Prairie, Minnesota Notes to Financial Statements General Employees Retirement Plan All full-time and certain part-time employees of the City of Eden Prairie are covered by the General Employees Plan. General Employees Plan members belong to the Coordinated Plan. Coordinated Plan members are covered by Social Security. Public Employees Police and Fire Plan The Police and Fire Plan, originally established for police officers and firefighters not covered by a local relief association, now covers all police officers and firefighters hired since 1980. Effective July 1, 1999, the Police and Fire Plan also covers police officers and firefighters belonging to local relief associations that elected to merge with and transfer assets and administration to PERA. Benefits Provided PERA provides retirement, disability, and death benefits. Benefit provisions are established by state statute and can only be modified by the state Legislature. Vested, terminated employees who are entitled to benefits, but are not receiving them yet, are bound by the provisions in effect at the time they last terminated their public service. General Employees Plan Benefits General Employees Plan benefits are based on a member’s highest average salary for any five successive years of allowable service, age, and years of credit at termination of service. Two methods are used to compute benefits for PERA's Coordinated Plan members. Members hired prior to July 1, 1989, receive the higher of Method 1 or Method 2 formulas. Only Method 2 is used for members hired after June 30, 1989. Under Method 1, the accrual rate for Coordinated members is 1.2 percent for each of the first 10 years of service and 1.7 percent for each additional year. Under Method 2, the accrual rate for Coordinated members is 1.7 percent for all years of service. For members hired prior to July 1, 1989 a full annuity is available when age plus years of service equal 90 and normal retirement age is 65. For members hired on or after July 1, 1989, normal retirement age is the age for unreduced Social Security benefits capped at 66. Benefit increases are provided to benefit recipients each January. The postretirement increase is equal to 50 percent of the cost-of-living adjustment (COLA) announced by the SSA, with a minimum increase of at least 1 percent and a maximum of 1.5 percent. Recipients that have been receiving the annuity or benefit for at least a full year as of the June 30 before the effective date of the increase will receive the full increase. Recipients receiving the annuity or benefit for at least one month but less than a full year as of the June 30 before the effective date of the increase will receive a reduced prorated increase. For members retiring on January 1, 2024, or later, the increase will be delayed until normal retirement age (age 65 if hired prior to July 1, 1989, or age 66 for individuals hired on or after July 1, 1989). Members retiring under Rule of 90 are exempt from the delay to normal retirement. Police and Fire Plan Benefits Benefits for Police and Fire Plan members first hired after June 30, 2010, but before July 1, 2014, vest on a prorated basis from 50 percent after five years up to 100 percent after ten years of 80 City of Eden Prairie, Minnesota Notes to Financial Statements credited service. Benefits for Police and Fire Plan members first hired after June 30, 2014, vest on a prorated basis from 50 percent after ten years up to 100 percent after twenty years of credited service. The annuity accrual rate is 3 percent of average salary for each year of service. For Police and Fire Plan members who were first hired prior to July 1, 1989, a full annuity is available when age plus years of service equal at least 90. Benefit increases are provided to benefit recipients each January. The postretirement increase is fixed at 1 percent. Recipients that have been receiving the annuity or benefit for at least 36 months as of the June 30 before the effective date of the increase will receive the full increase. Recipients receiving the annuity or benefit for at least 25 months but less than 36 months as of the June 30 before the effective date of the increase will receive a reduced prorated increase. Contributions Minnesota Statutes Chapter 353 sets the rates for employer and employee contributions. Contribution rates can only be modified by the state Legislature. General Employees Plan Contributions Coordinated Plan members were required to contribute 6.50 percent of their annual covered salary in fiscal year 2022 and the City was required to contribute 7.50 percent for Coordinated Plan members. The City’s contributions to the General Employees Fund for the year ended December 31, 2022, were $1,399,316. The City’s contributions were equal to the required contributions as set by state statute. Police and Fire Fund Contributions Police and Fire Plan members were required to contribute 11.80 percent of their annual covered salary in fiscal year 2022 and the City was required to contribute 17.70 percent for Police and Fire Plan members. The City’s contributions to the Police and Fire Fund for the year ended December 31, 2022, were $1,596,141. The City’s contributions were equal to the required contributions as set by state statute. Pension Costs General Employees Fund Pension Costs At December 31, 2022, the City reported a liability of $19,309,040 for its proportionate share of the General Employees Fund’s net pension liability. The City’s net pension liability reflected a reduction due to the State of Minnesota’s contribution of $16 million. The State of Minnesota is considered a non-employer contributing entity and the state’s contribution meets the definition of a special funding situation. The State of Minnesota’s proportionate share of the net pension liability associated with the City totaled $565,976. The net pension liability was measured as of June 30, 2022, and the total pension liability used to calculate the net pension liability was determined by an actuarial valuation as of that date. The 81 City of Eden Prairie, Minnesota Notes to Financial Statements City’s proportionate share of the net pension liability was based on the City’s contributions received by PERA during the measurement period for employer payroll paid dates from July 1, 2021 through June 30, 2022, relative to the total employer contributions received from all of PERA’s participating employers. The City’s proportionate share was 0.2438 percent at the end of the measurement period and 0.2450 percent for the beginning of the period. For the year ended December 31, 2022, the City recognized pension expense of $2,659,766 for its proportionate share of the General Employees Plan’s pension expense. In addition, the City recognized an additional $84,570 as pension expense (and grant revenue) for its proportionate share of the State of Minnesota’s contribution of $16 million to the General Employees Fund. At December 31, 2022, the City reported its proportionate share of the General Employees Plan’s deferred outflows of resources and deferred inflows of resources related to pensions from the following sources: The $699,658 reported as deferred outflows of resources related to pensions resulting from the City’s contributions subsequent to the measurement date will be recognized as a reduction of the net pension liability in the year ended December 31, 2023. Other amounts reported as deferred outflows and deferred inflows of resources related to pensions will be recognized in pension expense as follows: 82 City of Eden Prairie, Minnesota Notes to Financial Statements Police and Fire Plan Pension Costs At December 31, 2022, the City reported a liability of $31,527,313 for its proportionate share of the Police and Fire Fund’s net pension liability. The net pension liability was measured as of June 30, 2022, and the total pension liability used to calculate the net pension liability was determined by an actuarial valuation as of that date. The City’s proportionate share of the net pension liability was based on the City’s contributions received by PERA during the measurement period for employer payroll paid dates from July 1, 2021 through June 30, 2022, relative to the total employer contributions received from all of PERA’s participating employers. At June 30, 2022, The City’s proportionate share was 0.7260 percent at the end of the measurement period and 0.6933 percent for the beginning of the period. The State of Minnesota contributed $18 million to the Police and Fire Fund in the plan fiscal year ended June 30, 2022. The contribution consisted of $9 million in direct state aid that does meet the definition of a special funding situation and $9 million in supplemental state aid that does not meet the definition of a special funding situation. The $9 million direct state was paid on October 1, 2021. Thereafter, by October 1 of each year, the state will pay $9 million to the Police and Fire Fund until full funding is reached or July 1, 2048, whichever is earlier. The $9 million in supplemental state aid will continue until the fund is 90 percent funded, or until the State Patrol Plan (administered by the Minnesota State Retirement System) is 90 percent funded, whichever occurs later. The State of Minnesota is included as a non-employer contributing entity in the Police and Fire Retirement Plan Schedule of Employer Allocations and Schedule of Pension Amounts by Employer, Current Reporting Period Only (pension allocation schedules) for the $9 million in direct state aid. Police and Fire Plan employers need to recognize their proportionate share of the State of Minnesota’s pension expense (and grant revenue) under GASB 68 special funding situation accounting and financial reporting requirements. For the year ended June 30, 2022, the City recognized pension expense of $2,476,862 for its proportionate share of the Police and Fire Plan’s pension expense. The City recognized $267,706 as grant revenue for its proportionate share of the State of Minnesota’s pension expense for the contribution of $9 million to the Police and Fire Fund. The State of Minnesota is not included as a non-employer contributing entity in the Police and Fire Pension Plan pension allocation schedules for the $9 million in supplemental state aid. The City recognized $65,339 for the year ended December 31, 2022 as revenue and an offsetting reduction of net pension liability for its proportionate share of the State of Minnesota’s on-behalf contributions to the Police and Fire Fund. 83 City of Eden Prairie, Minnesota Notes to Financial Statements At December 31, 2022, the City reported its proportionate share of the Police and Fire Plan’s deferred outflows of resources and deferred inflows of resources related to pensions from the following sources: The $798,070 reported as deferred outflows of resources related to pensions resulting from the City’s contributions subsequent to the measurement date will be recognized as a reduction of the net pension liability in the year ended December 31, 2023. Other amounts reported as deferred outflows and inflows of resources related to pensions will be recognized in pension expense as follows: Long-Term Expected Return on Investment The State Board of Investment, which manages the investments of PERA, prepares an analysis of the reasonableness on a regular basis of the long-term expected rate of return using a building-block method in which best-estimate ranges of expected future rates of return are developed for each major asset class. These ranges are combined to produce an expected long-term rate of return by weighting the expected future rates of return by the target asset allocation percentages. The target allocation and best estimates of geometric real rates of return for each major asset class are summarized in the following table: Asset Class Target Allocation Long-Term Expected Real Rate of Return Domestic Equity 33.5% 5.10% International Equity 16.5% 5.30% Fixed Income 25.0% 0.75% Private Markets 25.0% 5.90% Total 100% 84 City of Eden Prairie, Minnesota Notes to Financial Statements Actuarial Methods and Assumptions The total pension liability in the June 30, 2022, actuarial valuation was determined using an individual entry-age normal actuarial cost method. The long-term rate of return on pension plan investments used in the determination of the total liability is 6.5 percent. This assumption is based on a review of inflation and investments return assumptions from a number of national investment consulting firms. The review provided a range of return investment return rates deemed to be reasonable by the actuary. An investment return of 6.5 percent was deemed to be within that range of reasonableness for financial reporting purposes. Inflation is assumed to be 2.25 percent for the General Employees Plan and 2.25 percent for the Police and Fire Plan. Benefit increases after retirement are assumed to be 1.25 percent for the General Employees Plan. The Police and Fire Plan benefit increase is fixed at 1 percent per year and that increase was used in the valuation. Salary growth assumptions in the General Employees Plan range in annual increments from 10.25 percent after one year of service to 3.0 percent after 27 years of service. In the Police and Fire Plan, salary growth assumptions range from 11.75 percent after one year of service to 3.0 percent after 24 years of service. Mortality rates for the General Employees Plan are based on the Pub-2010 General Employee Mortality Table. Mortality rates for the Police and Fire Plan are based on the Pub-2010 Public Safety Employee Mortality tables. The tables are adjusted slightly to fit PERA’s experience. Actuarial assumptions for the General Employees Plan are reviewed every four years. The most recent four-year experience study for the General Employees Plan was completed in 2019. The assumption changes were adopted by the Board and became effective with the July 1, 2020 actuarial valuation. The most recent four-year experience studies for the Police and Fire and the Correctional Plan were completed in 2020 were adopted by the Board and became effective with the July 1, 2021 actuarial valuation. The following changes in actuarial assumptions and plan provisions occurred in 2022: General Employees Fund Changes in Actuarial Assumptions: • The mortality improvement scale was changed from Scale MP-2020 to Scale MP-2021. Changes in Plan Provisions: • There were no changes in plan provisions since the previous valuation. 85 City of Eden Prairie, Minnesota Notes to Financial Statements Police and Fire Fund Changes in Actuarial Assumptions: • The mortality improvement scale was changed from Scale MP-2020 to Scale MP-2021. • The single discount rate changed from 6.50% to 5.40%. Changes in Plan Provisions: • There were no changes in plan provisions since the previous valuation. Discount Rate The discount rate for the General Employees Plan used to measure the total pension liability in 2022 was 6.5 percent. The projection of cash flows used to determine the discount rate assumed that contributions from plan members and employers will be made at rates set in Minnesota Statutes. Based on these assumptions, the fiduciary net position of the General Employees Fund was projected to be available to make all projected future benefit payments of current plan members. Therefore, the long-term expected rate of return on pension plan investments was applied to all periods of projected benefit payments to determine the total pension liability. In the Police and Fire Fund, the fiduciary net position was projected to be available to make all projected future benefit payments of current plan members through June 30, 2060. Beginning in fiscal year ended June 30, 2061, projected benefit payments exceed the funds' projected fiduciary net position. Benefit payments projected after were discounted at the municipal bond rate of 3.69 percent (based on the weekly rate closest to but not later than the measurement date of the Fidelity "20-Year Municipal GO AA Index"). The resulting equivalent single discount rate of 5.40 percent was determined to give approximately the same present value of projected benefits when applied to all years of projected benefits as the present value of projected benefits using 6.5 percent applied to all years of projected benefits through the point of asset depletion and 3.69 percent thereafter. Pension Liability Sensitivity The following presents the City’s proportionate share of the net pension liability for all plans it participates in, calculated using the discount rate disclosed in the preceding paragraph, as well as what the City’s proportionate share of the net pension liability would be if it were calculated using a discount rate one percentage point lower or one percentage point higher than the current discount rate: 86 City of Eden Prairie, Minnesota Notes to Financial Statements Pension Plan Fiduciary Net Position Detailed information about each pension plan’s fiduciary net position is available in a separately issued PERA financial report that includes financial statements and required supplementary information. That report may be obtained on the Internet at www.mnpera.org. Public Employees Defined Contribution Plan Five council members are covered by the Defined Contribution Plan, a multiple-employer deferred compensation plan administered by PERA. The Defined Contribution Plan is a tax qualified plan under Section 401(a) of the Internal Revenue Code and all contributions by or on behalf of employees are tax deferred until time of withdrawal. Plan benefits depend solely on amounts contributed to the plan plus investment earnings, less administrative expenses; therefore, there is no future liability to the City. Minnesota Statutes, Chapter 353D.03, specifies plan provisions, including the employee and employer contribution rates for those qualified personnel who elect to participate. An eligible elected official who decides to participate contributes five percent of salary which is matched by the elected official's employer. For salaried employees contributions must be a fixed percentage of salary. Employees who are paid for their services may elect to make member contributions in an amount not to exceed the employer share. Employer and employee contributions are combined and used to purchase shares in one or more of the seven accounts of the Minnesota Supplemental Investment Fund. For administering the plan, PERA receives two percent of employer contributions and twenty-five hundredths of one percent (0.25 percent) of the assets in each member's account annually. Pension expense for the year is equal to the contributions made. Total contributions made by the City during fiscal year 2022 were: Defined Benefit Pension Plans – Volunteer Fire Fighter’s Relief Association Plan Description Firefighters of the City of Eden Prairie are members of the Eden Prairie Firefighter Relief Association. The Association is the administrator of the single-employer defined benefit pension 87 City of Eden Prairie, Minnesota Notes to Financial Statements plan available to firefighters. The plan was established in 1968 and operates under the provisions of Minnesota Statutes Chapter 69, Chapter 424A, and the Association’s by-laws. As of December 31, 2021, membership includes 94 active participants, 104 retirees and beneficiaries currently receiving benefits, and 18 terminated employees entitled to but not yet receiving benefits. The plan issues a stand-alone financial statement. Benefits Provided Authority for payment of pension benefits is established in Minnesota Statutes §69.77 and may be amended only by the Minnesota State Legislature. Each member who is at least 50 years of age, has separated from active service with the Eden Prairie Fire Department, has served at least 10 years of active service with such department before retirement, and has been a member of the Association in good standing for at least 10 years prior to such retirement, shall be entitled to receive a service pension based on the vested amount of service time accrued. Full vesting occurs at 10 years of service, with no provision for partial vesting. Upon retirement, an irrevocable election for one of the following two plan options must be made. • Monthly Service Pension – Each eligible member electing this plan is entitled to receive a monthly service pension calculated by multiplying $56 times each year that member has been an active firefighter in the Fire Department and member in good standing of the Relief Association, up to a maximum monthly pension of $1,792. • Lump Sum Service Pension – each eligible member electing this plan is entitled to receive a one-time lump sum service pension equivalent to the base sum amount of $12,400 multiplied by the total number of years of active service. A member of the Association who has completed 10 or more years of active service with the Fire Department and has been an active member in the Association for at least 10 years, but has not reached age 50, shall have the right to retire from the Fire Department without forfeiting the right to a service pension. The member shall be entitled to a deferred service pension, and upon attaining the age of 50, the Association shall, upon application thereof, pay the member’s pension from the date the application is approved. A member, who is disabled with a fire service related disability, shall be eligible to collect a disability benefit. The member shall be eligible to receive the disability benefit immediately upon approval of the Board of Trustees. The disability benefit amount shall be equal to the service pension amount in effect on the date of the disability for each year of active service. A member must apply for and meet all the requirements for disability as defined in the bylaws in order to receive such benefits. A member currently receiving a disability benefit shall receive all approved increases in the monthly service pension applicable to that member’s number of years of active firefighting service. In the event of the death of an active or deferred member of the Association, the surviving spouse, if any, shall be paid 100% of the lump sum benefit for each year of service. If such member who 88 City of Eden Prairie, Minnesota Notes to Financial Statements has no surviving spouse leaves a surviving child or children, such child or children as a group shall be paid 100% of the lump sum benefit for each year of active service. If such member has no spouse and no surviving children but has a designated beneficiary on file, such beneficiary shall be paid 100% of the lump sum benefit for each year of active service. If such member has no spouse, no surviving children, and no designated beneficiary, the member’s estate shall be paid 100% of the lump sum benefit. Such death benefits are payable without regard to minimum or partial vesting requirements. If an active member dies before completing one year of active service, the Association shall pay a death benefit to his or her surviving spouse, surviving children or designated beneficiary on file in the same order and procedure as describe above of $10,000. In the event of the death of a retired member of the Association, the surviving spouse, if any, shall be paid until death or remarriage of the surviving spouse, monthly, two-thirds of the monthly service pension for each year of active service. If such member leave a surviving child or children in the addition to a spouse, such child or children, in the aggregate, shall be paid, monthly, the sum of one-third of the monthly service pension. If such member is survived only by a child or children, such child or children, in the aggregate, shall be paid, monthly, the sum of 100% of the monthly service pension for each year of active service. Minnesota Statutes Section 424A.10 provides for the payment of a supplemental benefit equal to 10% of a regular lump sum distribution up to a maximum of $1,000. The supplemental benefit is in lieu of state income tax exclusion for lump sum distributions and will no longer be available if state tax law is modified to exclude lump sum distributions from state income tax. The Association qualifies for these benefits. Contributions Minnesota Statues Chapter 424A.093 specifies minimum support rates required on an annual basis. The significant actuarial assumptions used to compute the municipal support are the same as those used to compute the accrued pension liability. The minimum contribution from the City of Eden Prairie and state aid is determined as follows: The Plan is funded in part by fire state aid and, if necessary, City contributions. The State of Minnesota distributed to the City $542,833 in fire state aid and $4,000 of supplemental benefit paid by the City to the Relief Association for the year ended December 31, 2022. Required employer contributions are calculated annually based on statutory provisions. The City’s statutorily required contribution to the plan for the year ended December 31, 2022 was $2,320. Pension Costs 89 City of Eden Prairie, Minnesota Notes to Financial Statements At December 31, 2022, the City reported $5,780,395 for the Association’s net pension asset. The net pension asset was measured as of December 31, 2021, and the total pension asset used to calculate the net pension asset was determined by an actuarial valuation as of January 1, 2022. As a result of its requirement to contribute to the Relief Association, the City recognized fire expense of ($1,357,234) for the year ended December 31, 2022. At December 31, 2022, the City reported deferred outflows of resources and deferred inflows of resources from the following sources: The City contributions to the Association subsequent to the measurement date of $545,153, reported as deferred outflows of resources, will be recognized as an addition of the net pension asset in the year ended December 31, 2023. Other amounts reported as deferred outflows and inflows of resources related to the Association’s pension will be recognized in pension expense as follows: Actuarial Assumptions The actuarial total pension liability was determined as of December 31, 2021, using the following actuarial assumptions, applied to all periods included in the measurement: Valuation Date 1/1/22 Actuarial Cost Method Entry Age Normal Amortization Method Level Dollar Closed Actuarial Assumptions: Discount Rate 5.50% Investment Rate of Return 5.50% 20-Year Municipal Bond Yield 3.50% 90 City of Eden Prairie, Minnesota Notes to Financial Statements The long-term expected rate of return on pension plan investments was determined using a building-block method in which best-estimates of expected future real rates of return (expected returns, net of pension plan investment expense and inflation) are developed for each major asset class. These asset class estimates are combined to produce the portfolio long-term expected rate of return by weighting the expected future real rates of return by weighting the expected future real rates of return by the current asset allocation percentage (or target allocation, if available) and by adding expected inflation. Best estimates of geometric real and nominal rates of return for each major asset class included in the pension plan's asset allocation are summarized in the following table: Discount Rate The discount rate used to measure the total pension liability was 5.5%. Assets were projected using expected benefit payments and expected asset returns. Expected benefit payments by year were discounted using the expected assets return assumption for years in which the assets were sufficient to pay all benefit payments. Any remaining benefit payments after the trust fund is exhausted are discounted at the municipal bond rate of return. The equivalent single rate is the discount rate. Based on those assumptions, the pension plan's fiduciary net position was projected to be available to make all projected future benefit payments of current plan members. Age of Service Retirement Later of Age 50 or 10 years of service Mortality Assumed life expectancies were based on the RP-2014 Generational mortality table projected with Improvement Scale MP-2021 Disability Rate as a percent by age: Age 20: 0.08% Age 30: 0.08% Age 40: 0.20% Age 50: 0.49% Age 55: 0.89% 25% of active disabilities are assumed to be in the line of duty or fire-service related. Withdrawal Service 0-4 years: 7% Service 5-9 years: 5% Service 10+ years: 10% Percent Married 85% Age Difference 3 Years Form of Payment 50% Annuity (J&S if married), 50% Lump Sum 91 City of Eden Prairie, Minnesota Notes to Financial Statements Pension Liability Sensitivity The following presents the City of Eden Prairies proportionate share of the net pension liability of the Association, calculated using the discount rate of 5.50%, as well as what the Association’s net pension liability would be if it were calculated using a discount rate that is one percentage point lower (4.50%) or one percentage point higher (6.50%) than the current rate: Plan’s Fiduciary Net Position Detailed information about the Plan’s fiduciary’s net position is available in a separately-issued report. That report may be obtained by writing to Eden Prairie Firefighter’s Association, 14800 Scenic Heights Rd., Eden Prairie, MN 55344 or by calling (952)949-8367. Information about the changes in the Plan’s net pension liability (asset) is as follows: 92 City of Eden Prairie, Minnesota Notes to Financial Statements Note 9—Other Post-Employment Benefits Plan Plan Description The City's single-employer defined benefit OPEB plan provides OPEB for all permanent full-time employees of the City. The City’s OPEB Plan is administered by the City. The City does not administer a trust and therefore does not issue a separate report. Benefits Provided All retirees of the City have the option under state law to continue their medical insurance coverage through the City from the time of retirement until the employee reaches the age of eligibility for Medicare. For members of all employee groups, the retiree must pay the full premium to continue coverage for medical and dental insurance. The City is legally required to include any retirees for whom it provides health insurance coverage in the same insurance pool as its active employees, whether the premiums are paid by the City or the retiree. Consequently, participating retirees are considered to receive a secondary benefit known as an “implicit rate subsidy.” This benefit relates to the assumption that the retiree is receiving a more favorable premium rate than they would otherwise be able to obtain if purchasing insurance on their own, due to being included in the same pool with the City’s younger and statistically healthier active employees. Employees Covered by Benefit Terms At January 1, 2022, membership included 18 retirees and others currently receiving benefits, 5 spouses receiving payments and 273 active plan members. Contributions All post-employment benefits are based on contractual agreements with employee groups. These contractual agreements do not include any specific contribution or funding requirements. Total OPEB Liability The City's total OPEB liability was measured as of January 1, 2022, and was determined by an actuarial valuation as of that date. The Health & Benefits and Enterprise Funds typically liquidate the liability related to OPEB. 93 City of Eden Prairie, Minnesota Notes to Financial Statements Actuarial Assumptions The total OPEB liability in the January 1, 2022, actuarial valuation was determined using the following actuarial assumptions, applied to all periods included in the measurement, unless otherwise specified: Inflation 2.0% Salary Increases Service graded table Healthcare cost trend rates 6.5% as of January 1, 2022 grading to 5.00% over 5 years and then to 4.00% over the next 48 years Mortality rates were based on the Pub-2010 Public Retirement Plans Headcount-Weighted Mortality Tables (General, Safety) with MP-2021 Generational Improvement Scale. Discount Rate The discount rate used to measure the total OPEB liability was 2.0%. Since the plan is not funded by a trust, the discount rate is equal to the 20-year Municipal Bond Yield. Changes in the Total OPEB Liability Sensitivity of the Total OPEB Liability to Changes in the Discount Rate The following presents the total OPEB liability of the City, as well as what the City's total OPEB liability would be if it were calculated using a discount rate that is 1% point lower (1.0%) or 1% point higher (3.0%) than the current discount rate: 94 City of Eden Prairie, Minnesota Notes to Financial Statements Sensitivity of the Total OPEB Liability to Changes in the Healthcare Cost Trend Rates The following presents the total OPEB liability of the City, as well as what the City's total OPEB liability would be if it were calculated using healthcare cost trend rates that are 1% point lower (5.5% decreasing to 4%) or 1% point higher (7.5% decreasing to 6%) than the current healthcare cost trend rates: OPEB Expense and Deferred Outflows of Resources and Deferred Inflows of Resources Related to OPEB For the year ended December 31, 2022, the City recognized OPEB expense of $285,322. At December 31, 2022, the City reported deferred outflows and inflows of resources related to OPEB from the following sources: The City’s contributions subsequent to the measurement date of $189,099, reported as deferred outflows of resources, will be recognized as a reduction of the total OPEB liability in the City’s fiscal year ended December 31, 2023. Other amounts reported as deferred inflows of resources related to OPEB will be recognized in OPEB expense as follows: 95 City of Eden Prairie, Minnesota Notes to Financial Statements Note 10—Long Term Debt Bonds The City issues general obligation bonds to provide funds for the acquisition and construction of major capital facilities. General obligation bonds have been issued for both governmental and business-type activities. General obligation bonds are direct obligations and pledge the full faith and credit of the City. The City also issues assessment debt with governmental commitment to provide funds for the construction of streets and utilities. These bonds will be repaid from amounts levied against the property owners benefited by this construction. In the event that a deficiency exists because of unpaid or delinquent assessments at the time a debt service payment is due, the City must provide resources to cover the deficiency until other resources are received. Assessment debt with governmental commitment has been issued for governmental activities. The City also issues tax abatement bonds. These bonds and interest thereon are payable from abatements collected from certain property in the City. If abatement revenues are insufficient to meet principal and interest due, the City is required to levy ad valorem taxes without limit as to rate or amount on all taxable property in the City to make up the deficiency. 96 City of Eden Prairie, Minnesota Notes to Financial Statements Bonds currently outstanding (in thousands of dollars) are as follows: 2022 Due Issue Interest Original Amount Within Date Rates Issue Maturities Outstanding One Year Governmental Activity Long-term Liabilities General Obligation Bonds G.O. Refunding Bonds 2020A 10/28/20 0.85% 6,081$ 2025 3,673$ 1,218$ Assess Debt With Govt Commit G.O. Bonds of 2016A 12/29/16 2.30-3.00% 2,360 2032 1,275 230 G.O. Refunding Bonds 2020A 10/28/20 0.85% 1,336 2025 812 268 Tax Abatement Bonds G.O. Tax Abatement Bonds 2021A 12/08/21 2.00-4.00% 11,940 2035 11,940 755 Total Governmental Activity 17,700 2,471 Unamortized Bond Premiums 1,252 Other Long-term Liabilities Finance Purchases Turn out gear 01/12/22 2.32% 381 2027 381 73 Tasers 01/01/20 3.25% 95 2024 37 19 Total Finance Purchases 418 92 Lease Liability 99 23 Compensated Absences 2,377 1,145 Total Long-term Liabilities 21,846$ 3,731$ Business Type Activitiy Long-term Liabilities G.O. Bonds of 2016A 12/29/16 2.30-3.00% 1,580 2027 850 160 G.O. Water Bonds 2019A 12/05/19 2.00-3.00% 4,920 2039 4,345 205 G.O. Water Bonds 2021A 12/08/21 2.00-4.00% 5,420 2037 5,420 255 Total Business Type Activity 11,920 10,615 620 Unamortized Bond Premiums 657 Other Long-term Liabilities Finance Purchases Lease Liability 1,314 163 Compensated Absences 381 183 Total Long-term Liabilities 12,967$ 966$ 97 City of Eden Prairie, Minnesota Notes to Financial Statements Annual debt service requirements to maturity for governmental and business-type activity bonds (in thousands of dollars) are as follows: Years Ending 12/31 Principal Interest Principal Interest Principal Interest 2023 1,218$ 31$ 498$ 38$ 755$ 378$ 2024 1,216 21 498 29 830 347 2025 1,239 11 376 22 720 316 2026 - - 105 17 755 286 2027 - - 105 14 775 256 2028 - - 105 12 800 224 2029 - - 100 9 1,135 185 2030 - - 100 7 955 144 2031 - - 100 4 995 110 2032 - - 100 1 1,025 79 2033 - - - - 1,050 53 2034 - - - - 1,060 32 2035 - - - - 1,085 11 Total 3,673$ 63$ 2,087$ 153$ 11,940$ 2,421$ Governmental Assessment Debt with Govt Commitment G.O.Bonds Improv Bonds Tax Abatement Bonds 98 City of Eden Prairie, Minnesota Notes to Financial Statements Finance Purchases From Direct Borrowing In January 2022, the City entered into a financing agreement for the purchase of turn out gear for the Fire department. Payment terms have an interest rate of 2.32% and mature in January 2027. Upon payment in full of the scheduled debt payments, the lessor’s interest in the equipment is transferred to the City, free and clear of any right or interest of the lessor. The General Fund will be used to liquidate this liability. In 2020, the City entered into a financing agreement for the purchase of tasers for the Police department. Payment terms have an interest rate of 3.25% and mature in 2025. Upon payment in full of the scheduled debt payments, the lessor’s interest in the equipment is transferred to the City, free and clear of any right or interest of the lessor. The General Fund will be used to liquidate this liability. Lease Liabilities The City, as lessee, entered into long-term, non-cancellable lease agreements for copy machines and building space for its municipal liquor stores. The copy machine leases are a five-year term with the latest expiration in 2027. The liquor building leases are a ten-year term with the latest expiration in 2030. The interest and discount rate for leases ranges from 3.25% to 3.5%. Variable payments of $204,823 were made during 2022 for copy machine maintenance and common area maintenance at municipal liquor stores. These variable payments are not included in the lease liability. Years Ending 12/31 Principal Interest Principal Interest Principal Interest Principal Interest 2023 92$ 10$ 23$ 3$ 163$ 40$ 620$ 294$ 2024 92 8 24 2 180 35 665 272 2025 76 5 24 1 188 29 685 249 2026 78 4 23 1 206 22 710 226 2027 80 2 5 1 216 15 735 202 2028 - - - - 207 8 575 180 2029 - - - - 122 3 595 159 2030 - - - - 32 1 615 137 2031 - - - - - - 640 117 2032 - - - - - - 660 100 2033 - - - - - - 675 84 2034 - - - - - - 685 70 2035 - - - - - - 700 56 2036 - - - - - - 715 41 2037 - - - - - - 735 26 2038 - - - - - - 300 15 2039 - - - - - - 305 7 Total 418$ 29$ 99$ 8$ 1,314$ 153$ 10,615$ 2,235$ Revenue Bonds Governmental Business Type Finance Purchases Lease LiabilityLease Liability 99 City of Eden Prairie, Minnesota Notes to Financial Statements The total of the City’s leased assets and accumulated amortization are $1,590,993 and $214,266, respectively, and may be found in Note 4. Changes in Long Term Debt Long-term debt activity for the year ended December 31, 2022, (in thousands of dollars) was as follows: * The remeasurement adjustment was for new lease standard requirements in the current year. For the governmental activities, the finance purchases payable are generally paid with unassigned fund balances within the General fund. There are a number of limitations and restrictions contained in the various bond indentures. The City is in compliance with all significant limitations and restrictions. Call provisions are applicable to certain general obligation and special assessment bond issues. On December 8, 2021, the City issued $17,360,000 of G.O. Water Revenue and Refunding Bonds, Series 2021A. The bonds bear interest at a rate of 2%-4%, and with a maturity in 2035 and 2037. Of the proceeds, $5,420,000 will be used for the meter change out program and $11,940,000 provided refunding for the G.O. Tax Abatement Bonds 2014A. The 2014A bonds will be refunded in 2022. Future debt service payments will be reduced by $1,937,268 with a net present value benefit of $1,775,629. Change in Beginning Accounting Ending Balance Principle Additions Reductions Balance Governmental Activity G.O. Bonds 4,891$ -$ -$ 1,218$ 3,673$ Assess. Debt With Govt Commit Improvement Bonds 2,575 - - 488 2,087$ Tax Abatement Bonds 26,030 - - 14,090 11,940$ Issuance Premium/Discount 1,655 - - 403 1,252$ Total Bonds 35,151 - - 16,199 18,952 Lease Liability - 65 52 18 99$ Compensated Absences 2,393 - 2,111 2,127 2,377$ Finance Purchases - 57 380 19 418$ Total 37,544$ 122$ 2,543$ 18,363$ 21,846$ Business Type Activity Revenue Bonds 10,965$ -$ -$ 350$ 10,615$ Issuance Premium/Discount 710 - - 53 657$ Total Bonds 11,675 - - 403 11,272 Lease Liability - 1,474 - 160 1,314$ Compensated Absences 397 - 360 376 381$ Total 12,072$ 1,474$ 360$ 939$ 12,967$ 100 City of Eden Prairie, Minnesota Notes to Financial Statements Note 11—Risk Financing and Related Insurance Issues The City is exposed to various risk of loss related to torts; thefts of, damage to and destruction of assets; errors and omissions; injuries to employees; and natural disasters. In order to protect against these risks of loss, the City purchases commercial insurance through the League of Minnesota Cities Insurance Trust, a public entity risk pool, for property insurance and workers compensation. This pool currently operates as a common risk management and insurance program for municipal entities. The City pays an annual premium to the League for its insurance coverage. The League of Minnesota Cities Insurance Trust is self-sustaining through commercial companies for excess claims. The City is covered through the pool for any claims incurred but unreported, however, retains risk for the deductible portion of its insurance policies. The amount of these deductibles is considered immaterial to the financial statements. During the year ended December 31, 2022, there were no significant reductions in insurance coverage from the prior year. Settled claims have not exceeded the City’s commercial coverage in any of the past three years. Note 12—Contingencies The City has been named in various legal actions. At the present time, there is no significant litigation pending that would cause a material effect on the financial statements if unfavorable rulings would result. While it is not possible to provide any probability of success or estimate of potential loss in defending any of these legal actions, the City expects to contest the allegations vigorously and does not believe these actions will have a material effect on the financial statements. A potential claim may be asserted against the City arising out of its membership in the Western Area Firing Training Academy (WAFTA). WAFTA is a joint powers entity consisting of 11 member cities that was formed in 1974 to purchase property to be used and operated as a fire training facility. In the late 1980’s, WAFTA became aware that the site was contaminated. Since that time, WAFTA has been working with the Minnesota Pollution Control Agency (MPCA) and other responsible parties to address the contamination issues on the site. At this time, there is not an estimated dollar amount of the cost to remediate the site nor has a claim been asserted against WAFTA or the City. Note 13—Contract Commitments At December 31, 2022, the City had commitments on various capital projects. These commitments totaled approximately $14,765,409. The breakdown by fund is shown below. Refunding Principal to Issue to be Refunded Date be Refunded 2014A G.O.Tax Abatement Bonds 1/15/2022 13,165,000$ 101 City of Eden Prairie, Minnesota Notes to Financial Statements Note 14—Conduit Debt Obligations To further economic development in the City, the City has issued bonds that provide capital financing to private-sector entities for the acquisition and construction of industrial and residential facilities. The properties financed are pledged as collateral, and the bonds are payable solely from payments received from the private-sector entities on the underlying mortgage or promissory notes. In addition, no commitments beyond the collateral, the payments from the private-sector entities, and maintenance of the tax-exempt status of the conduit debt obligation were extended by the City for any of those bonds. At December 31, 2022 the bonds have an aggregate outstanding principal amount payable of $19,640,000. Note 15—Tax Abatements The City enters into property tax abatement agreements through the use of tax increment financing districts with local businesses under various Minnesota Statutes. Under these statutes the City annually abates taxes collected above the districts’ base tax capacity which is established during adoption of the tax increment district. These agreements are established to foster economic development and redevelopment through creating jobs, removing blight and providing affordable housing. The City uses Minnesota Statutes 469.001 to 469.047 and 469.174 to 469.179 (The Tax Increment Act) to create these districts. For the fiscal year ended December 31, 2022, the City has one agreement established under Minnesota Statute 469.001 to 469.047 which resulted in property taxes totaling $270,358 being abated. The agreement is a pay as you go note to convert substandard property into an office and retail complex. For the fiscal year ended December 31, 2022, the City has six agreements established under Minnesota Statute 469.174 to 469.179 (The Tax Increment Act) which resulted in property taxes totaling $2,088,217 being abated. The following agreements each exceeded 10 percent of the total amount abated, during the year: Fund Total General 166,492$ Public Improvement Construction 60,305 Capital Improvement Maintenance 3,263,403 Shady Oak Rd North 308,906 Other Governmental 940,533 Water 3,131,239 Wastewater 23,348 Stormwater 314,328 Internal Service 6,556,855 14,765,409$ 102 City of Eden Prairie, Minnesota Notes to Financial Statements • A pay as you go note to finance the cost of a senior rental housing project that provides housing in part for persons or families with low to moderate income. The abatement amount was $645,999. • A pay as you go note to finance the cost of a rental apartment project that provides housing in part for persons or families with low to moderate income. The abatement amount was $397,580. • A pay as you go note to finance the cost of a senior rental housing project that provides housing in part for persons or families with low to moderate income. The abatement amount was $251,110. • A pay as you go note to finance the cost of a rental housing project that provides housing in part for persons or families with low to moderate income. The abatement amount was $689,413. Note 16—Fund Balance Classification At December 31, 2022, a summary of the governmental fund balance classifications are as follows: Note 17—New Standards Issued But Not Yet Implemented GASB Statement No. 96, Subscription-based information technology arrangements (SBITAs) states a government is required to recognize a subscription liability and a right-to-use subscription asset when a contract conveys control of the right to use another party’s information technology software, alone or in combination with tangible capital assets. This statement will be effective for the year ending December 31, 2023. General Obligation Public Capital Shady Oak Eden Prairie Rd Other Tax Abatement Improvement Improvement Road Connect to Govt General Bonds 2014A/20A Construction Maintenance North Flying Cloud Funds Total Nonspendable: Prepaid Items 180,596$ -$ -$ 25,648$ -$ -$ 80,525$ 286,769$ Cemetery Perpetual Care - - - - - - 192,139 192,139 Total Nonspendable 180,596 - - 25,648 - - 272,664 478,908 Restricted for: Debt Service - 1,135,424 - - - - 1,720,991 2,856,415 Special Assessments - - - - 661,745 - 7,126 668,871 Park Dedication Fees - - - - - - 4,702,967 4,702,967 Franchise Fee - - - - - - 1,036,475 1,036,475 Grants - - - - - - 1,726,973 1,726,973 Cemetary - - - - - - 234,182 234,182 Police - - - - - - 203,587 203,587 Recycling - - - - - - 49,215 49,215 Historical and Cultural - - - - - - 35,262 35,262 Tax Increment - - - - - - 3,592,224 3,592,224 - 1,135,424 - - 661,745 - 13,309,002 15,106,171 Assigned to: Capital Projects - - - 24,681,666 - - 5,759,208 30,440,874 Improvement Projects - - - - - - 6,276,874 6,276,874 Total Assigned - - - 24,681,666 - - 12,036,082 36,717,748 Unassigned:33,252,089 - (413,606) - - (974,826) (69,675) 31,793,982 Total Fund Balance 33,432,685$ 1,135,424$ (413,606)$ 24,707,314$ 661,745$ (974,826)$ 25,548,073$ 84,096,809$ 103 This page is intentionally left blank 104 REQUIRED SUPPLEMENTARY INFORMATION 105 City of Eden Prairie, Minnesota Required Supplemental Information Modified Approach for Infrastructure Assets Condition Rating of the City’s Street System: Comparison of Needed-to-Actual Maintenance/Preservation: The condition of road pavement is measured using Good Pointe’s Icon pavement management system. Pavements in the City of Eden Prairie are visually inspected using the Paver-based Pavement Condition Index (PCI) methodology. The methodology is based on a numeric rating system ranging from 100 for a newly surfaced pavement to 0 for a failed pavement. The condition index is used to classify roads in excellent condition (85-100), very good condition (70-84), good condition (55-69), fair condition (40-54), poor condition (25-39), very poor condition (10-24) and failed condition (0-9). It is the City’s policy to maintain an average PCI of 70 percent. Average PCI 2022 85.3% 2019 84.4% 2016 76.9% 2013 79.7% 2010 81.1% 2007 82.3% 2022 2021 2020 2019 2018 Budget 5,050,500$ 3,735,500$ 2,949,500$ 2,954,500$ 3,372,500$ Actual 6,008,581 3,562,681 4,154,944 3,154,439 2,700,544 Difference 958,081$ (172,819)$ 1,205,444$ 199,939$ (671,956)$ 106 City of Eden Prairie, Minnesota Required Supplemental Information Schedule of Changes in the City’s Total OPEB Liability and Related Ratios Less than ten years is presented due to information not available. Will add additional years as they become available. No assets are accumulated in a trust to pay related benefits. 107 City of Eden Prairie, M innesota Required Supplemental Information Schedule of Proportionate Share of Net Pension Liability Public Employees General Employees Retirement Fund L ast T en Y ear s* Fiscal Year Ending Employer's Proportion (Percentage) of the Net Pension Liability (Asset) Employer's Proportionate Share (Amount) of the Net Pension Liability (Asset) (a) State's Proportionate Share (Amount) of the Net Pension Liability Associated with the City (b) Employer's Proportionate Share of the Net Pension Liability and the State's Proportionate Share of the Net Pension Liability Associated with the City (a+b) Employer's Covered Payroll** (c) Employer's Proportionate Share of the Net Pension Liability (Asset) as a Percentage of its Covered Payroll (a/c) Plan Fiduciary Net Position as a Percentage of the Total Pension Liability June 30, 2015 0.2525%13,085,860$ -$ 13,085,860$ 14,836,066$ 88.20%78.2% June 30, 2016 0.2482%20,152,608 263,262 20,415,870 15,161,268 132.92%68.9% June 30, 2017 0.2536%16,189,657 203,595 16,393,252 16,339,119 99.09%75.9% June 30, 2018 0.2419%13,419,620 440,302 13,859,922 16,251,609 82.57%79.5% June 30, 2019 0.2365%13,075,555 406,316 13,481,871 16,728,911 78.16%80.2% June 30, 2020 0.2422%14,520,997 447,832 14,968,829 17,272,920 84.07%79.1% June 30, 2021 0.2450%10,462,598 319,529 10,782,127 17,641,013 59.31%87.0% June 30, 2022 0.2438%19,309,040 565,976 19,875,016 18,207,196 109.16%76.7% * This schedule is provided prospectively beginning with the fiscal year ended December 31, 2015. **For purposes of this schedule, covered payroll is defined as "pensionable wages." 108 City of Eden Prairie, Minnesota Required Supplemental Information Schedule of Proportionate Share of Net Pension Liability Public Employees Police and Fire Fund L ast T en Y ear s* Fiscal Year Ending Employer's Proportion (Percentage) of the Net Pension Liability (Asset) Employer's Proportionate Share (Amount) of the Net Pension Liability (Asset) (a) State Proportionate Share (Amount) of the Net Pension Liability Associated with the City City's Proportionate Share of the Net Pension Liability and the State's Proportionate Share of the Net Pension Liability Associated with the City Employer's Covered Payroll** (b) Employer's Proportionate Share of the Net Pension Liability (Asset) as a Percentage of its Covered Payroll (a/b) Plan Fiduciary Net Position as a Percentage of the Total Pension Liability June 30, 2015 0.7770%8,828,538$ N/A 8,828,538$ 7,116,963$ 124.05%86.6% June 30, 2016 0.7580%30,419,859 N/A 30,419,859 7,302,618 416.56%63.9% June 30, 2017 0.7510%10,139,393 N/A 10,139,393 7,706,718 131.57%85.4% June 30, 2018 0.7296%7,776,785 N/A 7,776,785 7,689,360 101.14%88.8% June 30, 2019 0.7299%7,770,523 N/A 7,770,523 7,702,165 100.89%89.3% June 30, 2020 0.7225%9,458,299 224,377 9,682,676 8,151,644 116.03%87.2% June 30, 2021 0.6933%5,289,145 240,567 5,529,712 8,193,333 64.55%93.7% June 30, 2022 0.7260%31,527,313 1,380,114 32,907,427 8,838,760 356.69%70.5% * This schedule is provided prospectively beginning with the fiscal year ended December 31, 2015. **For purposes of this schedule, covered payroll is defined as "pensionable wages." 109 City of Eden Prairie, Minnesota Required Supplemental Information Schedule of Proportionate Share of Net Pension Liability Eden Prairie Fire Relief Last Ten Years* * This schedule is provided prospectively beginning with the fiscal year ended December 31, 2014. 110 City of Eden Prairie, Minnesota Required Supplemental Information Schedule of Contributions Public Employees General Employees Retirement Fund L ast T en Y ear s* Year Ending Statutorily Required Contributions (a) Contributions in Relation to the Statutorily Required Contributions (b) Contribution Deficiency (Excess) (a-b) Covered Payroll** (d) Contributions as a Percentage of Covered Payroll (b/d) December 31, 2015 1,164,110$ 1,164,110$ -$ 15,528,311$ 7.50% December 31, 2016 1,157,735 1,157,735 - 15,436,692 7.50% December 31, 2017 1,199,292 1,199,292 - 15,990,664 7.50% December 31, 2018 1,231,656 1,231,656 - 16,470,531 7.48% December 31, 2019 1,286,909 1,286,909 - 17,163,209 7.50% December 31, 2020 1,290,562 1,290,562 - 17,207,493 7.50% December 31, 2021 1,345,713 1,345,713 17,940,189 7.50% December 31, 2022 1,399,316 1,399,316 18,672,879 7.49% * This schedule is provided prospectively beginning with the fiscal year ended December 31, 2015. **For purposes of this schedule, covered payroll is defined as "pensionable wages." 111 City of Eden Prairie, Minnesota Required Supplemental Information Schedule of Contributions Public Employees Police and Fire Fund L ast T en Y ear s* Year Ending Statutorily Required Contributions (a) Contributions in Relation to the Statutorily Required Contributions (b) Contribution Deficiency (Excess) (a-b) Covered Payroll** (d) Contributions as a Percentage of Covered Payroll (b/d) December 31, 2015 1,215,450$ 1,215,450$ -$ 7,509,128$ 16.2% December 31, 2016 1,188,923 1,188,923 - 7,339,334 16.2% December 31, 2017 1,224,005 1,224,005 - 7,555,723 16.2% December 31, 2018 1,260,639 1,260,639 - 7,780,987 16.2% December 31, 2019 1,342,840 1,342,840 - 7,922,043 16.95% December 31, 2020 1,464,610 1,464,610 - 8,264,270 17.72% December 31, 2021 1,543,612 1,543,612 - 8,720,972 17.70% December 31, 2022 1,596,141 1,596,141 - 9,012,516 17.71% * This schedule is provided prospectively beginning with the fiscal year ended December 31, 2015. **For purposes of this schedule, covered payroll is defined as "pensionable wages." 112 City of Eden Prairie, Minnesota Required Supplemental Information Schedule of Contributions Eden Prairie Fire Relief Last Ten Years 113 City of Eden Prairie, Minnesota Notes to Required Supplemental Information Notes to Schedules of Changes in Net Pension Liabilities and Related Ratios Other Post-Employment Benefits Plan The City has no assets accumulated in a trust that meets the criteria in GASB 75. 2022 Changes Changes in Plan Provisions: • There was a liability loss of $600,259 due to updated census data. • There was a liability loss of $104,014 due to claims and premiums higher than expected. • Per a special agreement, one retiree is receiving City paid medical and dental premiums until December 2023 or until they are eligible another employer’s health insurance coverage, whichever comes first. This change increased the liability $18,823. Changes in Actuarial Assumptions: • The health care trend rates were changed to better anticipate short term and long term medical increases. • The mortality tables were updated from the Pub-2010 Public Retirement Plans Headcount-Weighted Mortality Tables (General, Safety) with MP-2019 Generational Improvement Scale to the Pub-2010 Public Retirement Plans Headcount-Weighted Mortality Tables (General, Safety) with MP-2021 Generational Improvement Scale. • The salary increase rates were updated to reflect the latest experience study. • The retirement and withdrawal rates were updated to reflect the latest experience study. • The inflation rate was changed from 2.50% to 2.00%. • The subsidized benefit for one officer injured in the line of duty, who is age 60 as of the valuation date, is expected to end at age 65 instead of age 62. • The percent of future retirees electing coverage was lowered from 50% to 40%. • These changes decreased the liability $392,033. 2021 Changes Changes in Actuarial Assumptions: • The discount rate was changed from 2.90% to 2.00%. 2020 Changes Changes in Actuarial Assumptions: • The health care trend rates, mortality tables, salary increase rates, and subsidy end date of one officer (age 58 as of the valuation date) injured in the line of duty were updated. • The discount rate was changed from 3.80% to 2.90%. 2019 Changes Changes in Plan Provisions: • Per a special agreement, one retiree received City paid medical and dental premiums for six months during 2019. Changes in Actuarial Assumptions: • The discount rate was changed from 3.30% to 3.80%. 114 City of Eden Prairie, Minnesota Notes to Required Supplemental Information General Employees Fund 2022 Changes Changes in Actuarial Assumptions: • The mortality improvement scale was changed from Scale MP-2020 to Scale MP-2021. Changes in Plan Provisions: • There were no changes in plan provisions since the previous valuation. 2021 Changes Changes in Actuarial Assumptions: • The investment return and single discount rates were changed from 7.50 percent to 6.50 percent, for financial reporting purposes. • The mortality improvement scale was changed from Scale MP-2019 to Scale MP-2020. Changes in Plan Provisions: • There were no changes in plan provisions since the previous valuation. 2020 Changes Changes in Actuarial Assumptions: • The price inflation assumption was decreased from 2.50% to 2.25%. • The payroll growth assumption was decreased from 3.25% to 3.00%. • Assumed salary increase rates were changed as recommended in the June 30, 2019 experience study. The net effect is assumed rates that average 0.25% less than previous rates. • Assumed rates of retirement were changed as recommended in the June 30, 2019 experience study. The changes result in more unreduced (normal) retirements and slightly fewer Rule of 90 and early retirements. • Assumed rates of termination were changed as recommended in the June 30, 2019 experience study. The new rates are based on service and are generally lower than the previous rates for years 2-5 and slightly higher thereafter. • Assumed rates of disability were changed as recommended in the June 30, 2019 experience study. The change results in fewer predicted disability retirements for males and females. • The base mortality table for healthy annuitants and employees was changed from the RP-2014 table to the Pub-2010 General Mortality table, with adjustments. The base mortality table for disabled annuitants was changed from the RP-2014 disabled annuitant mortality table to the PUB-2010 General/Teacher disabled annuitant mortality table, with adjustments. • The mortality improvement scale was changed from Scale MP-2018 to Scale MP-2019. • The assumed spouse age difference was changed from two years older for females to one year older. • The assumed number of married male new retirees electing the 100% Joint & Survivor option changed from 35% to 45%. The assumed number of married female new retirees 115 City of Eden Prairie, Minnesota Notes to Required Supplemental Information electing the 100% Joint & Survivor option changed from 15% to 30%. The corresponding number of married new retirees electing the Life annuity option was adjusted accordingly. Changes in Plan Provisions • Augmentation for current privatized members was reduced to 2.0% for the period July 1, 2020 through December 31, 2023 and 0.0% after. Augmentation was eliminated for privatizations occurring after June 30, 2020. 2019 Changes Changes in Actuarial Assumptions: • The morality projection scale was changed from MP-2017 to MP-2018. Changes in Plan Provisions: • The employer supplemental contribution was changed prospectively, decreasing from $31.0 million to $21.0 million per year. The State’s special funding contribution was changed prospectively, requiring $16.0 million due per year through 2031. 2018 Changes Changes in Actuarial Assumptions: • The morality projection scale was changed from MP-2015 to MP-2017. • The assumed benefit increase was changed from 1.00 percent per year through 2044 and 2.50 percent per year thereafter to 1.25 percent per year. Changes in Plan Provisions: • The augmentation adjustment in early retirement factors is eliminated over a five-year period starting July 1, 2019, resulting in actuarial equivalence after June 30, 2024. • Interest credited on member contributions decreased from 4.00 percent to 3.00 percent, beginning July 1, 2018. • Deferred augmentation was changed to 0.00 percent, effective January 1, 2019. Augmentation that has already accrued for deferred members will still apply. • Contribution stabilizer provisions were repealed. • Postretirement benefit increases were changed from 1.00 percent per year with a provision to increase to 2.50 percent upon attainment of 90.00 percent funding ratio to 50.00 percent of the Social Security Cost of Living Adjustment, not less than 1.00 percent and not more than 1.50 percent, beginning January 1, 2019. • For retirements on or after January 1, 2024, the first benefit increase is delayed until the retiree reaches normal retirement age; does not apply to Rule of 90 retirees, disability benefit recipients, or survivors. • Actuarial equivalent factors were updated to reflect revised mortality and interest assumptions. 2017 Changes Changes in Actuarial Assumptions: • The combined service annuity (CSA) loads were changed from 0.80 percent for active members and 60.00 percent for vested and non-vested deferred members. The revised CSA load are now 0.00 percent for active member liability, 15.00 percent for vested deferred member liability, and 3.00 percent for non-vested deferred member liability. • The assumed postretirement benefit increase rate was changed for 1.00 percent per year for all years to 1.00 percent per year through 2044 and 2.50 percent per year thereafter. 116 City of Eden Prairie, Minnesota Notes to Required Supplemental Information Changes in Plan Provisions: • The State’s contribution for the Minneapolis Employees Retirement Fund equals $16,000,000 in 2017 and 2018, and $6,000,000 thereafter. • The Employer Supplemental Contribution for the Minneapolis Employees Retirement Fund changed from $21,000,000 to $31,000,000 in calendar years 2019 to 2031. The state’s contribution changed from $16,000,000 to $6,000,000 in calendar years 2019 to 2031. 2016 Changes Changes in Actuarial Assumptions: • The assumed postretirement benefit increase rate was changed from 1.00 percent per year through 2035 and 2.50 percent per year thereafter to 1.00 percent per year for all years. • The assumed investment return was changed from 7.90 percent to 7.50 percent. The single discount rate changed from 7.90 percent to 7.50 percent. • Other assumptions were changed pursuant to the experience study June 30, 2015. The assumed future salary increases, payroll growth, and inflation were decreased by 0.25 percent to 3.25 percent for payroll growth and 2.50 percent for inflation. Changes in Plan Provisions • There have been no changes since the prior valuation. 2015 Changes: Changes in Actuarial Assumptions: • The assumed postretirement benefit increase rate was changed from 1.00 percent per year through 2030 and 2.50 percent per year thereafter to 1.00 percent per year through 2035 and 2.50 percent per year thereafter. Changes in Plan Provisions: • On January 1, 2015, the Minneapolis Employees Retirement Fund was merged into the General Employees Fund, which increased the total pension liability by $1.1 billion and increase the fiduciary plan net position by $892 million. Upon consolidation, state and employer contributions were revised; the State’s contribution of $6.0 million, which meets the special funding situation definition, was due September 2015. Police and Fire Fund 2022 Changes Changes in Actuarial Assumptions: • The mortality improvement scale was changed from Scale MP-2020 to Scale MP-2021. • The single discount rate changed from 6.50% to 5.40%. Changes in Plan Provisions: • There were no changes in plan provisions since the previous valuation. 2021 Changes Changes in Actuarial Assumptions: • The investment return and single discount rates were changed from 7.50 percent to 6.50 percent, for financial reporting purposes. 117 City of Eden Prairie, Minnesota Notes to Required Supplemental Information • The inflation assumption was changed from 2.50 percent to 2.25 percent. • The payroll growth assumption was changed from 3.25 percent to 3.00 percent. • The base mortality table for healthy annuitants and employees was changed from the RP-2014 table to the Pub-2010 Public Safety Mortality table. The mortality improvement scale was changed from MP-2019 to MN-2020. • The base mortality table for disabled annuitants was changed from the RP-2014 healthy annuitant mortality table (with future mortality improvement according to Scale MP-2019) to the Pub-2010 Public Safety disabled annuitant mortality table (with future mortality improvement according to Scale MP-2020). • Assumed rates of salary increase were modified as recommended in the July 14, 2020 experience study. The overall impact is a decrease in gross salary increase rates. • Assumed rates of retirement were changed as recommended in the July 14, 2020 experience study. The changes result in slightly more unreduced retirements and fewer assumed early retirements. • Assumed rates of withdrawal were changed from select and ultimate rates to service-based rates. The changes result in more assumed terminations. • Assumed rates of disability were increased for ages 25-44 and decreased for ages over 49. Overall, proposed rates result in more projected disabilities. • Assumed percent married for active female members was changed from 60 percent to 70 percent. Minor changes to form of payment assumptions were applied. Changes in Plan Provisions: • There were no changes in plan provisions since the previous valuation. 2020 Changes Changes in Actuarial Assumptions • The morality projection scale was changed from MP-2018 to MP-2019. Changes in Plan Provisions • There have been no changes since the prior valuation. 2019 Changes Changes in Actuarial Assumptions • The morality projection scale was changed from MP-2017 to MP-2018. Changes in Plan Provisions • There have been no changes since the prior valuation. 2018 Changes Changes in Actuarial Assumptions • The morality projection scale was changed from MP-2016 to MP-2017. Changes in Plan Provisions • Postretirement benefit increases were changed to 1.00 percent for all years, with no trigger. • An end date of July 1, 2048 was added to the existing $9.0 million state contribution. • New annual state aid will equal $4.5 million in fiscal years 2019 and 2020, and $9.0 million thereafter until the plan reaches 100 percent funding, or July 1, 2048, if earlier. 118 City of Eden Prairie, Minnesota Notes to Required Supplemental Information • Member contributions were changed from 10.80 percent to 11.30 percent of pay, effective January 1, 2019 and 11.80 percent of pay, effective January 1, 2020. • Employer contributions were changed from 16.20 percent to 16.95 percent of pay, effective January 1, 2019 and 17.70 percent of pay, effective January 1, 2020. • Interest credited on member contributions decreased from 4.00 percent to 3.00 percent, beginning July 1, 2018. • Deferred augmentation was changed to 0.00 percent, effective January 1, 2019. Augmentation that has already accrued for deferred members will still apply. • Actuarial equivalent factors were updated to reflect revised mortality and interest assumptions. 2017 Changes Changes in Actuarial Assumptions • Assumed salary increases were changed as recommended in the June 30, 2016 experience study. The net effect is proposed rates that average 0.34 percent lower than the previous rates. • Assumed rates of retirement were changed, resulting in fewer retirements. • The combined service annuity (CSA) load was 30.00 percent for vested and non-vested, deferred members. The CSA has been changed to 33.00 percent for vested members and 2.00 percent for non-vested members. • The base mortality table for healthy annuitants was changed from the RP-2000 fully generational table to the RP-2014 fully generational table (with a base year of 2006), with male rates adjusted by a factor of 0.96. The mortality improvement scale was changed from Scale AA to Scale MP-2016. The base mortality table for disabled annuitants was changed from the RP-2000 disabled mortality table to the mortality tables assumed for healthy retirees. • Assumed termination rates were decreased to 3.00 percent for the first three years of service. Rates beyond the select period of three years were adjusted, resulting in more expected terminations overall. • Assumed percentage of married female members was decreased from 65.00 percent to 60.00 percent. • Assumed age difference was changed from separate assumptions for male members (wives assumed to be three years younger) and female members (husbands assumed to be four years older) to the assumption that males are two years older than females. • The assumed percentage of female members electing joint and survivor annuities was increased. • The assumed postretirement benefit increase rate was changed from 1.00 percent for all years to 1.00 percent per year through 2064 and 2.50 percent thereafter. • The single discount rate was changed from 5.60 percent per annum to 7.50 percent per annum. Changes in Plan Provisions • There have been no changes since the prior valuation. 2016 Changes Changes in Actuarial Assumptions 119 City of Eden Prairie, Minnesota Notes to Required Supplemental Information • The assumed postretirement benefit increase rate was changed from 1.00 percent per year through 2037 and 2.50 percent per year thereafter to 1.00 percent per year for all future years. • The assumed investment return was changed from 7.90 percent to 7.50 percent. • The single discount rate changed from 7.90 percent to 5.60 percent. • The assumed future salary increases, payroll growth, and inflation were decreased by 0.25 percent to 3.25 percent for payroll growth and 2.50 percent for inflation. Changes in Plan Provisions • There have been no changes since the prior valuation. 2015 Changes Changes in Actuarial Assumptions • The assumed postretirement benefit increase rate was changed from 1.00 percent per year through 2030 and 2.50 percent per year thereafter to 1.00 percent per year through 2037 and 2.50 percent per year thereafter. Changes in Plan Provisions • The postretirement benefit increase to be paid after the attainment of the 90.00 percent funding threshold was changed from inflation up to 2.50 percent, to a fixed rate of 2.50 percent Fire Relief 2021 Changes • The mortality projection scale was updated from MP-2019 to MP-2021 • The termination assumption was updated to reflect experience from the last four years 2020 Changes • No changes since 2019 report 2019 Changes • The mortality projection scale was updated from MP-2017 to MP-2019 2018 Changes • The lump sum benefit level was increased from $10,000 to $12,400 • The mortality projection scale was updated from MP-2016 to MP-2017 • The termination decrement scale was updated to reflect a recent experience study • The lump sum election rate was changed from 20% to 50% 2017 Changes • No changes since 2016 report 2016 Changes • The base mortality table was updated from the RP-2014 Blue Collar table to the unadjusted RP-2014 table 120 City of Eden Prairie, Minnesota Notes to Required Supplemental Information • The mortality projection scale was updated from MP-2014 to MP-2016 2015 Changes • No changes since 2014 report which was the year of implementation so no further changes to note. 121 This page is intentionally left blank 122 COMBINING FUND STATEMENTS 123 This page is intentionally left blank 124 City of Eden Prairie, Minnesota Nonmajor Governmental Funds Special Revenue Funds Special revenue funds are used to account for and report the proceeds of specific revenue sources that are restricted or committed to expenditures for specified purposes other than debt service or capital projects. Housing Redevelopment Authority (HRA Grant) – This fund accounts for monies received under Title I of the Housing and Community Development Act of 1974 and other related housing activities. Pleasant Hills Cemetery – This fund accounts for the current operations of the City cemetery including maintenance costs and lot sales. Eden Prairie Cemetery – This fund accounts for the current operations of the City cemetery including maintenance costs and lot sales. Grant – This fund accounts for monies received from the State. The grant will fund a police officer who will dedicate his time to decreasing DWI’s. Recycling – This fund accounts for monies received from Hennepin County's household waste rebate programs. All dollars received are to be spent on eligible recycling programs within Eden Prairie. Opioid Settlement – This fund accounts for monies received under the National Opioid Settlement. All dollars received are to be spent to fight the opioid crisis. Historical and Cultural - This fund accumulates revenue from the sale of a book on Eden Prairie's 100-year history and the sale of old street signs. The book was donated to the City by the Eden Prairie Historical Society, with revenues earmarked for expenditure on the preservation of the history of Eden Prairie. Debt Service Funds Debt service funds are used to account for all financial resources that are restricted, committed, or assigned to expenditures for principal and interest. General Obligation Refunding Bonds 2016A – This fund accounts for the refunding of the G.O. Bonds 2008B which accounted for the accumulation of resources needed to repay bonds issued to finance the construction of streets, lateral utilities, and drainage for the Flying Cloud Drive construction project. The primary sources of repayment on these bonds are special assessments levied on benefited properties. General Obligation Improvement Bonds 10A/20A – This fund is used to account for the accumulation of tax revenues needed to repay bonds issued to pay the construction costs for the Singletree Lane project. G.O. Bonds 10A were refunded with G.O. Bonds 20A. 125 City of Eden Prairie, Minnesota Nonmajor Governmental Funds Debt Service Funds (Continued) General Obligation Refunding 11D/20A – This fund accounts for the refunding of the G.O. Improvement Revolving Bonds which accounted for the accumulation of tax revenues needed to repay bonds issued to finance the construction at 212 and Charleston Road. G.O. Bonds 11D were refunded with G.O. Bonds 20A. General Obligation Refunding 12A/20A – This fund accounts for the refunding of the G.O. Bonds 2005C which accounted for the accumulation of tax revenues needed to repay bonds issued to finance construction projects for various trails, park improvements and the community center. G.O. Bonds 12A were refunded with G.O. Bonds 20A. General Obligation Refunding 12B/20A – This fund accounts for the refunding of the G.O. Bonds 2006B which accounted for the accumulation of tax revenues needed to repay bonds issued to finance construction projects for the new fire station. G.O. Bonds 12B were refunded with G.O. Bonds 20A. General Obligation Bonds 2016A – This fund is used to account for the accumulation of special assessments needed to repay bonds issued to finance the West 70th project. Capital Project Funds Capital projects funds are used to account for all financial resources that are restricted, committed, or assigned to expenditures for capital outlay. Police - This fund accounts for all confiscated money, and / or property obtained through drug-related criminal arrests and compliance fines. The funds are earmarked for expenditures on law enforcement operations. E-911 - This fund accounts for monies received from the State of Minnesota to be used for the E-911 emergency system. Senior Board/EP Players - This fund was established to account for monies received for Senior Awareness Week and EP Players, a parks and recreation department theater program. Park Improvement - This fund accounts for the park dedication fees, grants, and other contributions earmarked for expenditure on park acquisition and development. CIP Trails - This fund accounts for the accumulation of resources to be used for capital improvements and maintenance of City trails. 126 City of Eden Prairie, Minnesota Nonmajor Governmental Funds Capital Project Funds (Continued) CIP Pavement Management - This fund accounts for the accumulation of resources to be used for capital improvements and maintenance of City streets. Economic Development – This fund accounts for money set aside to assist in the redevelopment of the City. Project – This fund accounts for tax increment revenue set aside to assist in the redevelopment of the City. HRA – This fund accounts for the accumulation of resources to be used for economic development projects. Tree Replacement – This fund accounts for tree replacement fees that are collected from permittees who have demonstrated that it is not possible or reasonable to plant all or some of the required replacement trees on site. The revenue will be used for planting of trees and natural enhancements within the City. Transportation - This fund accounts for proceeds of state aid. This revenue is used to finance street improvements. Cable PEG (Public, Educational, and Government) – This fund accounts for the revenues collected from Comcast. These funds will be used for the production of PEG Access programming. Homeowners Improvements Area – This fund accounts for the accumulation of resources to be used for Housing Improvements to the Fairway Woods II Condominiums. Duck Lake Road Construction – This fund accounts for the accumulation of resources to be used to upgrade existing rural roadway to a 2 lane urban roadway. Dell Road – This fund accounts for accumulation of resources to be used to upgrade a rural section of Dell Road between Crestwood Terrace and County Road 61. Permanent Funds Permanent funds are used to account for resources that are restricted to the extent that only earnings, and not principal, may be used for purposes that support the City’s programs that is, for the benefit of the City or its citizens. Cemetery Perpetual Care - This fund was established to account for funds dedicated for cemetery maintenance in accordance with state statutes. 127 This page is intentionally left blank 128 Page 1 of 5 City of Eden Prairie, Minnesota Combining Balance Sheet Nonmajor Governmental Funds December 31, 2022 Pleasant Eden Historical HRA Hill Prairie Grant Opioid and Grant Cemetery Cemetery Fund Recycling Settlement Cultural Total ASSETS Cash and Investments $47,744 $147,621 $67,018 $32,263 $82,777 $104,494 $38,473 $520,390 Receivables Accounts - - 525 - - - - 525 Investment Interest - 406 64 122 - 9 123 724 Lease Receivable Interest - - - - - - - - Due from Other Governments 275 - - 39,878 - - - 40,153 Unremitted Taxes - - - - - - - - Unremitted Special Assessments - - - - - - - - Delinquent Special Assessments - - - - - - - - Deferred Special Assessments - - - - - - - - Special Deferred Special Assessments - - - - - - - - Due from Other Funds - - - - - - - - Prepaid Items 130 - - - - - - 130 Lease Receivable - - - - - - - - Land Held for Resale - - - - - - - - Notes Receivable (net of allow for uncollectible)- - - - - - - - Total Assets $48,149 $148,027 $67,607 $72,263 $82,777 $104,503 $38,596 $561,922 LIABILITIES Accounts and Contracts Payable $46,306 $369 $1,411 $- $33,562 $- $3,241 $84,889 Salaries Payable 1,843 - - 4,136 - - - 5,979 Investment Interest Payable - - - - - - - - Due to Other Governments - - - - - 15,000 93 15,093 Due to Other Funds - - - - - - - - Unearned Revenue - 1,100 - - - - - 1,100 Total Liabilities 48,149 1,469 1,411 4,136 33,562 15,000 3,334 107,061 DEFERRED INFLOWS OF RESOURCES Deferred Inflow of Resource Related to Lease Receivable - - - - - - - - Unavailable Revenue-Revenue - - 525 - - - - 525 Unavailable Revenue-Special Assessments - - - - - - - - Total Deferred Inflows of Resources - - 525 - - - - 525 FUND BALANCES Nonspendable 130 - - - - - - 130 Restricted - 146,558 65,671 68,127 49,215 89,503 35,262 454,336 Assigned - - - - - - - - Unassigned (130) - - - - - - (130) Total Fund Balance - 146,558 65,671 68,127 49,215 89,503 35,262 454,336 Total Liabilities, Deferred Inflows of Resources, and Fund Balances $48,149 $148,027 $67,607 $72,263 $82,777 $104,503 $38,596 $561,922 Special Revenue 129 Page 2 of 5 City of Eden Prairie, Minnesota Combining Balance Sheet Nonmajor Governmental Funds December 31, 2022 ASSETS Cash and Investments Receivables Accounts Investment Interest Lease Receivable Interest Due from Other Governments Unremitted Taxes Unremitted Special Assessments Delinquent Special Assessments Deferred Special Assessments Special Deferred Special Assessments Due from Other Funds Prepaid Items Lease Receivable Land Held for Resale Notes Receivable (net of allow for uncollectible) Total Assets LIABILITIES Accounts and Contracts Payable Salaries Payable Investment Interest Payable Due to Other Governments Due to Other Funds Unearned Revenue Total Liabilities DEFERRED INFLOWS OF RESOURCES Deferred Inflow of Resource Related to Lease Receivable Unavailable Revenue-Revenue Unavailable Revenue-Special Assessments Total Deferred Inflows of Resources FUND BALANCES Nonspendable Restricted Assigned Unassigned Total Fund Balance Total Liabilities, Deferred Inflows of Resources, and Fund Balances General General General General General Obligation Obligation Obligation Obligation Obligation General Refunding Improvement Refunding Refunding Refunding Obligation Bonds Bonds Bonds Bonds Bonds Bonds 2016A 10A/20A 11D/20A 12A/20A 12B/20A 2016A Total $434,175 $137,914 $590,706 $324,500 $107,179 $116,413 $1,710,887 - - - - - - - 1,114 509 1,914 1,714 776 112 6,139 - - - - - - - - - - - - - - - - - 3,906 1,247 - 5,153 - - - - - - - - - 168 - - - 168 110,000 226,418 435,083 - - 951,672 1,723,173 - - 120,762 - - - 120,762 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - $545,289 $364,841 $1,148,633 $330,120 $109,202 $1,068,197 $3,566,282 $198 $198 $198 $198 $198 $198 $1,188 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 198 198 198 198 198 198 1,188 - - - - - - - - - - - - - - 110,000 226,418 556,013 - - 951,672 1,844,103 110,000 226,418 556,013 - - 951,672 1,844,103 - - - - - - - 435,091 138,225 592,422 329,922 109,004 116,327 1,720,991 - - - - - - - - - - - - - - 435,091 138,225 592,422 329,922 109,004 116,327 1,720,991 $545,289 $364,841 $1,148,633 $330,120 $109,202 $1,068,197 $3,566,282 Debt Service 130 Page 3 of 5 City of Eden Prairie, Minnesota Combining Balance Sheet Nonmajor Governmental Funds December 31, 2022 ASSETS Cash and Investments Receivables Accounts Investment Interest Lease Receivable Interest Due from Other Governments Unremitted Taxes Unremitted Special Assessments Delinquent Special Assessments Deferred Special Assessments Special Deferred Special Assessments Due from Other Funds Prepaid Items Lease Receivable Land Held for Resale Notes Receivable (net of allow for uncollectible) Total Assets LIABILITIES Accounts and Contracts Payable Salaries Payable Investment Interest Payable Due to Other Governments Due to Other Funds Unearned Revenue Total Liabilities DEFERRED INFLOWS OF RESOURCES Deferred Inflow of Resource Related to Lease Receivable Unavailable Revenue-Revenue Unavailable Revenue-Special Assessments Total Deferred Inflows of Resources FUND BALANCES Nonspendable Restricted Assigned Unassigned Total Fund Balance Total Liabilities, Deferred Inflows of Resources, and Fund Balances CIP Senior Board Park CIP Pavement Police E-911 EP Players Improvement Trails Management $60,588 $101,429 $15,136 $5,463,586 $677,614 $1,235,411 - - - - - 852,584 175 251 50 14,592 1,205 10,297 - - - - - - - 13,715 - - - - - - - - - - - - - - - - - - - - - - - - - - 60,001 - - - - - - - - - - - - - - 73,569 - - - - - - - - - - - - - - - - - - - - - - $60,763 $188,964 $15,186 $5,478,178 $738,820 $2,098,292 $4,931 $- $130 $38,501 $3,396 $74,415 2,011 - - - - - - - - - - - - - - - - - - - - - - - - - - 353,248 - - 6,942 - 130 391,749 3,396 74,415 - - - - - - - - - - - - - - - - 60,001 - - - - - 60,001 - - 73,569 - - - - - 114,084 - 4,380,240 - 756,140 53,821 1,311 15,056 706,189 675,423 1,267,737 - - - - - - 53,821 188,964 15,056 5,086,429 675,423 2,023,877 $60,763 $188,964 $15,186 $5,478,178 $738,820 $2,098,292 Capital Projects 131 Page 4 of 5 City of Eden Prairie, Minnesota Combining Balance Sheet Nonmajor Governmental Funds December 31, 2022 ASSETS Cash and Investments Receivables Accounts Investment Interest Lease Receivable Interest Due from Other Governments Unremitted Taxes Unremitted Special Assessments Delinquent Special Assessments Deferred Special Assessments Special Deferred Special Assessments Due from Other Funds Prepaid Items Lease Receivable Land Held for Resale Notes Receivable (net of allow for uncollectible) Total Assets LIABILITIES Accounts and Contracts Payable Salaries Payable Investment Interest Payable Due to Other Governments Due to Other Funds Unearned Revenue Total Liabilities DEFERRED INFLOWS OF RESOURCES Deferred Inflow of Resource Related to Lease Receivable Unavailable Revenue-Revenue Unavailable Revenue-Special Assessments Total Deferred Inflows of Resources FUND BALANCES Nonspendable Restricted Assigned Unassigned Total Fund Balance Total Liabilities, Deferred Inflows of Resources, and Fund Balances Economic Development Project Tree Cable Fund Fund HRA Replacement Transportation PEG $2,806,187 $4,368,545 $319,556 $321,877 $657,136 $274,911 412 - - - - 18,944 8,499 12,897 848 850 3,311 816 1,030 - - - - - 885,000 - - - - - - 40,235 888 - - - - - - - 193 - - - - - - - - - - - 25,280 - - - - - 820,353 - - - - - - - - - - - - 6,826 380,255 - - - - - 741,000 - - - - - 5,686 1,072,503 - - - - $4,828,069 $5,494,180 $321,292 $322,727 $1,506,273 $301,497 $928,714 $35,098 $- $- $3,382 $- - - 6,302 - - - - - - - - - 3,983 9,785 - - - - - - - - - - 21,625 - - - - - 954,322 44,883 6,302 - 3,382 - 371,156 - - - - - - - - - - - - - - - 845,633 - 371,156 - - - 845,633 - - - - - - 6,826 - 3,592,224 - 322,727 - 280,335 3,502,591 1,857,073 314,990 - 657,258 14,336 - - - - - - 3,502,591 5,449,297 314,990 322,727 657,258 301,497 $4,828,069 $5,494,180 $321,292 $322,727 $1,506,273 $301,497 Capital Projects 132 Page 5 of 5 City of Eden Prairie, Minnesota Combining Balance Sheet Nonmajor Governmental Funds December 31, 2022 ASSETS Cash and Investments Receivables Accounts Investment Interest Lease Receivable Interest Due from Other Governments Unremitted Taxes Unremitted Special Assessments Delinquent Special Assessments Deferred Special Assessments Special Deferred Special Assessments Due from Other Funds Prepaid Items Lease Receivable Land Held for Resale Notes Receivable (net of allow for uncollectible) Total Assets LIABILITIES Accounts and Contracts Payable Salaries Payable Investment Interest Payable Due to Other Governments Due to Other Funds Unearned Revenue Total Liabilities DEFERRED INFLOWS OF RESOURCES Deferred Inflow of Resource Related to Lease Receivable Unavailable Revenue-Revenue Unavailable Revenue-Special Assessments Total Deferred Inflows of Resources FUND BALANCES Nonspendable Restricted Assigned Unassigned Total Fund Balance Total Liabilities, Deferred Inflows of Resources, and Fund Balances Cemetery Total Homeowners Duck Perpetual Nonmajor Improvements Lake Road Dell Care Governmental Area Reconstruction Road Total Fund Funds $7,157 $4,825,848 $- $21,134,981 $213,453 $23,579,711 - - - 871,940 - 872,465 - - - 53,791 639 61,293 - - - 1,030 - 1,030 - 705,000 - 1,603,715 - 1,643,868 - - - 41,123 - 46,276 - - - 193 - 193 - - - - - 168 19,980 - - 105,261 - 1,828,434 - - - 820,353 - 941,115 - 67,041 - 67,041 - 67,041 - - - 80,395 - 80,525 - - - 380,255 - 380,255 - - - 741,000 - 741,000 - - - 1,078,189 - 1,078,189 $27,137 $5,597,889 $- $26,979,267 $214,092 $31,321,563 $- $263,303 $2,461 $1,354,331 $- $1,440,408 - - - 8,313 - 14,292 1 473 43 517 - 517 - - - 13,768 - 28,861 - - 67,041 67,041 - 67,041 - 705,000 - 1,079,873 - 1,080,973 1 968,776 69,545 2,523,843 - 2,632,092 - - - 371,156 - 371,156 - - - - - 525 19,980 - - 925,614 - 2,769,717 19,980 - - 1,296,770 - 3,141,398 - - - 80,395 192,139 272,664 7,126 1,658,846 - 11,111,722 21,953 13,309,002 30 2,970,267 - 12,036,082 - 12,036,082 - - (69,545) (69,545) - (69,675) 7,156 4,629,113 (69,545) 23,158,654 214,092 25,548,073 $27,137 $5,597,889 $- $26,979,267 $214,092 $31,321,563 Permanent FundCapital Projects 133 Page 1 of 5 City of Eden Prairie, Minnesota Combining Statement of Revenues, Expenditures, and Changes in Fund Balances Nonmajor Governmental Funds For the Year Ended December 31, 2022 Pleasant Eden Historical HRA Hills Prairie Grant Opioid and Grant Cemetery Cemetery Fund Recycling Settlement Cultural Total REVENUES General Property Taxes $- $- $- $- $- $- $- $- Special Assessments - - - - - - - - Licenses and Permits - - - - - - - - Intergovernmental Revenue 628,942 - - 127,341 115,994 - - 872,277 Charges for Services - 49,730 62,750 - - - - 112,480 Fines and Forfeits - - - - - - - - Investment Income - (2,291) (323) (707) - (47) (726) (4,094) Lease Income - - - - - - - - Rental - - - - - - - - Other Contributions and Donations - - - - - - 500 500 Miscellaneous - - 29,391 - 145 110,819 5,273 145,628 Total Revenues 628,942 47,439 91,818 126,634 116,139 110,772 5,047 1,126,791 EXPENDITURES Current Community Development 628,942 - - - - - 13,649 642,591 Police - - - 121,805 - 21,269 - 143,074 Public Works - - - - 77,737 - - 77,737 Parks and Recreation - 17,736 26,147 - - - - 43,883 Capital Outlay Administration - - - - - - - - Public Works - - - - - - - - Parks and Recreation - - - - - - - - Debt Service Principal - - - - - - - - Interest - - - - - - - - Fiscal Agent Fees - - - - - - - - Total Expenditures 628,942 17,736 26,147 121,805 77,737 21,269 13,649 907,285 Excess of Revenues Over (Under) Expenditures - 29,703 65,671 4,829 38,402 89,503 (8,602) 219,506 OTHER FINANCING SOURCES (USES) Transfers In - - - - - - - - Transfers Out - - - - - - - - Total Other Financing Sources (Uses)- - - - - - - - Net Change in Fund Balances - 29,703 65,671 4,829 38,402 89,503 (8,602) 219,506 Fund Balances (Deficit) - Beginning - 116,855 - 63,298 10,813 - 43,864 234,830 Fund Balances (Deficit) - Ending $- $146,558 $65,671 $68,127 $49,215 $89,503 $35,262 $454,336 Special Revenue 134 Page 2 of 5 City of Eden Prairie, Minnesota Combining Statement of Revenues, Expenditures, and Changes in Fund Balances Nonmajor Governmental Funds For the Year Ended December 31, 2022 REVENUES General Property Taxes Special Assessments Licenses and Permits Intergovernmental Revenue Charges for Services Fines and Forfeits Investment Income Lease Income Rental Other Contributions and Donations Miscellaneous Total Revenues EXPENDITURES Current Community Development Police Public Works Parks and Recreation Capital Outlay Administration Public Works Parks and Recreation Debt Service Principal Interest Fiscal Agent Fees Total Expenditures Excess of Revenues Over (Under) Expenditures OTHER FINANCING SOURCES (USES) Transfers In Transfers Out Total Other Financing Sources (Uses) Net Change in Fund Balances Fund Balances (Deficit) - Beginning Fund Balances (Deficit) - Ending General General General General General Obligation Obligation Obligation Obligation Obligation General Refunding Improvement Refunding Refunding Refunding Obligation Bonds Bonds Bonds Bonds Bonds Bonds 2016A 10A/20A 11D/20A 12A/20A 12B/20A 2016A Total $- $- $- $900,891 $277,884 $- $1,178,775 123,753 91,329 195,198 - - 148,043 558,323 - - - - - - - - - - - - - - - - - - - - - - - - - - - - (6,634) (3,027) (11,362) (11,456) (5,326) (645) (38,450) - - - - - - - - - - - - - - - - - - - - - - - - - - - - 117,119 88,302 183,836 889,435 272,558 147,398 1,698,648 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 110,000 94,000 174,000 876,000 342,000 110,000 1,706,000 8,850 3,179 6,001 30,141 11,432 29,310 88,913 598 598 598 598 598 3,698 6,688 119,448 97,777 180,599 906,739 354,030 143,008 1,801,601 (2,329) (9,475) 3,237 (17,304) (81,472) 4,390 (102,953) - - - - - - - - - - - - - - - - - - - - - (2,329) (9,475) 3,237 (17,304) (81,472) 4,390 (102,953) 437,420 147,700 589,185 347,226 190,476 111,937 1,823,944 $435,091 $138,225 $592,422 $329,922 $109,004 $116,327 $1,720,991 Debt Service 135 Page 3 of 5 City of Eden Prairie, Minnesota Combining Statement of Revenues, Expenditures, and Changes in Fund Balances Nonmajor Governmental Funds For the Year Ended December 31, 2022 REVENUES General Property Taxes Special Assessments Licenses and Permits Intergovernmental Revenue Charges for Services Fines and Forfeits Investment Income Lease Income Rental Other Contributions and Donations Miscellaneous Total Revenues EXPENDITURES Current Community Development Police Public Works Parks and Recreation Capital Outlay Administration Public Works Parks and Recreation Debt Service Principal Interest Fiscal Agent Fees Total Expenditures Excess of Revenues Over (Under) Expenditures OTHER FINANCING SOURCES (USES) Transfers In Transfers Out Total Other Financing Sources (Uses) Net Change in Fund Balances Fund Balances (Deficit) - Beginning Fund Balances (Deficit) - Ending CIP Senior Board Park CIP Pavement Police E-911 EP Players Improvement Trails Mgmt $- $- $- $- $- $- - - - - 19,150 - - - - - - 3,256,802 10,000 162,571 - - - 500,000 - - - 1,805,472 - - 925 - - - - - (526) - (298) (83,306) (6,768) (60,863) - - - - - - - - - - - - - - 2,087 43,634 - - 11,150 - 3,311 - - - 21,549 162,571 5,100 1,765,800 12,382 3,695,939 - - - - - - 43,812 87,147 - - - - - - - - - - - - 4,839 - - - - - - - - - - - - - 165,229 5,193,722 - - - 636,132 - - - - - - - - - - - - - - - - - - - - 43,812 87,147 4,839 636,132 165,229 5,193,722 (22,263) 75,424 261 1,129,668 (152,847) (1,497,783) - - - 20,000 400,000 - - - (2,300) (173,134) - - - - (2,300) (153,134) 400,000 - (22,263) 75,424 (2,039) 976,534 247,153 (1,497,783) 76,084 113,540 17,095 4,109,895 428,270 3,521,660 $53,821 $188,964 $15,056 $5,086,429 $675,423 $2,023,877 Capital Projects 136 Page 4 of 5 City of Eden Prairie, Minnesota Combining Statement of Revenues, Expenditures, and Changes in Fund Balances Nonmajor Governmental Funds For the Year Ended December 31, 2022 REVENUES General Property Taxes Special Assessments Licenses and Permits Intergovernmental Revenue Charges for Services Fines and Forfeits Investment Income Lease Income Rental Other Contributions and Donations Miscellaneous Total Revenues EXPENDITURES Current Community Development Police Public Works Parks and Recreation Capital Outlay Administration Public Works Parks and Recreation Debt Service Principal Interest Fiscal Agent Fees Total Expenditures Excess of Revenues Over (Under) Expenditures OTHER FINANCING SOURCES (USES) Transfers In Transfers Out Total Other Financing Sources (Uses) Net Change in Fund Balances Fund Balances (Deficit) - Beginning Fund Balances (Deficit) - Ending Economic Development Project Tree Cable Fund Fund HRA Replacement Transportation PEG $- $2,750,448 $197,936 $- $- $- - - - - 18,983 - - - - - - 79,111 885,000 - - - - - - - - - - - - - - - - - (50,870) (76,189) (5,005) (4,860) (21,055) (4,743) 13,395 - - - - - 78,134 - - - - - - - - 113,942 - - 78,626 - - - 1,577 - 1,004,285 2,674,259 192,931 109,082 (495) 74,368 - 2,574,961 192,018 - - - - - - - - - - - - - - - - - - - - - - - - - - 53,706 961,630 - - - 182,581 - - - - - - - 47,170 - - - - - 626 - - - - - - - - - - - 1,009,426 2,574,961 192,018 - 182,581 53,706 (5,141) 99,298 913 109,082 (183,076) 20,662 - - - - - - - - - - (289,238) - - - - - (289,238) - (5,141) 99,298 913 109,082 (472,314) 20,662 3,507,732 5,349,999 314,077 213,645 1,129,572 280,835 $3,502,591 $5,449,297 $314,990 $322,727 $657,258 $301,497 Capital Projects 137 Page 5 of 5 City of Eden Prairie, Minnesota Combining Statement of Revenues, Expenditures, and Changes in Fund Balances Nonmajor Governmental Funds For the Year Ended December 31, 2022 REVENUES General Property Taxes Special Assessments Licenses and Permits Intergovernmental Revenue Charges for Services Fines and Forfeits Investment Income Lease Income Rental Other Contributions and Donations Miscellaneous Total Revenues EXPENDITURES Current Community Development Police Public Works Parks and Recreation Capital Outlay Administration Public Works Parks and Recreation Debt Service Principal Interest Fiscal Agent Fees Total Expenditures Excess of Revenues Over (Under) Expenditures OTHER FINANCING SOURCES (USES) Transfers In Transfers Out Total Other Financing Sources (Uses) Net Change in Fund Balances Fund Balances (Deficit) - Beginning Fund Balances (Deficit) - Ending Cemetery Total Homeowners Duck Lake Perpetual Nonmajor Improvements Road Dell Care Governmental Area Reconstruction Road Total Fund Funds $- $- $- $2,948,384 $- $4,127,159 10,353 - - 48,486 - 606,809 - - - 3,335,913 - 3,335,913 - 5,281,481 - 6,839,052 - 7,711,329 - - - 1,805,472 9,620 1,927,572 - - - 925 - 925 30 4,418 217 (309,818) (3,782) (356,144) - - - 13,395 - 13,395 - - - 78,134 - 78,134 - - - 159,663 - 160,163 - 470,000 - 564,664 - 710,292 10,383 5,755,899 217 15,484,270 5,838 18,315,547 - - - 2,766,979 - 3,409,570 - - - 130,959 - 274,033 - - - - - 77,737 - - - 4,839 340 49,062 - - - 53,706 - 53,706 - 4,092,635 34,799 10,630,596 - 10,630,596 - - - 636,132 - 636,132 - - - 47,170 - 1,753,170 - - - 626 - 89,539 - - - - - 6,688 - 4,092,635 34,799 14,271,007 340 16,980,233 10,383 1,663,264 (34,582) 1,213,263 5,498 1,335,314 - 2,300,000 - 2,720,000 - 2,720,000 - - (34,963) (499,635) - (499,635) - 2,300,000 (34,963) 2,220,365 - 2,220,365 10,383 3,963,264 (69,545) 3,433,628 5,498 3,555,679 (3,227) 665,849 - 19,725,026 208,594 21,992,394 $7,156 $4,629,113 $(69,545) $23,158,654 $214,092 $25,548,073 Permanent FundCapital Projects 138 City of Eden Prairie, Minnesota Internal Service Funds Internal Service Funds Internal service funds are used to account for the financing of goods or services provided by one department or agency to other departments or agencies of the government and to other government units, on a cost reimbursement basis. Health & Benefits – This fund accounts for the activities pertaining to health, dental, life and disability insurance. This fund also accounts for the employer’s portion of pension, FICA and medicare contributions. Severance – This fund accounts for the payment of unused personal time off for governmental fund employees. Workers Compensation – This fund accounts for the costs associated with workers’ compensation. Revenues are primarily charges to other funds, interest earnings and insurance checks. Expenditures will consist of insurance premiums. Property Insurance – This fund accounts for the costs associated with the City’s property and casualty insurance program. Revenues are primarily charges to other funds and interest earnings. Expenditures will consist of insurance premiums. Facilities – This fund accounts for the costs associated with maintaining city owned buildings. Revenues are primarily charges to other funds, rental income, and interest earnings. Fleet – These funds account for the costs associated with maintaining and purchasing vehicles and equipment for the City. Revenues are primarily charges to other funds and interest earnings. Information Technology – These funds account for the provision of information technology services including infrastructure and applications. Revenues are primarily charges to other funds and interest earnings. 139 City of Eden Prairie, Minnesota Internal Service Funds Combining Statement of Net Position December 31, 2022 Health &Workers Property Benefits Severance Compensation Insurance ASSETS Current Assets Cash and Investments $1,858,394 $1,396,679 $57,941 $286,191 Receivables Accounts 8,941 - - - Investment Interest 6,052 4,168 347 886 Lease Receivable Interest - - - - Due From Other Governments 8,378 - - - Inventory - - - - Prepaid Items 26,715 - 176,270 139,997 Total Current Assets 1,908,480 1,400,847 234,558 427,074 Noncurrent Assets: Lease Receivable - - - - Capital Assets Not Being Depreciated or Amortized Work in Progress - - - - Depreciated or Amortized Property, Plant and Equipment - - - - Leased Building/Equipment - - - - Less Accumulated Depreciation/Amortization - - - - Total Noncurrent Assets - - - - Total Assets 1,908,480 1,400,847 234,558 427,074 DEFERRED OUTFLOWS OF RESOURCES Other Post Employment Benefits 923,561 - 96 96 Total Deferred Outflows of Resources 923,561 - 96 96 Total Assets and Deferred Outflows of Resources $2,832,041 $1,400,847 $234,654 $427,170 LIABILITIES Current Liabilities: Accounts Payable $25,478 $- $- $1,000 Salaries Payable - 5,358 1,673 1,673 Lease Interest Payable - - - - Due to Other Governments 210,559 - - - Unearned Revenue - - - - Current Lease Liability Payable - - - - Current Portion of Compensated Absences - 1,144,701 - - Total Current Liabilities 236,037 1,150,059 1,673 2,673 Noncurrent Liabilities: Total Other Postemployment Benefits Liability 3,162,218 - 608 609 Lease Liability Payable - - - - Compensated Absences - 1,232,043 - - Total Noncurrent Liabilities 3,162,218 1,232,043 608 609 Total Liabilities 3,398,255 2,382,102 2,281 3,282 DEFERRED INFLOWS OF RESOURCES Other Postemployment Benefits 471,612 - 50 50 Deferred Inflow of Resource Related to Lease Receivable - - - - Total Deferred Inflows of Resources 471,612 - 50 50 Total Liabilities and Deferred Inflows of Resources 3,869,867 2,382,102 2,331 3,332 NET POSITION Net Investment in Capital Assets - - - - Unrestricted (1,037,826) (981,255) 232,323 423,838 Total Net Position (1,037,826) (981,255) 232,323 423,838 Total Liabilities and Deferred Inflows of Resources $2,832,041 $1,400,847 $234,654 $427,170 and Net Position 140 City of Eden Prairie, Minnesota Internal Service Funds Combining Statement of Net Position December 31, 2022 ASSETS Current Assets Cash and Investments Receivables Accounts Investment Interest Lease Receivable Interest Due From Other Governments Inventory Prepaid Items Total Current Assets Noncurrent Assets: Lease Receivable Capital Assets Not Being Depreciated or Amortized Work in Progress Depreciated or Amortized Property, Plant and Equipment Leased Building/Equipment Less Accumulated Depreciation/Amortization Total Noncurrent Assets Total Assets DEFERRED OUTFLOWS OF RESOURCES Other Post Employment Benefits Total Deferred Outflows of Resources Total Assets and Deferred Outflows of Resources LIABILITIES Current Liabilities: Accounts Payable Salaries Payable Lease Interest Payable Due to Other Governments Unearned Revenue Current Lease Liability Payable Current Portion of Compensated Absences Total Current Liabilities Noncurrent Liabilities: Total Other Postemployment Benefits Liability Lease Liability Payable Compensated Absences Total Noncurrent Liabilities Total Liabilities DEFERRED INFLOWS OF RESOURCES Other Postemployment Benefits Deferred Inflow of Resource Related to Lease Receivable Total Deferred Inflows of Resources Total Liabilities and Deferred Inflows of Resources NET POSITION Net Investment in Capital Assets Unrestricted Total Net Position Total Liabilities and Deferred Inflows of Resources and Net Position Information Facilities Fleet Technology Total $3,807,322 $4,639,068 $1,579,447 $13,625,042 10,746 1,937 4,158 25,782 13,030 13,514 4,265 42,262 1,000 - - 1,000 20,728 - - 29,106 - 187,671 - 187,671 39 1,500 276,953 621,474 3,852,865 4,843,690 1,864,823 14,532,337 33,102 - - 33,102 - 341,420 33,313 374,733 3,545,070 10,041,760 762,255 14,349,085 - - 116,896 116,896 (1,271,553) (6,932,631) (659,822) (8,864,006) 2,306,619 3,450,549 252,642 6,009,810 6,159,484 8,294,239 2,117,465 20,542,147 10,587 9,703 5,362 949,405 10,587 9,703 5,362 949,405 $6,170,071 $8,303,942 $2,122,827 $21,491,552 $442,552 $95,426 $132,009 $696,465 40,434 17,535 23,903 90,576 - - 276 276 - 2,025 700 213,284 635 - - 635 - - 22,838 22,838 - - - 1,144,701 483,621 114,986 179,726 2,168,775 37,982 41,655 13,830 3,256,902 - - 75,603 75,603 - - - 1,232,043 37,982 41,655 89,433 4,564,548 521,603 156,641 269,159 6,733,323 5,401 4,934 2,731 484,778 32,247 - - 32,247 37,648 4,934 2,731 517,025 559,251 161,575 271,890 7,250,348 2,273,517 3,450,549 154,201 5,878,267 3,337,303 4,691,818 1,696,736 8,362,937 5,610,820 8,142,367 1,850,937 14,241,204 $6,170,071 $8,303,942 $2,122,827 $21,491,552 141 City of Eden Prairie, Minnesota Internal Service Funds Combining Statement of Revenues Expenses and Changes in Net Position For the Year Ended December 31, 2022 Health &Workers Property Benefits Severance Compensation Insurance OPERATING REVENUE Charges for Services $6,878,525 $219,586 $766,111 $771,030 Rental - - - - Lease Interest Income - - - - Total Operating Revenues 6,878,525 219,586 766,111 771,030 OPERATING EXPENSE Personnel Services 6,845,379 122,568 57,789 57,788 Supplies Supplies - - - - Cleaning Supplies - - - - Motor Fuel - - - - Tires - - - - Repair and Maintenance Supplies - - - - Contractual Services Contractual Services 15,466 - 939,753 709,352 Software - - - - Janitorial Services - - - - Licenses, Permits, Taxes - - - - Repair and Maintenance - - - - Utilities - - - - User Charges - - - - Capital Under $25,000 - - - - Total Operating Expenses 6,860,845 122,568 997,542 767,140 Operating Income (Loss) Before Depreciation/Amortization 17,680 97,018 (231,431) 3,890 Depreciation/Amortization - - - - Operating Income (Loss) Before Nonoperating Revenue / Expense 17,680 97,018 (231,431) 3,890 NONOPERATING REVENUE (EXPENSE) Grants - - - - Investment Income (35,613) (25,262) (2,468) (5,262) Lease Interest Expense - - - - Gain/(Loss) on Disposition of Capital Assets - - - - Contributions - - - - Miscellaneous 9,870 - 108,165 - Total Nonoperating Revenues (Expenses)(25,743) (25,262) 105,697 (5,262) Change in Net Position (8,063) 71,756 (125,734) (1,372) Net Position - Beginning (1,029,763) (1,053,011) 358,057 425,210 Net Position - Ending $(1,037,826) $(981,255) $232,323 $423,838 142 City of Eden Prairie, Minnesota Internal Service Funds Combining Statement of Revenues Expenses and Changes in Net Position For the Year Ended December 31, 2022 OPERATING REVENUE Charges for Services Rental Lease Interest Income Total Operating Revenues OPERATING EXPENSE Personnel Services Supplies Supplies Cleaning Supplies Motor Fuel Tires Repair and Maintenance Supplies Contractual Services Contractual Services Software Janitorial Services Licenses, Permits, Taxes Repair and Maintenance Utilities User Charges Capital Under $25,000 Total Operating Expenses Operating Income (Loss) Before Depreciation/Amortization Depreciation/Amortization Operating Income (Loss) Before Nonoperating Revenue / Expense NONOPERATING REVENUE (EXPENSE) Grants Investment Income Lease Interest Expense Gain/(Loss) on Disposition of Capital Assets Contributions Miscellaneous Total Nonoperating Revenues (Expenses) Change in Net Position Net Position - Beginning Net Position - Ending Information Facilities Fleet Technology Total $5,559,749 $3,035,562 $3,194,079 $20,424,642 847,308 - - 847,308 1,090 - - 1,090 6,408,147 3,035,562 3,194,079 21,273,040 1,178,306 604,168 733,302 9,599,300 6,468 64,562 5,962 76,992 116,281 - - 116,281 10,828 484,393 - 495,221 - 83,917 - 83,917 563,656 329,568 - 893,224 1,742,268 19,546 147,851 3,574,236 - - 1,605,732 1,605,732 886,471 - - 886,471 190,443 3,799 - 194,242 - 332,269 - 332,269 1,724,757 3,784 190,190 1,918,731 21,606 - - 21,606 285,774 26,023 251,124 562,921 6,726,858 1,952,029 2,934,161 20,361,143 (318,711) 1,083,533 259,918 911,897 79,871 815,542 117,518 1,012,931 (398,582) 267,991 142,400 (101,034) 103,645 - - 103,645 (77,791) (79,410) (24,933) (250,739) - - (2,873) (2,873) - 56,477 - 56,477 22,000 - - 22,000 18,320 38,912 21,529 196,796 66,174 15,979 (6,277) 125,306 (332,408) 283,970 136,123 24,272 5,943,228 7,858,397 1,714,814 14,216,932 $5,610,820 $8,142,367 $1,850,937 $14,241,204 143 City of Eden Prairie, Minnesota Internal Service Funds Combining Statement of Cash Flows For the Year Ended December 31, 2022 Health &Workers Property Benefits Severance Compensation Insurance CASH FLOWS FROM OPERATING ACTIVITIES Receipts From Customers $6,880,386 $219,586 $766,111 $771,030 Payments to Vendors (69,118) - (986,900) (726,898) Payments to Employees (6,757,056) (133,112) (57,730) (57,729) Other Receipts - - - - Net Cash Provided (Used) By Operating Activities 54,212 86,474 (278,519) (13,597) CASH FLOWS FROM INVESTING ACTIVITIES Investment Income (35,890) (24,691) (2,013) (5,268) Net Cash Provided (Used) By Investing Activities (35,890) (24,691) (2,013) (5,268) CASH FLOWS FROM NONCAPITAL FINANCING ACTIVITIES Grants - - - - Miscellaneous 9,870 - 108,165 - Net Cash Provided (Used) By Noncapital Financing Activities 9,870 - 108,165 - CASH FLOWS FROM CAPITAL AND RELATED FINANCING ACTIVITES Acquisition and Construction of Capital Assets - - - - Proceeds From Sale of Equipment - - - - Principal Paid on Debt - - - - Interest and Fiscal Agent Paid on Debt - - - - Net Cash Provided (Used) By Capital and Related Financing Activities - - - - Net Increase (Decrease) in Cash and Cash Equivalents 28,192 61,783 (172,367) (18,865) Cash and Cash Equivalents, January 1 1,830,202 1,334,896 230,308 305,056 Cash and Cash Equivalents, December 31 $1,858,394 $1,396,679 $57,941 $286,191 144 City of Eden Prairie, Minnesota Internal Service Funds Combining Statement of Cash Flows For the Year Ended December 31, 2022 CASH FLOWS FROM OPERATING ACTIVITIES Receipts From Customers Payments to Vendors Payments to Employees Other Receipts Net Cash Provided (Used) By Operating Activities CASH FLOWS FROM INVESTING ACTIVITIES Investment Income Net Cash Provided (Used) By Investing Activities CASH FLOWS FROM NONCAPITAL FINANCING ACTIVITIES Grants Miscellaneous Net Cash Provided (Used) By Noncapital Financing Activities CASH FLOWS FROM CAPITAL AND RELATED FINANCING ACTIVITES Acquisition and Construction of Capital Assets Proceeds From Sale of Equipment Principal Paid on Debt Interest and Fiscal Agent Paid on Debt Net Cash Provided (Used) By Capital and Related Financing Activities Net Increase (Decrease) in Cash and Cash Equivalents Cash and Cash Equivalents, January 1 Cash and Cash Equivalents, December 31 Page 1 of 2 Information Facilities Fleet Technology Total $5,532,330 $3,034,936 $3,189,921 $20,394,300 (5,735,026) (1,389,170) (2,237,958) (11,145,070) (1,171,254) (602,477) (729,609) (9,508,967) 846,540 - - 846,540 (527,410) 1,043,289 222,354 586,803 (77,335) (80,365) (25,378) (250,940) (77,335) (80,365) (25,378) (250,940) 103,645 - - 103,645 40,320 38,912 21,529 218,796 143,965 38,912 21,529 322,441 (153,052) (527,990) (15,722) (696,764) - 66,100 - 66,100 - - (18,456) (18,456) - - (2,596) (2,596) (153,052) (461,890) (36,774) (651,716) (613,832) 539,946 181,731 6,588 4,421,154 4,099,122 1,397,716 13,618,454 $3,807,322 $4,639,068 $1,579,447 $13,625,042 145 Internal Service Funds Combining Statement of Cash Flows For the Year Ended December 31, 2022 Health &Workers Property Benefits Severance Compensation Insurance RECONCILIATION OF OPERATING INCOME (LOSS) TO NET CASH PROVIDED (USED) BY OPERATING ACTIVITIES: Operating Income (Loss)$17,680 $97,018 $(231,431) $3,890 Adjustments to Reconcile Operating Income (Loss) to Net Cash Provided (Used) by Operating Activities: Depreciation/Amortization - - - - (Increase) Decrease in Assets: Accounts Receivable 1,861 - - - Lease Receivable - - - - Special Assessments Receivable - - - - Due From Other Governments (6,687) - - - Inventory - - - - Prepaid Items (26,715) - (47,147) (12,936) Other Post Employment Benefits (540,854) - (64) (64) Increase (Decrease) in Liabilities: Accounts Payable (29,061) - - (4,610) Salaries Payable - 5,358 49 49 Unearned Revenue - - - - Due to Other Governments 8,811 - - - Other Post Employment Benefits 629,177 - 74 74 Compensated Absences - (15,902) - - Net Cash Provided (Used) by Operating Activities $54,212 $86,474 $(278,519) $(13,597) 146 Internal Service Funds Combining Statement of Cash Flows For the Year Ended December 31, 2022 RECONCILIATION OF OPERATING INCOME (LOSS) TO NET CASH PROVIDED (USED) BY OPERATING ACTIVITIES: Operating Income (Loss) Adjustments to Reconcile Operating Income (Loss) to Net Cash Provided (Used) by Operating Activities: Depreciation/Amortization (Increase) Decrease in Assets: Accounts Receivable Lease Receivable Special Assessments Receivable Due From Other Governments Inventory Prepaid Items Other Post Employment Benefits Increase (Decrease) in Liabilities: Accounts Payable Salaries Payable Unearned Revenue Due to Other Governments Other Post Employment Benefits Compensated Absences Net Cash Provided (Used) by Operating Activities Page 2 of 2 Information Facilities Fleet Technology Total $(398,582) $267,991 $142,400 $(101,034) 79,871 815,542 117,518 1,012,931 33,654 (626) (4,158) 30,731 (1,858) - - (1,858) - - - - (20,728) - - (27,415) - (36,173) - (36,173) (39) - (73,919) (160,756) (5,936) (4,500) (3,148) (554,566) (165,347) (5,536) 38,710 (165,844) 6,082 957 3,179 15,674 (61,073) - - (61,073) (360) 400 (1,890) 6,961 6,906 5,234 3,662 645,127 - - - (15,902) $(527,410) $1,043,289 $222,354 $586,803 147 This page is intentionally left blank 148 City of Eden Prairie, Minnesota Custodial Funds Custodial Funds Custodial funds are used to account for assets held by the government as an agent for individuals, private organizations, other governments, or other funds. WAFTA – This fund accounts for the collection and remittance of expenses pertaining to the fire training facility owned by 11 member cities. MCES - This fund accounts for the collection and remittance of sewer availability charges to the Metropolitan Council Environmental Services. Escrow - This fund is used to account for evidence held by the Police Department. I-494 Corridor Commission – This fund accounts for the collection and remittance of expenses pertaining to the policy work and employer and commuter outreach performed by staff of the I-494 Corridor Commission. The Commission is funded by member cities, a federal Congestion Mitigation & Air Quality grant, and a Telework state grant. 149 City of Eden Prairie, Minnesota Fiduciary Funds Statement of Fiduciary Net Position December 31, 2022 Custodial Funds WAFTA MCES Escrow I-494 Total ASSETS Cash and Investments $340,656 $4,970 $17,914 $242,187 $605,727 Due from Other Governments - - - 64,053 64,053 Prepaids - - - 6,433 6,433 Total Assets $340,656 $4,970 $17,914 $312,673 $676,213 LIABILITIES Accounts Payable $- $- $- $2,038 $2,038 Due to Other Governments - 4,970 - - 4,970 Total Liabilities $- $4,970 $- $2,038 $7,008 NET POSITION Restricted For: Police Evidence Cash $- $- $17,914 $- $17,914 Western Area Fire Training Costs 340,656 - - - 340,656 I-494 Corridior Commission Costs - - - 310,635 310,635 $340,656 $- $17,914 $310,635 $669,205 150 City of Eden Prairie, Minnesota Fiduciary Funds Statement of Changes in Fiduciary Net Position For the Year Ended December 31, 2022 Custodial Funds WAFTA MCES Escrow I-494 Total ADDITIONS Grants $- $- $- $303,468 $303,468 Memberships 22,000 - - 158,178 180,178 Investments Earnings 9,824 - - 10,451 20,275 Building Permits - 976,605 - - 976,605 Customers Deposits - - - - - Other - - - 67 67 Total Additions 31,824 976,605 - 472,164 1,480,593 DEDUCTIONS Personnel Services - - - 407,681 407,681 Supplies - - - 21,826 21,826 Contractual Services 929 976,605 1,357 160,588 1,139,479 Total Deductions 929 976,605 1,357 590,095 1,568,986 Net Increase (Decrease) in Fiduciary Net Position 30,895 - (1,357) (117,931)(88,393) Net Position - Beginning 309,761 - 19,271 428,566 757,598 Net Position - Ending $340,656 $- $17,914 $310,635 $669,205 151 This page is intentionally left blank 152 STATISTICAL SECTION 153 City of Eden Prairie, Minnesota Statistical Section (Unaudited) This part of the City of Eden Prairie’s annual comprehensive financial report presents detailed information as a context for understanding this year’s financial statements, note disclosures, and supplementary information. This information has not been audited by the independent auditor. Contents Page Financial Trends .................................................................................................................................................... 155-160 These tables contain trend information that may assist the reader in assessing the City’s current financial performance by placing it in historical perspective. Revenue Capacity ........................................................................................................................................... 161-164 These tables contain information that may assist the reader in assessing the viability of the City’s most significant “own-source” revenue, the property tax. Debt Capacity .......................................................................................................................................................... 165-168 These tables present information that may assist the reader in analyzing the affordability of the City’s current levels of outstanding debt and the City’s ability to issue additional debt in the future. Demographic and Economic Information ................................................................................................... 169-170 These tables offer economic and demographic indicators that are commonly used for financial analysis and that can increase one’s understanding of the City’s present and ongoing financial status. Operating Information ........................................................................................................................................ 171-173 These tables contain service and infrastructure indicators that can increase one’s understanding of how the information in the City’s financial statements relates to the services the City provides and the activities it performs. Source: Unless otherwise noted, the information in these tables is derived from the annual comprehensive financial reports for the relevant year. 154 City of Eden Prairie, Minnesota Government-wide Net Position by Category (accrual basis of accounting) Last Ten Years 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 GOVERNMENTAL ACTIVITIES Net Investment in Capital Assets $177,981,232 $181,975,764 $189,217,647 $191,675,648 $195,150,960 $198,061,704 $204,564,164 $207,181,863 $209,098,130 $212,853,068 Restricted 6,175,774 13,773,554 23,112,719 26,405,621 23,186,863 28,343,449 20,531,807 18,319,451 16,430,792 16,290,155 Unrestricted 57,276,140 60,341,383 31,911,221 21,694,457 29,707,881 29,069,260 33,229,904 44,514,934 59,396,843 65,028,175 Governmental Activities Net Position 241,433,146 256,090,701 244,241,587 239,775,726 248,045,704 255,474,413 258,325,875 270,016,248 284,925,765 294,171,398 BUSINESS-TYPE ACTIVITIES Net Investment in Capital Assets 132,801,426 131,144,305 128,130,738 125,479,624 121,073,703 116,820,164 114,243,631 120,560,158 114,898,693 105,257,847 Unrestricted 15,634,317 14,438,525 14,792,266 16,155,406 19,142,578 22,590,071 25,296,848 22,267,651 27,910,252 33,151,502 Business-Type Activities Net Position 148,435,743 145,582,830 142,923,004 141,635,030 140,216,281 139,410,235 139,540,479 142,827,809 142,808,945 138,409,349 PRIMARY GOVERNMENT Net Investment in Capital Assets 310,782,658 313,120,069 317,348,385 317,155,272 316,224,663 314,881,868 318,807,795 327,742,021 323,996,823 318,110,915 Restricted 6,175,774 13,773,554 23,112,719 26,405,621 23,186,863 28,343,449 20,531,807 18,319,451 16,430,792 16,290,155 Unrestricted 72,910,457 74,759,133 46,703,487 37,849,863 48,850,459 51,659,331 58,526,752 66,782,585 87,307,095 98,179,677 Primary Government Net Position $389,868,889 $401,652,756 $387,164,591 $381,410,756 $388,261,985 $394,884,648 $397,866,354 $412,844,057 $427,734,710 $432,580,747 155 City of Eden Prairie, Minnesota Changes in Net Position-Total (accrual basis of accounting) Last Ten Years Source 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 EXPENSES Governmental Activities $58,843,210 $57,169,862 $65,402,641 $63,294,429 $60,402,652 $59,821,696 $67,623,543 $60,556,153 $61,204,663 $69,774,367 Business-type Activities 29,692,124 29,820,423 27,924,045 30,170,309 28,922,085 30,324,121 30,033,843 30,124,648 33,758,571 36,179,924 Total Expenses 88,535,334 86,990,285 93,326,686 93,464,738 89,324,737 90,145,817 97,657,386 90,680,801 94,963,234 105,954,291 PROGRAM REVENUES Governmental Activities 16,622,065 33,865,654 31,911,922 18,955,697 19,086,961 23,707,803 26,795,160 26,013,884 29,841,902 29,137,248 Business-type Activities 32,870,365 28,335,144 27,330,069 29,392,647 28,144,288 30,391,136 29,543,322 33,416,255 35,519,042 36,810,235 Total Program Revenues 49,492,430 62,200,798 59,241,991 48,348,344 47,231,249 54,098,939 56,338,482 59,430,139 65,360,944 65,947,483 Net (Expense) Revenue (39,042,904) (24,789,487) (34,084,695) (45,116,394) (42,093,488) (36,046,878) (41,318,904) (31,250,662) (29,602,290) (40,006,808) GENERAL REVENUES AND TRANSFERS Governmental Activities 38,467,292 37,961,763 37,694,597 39,872,871 41,618,266 43,542,602 43,679,845 46,232,642 46,272,278 49,882,752 Business-type Activities (1,241,335) (1,367,634) 336,534 (510,312) (640,952) (873,061) 620,765 (4,277) (1,779,335) (5,029,907) Total General Revenues and Transfers 37,225,957 36,594,129 38,031,131 39,362,559 40,977,314 42,669,541 44,300,610 46,228,365 44,492,943 44,852,845 Change in Net Position $(1,816,947) $11,804,642 $3,946,436 $(5,753,835) $(1,116,174) $6,622,663 $2,981,706 $14,977,703 $14,890,653 $4,846,037 156 City of Eden Prairie, Minnesota Changes in Net Position-Governmental Activities (accrual basis of accounting) Last Ten Years SOURCES 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 EXPENSES Administration $5,854,425 $4,921,044 $5,579,070 $5,003,957 $4,611,732 $5,092,886 $4,827,249 $5,554,966 $4,679,960 $5,751,886 Community Development 5,678,694 5,368,762 7,730,338 5,692,215 6,222,326 4,942,029 4,771,490 4,767,416 5,198,300 5,986,996 Police 12,846,206 13,534,150 14,118,565 17,793,494 15,769,976 14,365,502 15,021,975 15,189,099 14,150,218 17,956,084 Fire 5,724,342 6,093,772 6,324,124 7,542,196 6,896,697 6,406,404 7,191,071 6,131,926 6,474,736 5,689,004 Public Works 16,288,862 13,321,459 17,652,163 11,035,229 10,616,604 10,098,667 19,518,141 14,981,533 14,706,067 16,584,584 Parks and Recreation 11,113,811 12,947,006 12,862,402 15,133,618 15,274,479 18,008,795 15,458,406 13,135,532 15,218,460 17,931,630 Interest on Long Term Debt 1,336,870 983,669 1,135,979 1,093,720 1,010,838 907,413 835,211 795,681 776,922 (125,817) Total Expenses 58,843,210 57,169,862 65,402,641 63,294,429 60,402,652 59,821,696 67,623,543 60,556,153 61,204,663 69,774,367 PROGRAM REVENUES Charges for Services Administration 1,176,919 1,314,271 1,132,606 1,442,068 1,173,177 1,079,151 1,052,388 982,079 1,109,882 897,992 Community Development 122,263 73,929 93,195 152,708 127,248 161,918 180,443 142,353 124,707 85,127 Police 1,223,836 1,130,020 1,063,129 1,131,502 1,039,936 1,115,447 1,103,269 847,564 989,466 1,022,601 Fire 4,236,114 3,502,952 2,571,830 2,315,725 2,240,351 3,505,901 3,580,095 3,609,503 4,696,599 3,948,568 Public Works 497,720 411,144 975,701 330,709 218,292 274,679 1,070,746 329,277 214,521 336,140 Parks and Recreation 5,005,917 5,187,195 5,229,060 5,513,331 6,091,247 5,854,094 6,004,835 2,445,386 5,559,244 7,052,917 Operating Grants and Contributions 1,459,859 1,741,945 1,818,333 1,614,263 1,707,453 2,457,482 2,461,663 7,376,216 6,509,714 6,798,808 Capital Grants and Contributions 2,899,437 20,504,198 19,028,068 6,455,391 6,489,257 9,259,131 11,341,721 10,281,506 10,637,769 8,995,095 Total Program Revenues 16,622,065 33,865,654 31,911,922 18,955,697 19,086,961 23,707,803 26,795,160 26,013,884 29,841,902 29,137,248 Net (Expense) Revenue (42,221,145) (23,304,208) (33,490,719) (44,338,732) (41,315,691) (36,113,893) (40,828,383) (34,542,269) (31,362,761) (40,637,119) GENERAL REVENUES AND TRANSFERS Taxes Property Taxes 32,674,010 32,781,740 33,708,909 34,217,549 35,405,930 37,338,583 38,203,969 39,864,882 40,478,282 43,333,223 Tax Increment 3,535,459 3,070,936 3,249,355 3,357,247 3,570,703 2,320,447 1,936,046 2,193,637 2,681,357 2,750,448 Gain (Loss) on Sale of Capital Assets - - - - - - - - - - Grants and Contributions Not Restricted to Specific Programs 862,288 483,914 741,828 1,268,257 1,545,745 1,644,788 1,718,391 1,788,293 1,836,431 971,536 Investment Income 137,890 210,373 272,989 418,849 334,305 988,382 1,747,241 1,651,912 (335,188) (1,511,717) Transfers 1,257,645 1,414,800 (278,484) 610,969 761,583 1,250,402 74,198 733,918 1,611,396 4,339,262 Total General Revenues and Transfers 38,467,292 37,961,763 37,694,597 39,872,871 41,618,266 43,542,602 43,679,845 46,232,642 46,272,278 49,882,752 Change in Net Position $(3,753,853) $14,657,555 $4,203,878 $(4,465,861) $302,575 $7,428,709 $2,851,462 $11,690,373 $14,909,517 $9,245,633 157 City of Eden Prairie, Minnesota Changes in Net Position-Business-type Activities (accrual basis of accounting) Last Ten Years SOURCE 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 EXPENSES Water $9,564,793 $9,856,001 $8,905,768 $10,526,151 $9,686,669 $10,460,599 $9,708,148 $9,481,491 $12,433,736 $13,549,136 Wastewater 6,532,297 6,403,264 6,565,966 7,407,149 6,913,276 7,469,070 7,678,652 7,496,256 7,504,396 8,375,360 Stormwater 2,420,535 2,545,818 2,082,594 1,793,588 2,437,573 2,351,367 2,413,725 2,538,257 2,894,253 3,170,444 Liquor 11,174,499 11,015,340 10,369,717 10,443,421 9,884,567 10,043,085 10,233,318 10,608,644 10,926,186 11,084,984 Total Expenses 29,692,124 29,820,423 27,924,045 30,170,309 28,922,085 30,324,121 30,033,843 30,124,648 33,758,571 36,179,924 PROGRAM REVENUES Charges for Services Water 9,659,385 7,315,328 7,162,740 7,675,337 7,846,540 8,422,155 7,699,582 8,987,364 10,682,945 11,008,837 Wastewater 6,265,514 5,566,951 5,661,990 5,789,584 5,863,517 6,356,014 6,726,548 6,895,764 7,460,750 7,517,471 Stormwater 1,499,405 1,656,817 1,933,572 2,095,629 2,400,254 2,786,754 3,125,251 3,376,785 3,631,369 3,770,562 Liquor 12,404,920 12,216,404 11,312,822 10,747,887 10,501,449 10,848,725 10,977,643 11,711,560 11,923,359 12,067,226 Operating Grants and Contributions - 131,600 133,195 155,041 238,392 20,665 69,429 117,123 68,185 107,493 Capital Grants and Contributions 3,041,141 1,448,044 1,125,750 2,929,169 1,294,136 1,956,823 944,869 2,327,659 1,752,434 2,338,646 Total Program Revenues 32,870,365 28,335,144 27,330,069 29,392,647 28,144,288 30,391,136 29,543,322 33,416,255 35,519,042 36,810,235 Net (Expense) Revenue 3,178,241 (1,485,279) (593,976) (777,662) (777,797) 67,015 (490,521) 3,291,607 1,760,471 630,311 GENERAL REVENUES AND TRANSFERS Grants and Contributions Not Restricted - - - - - - - - - - to Specific Programs Investment Income 16,310 47,166 58,050 100,657 120,631 377,341 694,963 729,641 (167,939) (690,645) Transfers (1,257,645) (1,414,800) 278,484 (610,969) (761,583) (1,250,402) (74,198) (733,918) (1,611,396) (4,339,262) Total General Revenues and Transfers (1,241,335) (1,367,634) 336,534 (510,312) (640,952) (873,061) 620,765 (4,277) (1,779,335) (5,029,907) Change in Net Position $1,936,906 $(2,852,913) $(257,442) $(1,287,974) $(1,418,749) $(806,046) $130,244 $3,287,330 $(18,864) $(4,399,596) 158 City of Eden Prairie, Minnesota Fund Balances-Governmental Funds Last Ten Years 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 GENERAL FUND Nonspendable $24,702 $39,844 $22,947 $35,792 $30,037 $103,845 $69,611 $94,824 $187,378 $180,596 Restricted - - - 286,942 - - 11,148 10,572 - - Unassigned 21,509,541 22,292,187 22,859,810 23,171,318 22,592,160 24,438,689 25,354,724 26,197,429 29,132,535 33,252,089 Subtotal General Fund 21,534,243 22,332,031 22,882,757 23,494,052 22,622,197 24,542,534 25,435,483 26,302,825 29,319,913 33,432,685 General Fund % Change 2.0%3.7% 2.5% 2.7% (3.7%)8.5%3.6%3.4% 11.5% 14.0% ALL OTHER GOV'T FUNDS Nonspendable 538,620 542,619 1,938,628 250,970 250,290 227,197 221,019 227,706 266,408 298,312 Restricted 20,876,780 23,065,276 10,891,614 11,676,546 7,680,713 11,577,849 13,330,982 20,224,326 26,854,736 15,106,171 Assigned 28,275,391 28,510,594 22,935,181 19,799,434 25,270,027 25,215,825 24,996,835 31,958,975 34,757,827 36,717,748 Unassigned (3,859,192) (6,295,915) (6,572,969) (5,110,657) (2,587,713) (4,512,314) (2,218,785) (3,741,963) (2,227,264) (1,458,107) Subtotal All Other Govt' Funds 45,831,599 45,822,574 29,192,454 26,616,293 30,613,317 32,508,557 36,330,051 48,669,044 59,651,707 50,664,124 TOTAL GOVT' FUNDS Nonspendable 563,322 582,463 1,961,575 286,762 280,327 331,042 290,630 322,530 453,786 478,908 Restricted 20,876,780 23,065,276 10,891,614 11,963,488 7,680,713 11,577,849 13,342,130 20,234,898 26,854,736 15,106,171 Assigned 28,275,391 28,510,594 22,935,181 19,799,434 25,270,027 25,215,825 24,996,835 31,958,975 34,757,827 36,717,748 Unassigned 17,650,349 15,996,272 16,286,841 18,060,661 20,004,447 19,926,375 23,135,939 22,455,466 26,905,271 31,793,982 Total Govt' Funds $67,365,842 $68,154,605 $52,075,211 $50,110,345 $53,235,514 $57,051,091 $61,765,534 $74,971,869 $88,971,620 $84,096,809 All Govt' Funds % Change (8.9%)1.2% (23.6%) (3.8%)6.2%7.2%8.3% 21.4% 18.7% (5.5%) 159 City of Eden Prairie, Minnesota Changes in Fund Balances-Governmental Funds (modified accrual basis of accounting) Last Ten Years SOURCE 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 REVENUES Taxes and Special Assessments $38,119,497 $37,189,846 $44,259,324 $41,169,891 $42,262,252 $42,826,126 $42,964,367 $44,264,894 $46,176,740 $46,337,423 Licenses and Permits 7,956,114 7,084,975 6,686,477 6,017,523 5,810,945 7,938,046 9,054,415 8,351,257 9,207,247 8,639,380 Intergovernmental Revenue 1,886,954 8,582,993 6,299,840 2,362,417 7,787,877 2,980,678 14,691,473 10,676,031 11,176,877 13,417,354 Charges for Services 4,532,269 4,841,857 4,864,818 5,325,932 5,744,494 5,976,951 6,132,338 2,464,886 5,680,570 7,128,820 Fines and Forfeits 420,552 406,210 344,384 346,823 347,285 416,028 370,944 231,166 323,965 297,682 Investment Income 140,303 216,895 276,176 417,997 310,433 887,536 1,523,825 1,458,094 (279,195) (1,264,760) Lease Income - - - - - - - - - 88,712 Miscellaneous Revenue 2,265,545 1,647,534 7,098,463 3,249,117 2,835,760 4,853,894 4,684,221 5,166,785 2,519,176 2,113,950 Total Revenues 55,321,234 59,970,310 69,829,482 58,889,700 65,099,046 65,879,259 79,421,583 72,613,113 74,805,380 76,758,561 EXPENDITURES Administration 3,634,004 3,946,531 3,809,732 4,280,665 4,036,821 4,467,514 4,455,624 4,547,110 4,652,491 5,299,977 Community Development 5,661,300 5,224,034 7,666,282 5,536,030 6,102,434 5,143,042 4,762,403 4,975,185 5,399,337 5,822,510 Police 12,696,678 13,079,303 13,704,796 13,917,677 14,183,797 14,672,312 15,354,150 15,537,807 16,332,800 17,306,528 Fire 5,300,536 5,664,111 5,754,747 5,699,308 6,145,202 6,058,619 5,854,829 6,378,338 6,421,157 6,841,419 Public Works 5,685,295 5,915,849 5,869,727 5,929,171 6,194,054 5,997,312 6,010,535 6,090,297 6,207,912 6,640,329 Parks and Recreation 9,949,401 10,255,620 10,571,858 11,008,845 11,309,009 12,176,110 12,629,951 11,137,410 12,360,785 13,684,180 Capital Outlay 13,946,660 21,000,674 31,265,363 15,133,476 8,779,760 9,816,539 24,076,873 13,411,943 12,224,168 14,365,404 Miscellaneous 7,996 25,547 39,283 49,954 40,019 66,154 65,245 98,137 - - Debt Service Principal 3,182,019 3,178,107 3,974,224 3,415,369 5,657,828 3,869,824 3,436,793 3,743,793 4,956,848 2,696,989 Interest 1,480,194 1,127,862 1,304,947 1,148,544 1,068,403 975,631 895,435 815,351 688,156 578,520 Other 8,937 144,530 22,517 66,043 23,500 16,848 10,838 64,875 137,719 8,733 Total Expenditures 61,553,020 69,562,168 83,983,476 66,185,082 63,540,827 63,259,905 77,552,676 66,800,246 69,381,373 73,244,589 Excess of Revenues Over (Under) Expenditures (6,231,786) (9,591,858) (14,153,994) (7,295,382) 1,558,219 2,619,354 1,868,907 5,812,867 5,424,007 3,513,972 Other Financing Sources (Uses)(360,000) 10,380,621 (1,925,400) 5,330,516 1,566,950 1,196,223 2,845,536 7,393,468 8,575,744 (8,388,783) Net Change in Fund Balance $(6,591,786) $788,763 $(16,079,394) $(1,964,866) $3,125,169 $3,815,577 $4,714,443 $13,206,335 $13,999,751 $(4,874,811) Debt Service as a % of Noncapital Expenditures 8.0%7.5%7.9%8.1% 11.4%8.0%6.4%7.2%8.3%4.7% 160 City of Eden Prairie, Minnesota Assessed/Tax Capacity Value and Estimated Market Value of Property Last Ten Years Tax Tax Capacity Less: Less:Total Total Estimated Annual Payable Personal Commercial Farm &Before Fiscal Tax Assessed Direct Market % Dec. 31 Property Residential Apartments & Industrial Other Deductions Disparities Increment Value Tax Rate Value Change 2013 $1,480,936 $59,466,380 $5,959,818 $36,840,974 $51,531 $103,799,639 $14,637,037 $2,990,202 $86,172,400 34.617 $8,483,358,400 (1.9%) 2014 1,536,795 59,699,056 6,723,391 37,928,219 75,620 105,963,081 14,732,733 3,137,785 88,092,563 34.709 8,627,122,700 1.7% 2015 1,581,718 63,907,631 7,045,373 38,765,135 49,597 111,349,454 15,719,259 2,933,721 92,696,474 33.954 9,078,339,200 5.2% 2016 1,659,596 68,205,510 7,667,144 40,928,173 45,052 118,505,475 15,104,618 3,126,571 100,274,286 32.327 9,633,243,700 6.1% 2017 1,778,971 69,180,068 8,887,941 41,710,414 44,200 121,601,594 16,281,768 3,209,405 102,110,421 32.667 9,872,802,500 2.5% 2018 1,317,656 72,149,265 9,758,671 41,957,995 43,813 125,227,400 16,415,817 2,208,824 106,602,759 32.526 10,209,614,900 3.4% 2019 1,995,250 75,815,471 10,394,693 42,523,027 44,602 130,773,043 16,343,594 1,869,603 112,559,846 31.690 10,663,264,100 4.4% 2020 1,947,874 79,500,899 11,243,928 43,474,992 46,519 136,214,212 17,538,211 2,121,042 116,554,959 31.676 11,121,835,000 4.3% 2021 2,051,756 80,291,885 12,786,587 45,576,586 46,926 140,753,740 17,487,960 2,669,795 120,595,985 31.589 11,432,806,600 2.8% 2022 1,161,844 83,981,033 13,846,793 45,217,108 47,063 144,253,841 18,644,565 2,767,772 122,841,504 32.475 11,797,011,500 3.2% 2013 1.4%57.3%5.7%35.5%0.0%17.0%3.5% 2014 1.5%56.3%6.3%35.8%0.1%16.7%3.6% 2015 1.4%57.4%6.3%34.8%0.0%17.0%3.2% 2016 1.4%57.6%6.5%34.5%0.0%15.1%3.1% 2017 1.5%56.9%7.3%34.3%0.0%15.9%3.1% 2018 1.1%57.6%7.8%33.5%0.0%15.4%2.1% 2019 1.5%58.0%7.9%32.5%0.0%14.5%1.7% 2020 1.4%58.4%8.3%31.9%0.0%15.0%1.8% 2021 1.5%57.0%9.1%32.4%0.0%14.5%2.2% 2022 0.8%58.2%9.6%31.3%0.0%15.2%2.3% Source: City Assessing Department and Hennepin County Percentages Tax Capacity 161 City of Eden Prairie, Minnesota Direct and Overlapping Property Tax Rate Last Ten Years Year Total School School School Watershed Watershed Watershed Ended City HRA City Hennepin Special District District District District District District Dec. 31 Rate Rate Rate County Districts (1)#270 #272 #276 #1 #2 #4 2013 34.397 0.220 34.617 49.461 10.089 29.730 29.067 24.487 1.394 0.634 1.561 2014 34.493 0.216 34.709 49.959 10.561 32.358 27.817 24.374 1.490 0.759 1.880 2015 33.749 0.205 33.954 46.398 9.785 30.340 22.030 25.093 1.315 0.686 1.855 2016 32.137 0.190 32.327 45.356 9.530 28.514 20.948 22.887 1.233 0.598 1.745 2017 32.480 0.187 32.667 44.087 9.319 25.611 21.865 22.770 1.257 0.718 1.992 2018 32.348 0.178 32.526 42.808 8.973 29.035 20.525 23.133 1.204 0.659 2.269 2019 31.521 0.169 31.690 41.861 8.550 27.022 20.756 21.209 1.164 0.527 2.204 2020 31.513 0.163 31.676 41.084 8.219 27.190 21.555 21.167 1.111 0.574 2.160 2021 31.432 0.157 31.589 38.210 7.813 26.478 21.717 20.923 1.020 0.550 1.992 2022 32.322 0.153 32.475 38.535 7.849 26.783 20.995 21.002 0.981 0.541 1.968 Year City School School School Ended Direct District District District Dec. 31 Rate #270 #272 #276 2013 0.0146 0.162 0.165 0.246 2014 0.0122 0.197 0.167 0.270 2015 0.0100 0.179 0.244 0.264 2016 0.0091 0.187 0.231 0.301 2017 0.0089 0.180 0.220 0.300 2018 0.0086 0.150 0.229 0.303 2019 0.0080 0.147 0.222 0.340 2020 0.0077 0.162 0.209 0.339 2021 0.0077 0.144 0.201 0.325 2022 0.0077 0.140 0.205 0.312 (1) Special Districts include Metropolitan Council, Regional Transit Board, Metropolitan Mosquito Control, County Park Museum, & Hennepin Suburban Parks Market Value Rates Overlapping Rates Tax Capacity Rates Direct Rates Overlapping Rates 162 City of Eden Prairie, Minnesota Principal Property Taxpayers For the Year Ended December 31, 2022 and 2013 Percentage Percentage Tax of Total Tax of Total Taxpayer Capacity Tax Capacity Taxpayer Capacity Tax Capacity United Healthcare Serv. Inc. (United Healthcare)$2,639,250 1.8%Liberty Property Limited Partnership $2,705,640 2.6% FPACP3 Eden LLC (Arrive Eden Prairie Apts)1,836,263 1.3%Eden Prairie Mall LLC 2,374,250 2.3% WPT Land 2 LP (Kroll Ontrack) 1,713,180 1.2%AGNL Health 797,210 0.8% Reep-MF Fountain PL MN LLC (Fountain Place Apts)1,168,752 0.8%CPE Holding 32607 LLC, Etal 692,690 0.7% Eden Prairie Center LLC ( Eden Prairie Mall)(Part of)1,078,910 0.7%PRIT Core Realty Holdings LLC 635,001 0.6% Virtus Technology MOB LLC 897,190 0.6%United Healthcare Serv Inc 595,900 0.6% RH Eden Prairie LLC (Renew Apts)839,188 0.6%Lifetouch Inc.579,512 0.6% TP Elevate LLC ( Elevate Apts)836,105 0.6%Gelco Corp.553,240 0.5% Park at City West Apartments 700,738 0.5%Windsor Plaza LLC 536,304 0.5% FPACP3 Watertower LLC (Watertower Apts)653,650 0.5%IRET Properties 508,990 0.5% Total Principal Taxpayers 12,363,226 8.6%9,978,737 9.6% All Other Taxpayers 131,890,615 91.4%93,820,902 90.4% Total $144,253,841 100.0%$103,799,639 100.0% Source: City of Eden Prairie Assessing Department 2022 2013 163 City of Eden Prairie, Minnesota Property Tax Levies and Collections Last Ten Years Collected Within the Year Current Year Levy Collections Total Collections to Date Ended Taxes % of in Subsequent % of Dec. 31 Levied Amount Levy Years Amount Levy 2013 $32,749,320 $32,519,542 99.30%$(104,201) $32,415,341 98.98% 2014 33,220,111 32,881,280 98.98% (114,233) 32,767,047 98.64% 2015 33,992,311 33,675,337 99.07% (150,676) 33,524,661 98.62% 2016 34,860,874 34,512,035 99.00% (95,506) 34,416,529 98.73% 2017 35,911,841 35,480,742 98.80% (47,615) 35,433,127 98.67% 2018 37,349,820 37,319,709 99.92% (105,641) 37,214,068 99.64% 2019 38,478,724 38,167,003 99.19% (18,075) 38,148,928 99.14% 2020 39,821,102 39,406,040 98.96% (45,288) 39,360,752 98.84% 2021 41,214,490 40,801,607 99.00% (28,794) 40,772,813 98.93% 2022 43,302,554 42,959,885 99.21%- 42,959,885 99.21% Source: Hennepin County 164 City of Eden Prairie, Minnesota Legal Debt Margin Last Ten Years 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Estimated Market Value $8,483,358,400 $8,627,122,700 $9,078,339,200 $9,633,243,700 $9,872,802,500 $10,209,614,900 $10,663,264,100 $11,121,835,000 $11,432,806,600 $11,797,011,500 Legal Debt Margin: Debt Limit: 3% of Market Value 254,500,752 258,813,681 272,350,176 288,997,311 296,184,075 306,288,447 319,897,923 333,655,050 342,984,198 353,910,345 Amount of Debt Applicable to Debt Limit: General Obligation Bonds 29,464,744 17,906,759 13,499,232 12,036,705 10,648,354 9,211,190 8,191,241 13,227,541 4,891,000 3,673,000 Tax Abatement Bonds - 17,598,269 17,575,537 17,552,806 17,180,074 16,697,342 16,229,610 15,306,879 27,653,135 13,168,934 Deductions: Amt Available for Repayment of Bonds (1)2,650,363 1,715,750 2,032,109 2,303,895 2,336,132 2,296,320 2,682,004 8,730,968 14,651,101 1,407,790 Total Debt Applicable to Limit 26,814,381 33,789,278 29,042,660 27,285,616 25,492,296 23,612,212 21,738,847 19,803,452 17,893,034 15,434,144 Legal Debt Margin $227,686,371 $225,024,403 $243,307,516 $261,711,695 $270,691,779 $282,676,235 $298,159,076 $313,851,598 $325,091,164 $338,476,201 As a % of Debt Limit 89.5%86.9%89.3%90.6%91.4%92.3%93.2%94.1%94.8%95.6% 1 - Amt Available for Repayment of Bonds only includes "Restricted Debt" of General Obligation and Tax Abatement Bonds 165 City of Eden Prairie, Minnesota Ratios of Outstanding Debt by Type Last Ten Years Special Year General Tax Total General Lease Assessments Total Total Percentage Ended Obligation Abatement Bonded Revenue Improvement Finances Lease Govt'Revenue Lease Business-of Personal Per Dec. 31 Bonds Bonds Debt Bonds Bonds Purchases Liability Bonds Bonds Liability Type Total Income (1)Capita (2) 2013 $29,464,744 $ - $29,464,744 $1,360,000 $15,658,107 $132,700 $ - $46,615,551 $3,383,723 $ - $3,383,723 $49,999,274 *806 2014 17,906,759 17,598,269 35,505,028 1,290,000 14,834,596 89,593 - 51,719,217 2,927,476 - 2,927,476 54,646,693 *871 2015 13,499,232 17,575,537 31,074,769 1,220,000 12,289,647 45,369 - 44,629,785 2,466,230 - 2,466,230 47,096,015 *752 2016 12,036,705 17,552,806 29,589,511 1,145,000 12,799,455 286,942 - 43,820,908 3,631,427 - 3,631,427 47,452,335 *751 2017 10,648,354 17,180,074 27,828,428 - 10,021,959 231,734 - 38,082,121 3,143,967 - 3,143,967 41,226,088 *653 2018 9,211,190 16,697,342 25,908,532 - 8,054,154 175,457 - 34,138,143 2,511,507 - 2,511,507 36,649,650 *575 2019 8,191,241 16,229,610 24,420,851 - 6,101,720 118,090 - 30,640,661 6,960,748 - 6,960,748 37,601,409 *593 2020 13,227,541 15,306,879 28,534,420 - 4,320,627 59,611 - 32,914,658 6,088,767 - 6,088,767 39,003,425 *612 2021 4,891,000 27,653,135 32,544,135 - 2,606,494 - - 35,150,629 11,674,835 - 11,674,835 46,825,464 *729 2022 3,673,000 13,168,934 16,841,934 - 2,110,026 418,137 98,441 19,468,538 11,272,267 1,314,339 12,586,606 32,055,144 *500 (1) See Demographic and Economic Statistics for personal income (2) See Demographic and Economic Statistics for population * Information is not available Governmental Activities Activities Business-Type 166 City of Eden Prairie, Minnesota Ratios of General Bonded Debt Outstanding Last Ten Years Total Net Ratio of Net Year General Tax General Less Amounts General Bonded Debt Ended Obligation Abatement Bonded Available in Debt Bonded to Estimated Per Dec. 31 Debt (1)Bonds Debt Service Fund (1)Debt Market Value (2) Capita (3) 2013 $29,464,744 $- $29,464,744 $2,650,363 $26,814,381 0.32% 432 2014 17,906,759 17,598,269 35,505,028 1,715,750 33,789,278 0.39% 539 2015 13,499,232 17,575,537 31,074,769 2,032,109 29,042,660 0.32% 464 2016 12,036,705 17,552,806 29,589,511 2,303,895 27,285,616 0.28% 432 2017 10,648,354 17,180,074 27,828,428 2,336,132 25,492,296 0.26% 404 2018 9,211,190 16,697,342 25,908,532 2,296,320 23,612,212 0.23% 371 2019 8,191,241 16,229,610 24,420,851 2,682,004 21,738,847 0.20% 343 2020 13,227,541 15,306,879 28,534,420 8,730,968 19,803,452 0.18% 311 2021 4,891,000 27,653,135 32,544,135 14,651,101 17,893,034 0.16% 279 2022 3,673,000 13,168,934 16,841,934 1,407,790 15,434,144 0.13% 241 (1) Amount Does not Include Special Assessment Improvement or Revenue Bonds. (2) See "Taxable Assessed Value and Estimated Actual Value of Property" for Market Value (3) See Demographic and Economic Statistics for Population 167 City of Eden Prairie, Minnesota Computation of Direct and Overlapping Bonded Debt December 31, 2022 Percent of Debt Net Debt Debt Applicable Applicable Governmental Unit Outstanding to City (1)to City Direct Debt: City of Eden Prairie $19,333,061 100.00%$19,333,061 Overlapping Debt: Hopkins ISD 270 $151,301,118 4.19%$6,339,517 Eden Prairie ISD 272 89,222,670 97.56%87,045,637 Minnetonka ISD 276 113,278,276 2.90%3,285,070 Hennepin County 1,018,886,023 5.80%59,095,389 Henn Suburban Park District 47,650,901 8.04%3,831,132 Henn Regional RR Authority 85,464,798 5.80%4,956,958 Metropolitan Council 83,059,397 3.16%2,624,677 Total Overlapping Debt 1,588,863,183 167,178,380 Total Direct and Overlapping Debt $1,608,196,244 $186,511,441 Notes: 1- The percentage of overlapping debt applicable is estimated using taxable assessed property values. Applicable percentages were estimated by determining the portion of the county's taxable assessed value that is within the City's boundaries and dividing it by the county's total taxable assessed value. 168 City of Eden Prairie, Minnesota Demographic and Economic Statistics Last Ten Years Household Per Median Capita Median School Unemployment Year Population (1)Income Income Age Enrollment Rate 2013 62,004 ***9,046 4.0% 2014 62,729 ***9,011 2.4% 2015 62,593 ***8,941 2.3% 2016 63,187 ***8,844 2.9% 2017 63,163 ***8,835 2.4% 2018 63,726 ***8,780 2.6% 2019 63,456 ***8,861 2.2% 2020 63,726 ***8,759 3.4% 2021 64,198 ***8,534 2.8% 2022 64,142 ***8,748 1.7% Sources: City of Eden Prairie Planning Department Minnesota Department of Employment and Economic Development Eden Prairie School District 272 - Enrollment History Website * Data is not available 1) Using Met Council numbers Governmental Activities 169 City of Eden Prairie, Minnesota Principal Employers For the Year Ended December 31, 2022 and 2013 Percentage Percentage of Total of Total Employer Employees City Employment Employer Employees City Employment Optum 3,312 5.7% Optum 4,000 7.9% Eden Prairie Mall 2,329 4.0%CH Robinson 1,517 3.0% EP Schools 2,329 4.0%EP Schools 1,500 3.0% CH Robinson 2,200 3.8%Starkey Labs 1,440 2.8% United Natural Foods Inc.2,000 3.5% Cigna 950 1.9% Starkey Labs 1,500 2.6% Eaton 850 1.7% Emerson Process Management 1,500 2.6%SuperValu Stores Inc.850 1.7% Tennant Company 1,500 2.6%Kroll On-Track 808 1.6% Element Fleet Management 1,200 2.1%MTS Systems Corp.808 1.6% MTS Systems 1,000 1.7% Dell-Compellent 750 1.5% Total Principal Employer 18,870 32.7%13,473 26.6% Other Employers 38,776 67.3%37,129 73.4% Total Employers 57,646 100.0%50,602 100.0% Source: Official Bonds Statement for G.O. Water Revenue Bonds, Series 2021A 2022 2013 170 City of Eden Prairie, Minnesota Employees by Function Last Ten Years 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Administration Office of City Manager 2 2 2 2 2 2 2 2 2 2 City Clerk 1 1 1 1 1 1 1 2 2 1 Human Resources 8.8 9.7 9.7 9.8 9.8 9.8 9.8 9.8 9.8 9.8 Communications 3.5 3.5 3.5 3.5 3.5 3.5 3.5 3.5 3.5 3.5 Finance 5.5 5.5 5.5 5.5 5.5 5.5 5.5 5.5 5.5 5.5 Liquor Stores 9 9 9 9 9 9 9 9 9 9 Information Technology 7 7 7 6 6 6 6 6 6.5 6.5 Facilities 8.5 9.88 9.88 9.88 10 10 10 10 10 10 Community Development Administration 2 2 2 2 2 2 2 2 2 2 Assessing 7 7 7 7 7 7 7 7 7 7 Planning 4.6 4.6 4.7 4.7 4.7 4.7 4.7 4.8 4.8 5 Economic Development 1 1 1 1 1 1 1 1 1 1 Housing & Community Services 2 1.75 1.75 1.75 1.75 1.75 2 2 2 2 Parks and Recreation Administration 2 2 2 2 2 2 2 2 2 2 Park Maintenance 20 20 20 20 20 20 20 20 20 21 Recreation Services 7.6 7.6 7.6 7.6 7.6 7.6 7.6 7.6 7.6 7.6 Community Center 5.5 5.5 5.5 6.5 6.5 6.5 6.5 6.5 6.5 6.5 Police Administration 25 25 25 25 25 25 24 24 24 25 Officers 66 66 66 67 68 68 69 69.5 70.5 71 Fire Administration 9 9 9 9 9 9 9 9 9 11 Building Inspections 9 9 9 9 9 9 9 9 9 9 Public Works Engineering 8.3 8.3 9.3 10.3 10.3 7.5 7.5 7.5 7.5 7.5 Street Maintenance 15 14.5 14.5 14 14 14 15 15 15 15 Utilities 34.7 34.7 34.7 35.7 35.7 39.5 39.5 39.5 39.5 40 Fleet Services 6 6.5 5.5 5 5 5 5 5 5 5 Grand Total 270 272.03 272.13 274.23 275.35 276.35 277.6 279.2 280.7 284.9 Source: Human Resource department 171 City of Eden Prairie, Minnesota Operating Indicators Last Ten Years 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 General Government Bond Rating - Moody's Investor Service Aaa Aaa Aaa Aaa Aaa Aaa Aaa Aaa Aaa Aaa Bond Rating - Standard & Poors n/a AAA AAA AAA AAA AAA AAA AAA AAA AAA Housing and Human Services Number of Residents Served 3,300 3,500 3,500 3,500 3,750 3,975 5,700 9,200 14,300 6,105 Assessing: Number of Appraisals Completed 5,002 5,291 5,320 5,066 5,061 4,908 4,912 5,267 4,842 5,195 Parks and Recreation Avg Monthly Community Center Memberships n/a n/a n/a 2,511 2,688 2,608 2,486 1,683 1,346 1,744 Program Registrations (Excludes Leagues)17,783 18,269 17,531 15,701 17,161 17,972 19,931 6,022 14,848 15,877 Public Safety Fire Number of Calls 1,601 1,614 1,617 1,615 1,742 1,908 1,875 2,915 2,909 3,426 Inspection Permits Issued 9,500 7,469 6,405 5,997 6,227 6,436 6,438 7,766 8,883 7,117 Building permit revenue 4,410,616$ 3,496,417$ 3,059,075$ 2,303,405$ 2,066,787$ 3,388,529$ 3,646,332$ 3,578,799$ 4,409,481$ 3,836,375$ Police Number of Calls 53,746 50,380 49,921 50,741 46,319 52,278 50,909 40,564 42,801 43,363 Public Works: Patching Materials (Tons)2,500 2,400 1,555 2,370 1,650 1,700 1,976 1,739 1,164 1,019 Overlays (Tons)24,000 26,488 29,602 23,070 28,856 29,852 31,503 35,988 33,164 45,456 Crack Filling Materials (Lbs)200,000 154,944 32,000 68,000 42,000 31,920 50,007 66,175 6,340 34,570 Seal Coating (Sq Yards) - Chips Sealed Placed 400,000 375,500 411,700 381,600 405,425 365,907 327,998 364,854 66,892 N/A Seal Coating (Sq Yards) - Fog Seal/Reclamite Placed n/a n/a n/a n/a n/a n/a 276,296 470,020 602,335 502,598 Water System: Number of Connections 19,195 19,269 19,312 19,362 19,426 19,426 19,426 19,541 19,526 19,568 Water Main Repairs 15 9 28 53 30 18 24 33 24 27 Number of Hydrant Flushed 4,217 4,326 4,311 4,515 4,360 4,395 4,274 - 4,273 4,470 Average Daily Usage 7.9 MGD 7.25 MGD 6.99 MGD 7.07 MGD 7.06 MGD 7.08 MG 6.25 MG 6.95 MG 7.72 MG 7.4 MG Sewer System: Number of Connections 18,525 18,578 18,644 18,707 18,865 18,925 18,955 19,016 19,022 19,072 Miles of Sanitary Sewer Cleaned 65 75 81 81 76 65 50 10 51 65 Storm System: Number of Storm Sumps Maintained 61 103 78 91 88 97 48 40 60 52 Sources: Various City Departments MGD - Million Gallons Daily N/A - Not Available 172 City of Eden Prairie, Minnesota Capital Assets Statistics by Function Last Ten Years 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Public Safety Fire Protection Number of Stations 4 4 4 4 4 4 4 4 4 4 Number of Volunteer Firefighters 95 90 92 99 101 95 92 94 93 95 Police Protection Number of Stations 1 1 1 1 1 1 1 1 1 1 Public Works Miles of City Streets 232 233 234 234 234 235 235 235 236 235 Parks and Recreation City Parks 43 43 43 43 43 43 43 43 43 43 Conservation Areas 15 15 15 15 15 15 15 15 15 15 Historic Sites 5 5 5 5 5 5 5 5 5 5 Special Use Areas 5 5 5 5 5 5 5 5 5 5 Miles of Trails 122 128 128 128 134 134 134.5 134.5 134.5 134.5 Water System Number of Wells 15 15 15 15 15 15 15 15 15 15 Total Pumping Capacity 28 MGD 28 MGD 28 MGD 28 MGD 28 MGD 28 MGD 28 MGD 28 MGD 28 MGD 28 MGD Total Storage Capacity 8.5M gals 8.5 MG 8.5 MG 8.5 MG 8.5 MG 8.5 MG 8.5 MG 12.5 MG 12.5 MG 12.5 MG Miles of Water Mains 323 326 326 328 326 326 327 326 322 399 Sewer System Miles of Sanitary Sewer 258 262 264 264 263 263 264 265 262 262 Miles of Storm Sewer 180 186 189 193 193 193 195 198 200 209 Sources: Various City Departments Note: No Capital Asset Indicators are Available for the General Government Functions. MGD - Million Gallons Daily 173 City of Eden Prairie Hennepin County, Minnesota Schedule of Expenditures of Federal Awards and Independent Auditor's Reports December 31, 2022 City of Eden Prairie Table of Contents Schedule of Expenditures of Federal Awards 1 Notes to Schedule of Expenditures of Federal Awards 2 Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards 3 Report on Compliance for Each Major Federal Program and Report on Internal Control over Compliance Required by the Uniform Guidance 5 Schedule of Findings and Questioned Costs 8 Minnesota Legal Compliance 10 See notes to schedule of expenditures of federal awards. 1 Federal Assistance Federal Listing Number Expenditures U.S. Department of Housing and Urban Development Direct Community Development Block Grant Program 14.218 628,942$ U.S. Department of Transportation Passed through Minnesota Department of Public Safety Passed through Metropolitan Airport Commission State and Community Highway Safety - Enforcement Wave Plan (Safe and Sober)20.600 12,274 Passed through Minnesota Department of Public Safety Passed through Metropolitan Airport Commission State and Community Highway Safety - Seat Belt 20.616 16,743 Passed through Minnesota Department of Public Safety Passed through Metropolitan Airport Commission Minimum Penalties for Repeat Offenders for Driving While Intoxicated 20.608 156,445 Total U.S. Department of Transportation 185,462 U.S. Department of Justice Direct Bulletproof Vest Partnership Program 16.607 7,268 Passed through Drug Enforcement Agency Asset Forfeiture Programs 16.922 30,947 Total U.S. Department of Justice 38,215 U.S. Department of the Treasury Passed through Minnesota Division of Homeland Security and Emergency Management Coronavirus State and Local Fiscal Recovery Funds- COVID-19 21.027 3,723,700 U.S. Department of the Federal Transit Administration Passed through Metropolitan Council Federal Transit-Capital Investment Grants 20.500 360,184 U.S. National Park Service Passed through State of Minnesota Admin Fiscal Services Historic Preservation Fund Grants-In-Aid 15.904 660 National Endowment for the Arts Promotion of the Arts Grants to Organizations and Individuals 45.024 10,000 Total Federal Expenditures 4,947,163$ Federal Agency/Pass Through Agency/Program Title City of Eden Prairie Schedule of Expenditures of Federal Awards Year Ended December 31, 2022 2 City of Eden Prairie Notes to Schedule of Expenditures of Federal Awards NOTE 1 – BASIS OF PRESENTATION The accompanying Schedule of Expenditures of Federal Awards (the "Schedule") includes the federal award activity of the City under programs of the federal government for the year-ended December 31, 2022. The information in this Schedule is presented in accordance with the requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). Because the Schedule presents only a selected portion of the operations of the City, it is not intended to and does not present the financial position, changes in net position, or cash flows of the City. NOTE 2 – PASS-THROUGH GRANT NUMBERS All pass-through entities listed previously use the same Assistance Listing numbers as the federal grantors to identify these grants and have not assigned any additional identifying numbers. NOTE 3 – INDIRECT COST RATE The City did not elect to use the 10 percent de minimis indirect cost rate, as allowed under the Uniform Guidance. 3 Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards Independent Auditor's Report Honorable Mayor and Members of the City Council City of Eden Prairie Eden Prairie, Minnesota We have audited, in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City of Eden Prairie, Minnesota, as of and for the year ended December 31, 2022, and the related notes to basic financial statements, which collectively comprise the City's basic financial statements, and have issued our report thereon dated April 19, 2023. Report on Internal Control over Financial Reporting In planning and performing our audit of the financial statements, we considered the City's internal control over financial reporting (internal control) as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City's internal control. Accordingly, we do not express an opinion on the effectiveness of the City's internal control. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control such that there is a reasonable possibility that a material misstatement of the City's financial statements will not be prevented, or detected and corrected, on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses, or significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified. 4 Report on Compliance and Other Matters As part of obtaining reasonable assurance about whether the City's financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the financial statements. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. Purpose of this Report The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the result of that testing, and not to provide an opinion on the effectiveness of the City's internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the City's internal control and compliance. Accordingly, this communication is not suitable for any other purpose. Minneapolis, Minnesota April 19, 2023 5 Report on Compliance for each Major Federal Program and Report on Internal Control over Compliance Required by the Uniform Guidance Independent Auditor's Report Honorable Mayor and Members of the City Council City of Eden Prairie Eden Prairie, Minnesota Report on Compliance for Each Major Federal Program Opinion on Each Major Federal Program We have audited the City of Eden Prairie's compliance with the types of compliance requirements identified as subject to audit in the OMB Compliance Supplement that could have a direct and material effect on the City's major federal program for the year ended December 31, 2022. The City's major federal program is identified in the summary of auditor's results section of the accompanying Schedule of Findings and Questioned Costs. In our opinion, the City complied in all material respects, with the compliance requirements referred to above that could have a direct and material effect on its major federal program for the year ended December 31, 2022. Basis for Opinion on Each Major Federal Program We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America (GAAS); the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States (Government Auditing Standards); and the audit requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). Our responsibilities under those standards and the Uniform Guidance are further described in the Auditor's Responsibilities for the Audit of Compliance section of our report. We are required to be independent of the City and to meet our other ethical responsibilities, in accordance with relevant ethical requirements relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our opinion on compliance for each major federal program. Our audit does not provide a legal determination of the City's compliance with the compliance requirements referred to above. Responsibilities of Management for Compliance Management is responsible for compliance with the requirements referred to above and for the design, implementation, and maintenance of effective internal control over compliance with the requirements of laws, statutes, regulations, rules and provisions of contracts or grant agreements applicable to the City's federal programs. 6 Auditor's Responsibilities for the Audit of Compliance Our objectives are to obtain reasonable assurance about whether material noncompliance with the compliance requirements referred to above occurred, whether due to fraud or error, and express an opinion on the City's compliance based on our audit. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with GAAS, Government Auditing Standards, and the Uniform Guidance will always detect material noncompliance when it exists. The risk of not detecting material noncompliance resulting from fraud is higher than for that resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Noncompliance with the compliance requirements referred to above is considered material, if there is a substantial likelihood that, individually or in the aggregate, it would influence the judgment made by a reasonable user of the report on compliance about the City's compliance with the requirements of each major federal program as a whole. In performing an audit in accordance with GAAS, Government Auditing Standards, and the Uniform Guidance, we  Exercise professional judgment and maintain professional skepticism throughout the audit.  Identify and assess the risks of material noncompliance, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the City's compliance with the compliance requirements referred to above and performing such other procedures as we considered necessary in the circumstances.  Obtain an understanding of the City's internal control over compliance relevant to the audit in order to design audit procedures that are appropriate in the circumstances and to test and report on internal control over compliance in accordance with the Uniform Guidance, but not for the purpose of expressing an opinion on the effectiveness of Example Entity's internal control over compliance. Accordingly, no such opinion is expressed. We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit and any significant deficiencies and material weaknesses in internal control over compliance that we identified during the audit. Report on Internal Control over Compliance A deficiency in internal control over compliance exists when the design or operation of a control over compliance does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, noncompliance with a type of compliance requirement of a federal program on a timely basis. A material weakness in internal control over compliance is a deficiency, or combination of deficiencies, in internal control over compliance, such that there is a reasonable possibility that material noncompliance with a type of compliance requirement of a federal program will not be prevented, or detected and corrected, on a timely basis. A significant deficiency in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance with a type of compliance requirement of a federal program that is less severe than a material weakness in internal control over compliance, yet important enough to merit attention by those charged with governance. 7 Report on Internal Control over Compliance (Continued) Our consideration of internal control over compliance was for the limited purpose described in Auditor's Responsibilities for the Audit of Compliance section and was not designed to identify all deficiencies in internal control over compliance that might be material weaknesses or significant deficiencies in internal control over compliance. Given these limitations, during our audit we did not identify any deficiencies in internal control over compliance that we consider to be material weaknesses, as defined above. However, material weaknesses or significant deficiencies in internal control over compliance may exist that were not identified. Our audit was not designed for the purpose of expressing an opinion on the effectiveness of internal control over compliance. Accordingly, no such opinion is expressed. The purpose of this report on internal control over compliance is solely to describe the scope of our testing of internal control over compliance and the results of that testing based on the requirements of the Uniform Guidance. Accordingly, this report is not suitable for any other purpose. Report on Schedule of Expenditures of Federal Awards Required by the Uniform Guidance We have audited the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City of Eden Prairie, Minnesota, as of and for the year ended December 31, 2022, and have issued our report thereon dated April 19, 2023, which contained unmodified opinions on the financial statements. Our audit was conducted for the purpose of forming an opinion on the financial statements as a whole. The accompanying Schedule of Expenditures of Federal Awards is presented for purposes of additional analysis as required by the Uniform Guidance and is not a required part of the financial statements. Such information is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the financial statements. The information has been subjected to the auditing procedures applied in the audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the Schedule of Expenditure of Federal Awards is fairly stated, in all material respects, in relation to the basic financial statements as a whole. Minneapolis, Minnesota April 19, 2023 8 City of Eden Prairie Schedule of Findings and Questioned Costs SECTION I – SUMMARY OF AUDITOR'S RESULTS Financial Statements Type of auditor's report issued: We issued an unmodified opinion on the fair presentation of the financial statements of the governmental activities, business-type activities, each major fund, and the aggregate remaining fund information in accordance with accounting principles generally accepted in the United State of America (GAAP) Internal control over financial reporting:  Material weakness(es) identified? No  Significant deficiency(ies) identified? None Reported Noncompliance material to financial statements noted? No Federal Awards Type of auditor's report issued on compliance for major programs: Unmodified Internal control over major programs:  Material weakness(es) identified? No  Significant deficiency(ies) identified? None reported Any audit findings disclosed that are required to be reported in accordance with 2 CFR 200.516(a)? No Identification of Major Programs Assistance Listing No.: 21.027 Name of Federal Program or Cluster: Coronavirus State and Local Fiscal Recovery Funds Dollar threshold used to distinguish between type A and type B programs: $750,000 Auditee qualified as low risk auditee? Yes 9 City of Eden Prairie Schedule of Findings and Questioned Costs SECTION II – FINANCIAL STATEMENT FINDINGS None SECTION III – FEDERAL AWARD FINDINGS AND QUESTIONED COSTS None SECTION IV – PRIOR YEAR FINDINGS AND QUESTIONED COSTS None 10 Minnesota Legal Compliance Independent Auditor's Report Honorable Mayor and Members of the City Council City of Eden Prairie Eden Prairie, Minnesota We have audited, in accordance with auditing standards generally accepted in the United States of America, and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States, the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City of Eden Prairie, Minnesota as of and for the year ended December 31, 2022, and the related notes to financial statements, which collectively comprise the City's basic financial statements, and have issued our report thereon dated April 19, 2023. In connection with our audit, nothing came to our attention that caused us to believe that the City failed to comply with the provisions of the contracting and bidding, deposits and investments, conflicts of interest, public indebtedness, claims and disbursements, miscellaneous provisions, and tax increment financing sections of the Minnesota Legal Compliance Audit Guide for Cities, promulgated by the State Auditor pursuant to Minnesota Statutes § 6.65, insofar as they relate to accounting matters. However, our audit was not directed primarily toward obtaining knowledge of such noncompliance. Accordingly, had we performed additional procedures, other matters may have come to our attention regarding the City's noncompliance with the above referenced provisions, insofar as they relate to accounting matters. The purpose of this report is solely to describe the scope of our testing of compliance and the results of that testing, and not to provide an opinion on compliance. Accordingly, this communication is not suitable for any other purpose. Minneapolis, Minnesota April 19, 2023 City of Eden Prairie Hennepin County, Minnesota Communications Letter December 31, 2022 City of Eden Prairie Table of Contents Report on Matters Identified as a Result of the Audit of the Basic Financial Statements 1 Required Communication 3 Financial Analysis 8 Emerging Issues 23 1 Report on Matters Identified as a Result of the Audit of the Basic Financial Statements Honorable Mayor, Members of the City Council, and Management City of Eden Prairie Eden Prairie, Minnesota In planning and performing our audit of the basic financial statements of the governmental activities, business-type activities, each major fund, and the aggregate remaining fund information of the City of Eden Prairie, Minnesota, as of and for the year ended December 31, 2022, in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States, we considered the City's internal control over financial reporting (internal control) as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City's internal control. Accordingly, we do not express an opinion on the effectiveness of the City's internal control over financial reporting. Our consideration of internal control was for the limited purpose described in the preceding paragraph and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies and, therefore, material weaknesses or significant deficiencies may exist that have not been identified. In addition, because of inherent limitations in internal control, including the possibility of management override of controls, misstatements due to error, or fraud may occur and not be detected by such controls. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control over financial reporting, such that there is a reasonable possibility that a material misstatement of the City's basic financial statements will not be prevented, or detected and corrected, on a timely basis. A reasonable possibility exists when the likelihood of an event occurring is either reasonably possible or probable as defined as follows:  Reasonably possible. The chance of the future event or events occurring is more than remote but less than likely.  Probable. The future event or events are likely to occur. We did not identify any deficiencies in internal control that we consider to be material weaknesses. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. 2 The accompanying memorandum also includes financial analysis provided as a basis for discussion. The matters discussed herein were considered by us during our audit and they do not modify the opinion expressed in our Independent Auditor's Report dated April 19, 2023, on such statements. This communication, which is an integral part of our audit, is intended solely for the information and use of the City Council and management and others within the City and state oversight agencies and is not intended to be, and should not be, used by anyone other than these specified parties. Minneapolis, Minnesota April 19, 2023 3 City of Eden Prairie Required Communication We have audited the basic financial statements of the governmental activities, business-type activities, each major fund, and the aggregate remaining fund information of the City as of and for the year ended December 31, 2022. Professional standards require that we advise you of the following matters related to our audit. Our Responsibility in Relation to the Financial Statement Audit As communicated in our engagement letter, our responsibility, as described by professional standards, is to form and express opinions about whether the basic financial statements prepared by management with your oversight are presented fairly, in all material respects, in accordance with accounting principles generally accepted in the United States of America. Our audit of the basic financial statements does not relieve you or management of its respective responsibilities. Our responsibility, as prescribed by professional standards, is to plan and perform our audit to obtain reasonable, rather than absolute, assurance about whether the basic financial statements are free of material misstatement. An audit of the basic financial statements includes consideration of internal control over financial reporting as a basis for designing audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the City's internal control over financial reporting. Accordingly, as part of our audit, we considered the internal control of the City solely for the purpose of determining our audit procedures and not to provide any assurance concerning such internal control. We are also responsible for communicating significant matters related to the audit that are, in our professional judgement, relevant to your responsibilities in overseeing the financial reporting process. However, we are not required to design procedures for the purpose of identifying other matters to communicate to you. Generally accepted accounting principles provide for certain Required Supplementary Information (RSI) to supplement the basic financial statements. Our responsibility with respect to the RSI, which supplements the basic financial statements, is to apply certain limited procedures in accordance with generally accepted auditing standards. However, the RSI was not audited and, because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance, we do not express an opinion or provide any assurance on the RSI. Our responsibility for the supplementary information accompanying the basic financial statements, as described by professional standards, is to evaluate the presentation of the supplementary information in relation to the basic financial statements as a whole and to report on whether the supplementary information is fairly stated, in all material respects, in relation to the basic financial statements as a whole. Our responsibility with respect to the other information in documents containing the audited basic financial statements and auditor's report does not extend beyond the basic financial information identified in the report. We have no responsibility for determining whether this other information is properly stated. This other information was not audited, and we do not express an opinion or provide any assurance on it. 4 City of Eden Prairie Required Communication Our Responsibility in Relation to Government Auditing Standards As communicated in our engagement letter, part of obtaining reasonable assurance about whether the basic financial statements are free of material misstatement, we performed tests of the City's compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of basic financial statement amounts. However, the objective of our tests was not to provide an opinion on compliance with such provisions. Our Responsibility in Relation to Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance) As communicated in our engagement letter, in accordance with the Uniform Guidance, we examined on a test basis, evidence about the City's compliance with the types of compliance requirements described in the U.S. Office of Management and Budget (OMB) Compliance Supplement applicable to each of its major federal programs for the purpose of expressing an opinion on the City's compliance with those requirements. While our audit provided a reasonable basis for our opinion, it did not provide a legal determination on the City's compliance with those requirements. In planning and performing our audit of compliance, we considered the City's internal control over compliance with the types of requirements that could have a direct and material effect on each major federal program to determine the auditing procedures that are appropriate in the circumstances for the purpose of expressing an opinion on compliance for each major federal program and to test and report on internal control over compliance in accordance with the Uniform Guidance, but not for the purpose of expressing an opinion on the effectiveness of internal control over compliance. Planned Scope and Timing of the Audit We conducted our audit consistent with the planned scope and timing we previously communicated to you. Compliance with All Ethics Requirements Regarding Independence The engagement team, others in our firm, as appropriate, our firm, and our network firms have complied with all relevant ethical requirements regarding independence. Significant Risks Identified We have identified the following significant risks of material misstatements:  Improper revenue recognition o Revenue recognition is considered a fraud risk on substantially all engagements as it generally has a significant impact on the results of the government operations. In addition, complexities exist surrounding the calculation and recording of various revenue sources.  Management override of controls through journal entries o Management override of internal control is considered a risk in substantially all engagements as management may be incentivized to produce better results.  Lack of Segregation of Accounting Duties o If duties cannot be appropriately segregated within the accounting and finance department, there is a risk of unauthorized disbursements being made from the City. 5 City of Eden Prairie Required Communication Qualitative Aspects of the City's Significant Accounting Practices Significant Accounting Policies Management has the responsibility to select and use appropriate accounting policies. A summary of the significant accounting policies adopted by the City is included in the notes to basic financial statements. There have been no initial selection of accounting policies and no changes to significant accounting policies or their application during 2022. No matters have come to our attention that would require us, under professional standards, to inform you about (1) the methods used to account for significant unusual transactions and (2) the effect of significant accounting policies in controversial or emerging areas for which there is a lack of authoritative guidance or consensus. Significant Accounting Estimates Accounting estimates are an integral part of the basic financial statements prepared by management and are based on management's current judgements. Those judgements are normally based on knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the basic financial statements and because of the possibility that future events affecting them may differ markedly from management's current judgements. The most sensitive estimates affecting the basic financial statements relate to: Depreciation – The City is currently depreciating its capital assets over their estimated useful lives, as determined by management, using the straight-line method. Expense Allocation – Certain expenses are allocated to programs based on an estimate of the benefit to that particular program. Examples are salaries, benefits, and supplies. Total Other Post Employment Benefits (OPEB) Liability, Deferred Outflows of Resources Related to OPEB and Deferred Inflows of Resources Related to OPEB – These balances are based on an actuarial study using the estimates of future obligations of the City for post employment benefits. Net Pension Liability, Deferred Outflows of Resources Related to Pensions and Deferred Inflows of Resources Related to Pensions – These balances are based on an allocation by the pension plans using estimates based on contributions. We evaluated the key factors and assumptions used to develop the accounting estimates and determined that they are reasonable in relation to the basic financial statements taken as a whole and in relation to the applicable opinion units. Financial Statement Disclosures Certain basic financial statement disclosures involve significant judgment and are particularly sensitive because of their significance to financial statement users. The basic financial statement disclosures are neutral, consistent, and clear. Significant Difficulties Encountered during the Audit We encountered no significant difficulties in dealing with management relating to the performance of the audit. 6 City of Eden Prairie Required Communication Uncorrected and Corrected Misstatements For the purposes of this communication, professional standards require us to accumulate all known and likely misstatements identified during the audit, other than those that we believe are trivial, and communicate them to the appropriate level of management. Further, professional standards require us to also communicate the effects of uncorrected misstatements related to prior periods on the relevant classes of transactions, account balances or disclosures, and the basic financial statements taken as a whole and each applicable opinion unit. Management did not identify, and we did not notify them of any uncorrected financial statement misstatements. In addition, professional standards require us to communicate to you all material, corrected misstatements that were brought to the attention of management as a result of our audit procedures. None of the misstatements detected as a result of audit procedures and corrected by management were material, either individually or in the aggregate, to the basic financial statements taken as a whole. Disagreements with Management For purposes of this letter, professional standards define a disagreement with management as a matter, whether or not resolved to our satisfaction, concerning a financial accounting, reporting, or auditing matter, which could be significant to the City's basic financial statements or the auditor's report. No such disagreements arose during the course of our audit. Representations Requested from Management We have requested certain written representations from management, which are included in the management representation letter. Management's Consultations with Other Accountants In some cases, management may decide to consult with other accountants about auditing and accounting matters. Management has informed us that, and to our knowledge, there were no consultations with other accountants regarding auditing and accounting matters. Other Significant Matters, Findings, or Issues In the normal course of our professional association with the City, we generally discuss a variety of matters, including the application of accounting principles and auditing standards, significant events or transactions that occurred during the year, operating and regulatory conditions affecting the City, and operations plans and strategies that may affect the risks of material misstatement. None of the matters discussed resulted in a condition to our retention as the City's auditor. Other Information Included in Annual Reports Pursuant to professional standards, our responsibility as auditors for other information, whether financial or nonfinancial, included in the City's annual reports, does not extend beyond the information identified in the audit report and we are not required to perform any procedures to corroborate such other information. 7 City of Eden Prairie Required Communication Other Information Included in Annual Reports (Continued) We applied certain limited procedures to the RSI that supplements the basic financial statements. Our procedures consisted of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We did not audit the RSI and do not express an opinion or provide any assurance on the RSI. With respect to the supplementary information accompanying the financial statements, we made certain inquiries of management and evaluated the form, content and methods of preparing the information to determine that the information complies with accounting principles generally accepted in the United States of America, the method of preparing it has not changed from the prior period, and the information is appropriate and complete in relation to our audit of the financial statements. We compared and reconciled the supplementary information to the underlying accounting records used to prepare the basic financial statements or to the basic financial statements themselves. We were not engaged to report on the other information accompanying the basic financial statements but are not RSI. Such information has not been subjected to the auditing procedures applied in the audit of the basic financial statements, and accordingly, we do not express an opinion or provide any assurance on it. Our responsibility also includes communicating to you any information which we believe is a material misstatement of fact. Nothing came to our attention that caused us to believe that such information, or its manner of presentation, is materially inconsistent with the information, or manner of its presentation, appearing in the basic financial statements. 8 City of Eden Prairie Financial Analysis The following pages provide graphic representations of select data pertaining to the financial position and operations of the City for the past five years. Our analysis of each graph is presented to provide a basis for discussion of past performance and how implementing certain changes may enhance future performance. We suggest you view each graph and document if our analysis is consistent with yours. A subsequent discussion of this information should be useful for planning purposes. General Fund – Revenues The following graph presents comparisons of revenues by type, illustrating the majority of revenue for the City is from taxes and special assessments. This source represents 71.4% of total General Fund revenues. Other revenues include items such as fines and forfeitures, investment earnings, and other miscellaneous items. Revenues of the General Fund increased from 2021 to 2022 by $1,873,038. Taxes and assessments revenue increased by $1,891,067 due to an increase in levy. Licenses and permits revenue decreased $554,992 due to less new construction and additions/remodels. Charges for Services increased $1,044,327 due to registrations and memberships increasing since COVID started, but not yet back to pre-COVID numbers. Other Revenues decreased $499,985 due to a decrease in investment income due to market conditions. 2018 2019 2020 2021 2022 Taxes and Special Assessments $34,258,721 $35,029,637 $36,283,374 $37,836,186 $39,727,253 Intergovernmental 1,439,023 1,768,464 6,238,109 5,353,219 5,345,840 Charges for Services 5,976,951 6,132,338 2,464,886 4,156,921 5,201,248 Licenses and Permits 4,892,559 5,110,672 4,996,872 5,858,459 5,303,467 Other 963,896 1,218,229 1,020,372 559,484 59,499 $- $10,000,000 $20,000,000 $30,000,000 $40,000,000 $50,000,000 $60,000,000 General Fund Revenues 9 City of Eden Prairie Financial Analysis General Fund – Expenditures The graph below represents the breakdown of expenditures by department. Police expenditures continue to comprise the largest portion of General Fund expenditures, representing 33.15%. Overall, General Fund expenditures increased $3,431,568 from 2021. Police had an increase of $887,261 mainly due to an increase in wages and benefits. Parks and Recreation increased $1,291,833 due mainly to more programs and activities being offered in 2022 versus 2021. Other department expenditures had relatively minor fluctuations when compared to the prior year. 2018 2019 2020 2021 2022 Debt service $60,766 $60,766 $60,765 $60,766 $20,662 Parks and Recreation 12,158,792 12,489,302 11,084,484 12,343,285 13,635,118 Public Works 5,872,135 5,891,040 5,991,750 6,026,323 6,562,592 Fire 6,058,619 5,854,829 6,378,338 6,421,157 6,841,419 Police 14,517,004 15,204,092 15,357,194 16,145,234 17,032,495 Community development 2,320,363 2,280,391 2,431,612 2,304,990 2,412,940 Administration 4,467,514 4,455,624 4,547,110 4,652,491 4,880,588 $- $5,000,000 $10,000,000 $15,000,000 $20,000,000 $25,000,000 $30,000,000 $35,000,000 $40,000,000 $45,000,000 $50,000,000 $55,000,000 General Fund Expenditures 10 City of Eden Prairie Financial Analysis General Fund – Budgetary Comparison Original Actual Amounts Revenues General Property Taxes and Assessments $39,371,562 $39,371,562 $39,727,253 355,691$ Licenses and permits 4,041,700 4,041,700 5,303,467 1,261,767 Intergovernmental revenue 5,121,301 5,121,301 5,345,840 224,539 Charges for services 5,214,704 5,214,704 5,201,248 (13,456) Fines and forfeitures 367,000 367,000 296,757 (70,243) Investments 150,000 150,000 (468,510) (618,510) Miscellaneous revenues 179,800 179,800 231,252 51,452 Total revenues 54,446,067 54,446,067 55,637,307 1,191,240 Expenditures Administration 4,964,588 4,964,588 4,880,588 (84,000) Community Development 2,606,351 2,606,351 2,412,940 (193,411) Police 17,524,711 17,524,711 17,032,495 (492,216) Fire 6,676,486 6,676,486 6,841,419 164,933 Public Works 6,719,831 6,719,831 6,562,592 (157,239) Parks and Recreation 14,059,073 14,078,768 13,635,118 (443,650) Debt Service 93,350 93,350 20,662 (72,688) Total expenditures 52,644,390 52,664,085 51,385,814 (1,278,271) Excess of revenues over disbursements 1,801,677 1,781,982 4,251,493 2,469,511 Other Financing Sources (Uses) Issuance of Debt - - 436,955 436,955 Transfers in 442,024 442,024 444,324 2,300 Transfers Out (20,000) (20,000) (1,020,000) (1,000,000) Total other financing sources (uses)422,024 422,024 (138,721) (560,745) Net change in fund balances 2,223,701$ 2,204,006$ 4,112,772$ 1,908,766$ Variance With Final Budget - Over (Under)Final Budget Overall, actual revenue was $1,191,240, or 2.2%, over budget. General property taxes and assessments were $355,691 over budget based on levy and collections for the year. Licenses and permits were $1,261,767 over budget due to budgeting conservatively for permits, specifically building permits and mechanical permits. Revenue from investments was $618,510 under budget due to unexpected poor market conditions. Overall, actual expenditures were less than budgeted amounts by $1,278,271, or 2.4%. Police was $492,216 under budget due to open positions. Parks and Recreation was $443,650 under budget due to registrations and memberships not being back to pre-covid numbers. 11 City of Eden Prairie Financial Analysis General Fund – Operations The following graph shows the overall operations of the General Fund. Revenues have fluctuated over the five years shown from a high in 2022 of $55,637,307 to a low of $47,531,150 in 2018. Overall, from 2018 to 2022, revenues have increased $8,106,157. Similarly, expenditures have fluctuated over the five years presented. In 2022, expenditures were $51,385,814, an increase from the prior year of $3,431,568. Since 2018, expenditures have increased $5,930,621. $47,531,150 $49,259,340 $51,003,613 $53,764,269 $55,637,307 $45,455,193 $46,236,044 $45,851,253 $47,954,246 $51,385,814 $24,860,401 $27,888,522 $28,053,442 $30,550,473 $34,885,681 $24,438,689 $25,354,724 $26,197,429 $29,132,535 $33,252,089 $0 $5,000,000 $10,000,000 $15,000,000 $20,000,000 $25,000,000 $30,000,000 $35,000,000 $40,000,000 $45,000,000 $50,000,000 $55,000,000 $60,000,000 2018 2019 2020 2021 2022 General Fund Operations Total Revenues Total Expenditures Cash and Investment Balance Unassigned Fund Balance As illustrated above, the General Fund Unassigned Fund Balance, increased $4,119,554 from $29,132,535 at December 31, 2021, to $33,252,089 at December 31, 2022. Over the last five years, the City has been able to maintain steady cash and fund balances in a period of generally increasing costs and variable revenues. The City's fund balance policy indicates they will strive to maintain a minimum working capital fund balance not less than 50% of next year's budgeted tax revenue, an emergency fund balance for contingencies of 10% of next year's budget and a budget balancing measure of 5% to 7% of next year's budget in unassigned fund balance. As of December 31, 2022, the City's unassigned fund balance of $33,252,089 was in compliance with the City's fund balance policy. 12 City of Eden Prairie Financial Analysis Water Operations The following graph illustrates the current operations of the Water Fund for the past five years. Operating income is shown with and without depreciation below. Operating revenue increased $325,892, or 3.1%, from 2021 based on changes in rates, and continued development. Operating expenses increased by $1,101,158 or 9.0%. The increase is mainly due to an increase in wages, benefits and meter change out. The net effect of the increased revenues and expenses is an operating loss of $2,270,716. This was an increase of $775,266 in the operating loss reported in 2021. Enterprise funds may be used to account for any activity in which a fee is charged. It is not required to have the fee support the entire activity; however, the basic premise in establishing an enterprise fund is that the activity will be operated similar to a business. Therefore, it is expected the enterprise fund would at least be able to meet its obligations currently and into the future. 2018 2019 2020 2021 2022 Operating Revenues $8,422,155 $7,699,582 $8,987,364 $10,682,945 $11,008,837 Operating Expenses 10,367,249 9,570,276 9,342,242 12,178,395 13,279,553 Operating Loss with Depreciation (1,945,094) (1,870,694) (354,878) (1,495,450) (2,270,716) Depreciation 2,881,198 2,880,971 2,900,056 2,957,215 2,948,104 Operating Income without Depreciation 936,104 1,010,277 2,545,178 1,461,765 677,388 $(4,000,000) $(2,000,000) $- $2,000,000 $4,000,000 $6,000,000 $8,000,000 $10,000,000 $12,000,000 $14,000,000 Water Operations 13 City of Eden Prairie Financial Analysis Water Fund 2018 2019 2020 2021 2022 Cash and Investments $13,031,729 $17,264,600 $14,469,884 $21,181,148 $21,853,794 Unrestricted Net Position 12,563,368 13,630,544 7,019,905 8,961,105 14,332,945 $- $5,000,000 $10,000,000 $15,000,000 $20,000,000 $25,000,000 Water Fund The above graph shows the cash and investment and unrestricted net position balances as of December 31, for the last five years. The Water Fund cash and investment balance has increased $8,822,065 since 2018. The cash and investment balance increased $672,646 during 2022 while the unrestricted net position for the Water Fund increased $5,371,840 during the same time period. The increase in unrestricted net position is offset by a decrease in net investment in capital assets due to a change in classification of capital related long-term debt applied towards net position classifications. 14 City of Eden Prairie Financial Analysis Wastewater Operations The following graph illustrates the current operations of the Wastewater Fund for the past five years. Operating income is shown with and without depreciation below. The Wastewater Fund has shown an operating loss in all five years presented. In 2022, the Fund showed an operating loss of $841,205. This is an increase of $822,123 in the operating loss from 2021. The Fund experienced an increase in operating revenue of $56,721 based on rates, while wastewater expenses increased $878,844. The increase in expenses is mainly due to an increase in wages, benefits, repairs and maintenance and project costs for the lift station rehab program. 2018 2019 2020 2021 2022 Operating Revenues $6,356,014 $6,726,548 $6,895,764 $7,460,750 $7,517,471 Operating Expenses 7,443,791 7,658,620 7,501,203 7,479,832 8,358,676 Operating Loss with Depreciation (1,087,777) (932,072) (605,439) (19,082) (841,205) Depreciation 1,738,001 1,710,224 1,677,800 1,677,036 1,663,532 Operating Income without Depreciation 650,224 778,152 1,072,361 1,657,954 822,327 $(2,000,000) $- $2,000,000 $4,000,000 $6,000,000 $8,000,000 $10,000,000 Wastewater Operations 15 City of Eden Prairie Financial Analysis Wastewater Fund 2018 2019 2020 2021 2022 Cash and Investments $5,795,880 $5,626,666 $7,048,754 $8,761,588 $9,476,152 Unrestricted Net Position 6,842,033 7,191,183 8,403,748 10,347,930 11,137,661 $- $2,000,000 $4,000,000 $6,000,000 $8,000,000 $10,000,000 $12,000,000 Wastewater Fund The graph above shows the cash and investment and unrestricted net position balances as of December 31, for the last five years. The Wastewater Fund cash and investment balance has increased $3,680,272 since 2018. In 2022, the Wastewater Fund cash and investment balance increased $714,564 while the unrestricted net position increased $789,731. 16 City of Eden Prairie Financial Analysis Stormwater Operations The following graph illustrates the current operations of the Stormwater Fund for the past five years. Operating revenue increased $139,193 due to increased rates while expenses increased $275,068 compared to 2021. Expenses increased due to an increase in project costs related to the Manor Road Drainage Project. The net effect of the changes in revenues and expenses was operating income of $619,271. 2018 2019 2020 2021 2022 Operating Revenues $2,726,255 $3,125,251 $3,376,785 $3,631,369 $3,770,562 Operating Expenses 2,335,222 2,402,226 2,518,293 2,876,223 3,151,291 Operating Income (Loss) with Depreciation 391,033 723,025 858,492 755,146 619,271 Depreciation 1,081,097 1,120,096 1,162,430 1,187,156 1,148,498 Operating Income without Depreciation 1,472,130 1,843,121 2,020,922 1,942,302 1,767,769 $- $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 $3,000,000 $3,500,000 $4,000,000 Stormwater Operations 17 City of Eden Prairie Financial Analysis Stormwater Fund 2018 2019 2020 2021 2022 Cash and Investments $2,594,649 $3,595,474 $5,396,835 $6,488,795 $5,335,984 Unrestricted Net Position 2,032,899 3,240,336 5,272,296 6,858,202 5,767,989 $- $1,000,000 $2,000,000 $3,000,000 $4,000,000 $5,000,000 $6,000,000 $7,000,000 Stormwater Fund As of December 31, 2022, the Stormwater Fund had an ending net cash and investment balance of $5,335,984. This is a decrease of $1,152,811 compared to 2021. Unrestricted net position at year-end was $5,767,989 and also decreased $1,090,213 compared to the prior year. 18 City of Eden Prairie Financial Analysis Liquor Operations The City's liquor store reported an increase in sales from 2021 to 2022 of 1.2%. Cost of sales increased by 0.9%. Operating expenses in the Liquor Fund stayed relatively consistent with prior year, increasing by $46,029. The City's gross profit percentage increased slightly from 2021 to 2022. The City's gross profit percentage is higher than all of the metro stores presented below and above the metro municipal average. 2018 2019 2020 2021 2022 Sales and Operating Revenue $10,848,725 $10,977,643 $11,711,560 $11,923,359 $12,067,226 Cost of Sales 7,718,631 7,843,984 8,299,999 8,371,936 8,450,887 Gross Profit 3,130,094 3,133,659 3,411,561 3,551,423 3,616,339 Operating Expenses 2,255,144 2,379,148 2,297,060 2,545,548 2,591,577 Operating Income 874,950 754,511 1,114,501 1,005,875 1,024,762 Depreciation 115,367 107,496 73,389 38,021 232,829 Operating Income without Depreciation 990,317 862,007 1,187,890 1,043,896 1,257,591 $- $2,000,000 $4,000,000 $6,000,000 $8,000,000 $10,000,000 $12,000,000 $14,000,000 Liquor Operations 2022 Metro City of City of City of City of City of Municipal Eden Prairie** Eden Prairie** Edina* Richfield* Savage* Average* Sales and operating revenue 12,067,226$ 11,923,359$ 14,313,232$ 13,916,528$ 7,025,084$ 8,221,348$ Costs of sales 8,450,887 8,371,936 10,353,194 10,355,772 4,993,255 6,011,794 Gross profit 3,616,339 3,551,423 3,960,038 3,560,756 2,031,829 2,209,554 Operating expenses 2,591,577 2,545,548 3,166,585 2,558,138 1,464,105 1,651,967 Operating income 1,024,762 1,005,877 793,543 1,002,618 567,724 557,587 Gross profit percentage 30.0% 29.8% 27.7% 25.6% 28.9% 26.9% 2021 *Individual metro municipal and averages obtained from the Office of State Auditor, Analysis of Municipal Liquor Store Operations Report. **Includes building lease activity which can affect comparability of information presented above. 19 City of Eden Prairie Financial Analysis Liquor Fund 2018 2019 2020 2021 2022 Cash and Investments $1,790,067 $1,869,891 $2,330,123 $2,626,281 $2,618,889 Unrestricted Net Position 1,332,343 1,461,891 1,863,641 2,102,879 2,315,074 $- $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 $3,000,000 Liquor Fund The graph above shows the cash and investment and unrestricted net position balances as of December 31 for the last five years. The Liquor Fund cash and investment balance has increased $828,822 since 2018. In 2022, the Liquor Fund cash and investment balance decreased $7,392 while the unrestricted net position increased $212,195. Information above includes building lease activity which should be considered when evaluating fund performance. 20 City of Eden Prairie Financial Analysis Governmental Activities The tables below and on the following page illustrate the City's various sources of revenue and expenditures per capita over a two-year period in comparison to 2021 data for Minnesota cities ranked by various sizes. Year 2020 2021 2022** Population 2,500-10,000 10,000-20,000 20,000-100,000 63,726 64,198 64,142 Property taxes 560$ 529$ 557$ 618$ 638$ 668$ Tax increments 38 36 49 34 42 43 Franchise fees and other taxes 52 66 53 65 64 64 Special assessments 59 41 56 42 40 12 Licenses and permits 45 46 53 66 79 71 Intergovernmental revenues 421 293 202 168 174 209 Charges for services 135 111 110 39 88 111 Other 60 39 26 108 40 19 Total revenue 1,370$ 1,161$ 1,106$ 1,140$ 1,165$ 1,197$ Governmental Funds Revenue Per Capita with State-Wide Averages by Population Class City of Eden Prairie December 31, 2021 State-Wide* * State-wide data obtained from the Office of the State Auditor's 2021 Minnesota City Finances Report. Comparative data for 2022 is not yet available. ** Population range was estimated based on latest available data. Total governmental revenues increased $32 per capita from 2022. The most significant increases were in intergovernmental revenue and property taxes. Intergovernmental revenue increased due to an increase in Municipal State Aid Street funding. Property taxes increased due to an increase in the levy. Other revenue decreased due to less investment income due to market conditions. Charges for services increased due to increased registrations and memberships as the City continues to rebound from COVID. 21 City of Eden Prairie Financial Analysis Governmental Activities (Continued) Year 2020 2021 2022** Population 2,500-10,000 10,000-20,000 20,000-100,000 63,726 64,198 64,142 Current Administration 168$ 131$ 116$ 71$ 72$ 83$ Community development 81 58 59 78 84 91 Police 237 211 228 244 254 270 Fire and other public safety 89 85 99 100 100 107 Public works 144 124 112 96 97 104 Parks and recreation 108 124 107 175 193 213 Other 20 23 18 2 - - Total current 847$ 756$ 739$ 766$ 800$ 868$ Capital outlay and construction 525$ 407$ 317$ 210$ 190$ 224$ Debt service Principal*** 168$ 161$ 110$ 59$ 184$ 42$ Interest and fiscal 48 41 34 14 13 9 Total debt service 216$ 202$ 144$ 73$ 197$ 51$ Governmental Funds Expenditures Per Capita December 31, 2021 State-Wide* City of Eden Prairie with State-Wide Averages by Population Class * State-wide data obtained from the Office of the State Auditor's 2021 Minnesota City Finances Report. Comparative data for 2022 is not yet available. ** Population range was estimated based on latest available data. *** Amounts include bond refunding payments which can affect comparability of information. The City's current expenditures for 2022 were higher than the state-wide average for a city of a comparable population while capital outlay and construction costs were below the average for the year. Debt service expenditures were less than state-wide averages. Overall, governmental expenditures per capita decreased $44 when comparing 2022 to 2021. The decrease was due mainly to the refunding of the 2012A and 2012B G.O. Refunding Bonds in 2021. 22 City of Eden Prairie Financial Analysis Tax Levy, Capacity, And Rates The graph below presents information relating to the City's tax levy, tax capacity and rates. The levy for 2022 includes the General Fund levy of $40,149,554 plus a levy for the Debt Service of $2,553,000 and Capital Project Funds totaling $400,000. As illustrated below, the taxable tax capacity of the City has experienced a steady increase over the last five years. While the City has increased the levy during this period, the tax capacity rate has declined because of increases in market values and tax capacity. $106,602,759 $112,559,846 $116,554,959 $120,595,985 $122,841,504 $37,149,820 $38,278,724 $39,621,102 $41,014,490 $43,102,554 32.35 31.52 31.51 31.43 32.32 - 25.00 50.00 75.00 100.00 $- $20,000,000 $40,000,000 $60,000,000 $80,000,000 $100,000,000 $120,000,000 $140,000,000 2018 2019 2020 2021 2022 Tax Capacity, Levy, and Rates Tax Capacity Certified Tax Levy Tax Capacity Rate City of Eden Prairie Emerging Issues 23 Executive Summary The following is an executive summary of financial related updates to assist you in staying current on emerging issues in accounting and finance. This summary will give you a preview of the new standards that have been recently issued and what is on the horizon for the near future. The most recent and significant updates includes:  Accounting Standard Update – GASB Statement No. 96 – Subscription-Based Information Technology Arrangements GASB has issued GASB Statement No. 96 relating to accounting and financial reporting for subscription-based information technology arrangements. The requirements of this Statement will improve financial reporting by establishing a definition for subscription-based information technology arrangements and providing uniform guidance for accounting and financial reporting for transactions that meet that definition.  Accounting Standard Update – GASB Statement No. 100 – Accounting Changes and Error Corrections GASB has issued GASB Statement No. 100 relating to accounting and financial reporting for accounting changes and error corrections. The requirements of this Statement will improve the clarity of the accounting and financial reporting requirements for accounting changes and error corrections, which will result in greater consistency in application in practice. In turn, more understandable, reliable, relevant, consistent, and comparable information will be provided to financial statement users for making decisions or assessing accountability.  Accounting Standard Update – GASB Statement No. 101 – Compensated Absences GASB has issued GASB Statement No. 101 relating to accounting and financial reporting for compensated absences. The unified recognition and measurement model in this Statement will result in a liability for compensated absences that more appropriately reflects when a government incurs an obligation. In addition, the model can be applied consistently to any type of compensated absence and will eliminate potential comparability issues between governments that offer different types of leave. The following are extensive summaries of the current updates. As your continued business partner, we are committed to keeping you informed of new and emerging issues. We are happy to discuss these issues with you further and their applicability to your City. Accounting Standard Update – GASB Statement No. 96 – Subscription-Based Information Technology Arrangements This Statement provides guidance on the accounting and financial reporting for subscription-based information technology arrangements (SBITAs) for government end users (governments). This Statement (1) defines a SBITA; (2) establishes that a SBITA results in a right-to-use subscription asset – an intangible asset – and a corresponding subscription liability; (3) provides the capitalization criteria for outlays other than subscription payments, including implementation costs of a SBITA; and (4) requires note disclosures regarding a SBITA. To the extent relevant, the standards for SBITAs are based on the standards established in Statement No. 87, Leases, as amended. City of Eden Prairie Emerging Issues 24 Accounting Standard Update – GASB Statement No. 96 – Subscription-Based Information Technology Arrangements (Continued) A SBITA is defined as a contract that conveys control of the right to use another party's (a SBITA vendor's) information technology (IT) software, alone or in combination with tangible capital assets (the underlying IT assets), as specified in the contract for a period of time in an exchange or exchange-like transaction. The subscription term includes the period during which a government has a noncancellable right to use the underlying IT assets. The subscription term also includes periods covered by an option to extend (if it is reasonably certain that the government or SBITA vendor will exercise that option) or to terminate (if it is reasonably certain that the government or SBITA vendor will not exercise that option). Under this Statement, a government generally should recognize a right-to-use subscription asset – an intangible asset – and a corresponding subscription liability. A government should recognize the subscription liability at the commencement of the subscription term, – which is when the subscription asset is placed into service. The subscription liability should be initially measured at the present value of subscription payments expected to be made during the subscription term. Future subscription payments should be discounted using the interest rate the SBITA vendor charges the government, which may be implicit, or the government's incremental borrowing rate if the interest rate is not readily determinable. A government should recognize amortization of the discount on the subscription liability as an outflow of resources (for example, interest expense) in subsequent financial reporting periods. The subscription asset should be initially measured as the sum of (1) the initial subscription liability amount, (2) payments made to the SBITA vendor before commencement of the subscription term, and (3) capitalizable implementation costs, less any incentives received from the SBITA vendor at or before the commencement of the subscription term. A government should recognize amortization of the subscription asset as an outflow of resources over the subscription term. Activities associated with a SBITA, other than making subscription payments, should be grouped into the following three stages, and their costs should be accounted for accordingly:  Preliminary Project Stage, including activities such as evaluating alternatives, determining needed technology, and selecting a SBITA vendor. Outlays in this stage should be expensed as incurred.  Initial Implementation Stage, including all ancillary charges necessary to place the subscription asset into service. Outlays in this stage generally should be capitalized as an addition to the subscription asset.  Operation and Additional Implementation Stage, including activities such as subsequent implementation activities, maintenance, and other activities for a government's ongoing operations related to a SBITA. Outlays in this stage should be expensed as incurred unless they meet specific capitalization criteria. In classifying certain outlays into the appropriate stage, the nature of the activity should be the determining factor. Training costs should be expensed as incurred, regardless of the stage in which they are incurred. City of Eden Prairie Emerging Issues 25 Accounting Standard Update – GASB Statement No. 96 – Subscription-Based Information Technology Arrangements (Continued) If a SBITA contract contains multiple components, a government should account for each component as a separate SBITA or nonsubscription component and allocate the contract price to the different components. If it is not practicable to determine a best estimate for price allocation for some or all components in the contract, a government should account for those components as a single SBITA. This Statement provides an exception for short-term SBITAs. Short-term SBITAs have a maximum possible term under the SBITA contract of 12 months (or less), including any options to extend, regardless of their probability of being exercised. Subscription payments for short-term SBITAs should be recognized as outflows of resources. This Statement requires a government to disclose descriptive information about its SBITAs other than short-term SBITAs, such as the amount of the subscription asset, accumulated amortization, other payments not included in the measurement of a subscription liability, principal and interest requirements for the subscription liability, and other essential information. GASB Statement No. 96 is effective for reporting periods beginning after June 15, 2022. Earlier application is encouraged. Information provided above was obtained from www.gasb.org. Accounting Standard Update – GASB Statement No. 100 – Accounting Changes and Error Corrections – an Amendment of GASB Statement No. 62 The primary objective of this Statement is to enhance accounting and financial reporting requirements for accounting changes and error corrections to provide more understandable, reliable, relevant, consistent, and comparable information for making decisions or assessing accountability. This Statement defines accounting changes as changes in accounting principles, changes in accounting estimates, and changes to or within the financial reporting entity and describes the transactions or other events that constitute those changes. As part of those descriptions, for (1) certain changes in accounting principles and (2) certain changes in accounting estimates that result from a change in measurement methodology, a new principle or methodology should be justified on the basis that it is preferable to the principle or methodology used before the change. That preferability should be based on the qualitative characteristics of financial reporting – understandability, reliability, relevance, timeliness, consistency, and comparability. This Statement also addresses corrections of errors in previously issued financial statements. This Statement prescribes the accounting and financial reporting for (1) each type of accounting change and (2) error corrections. This Statement requires that (a) changes in accounting principles and error corrections be reported retroactively by restating prior periods, (b) changes to or within the financial reporting entity be reported by adjusting beginning balances of the current period, and (c) changes in accounting estimates be reported prospectively by recognizing the change in the current period. The requirements of this Statement for changes in accounting principles apply to the implementation of a new pronouncement in absence of specific transition provisions in the new pronouncement. City of Eden Prairie Emerging Issues 26 Accounting Standard Update – GASB Statement No. 100 – Accounting Changes and Error Corrections – an Amendment of GASB Statement No. 62 (Continued) This Statement also requires that the aggregate amount of adjustments to and restatements of beginning net position, fund balance, or fund net position, as applicable, be displayed by reporting unit in the financial statements. This Statement requires disclosure in notes to financial statements of descriptive information about accounting changes and error corrections, such as their nature. In addition, information about the quantitative effects on beginning balances of each accounting change and error correction should be disclosed by reporting unit in a tabular format to reconcile beginning balances as previously reported to beginning balances as restated. Furthermore, this Statement addresses how information that is affected by a change in accounting principle or error correction should be presented in required supplementary information (RSI) and supplementary information (SI). For periods that are earlier than those included in the basic financial statements, information presented in RSI or SI should be restated for error corrections, if practicable, but not for changes in accounting principles. GASB Statement No. 100 is effective for reporting periods beginning after June 15, 2023. Earlier application is encouraged. Information provided above was obtained from www.gasb.org. Accounting Standard Update – GASB Statement No. 101 – Compensated Absences The objective of this Statement is to better meet the information needs of financial statement users by updating the recognition and measurement guidance for compensated absences. That objective is achieved by aligning the recognition and measurement guidance under a unified model and by amending certain previously required disclosures. This Statement requires that liabilities for compensated absences be recognized for (1) leave that has not been used and (2) leave that has been used but not yet paid in cash or settled through noncash means. A liability should be recognized for leave that has not been used if (a) the leave is attributable to services already rendered, (b) the leave accumulates, and (c) the leave is more likely than not to be used for time off or otherwise paid in cash or settled through noncash means. Leave is attributable to services already rendered when an employee has performed the services required to earn the leave. Leave that accumulates is carried forward from the reporting period in which it is earned to a future reporting period during which it may be used for time off or otherwise paid or settled. In estimating the leave that is more likely than not to be used or otherwise paid or settled, a government should consider relevant factors such as employment policies related to compensated absences and historical information about the use or payment of compensated absences. However, leave that is more likely than not to be settled through conversion to defined benefit postemployment benefits should not be included in a liability for compensated absences. City of Eden Prairie Emerging Issues 27 Accounting Standard Update – GASB Statement No. 101 – Compensated Absences (Continued) This Statement requires that a liability for certain types of compensated absences – including parental leave, military leave, and jury duty leave – not be recognized until the leave commences. This Statement also requires that a liability for specific types of compensated absences not be recognized until the leave is used. This Statement also establishes guidance for measuring a liability for leave that has not been used, generally using an employee's pay rate as of the date of the financial statements. A liability for leave that has been used but not yet paid or settled should be measured at the amount of the cash payment or noncash settlement to be made. Certain salary-related payments that are directly and incrementally associated with payments for leave also should be included in the measurement of the liabilities. With respect to financial statements prepared using the current financial resources measurement focus, this Statement requires that expenditures be recognized for the amount that normally would be liquidated with expendable available financial resources. This Statement amends the existing requirement to disclose the gross increases and decreases in a liability for compensated absences to allow governments to disclose only the net change in the liability (as long as they identify it as a net change). In addition, governments are no longer required to disclose which governmental funds typically have been used to liquidate the liability for compensated absences. GASB Statement No. 101 is effective for reporting periods beginning after December 15, 2023. Earlier application is encouraged. Information provided above was obtained from www.gasb.org. UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, APRIL 04, 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. ECONOMIC DEVELOPMENT UPDATE Dave Lindahl, Economic Development Manager for City of Eden Prairie, began by overviewing the various topics he would discuss throughout the presentation. Lindahl mentioned the Innovation Sandbox; Economic Development (ED) Fund Infrastructure Projects; Development Activities; Leasing Updates; High Profile Vacancies in Eden Prairie; Chamber of Commerce Collaborations; and a SouthWest Light Rail Transit (SWLRT) Construction Update. The Innovation Sandbox, Lindahl explained, began about four years ago with the goal of doing more to support entrepreneurship in Eden Prairie (EP). It evolved into a space that the EP School District plans to build at the EP High School (EPHS) as a collaboration between the City, EP Schools, the Chamber of Commerce, and 1Million Cups. The new dedicated space will provide educational programing around entrepreneurship; opportunity for collaboration between students and entrepreneurs; after hours availability to entrepreneurs, and for meetings and events; guest instructors; potential office space for start-ups; and a “point of sale” for student-based products. Lindahl showed the Council concept images of the Innovation Sandbox located inside the south entrance of EPHS, and explained that EPHS would potentially be under construction in late 2024 so the space might be available for the beginning of the 2025 school year. Lindahl moved on to discuss several ED funded infrastructure projects, beginning with improvements at Singletree Lane and Prairie Center Drive. The project will reconfigure the right turn for improved safety and redesign the corner plaza area for enhanced aesthetic value. Next, Lindahl provided an update on the Town Center Place Plaza with Flying Red Horse project. Mayor Case, with agreement from Councilmembers, suggested using the word “historic” in place of “iconic” on the sign. Lindahl explained that the City has applied for a $160,000 grant through City Council Workshop Minutes January 7, 2020 Page 2 Hennepin County (HC) to cover half of the total Plaza cost. Discussion ensued around text and lighting of sign. The next project Lindahl highlighted was the Golden Triangle Station Trail Connection. The new trail would stretch from Golden Triangle Area (GTA) Station to Valley View Road, which is approximately a half mile, and would connect with the existing City trail network. The trail would provide pedestrian, bike, and micro mobility access to approximately 9,000 jobs and 300 housing units, and is identified in the Aspire 2040 Comprehensive Plan as well as HC’s Transitional Station Area Action Plan as a priority connection and opening day improvement. The City is applying for a $500,000 HC Transit-Oriented Development (TOD) Grant to help fund the project. The final ED Fund assisted infrastructure project Lindahl covered was the West 70th Street (East) Extension, which provides access to GTA Station. In 2015, the City obtained a $470,000 HC Grant to help fund east and west segments, and the west segment was completed in 2016. The East segment construction is expected to take place in 2024, for which the ED Fund is providing $560,000 for its completion. Next, Lindahl moved on to discuss various development activities in Eden Prairie, beginning with the former Vikings and Winter Park property. Over the last four years the City has engaged in discussions with the owner regarding development options. The concept plan shared last December showed apartments and commercial redevelopment. Staff is encouraging property density similar to Elevate and Paravel apartments. The Crosstown Core Industrial Building project involves redevelopment of former Kabuki Restaurant and the adjacent parking lot. The 65,000 square foot multi-tenant spec building is currently under construction with projected completion in 2023. Lindahl then introduced the new Bush Lake Vet Clinic project currently under review. Located at Hennepin Town Road and Pioneer Trail, the vet clinic would take up about 4,000 square feet of the 5,367 square foot building; the remaining space would be open for commercial use. Another project under review is Baker Road Senior Living which consists of 126 senior assisted living units on the southwest corner of Baker Road and West 62nd Street. This development project would repurpose of the existing 9,000 square foot office building and add a 32,000 square foot addition. Next, Lindahl discussed the highly successful Asia Mall development project which opened in November 2022. This project involved major renovation of the former Gander Outdoors building, and they continue to work through parking challenges. City Council Workshop Minutes January 7, 2020 Page 3 Lindahl outlined two car washes that are under review for each of the former Burger King sites. The first is Mister Carwash on Crystal View Road, and the other is Crew Car Wash on Terry Pine Drive. Lindahl noted that the Burger King franchise will not sell their properties for a food use. The grocery box building which is part of the Flying Cloud Commons redevelopment by Oppidan Development, remains vacant. It is unclear at this point if the 40,000 square foot grocery store building, for which Oppidan has a lease for Amazon, will become an Amazon Fresh. Amazon is apparently pausing all new store rollouts to reevaluate their concept. There is currently no word from Oppidan regarding alternative uses if Amazon backs out. Discussion ensued regarding alternative options for the building. Construction is underway at the former Jakes restaurant site which may include a relocation of another vet clinic. The balance of the space would most likely be available for a food-related space. Lindahl provided an overview of the Fat Pants Patio Expansion which is currently under review. The project would include an expansion to their current patio space with an area for music and increased landscaping. Moving on from the various development activities, Lindahl dove in to the leasing activities in Eden Prairie. Smith Coffee’s lease term runs through 2027 and has several projects starting Spring 2023. Both rain gardens will be completely restored, new lighting has been installed and new furniture and seating is in the works. Lastly, they are planning new landscaping along the north property line. The landscaping proposal for this City-owned property was developed by the City and represents a strong design plan which takes into account the future of the property. At 8098 Glen Lane, The EP Montessori School’s lease term runs through September 2027. One of two Montessori schools operated in EP, it is a thriving business and successful location. Lotus Nails, located at the Den Road EP municipal liquor building, has a lease term that runs through September 2024. Lindahl explained that the business has struggled coming out of the Covid pandemic, and the City will likely learn later this year or early 2024 if they intend to renew their lease. Chuck and Don’s, with a lease term through 2029, is doing very well despite the parent company filing bankruptcy in early 2023. The Eden Prairie store is expected to stay open at the Den Road municipal liquor building. Lindahl briefly discussed the City Center space formerly occupied by UNFI and EP Schools which is being considered for new Police Department headquarters and parking. This remodel would open the current police department area as leasable building space. City Council Workshop Minutes January 7, 2020 Page 4 Lindahl went on to touch on various high profile building vacancies. One of the largest is the 450,000 square foot Prairie Commons building at 13625 Technology Drive, currently occupied by Optum. Their lease expires in December 2023 and the property is on the market with Cushman Wakefield looking to lease. At 12125 Technology Drive, a 155,000 square foot former Optum building is on the market which the company had put a lot of money into before finding that the space was unneeded after the Covid pandemic. The Eden Bluff Corporate Center is a 150,000 square foot building that is on the market for lease and is currently occupied by CH Robinson. It is unclear at the moment if CH Robinson intends to extend their lease agreement with the building owners. Lindahl explained that UNFI intends to sell their entire campus in on the southwest side of Bryant Lake. Their situation is a common one; occupying only about 20 percent of their building as more people are working from home, they intend to find a much smaller building which will meet their needs. One 175,000 square foot building occupies 105 acres and has been occupied by UNFI since the 1970s. Most of the land is zoned for office; and part of property is guided for medium density residential, but the land would be difficult to develop due to wetlands and hills. The developable land is likely to be desirable for housing development of apartments or townhomes. Discussion ensued regarding north side lake frontage land and potential pushback from residents on the other side of the lake. The American Family Insurance Campus by Opus Park has been on the market for almost a year. Like so many companies, they no longer need the space. The campus includes two buildings totaling 208,000 square feet, on 14 acres. The land presents potential for residential development. Due to its proximity to Minnetonka, this would require collaboration with City of Minnetonka as it would impact their road system. Next, Lindahl provided an EP Chamber of Commerce collaboration update. Lindahl touched on various events including the Economic Development Bus Tour; Annual Career Expo at EPHS; Session Priorities Event and Dinner; Congressman Dean Philipps Luncheon; Annual Golf Fundraiser; and the Annual Meeting. Community Development Director Julie Klima explained that Dave Lindahl was presented the President’s Award from the EP Chamber for his longstanding service to the community and for being such a strong proponent and supporter of the EP Chamber and the City’s efforts. Lindahl offered a brief update on SWLRT construction, stating that the new passenger waiting area will be open for SouthWest Transit in April or May of 2023 City Council Workshop Minutes January 7, 2020 Page 5 The Green Line LRT Extension project will force closure of the Highway 212 Prairie Center Drive ramp for 12 weeks beginning April 10. Lindahl detailed detour routes, including the preferred route for EP Center traffic. Lastly, Lindahl discussed the Eden Prairie Realtor’s Forum which will take place May 12, 2023. The forum is a collaboration between the City, Schools, and Metro Area Realtors (MAR), intended to keep local realtors informed of community developments. The event includes a bus tour of recent developments in addition to a classroom session, and it offers continuing education credit for local Realtors. Past forums have taken place in 2011, 2013, 2016, and most recently in 2019. Discussion ensued about various business and non-profit town hall meetings and opportunities. Council also discussed the trend of business office buildings diminishing following Covid. Open Podium - Council Chamber (6:30) I. OPEN PODIUM III. ADJOURNMENT UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, APRIL 4, 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, Fire Chief Scott Gerber, and Acting City Attorney Joshua Dorothy 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. PRESENTATION OF SUN CURRENT READER’S CHOICE AWARDS FOR THE BEST RECREATIONAL CENTER AND BEST WATER PARK Getschow introduced the item and invited Lotthammer to continue the Staff presentation. Lotthammer explained The Reader’s Choice from The Sun Current award winners are selected during a six-week voting period by print and online readers through a Reader’s Choice Survey. Organizations located within a regional territory around Eden Prairie are among this year’s 2023 award winners in various categories. This is the third year that Round Lake Splash Pad has been recognized for “Best Water Park.” Community Center Manager Valerie Verley added The Sun Current 2023 Reader’s Choice Award for “Best Recreational Center” has been awarded to the Eden Prairie Community Center. This is the eighth year in a row that the Community Center has received the recognition for “Best Recreational Center.” The Community Center is seeing an increase in visitors again since the pandemic. She thanked the Council for their support. CITY COUNCIL MINUTES April 4, 2023 Page 2 Narayanan asked if the numbers are back to the 2019 numbers. Verley explained there were about 2600 memberships in 2019, and they are currently at around 2000 members. Narayanan congratulated the Community Center for its continued success. B. ACCEPT ARBOR DAY PROCLAMATION Case pointed out Eden Prairie was one of the first to create such a strong ordinance in regards to sustaining trees, and it has been copied a number of times. He read the Proclamation. Getschow noted there is an Arbor Day Walk and Green Fair on April 29, 2023 at Staring Lake Park. There is also a park cleanup day on April 15, 2023. The Sustainability Commission is also working on an event. C. ACCEPT DONATION FROM J.A. PRICE AGENCY FOR HOMETOWN CELEBRATION ON JULY 3RD AND 4TH (Resolution No. 2023-44) Lotthammer explained The Hometown Celebration is an annual event on July 3rd and 4th with games, music, refreshments, activities and fireworks. This donation will help continue this free special event, which is offering even more free activities for the community in 2023 with July 3rd dedicated to families and children and July 4th hosting music, food, and fireworks. He pointed out this is an annual donation from J.A. Price Agency. MOTION: Nelson moved, seconded by Freiberg, to adopt Resolution No. 2023-44 accepting the donation of $1,000 from J.A. Price Agency for the July 3rd and 4th Hometown Celebration. Motion carried 5-0. D. ACCEPT DONATION FROM MEDEXPRESS URGENT CARE FOR WINTER BLAST (Resolution No. 2023-45) Lotthammer explained this item is to accept a donation for Winter Blast, an annual event in January. This donation will help continue this free special event. MOTION: Toomey moved, seconded by Narayanan to adopt Resolution No. 2023-45 accepting the donation of $350 from MedExpress Urgent Care for the Winter Blast. Motion carried 5-0. Case pointed out such donations allow taxpayer dollars to stretch even further, and the Council sincerely appreciates the donations. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS CITY COUNCIL MINUTES April 4, 2023 Page 3 MOTION: Nelson moved, seconded by Freiberg to approve the agenda as published. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MARCH 21, 2023 B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 21, 2023 MOTION: Narayanan moved, seconded by Freiberg, to approve the minutes of the Council workshop held Tuesday, March 21, 2023, and the City Council meeting held Tuesday, March 21, 2023, as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK’S LIST B. APPROVE 2022 UNBUDGETED FUND TRANSFERS C. DIRECT STAFF TO NOT WAIVE THE MONETARY LIMITS ON TORT LIABILITY ESTABLISHED BY MINNESOTA STATUTE 466.04 D. ADOPT RESOLUTION NO. 2023-46 TO OPT-IN TO THE NATIONAL OPIOID SETTLEMENT E. AWARD CONTRACT TO NAC MECHANICAL AND ELECTRICAL SERVICES FOR MAINTENANCE FACILITY ROOFTOPS F. APPROVE AMENDED AND RESTATED DEVELOPMENT AGREEMENT FOR GTS HOUSING (BLUE STEM NORTH) G. APPROVE TOWN CENTER PLAZA ENCROACHMENT AGREEMENT H. AWARD CONTRACT FOR THE PURCHASE AND INSTALLATION OF PLAYGROUND EQUIPMENT TO ST. CROIX RECREATION I. AWARD CONTRACT FOR NESBITT PRESERVE PARK TRAIL AND PAVEMENT IMPROVEMENTS TO MINNESOTA ROADWAYS CO. J. APPROVE CONSTRUCTION CONTRACT AGREEMENT WITH AMERICAN LIBERTY CONSTRUCTION, INCORPORATED FOR CONSTRUCTION OF WELL HOUSE 17 AND TRANSMISSION MAIN LINE PROJECT K. APPROVE MODEL USE AGREEMENT WITH RILEY PURGATORY BLUFF CREEK WATERSHED DISTRICT CITY COUNCIL MINUTES April 4, 2023 Page 4 L. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH WATERFRONT RESTORATION TO CONDUCT WATERCRAFT INSPECTIONS M. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BLUE WATER SCIENCE FOR THE 2023 LAKE SAMPLING PROGRAM N. AWARD CONTRACT FOR MN 101 WATERMAIN EXTENSION TO NORTHDALE CONSTRUCTION COMPANY O. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO FOR CONSTRUCTION ADMINISTRATION FOR THE MN 101 WATERMAIN EXTENSION PROJECT P. AWARD CONTRACT FOR 2023 CURB AND GUTTER REPLACEMENT TO CURB MASTERS INC. Q. AWARD CONTRACT FOR THE PRAIRIE CENTER DR AND SINGLETREE LN IMPROVEMENTS TO NEW LOOK CONTRACTING, INC. R. APPROVE PURCHASE OF TWO LIFT STATION PANELS FROM INTEGRATED PROCESS SOLUTION, INC. S. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH AE2S FOR ELECTRICAL ENGINEERING DESIGN AND CONSTRUCTION ADMINISTRATION OF THE 2023-2024 WASTEWATER LIFT STATION REHABILITATION PROJECT T. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH AE2S FOR INSTRUMENTATION AND CONTROL SYSTEMS PROGRAMMING AND CONFIGURATION FOR WASTEWATER LIFT STATION REHABILITATION PROJECTS U. AWARD CONTRACT FOR 2023 MUDJACKING PROJECT TO NORTHSTAR MUDJACKING AND MORE V. AWARD CONTRACT FOR 2023 SPRING AND FALL STREET SWEEPING TO PEARSON BROTHERS INC. W. AWARD CONTRACT FOR 2023 STREET STRIPING PROJECT TO SIR LINES-A-LOT LLC. X. AWARD CONTRACT FOR 2023 CRACKSEAL PROJECT TO NORTHWEST ASPHALT AND MAINTENANCE MOTION: Toomey moved, seconded by Narayanan, to approve Items A-X on the Consent Calendar. Motion carried 5-0. CITY COUNCIL MINUTES April 4, 2023 Page 5 IX. PUBLIC HEARINGS / MEETINGS A. HOLIDAY INN EXPRESS POOL ADDITION by Michael Monn Architects. Site plan review on 2.99 acres Getschow explained the item is regarding a hotel at 7740 Flying Cloud Drive, which was most recently a Comfort Inn, and is being rebranded to a Holiday Inn Express. As a part of this rebranding, the building owners are planning to add a pool on the first level. Getschow stated the applicant is therefore requesting a Site Plan Amendment to construct an approximately 1,800 square foot building addition to accommodate this pool. Parking stalls are also being removed to comply with parking setbacks, which are currently not code compliant in some areas due to right of way acquisition for the Light Rail project. Overall, the plans meet City Code standards, and no waivers are being requested. Getschow added it is a minor amendment, so it was not reviewed by the Planning Commission, Ankit Bhakta, owner of the hotel, provided a PowerPoint presentation. He showed an overview of the site and pointed out the parking lots that would be replaced with a pool. There is also a plan to convert some rooms to suites, so there will be a decrease in rooms from 119 to 99. There will still be an excess of parking spots. Mr. Bhakta added there is a franchise requirement for the exterior materials. He showed renderings of the exterior and the proposed addition. There were no comments from the audience. MOTION: Nelson moved, seconded by Narayanan, to close the public hearing, and to direct Staff to prepare a development agreement incorporating Staff and Commission recommendations and Council conditions. Nelson noted it will be an asset to the City for the building to be updated. VOTE ON THE MOTION: Motion carried 5-0. B. APPROVE FIRST READING OF THE ORDINANCE TO AMEND CITY CODE CHAPTER 11 RELATING TO A NEW MIXED USE ZONING DISTRICT Getschow introduced the item and pointed out the Comprehensive Plan, ASPIRE 2040, established a Mixed-Use land use category with the intent to provide for a mix of differing but compatible land uses that, due to their location, would not qualify for Transit Oriented (TOD) or Town Center (TC) zoning. CITY COUNCIL MINUTES April 4, 2023 Page 6 Klima explained a new zoning district, Mixed Use, has been created to provide an opportunity for businesses and property owners to reinvest in their property while retaining many of the same rights and opportunities in the existing zoning districts. No new non-conformities would be created. Klima stated the Ordinance allows for high density residential, in addition to the same uses allowed in commercial districts. Because of the likely sharing of uses, the Mixed-Use district proposes a reduction in parking for retail and shopping center uses, freeing up unused parking areas for redevelopment and reflecting shared parking opportunities. Other changes from the existing regulations include a requirement for a master sign plan, ‘cohesive’ development, in the form of thoughtful application of design elements between structures, and codifying practice of requirements for pedestrian mobility and bicycle parking. Klima noted use development is envisioned in horizontal (two or more uses in one or more lots, or vertical (two or more uses in a single building) configurations. A goal of mixed-use developments is a cohesive design, where some thought is made toward the application of design elements of a project. This action would only establish the zoning regulations for the Mixed-Use district in the zoning ordinance. Any rezoning of property would be a separate action and would be expected to be initiated by the property owner. Case asked what the difference is between a planned unit development (PUD) and a mixed-use zoning district. Klima explained a PUD can be used in any zoning district while the mixed-use zoning district allows a mix of permitted uses. Case asked if it is correct that a zone can be placed on existing properties as long as the owner can still realize its value. Klima stated any rezoning of property would be a separate action and would be expected to be initiated by the property owner. Nelson asked if the landscaping requirements would remain the same. Klima stated the landscaping requirements for mixed-use would be consistent with commercial or residential zoning, depending on the use of the space. Benches and other street furniture are required as part of a development proposal for mixed-use zoning projects. Nelson asked if sidewalk sales would be impacted by the zoning change. Klima stated any current code related to public events would be the same for mixed-use zoning establishments. Toomey asked if the change is a trend among other area. Klima stated it is a trend both regionally and nationally for cities with a similar makeup as Eden Prairie. CITY COUNCIL MINUTES April 4, 2023 Page 7 Freiberg stated the change is anticipating future needs. Klima confirms the change allows for additional flexibility. There were no comments from the audience. MOTION: Toomey moved, seconded by Nelson, to close the public hearing, and to approve the 1st Reading of the Ordinance to Amend City Code Chapter 11 and Chapter 9 relating to a new Mixed Use Zoning District. Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Freiberg moved, seconded by Narayanan 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 1. MAYOR’S WATER CHALLENGE (Resolution No. 2023-47) Case explained the resolution is a commitment from the City of Eden Prairie to once again support water conservation efforts by encouraging residents to participate in the Mayor’s Challenge for Water Conservation from April 1 to April 30, 2023. Getschow noted individuals have the opportunity to win prizes. MOTION: Narayanan moved, seconded by Toomey, to set adopt Resolution No. 2023-47 supporting the Wyland Mayor’s Challenge for Water Conservation. Motion carried 5-0. 2. CITY MANAGER’S PERFORMANCE REVIEW Case provided details on the role of the City Manager in comparison to the City Council and a summary of the Closed Session held at the previous City Council meeting. The Closed Session included discussion of fiscal and programmatic successes during 2022. The Council gave Getschow overwhelming praise and noted his strong CITY COUNCIL MINUTES April 4, 2023 Page 8 leadership in the City. He thanked Getschow for his service to Eden Prairie. MOTION: Toomey moved, seconded by Freiberg, to set City Manager Rick Getschow’s salary to statutory cap plus 210 hours of paid time off. Motion carried 5-0. 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: Narayanan moved, seconded by Nelson, to adjourn the meeting. Motion carried 5-0. Mayor Case adjourned the meeting at 7:48 p.m. Respectfully submitted, ________________________ Nicole Tingley, City Clerk - 1 - CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: May 2, 2023 DEPARTMENT/DIVISION: Christy Weigel, Police/ Support Unit ITEM DESCRIPTION: Clerk’s License Application List ITEM NO.: VIII.A. These licenses have been approved by the department heads responsible for the licensed activity. Requested Action Motion: Approve the licenses listed below Gambling/Bingo Organization: Eden Prairie Chamber of Commerce Place: Fat Pants Brewing Co 8335 Crystal View Road Date: May 11, 2023 Gambling/Bingo Organization: The Preserve Assication Place: Preserve Community Center Barn 11221 Anderson Lakes Pkwy Date: July 21, 2023 CITY COUNCIL AGENDA SECTION: Consent Calendar DATE May 2, 2023 DEPARTMENT / DIVISION Administration Rick Clark, Facilities ITEM DESCRIPTION City Center Fire Panel Upgrade ITEM NO. VIII.B. Requested Action Move to: Award contract to Johnson Controls Inc. to install updated modules into our current fire panel for the City Center building for $58,010 Synopsis Minnesota Statutes Section 471.345, subdivision 15, permits the City to contract for the purchase of supplies, materials, or equipment without regard to competitive bidding requirements if the purchase is through a cooperative created by a joint powers agreement that purchases items from more than one source on the basis of competitive bids or competitive quotations. The City participates in a cooperative purchasing program called Sourcewell, formerly the National Joint Powers Alliance, which is a service cooperative created by Minnesota law and authorized to establish competitively awarded purchasing contracts on behalf of its participating entities. In 2021, Sourcewell competitively bid and awarded a contract to Johnson Controls, Inc., for facility security systems, equipment, and software with related services. As a participating entity, the City will use this Sourcewell contract with Johnson Controls Inc. for the installation of a new module into the fire panel system. 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 Sourcewell. Background The City Center and City staff conducted a Fire drill last year by pulling a fire pull station. The drill was a success however it did bring to our attention that our flashing strobes were not synchronized which is code per the Fire Marshall. To synchronize our strobes, we must update a module within the current fire panel. This update will also allow us to have future serviceability that we currently do not have. Staff worked closely with the Fire Marshall for proper removal and addition of additional equipment as required. Attachments Standard Agreement for Contracted Services with Johnson Controls Inc. Requested Action Move to: Declare various equipment as surplus. Synopsis: The City has a surplus of obsolete computer equipment. The IT equipment in the attached list is of no use and will be recycled. PC’s for People, based in St. Paul MN, will pick up computer equipment for recycling and disposal. Based on items in this list, we do not anticipate any charges for removal. For disposal of certain types of equipment, the city may be charged a nominal fee. All equipment will be disposed of as authorized by City Code Section 2.86, Subd. 3. The City’s Streets Division has several skid steer attachments which are no longer being used or need major repair. The equipment are being surplused for either trade-in value or auction. The Eden Prairie Police Department has six firearms and one suppressor that have reached the end of their service life with our department. The money from the sale of these items to a private federally licensed vendor would be used to supplementally fund the 2024 squad rifle CIP Project. The equipment described on the attached Exhibit A will be sold “as is” with no representations or warranties as to condition. The Eden Prairie Police Department is in a several year process to transition away from the Kustom brand squad mounted radars due to increasing maintenance costs and transitioning to a more advanced model. The Eden Prairie Police Department has four squad mounted radar units that have reached the end of their service life with our department. Some of the radars may still be usable for agencies who do not have the financial ability to purchase new models. A partnership with the MN Office of Traffic Safety will allow that agency to find police agencies who have a need for used equipment. We request the ability to donate or dispose of the radar units. Attachment: List of surplus equipment. CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: May 2, 2023 DEPARTMENT/DIVISION: IT Manager, Aditi Salunke Public Works Director, Robert Ellis Police Chief Matt Sackett ITEM DESCRIPTION: Declare equipment as surplus. ITEM NO.: VIII.C. Asset Type Manufacturer Model Serial Number Tablet Apple iPad DMPQQJY7G5WQ Tablet Apple iPad DMPQC1UFG5WQ Tablet Apple iPad DMPQQJK3G5WQ Tablet Apple iPad DMPQQK9LG5WQ Phone Mitel 5330e IP 1WDFW1434231 UPS APC Back-UPS 550 4B1645P29160 UPS APC Back-UPS 550 4B16453P2070 UPS APC Back-UPS 550 4B1434P51997 UPS APC BR1500G 4B1405P38922 Monitor ViewSonic VA2265SMH U99173841374 Monitor HP E223 3CQ91808Y7 Modem Actiontec M1000 CMAB9251208302 Credit Card Reader Ingenico Lane/3000 221997313031070000000000 Laptop HP ProBook 440 G3 5CD62516JM Computer HP EliteDesk 800 G3 2UA8061PTG Computer HP EliteDesk 800 G3 MXL83224GP Computer HP EliteDesk 800 G4 MXL9362NHM Computer HP EliteDesk 800 G3 MXL8411SL8 Computer HP EliteDesk 800 G4 MXL9362NHG Computer HP EliteDesk 800 G3 MXL8411SL1 Computer HP EliteDesk 800 G4 MXL8502F2N Computer HP EliteDesk 800 G4 MXL8502F2B Tablet Apple iPad DMPRVA0YG5WQ Tablet Apple iPad DMPS73J5G5WQ Tablet Apple iPad DMPS6DVDG5WQ Tablet Apple iPad DMPS6CNHG5WQ Phone Cetis 3179-9319X ZX1207015468 Tablet Apple iPad DMPNQE4XG5WQ Tablet Apple iPad DMQNQ89ZG5WQ Tablet Apple iPad DMPNQE2DG5WQ Tablet Apple iPad DMPNQAWQG5WQ Monitor Dell 1907FPf CN-0CJ319-72872-724-2D1L Computer HP EliteDesk 800 G4 MXL9362NHS Computer HP EliteDesk 800 G4 MXL9362NHQ Computer HP EliteDesk 800 G3 MXL83224GQ Computer HP EliteDesk 800 G3 MXL83224GS Computer HP EliteDesk 800 G3 MXL8232NM1 Computer HP EliteDesk 800 G3 MXL8232NLR Computer HP EliteDesk 800 G3 MXL8411SL3 Computer HP EliteDesk 800 G3 2UA8162FBH Computer HP EliteDesk 800 G3 MXL83224H0 Computer HP EliteDesk 800 G4 MXL9141WSC Computer HP EliteDesk 800 G3 MXL8411SLD Computer HP EliteDesk 800 G3 MXL8232NLW Wheel Saw Bobcat WS 18 991800267 Angle Broom Bobcat AB 68 991800267 Snow Blower Bobcat SB 200 72 712902289 Firearm Heckler & Koch MP5 9mm Rifle with 4 magazines and 2 couplers 62-352757 Firearm Heckler & Koch MP5 9mm Rifle with 3 magazines and 2 couplers 62-366730 Firearm Heckler & Koch MP5 9mm Rifle with 3 magazines and 2 couplers 62-352756 Firearm Heckler & Koch MP5 9mm Rifle with 4 magazines and 2 couplers 62-352755 Firearm Surefire 5.56 Suppressor Model M4FA D01782 Firearm H.S. Precision Pro Series 2000 SA .308 Rifle 6848 Firearm H.S. Precision Pro Series 2000 SA .308 Rifle 4550 Radar Kustom Signals Golden Eagle and two associated antennas (KM36393 and DE56634)E31289 Radar Kustom Signals Directional Golden Eagle II and two antennas (DE56635 and DE56634)XE30070 Radar Kustom Signals Directional Golden Eagle II and two antennas (DE37405 and DE31859)XE20891 Radar Kustom Signals Directional Golden Eagle II and two antennas (DE36380 and DE36382)XE20387 CITY COUNCIL AGENDA SECTION: Consent DATE: 05/02/2023 DEPARTMENT/DIVISION: Community Development/Planning Julie Klima/ Jeremy Barnhart ITEM DESCRIPTION: Code Amendment in Chapter 11 relating to adding the Mixed-Use Zoning District and associated amendments of other sections of Chapters 11 and 9 related to the Mixed- Use Zoning District. ITEM NO.: VIII.D. Requested Action Move to: • Approve the second reading of the Ordinance to Amend City Code Chapters 11 relating to adding the Mixed-Use Zoning District and associated amendments of other sections of Chapter 11 and Chapter 9 related to the Mixed-Use Zoning District. • Adopt Resolution Approving the Summary Ordinance and Ordering the publication of said summary. Synopsis This is the second reading of the Ordinance to Amend City Code Chapter 11 relating to adding the Mixed-Use Zoning District and associated amendments of other sections of Chapter 11 and Chapter 9 related to the Mixed-Use Zoning District. The final version of the ordinance reflects a more refined definition for the term shopping center. This definition has also been relocated to the definition section of the ordinance. Attachments 1. Ordinance 2. Resolution of Summary Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. ____-2023 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11 BY ADDING SECTION 11.24 RELATING TO THE CREATION OF A MIXED USE ZONING DISTRICT AND MAKING RELATED AMENDMENTS TO SECTIONS 11.02, 11.03, AND 11.70; AMENDING CITY CODE CHAPTER 9, SECTION 9.01 TO ADD REFERENCES TO NEW ZONING DISTRICTS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTIONS 9.99 AND 11.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. City Code Chapter 11, is hereby amended by adding a new Section 11.24 Mixed Use by inserting the following new text: SECTION 11.24 MIXED USE DISTRICT Subd. 1. Intent and Purpose. The intent of the Mixed Use (MU) Zoning District is to promote the reinvestment in and economic vitality of the major shopping center and surrounding areas by providing a mix of differing but compatible land uses in select areas of the community not eligible for the Transit Oriented Development (TOD) or Town Center (TC) zoning districts. The purposes of the MU zoning district are to: A. Provide a site at an appropriate location for a major shopping center which serves a wider region than the City itself consistent with the intent of the Comprehensive Plan. B. Provide concentrated opportunities for multi-family residential buildings, retail stores, offices, service establishments, and amusement establishments for the convenience of the public and in mutually beneficial relationship to each other; C. Ensure development occurs in accordance with high standards of cohesive site planning, architecture, and landscape design. D. Maximize connections between various land uses, including promoting mobility for pedestrians and bicycles. E. Provide adequate space to meet the needs of modern commercial development, including off- street and bicycle parking and truck loading areas; F. Provide opportunities for attached family living at a reasonable density consistent with sound standards of public health and safety. Subd 2. Design Guidelines. All new development, redevelopment, and subdivisions within the MU zoning district must comply with the architectural standards established in Section 11.03. Subd. 3. Use Classifications and Permitted Uses. The MU zoning district is intended to provide for a mix of use classifications. More than one use classification must be included within a development project area in the MU zoning district. The mix of uses may be found vertically (two uses within single building), or horizontally (two or more uses in separate buildings on the same or adjacent lots). The following use classifications are permitted in the MU zoning district. Within each use classification, permitted uses are listed below: A. Commercial Permitted Uses 1. Direct retail sales to users of goods and services conducted within structures and accessory uses. 2. Day care facility 3. Small brewer with brewer taproom 4. Microdistillery with cocktail room B. Office Permitted Uses 1. Business and professional offices 2. Medical and dental clinics C. Residential Permitted Uses 1. Multiple family attached dwellings Offices for the sole purpose of leasing on-site residential units are not considered an office use for the purpose of determining if a project is mixed use. D. Public Infrastructure Permitted Uses 1. Antennas and towers, in those locations and subject to the limitations contained in Section 11.06. Antennas and towers may not be a principal use. 2. Public infrastructure Subd. 4. Required Conditions A. An application to rezone property to MU will be considered only based on the Comprehensive Guide Plan for the entire area to be rezoned and specific plans for structures and site development or redevelopment. B. Proposals for development or redevelopment in the MU zoning district will be reviewed by the City as part of the Site Plan and Architectural Design Review processes outlined in Section 11.03 or as part of the PUD review process as provided in Section 11.40. C. To be considered a mixed-use project permitted in the MU district, the project must incorporate two or more use classifications, i.e., residential, commercial, or office. Proposals for development or redevelopment proposals in the MU zoning district must establish a cohesive site design through the use of complementary elements including but not limited to building materials, architectural style, landscaping, lighting fixtures, and signage. Proposals may include the incorporation of elements found in nearby mixed-use projects as a means of establishing a cohesive design. E. Acceptable, approved sanitary sewer, and water services must be provided to all occupied structures. F. Any provision contained in this section that is inconsistent with or in conflict with any other provision of the City Code will supersede such other provisions. Subd. 5. Building Bulk and Dimension Standards. A. The following minimum standards apply in the MU district, unless otherwise noted: Standard MU Lot Size 10,000 sq ft Lot Width 80 ft. min. Lot Depth 100 ft. min. Front Yard Setback 25 ft Side Yard Setback 20 ft Rear Yard Setback 10 ft Maximum Building Height 60 ft Street Façade Building Step-back 8 ft min. (above 4 floors) Usable Outdoor Open Space 5% of lot area min. Usable Open Space Park Dedication plus 150 sq ft / residential unit Residential Density 40-75 Units/ acre Maximum Floor Area Ratio 0.5-1 Story 1.0-Multi story 2.0 Multi-story with Residential Maximum Base Area Ratio 0.5 B. The following minimum standards apply for all accessory structures in the MU district. Standard MU Maximum Height 40 feet Min. Distance to Side lot line 20 feet Min. Distance to Rear Lot Line 10 feet Subd. 6. Vehicular and Pedestrian Safety Standards. Development in the MU district will include vehicular and pedestrian transportation systems serving the development. Development or redevelopment proposals in the MU district must include design elements that prioritize safe and efficient vehicular and pedestrian mobility. Development or redevelopment proposals must incorporate site design that will accomplish the following: A. Minimize vehicular interaction with pedestrians and bicycles and where necessary as determined by the City, highlight this interaction through color, materials, and texture. B. Promote pedestrian visibility throughout the site. C. Drive thrus are permitted only in compliance with the following standards: 1. Drive-thru stacking lanes must be screened as required by Section 11.03. 2. The site must accommodate adequate on-site vehicle queuing. Overflow stacking may not occur on public or private roads. Subd. 7. Off-Street Parking Standards. Because the sharing of trips generated within a development is a primary facet of mixed-use development, it is expected that access drives, parking, and internal circulation for sites in the MU district will be shared between uses on site and with adjacent sites. This shared access supports the lowering of parking requirements, reduction of parking lot setbacks, and coordination of site accesses. The following minimum parking standards apply to all properties in the MU district: Use # of spaces (min) Multiple-Family Residential 2 per dwelling unit (d.u.); 1 per studio or efficiency unit Half of all spaces must be enclosed Independent Senior Living 1.5 per d.u. Half of all spaces must be enclosed Nursing Home/Assisted Senior Living 1/4 beds at design capacity, plus 1 space for each employee on largest shift. Half of all spaces must be enclosed Retail Stores & Services 4.5/1,000 sq. ft. of gross leasable area (G.L.A.) Shopping Center 4.25/ 1000 sq ft of G.L.A Restaurant, Type 1 Restaurant, Type 2 Restaurant, Type 3 1 / 2.5 seats based on capacity 1 / 3 seats based on capacity 1 / 2 seats based on capacity Office 3/1,000 sq. ft. G.F.A. Hotel 1/guest room + 1/employee Other Uses Refer to parking requirements in Section 11.03 or as designated by the City Manager. A. Location. Off-street parking facilities must be on the same parcel of land as the structure they are intended to serve, except where a shared parking or cross access easement agreement exists. B. Reduction. The on-site, off-street parking requirements for a project may be reduced up to 20% if the following standards can be met: 1. Parking spaces will be shared between two complimentary uses, subject to the following: a. The applicant must demonstrate that, because of the hours, size, and operation of the respective and future uses, there is no substantial conflict in the peak parking demands of the uses for which shared use of off-street parking facilities is proposed, and there will be an adequate amount of parking available to meet the needs for each use. b. A shared parking plan must be submitted that includes specific analysis on the peaking characteristics of the various and future uses that will share parking. c. Prior to the earlier of the City’s issuance of a building permit for the project or release of a final plat for the project, whichever occurs first, a shared parking, cross access easement, or similar agreement documenting the shared parking arrangement must be approved by the City Planner and filed against both properties with the County Recorder and/or Registrar of Titles’ office, as appropriate. The City shall be party to the agreement and no changes shall be made to the agreement unless all parties agree. C. Surface Parking Lot Setbacks. The following setbacks apply for surface parking lots in the MU district: 1. Front Yard: A surface parking lot may not occupy the required front yard. On a corner lot, a surface parking lot may not occupy more than one-half (½) of the required front yard closest to the street. 2. Side yard: 10 feet. 3. Rear Yard 10 feet. 4. If two adjoining sites share parking, setbacks for common side and rear yards may be reduced to zero. D. Parking Structures. Parking structure façades must architecturally complement the building(s) the parking structure serves through the use of exterior materials, architectural elements, or color. Parking structures must include architectural elements that enhance the structure and break up its mass. Examples of specific architectural elements that assist in meeting this requirement include decorative piers and pilasters, banding, reveals, architectural accents, wall plane articulation, decorative artwork, ornamental grillwork, recessed window openings, façade treatment variations, and locating tenant signs on the side of parking ramps. Parking structures must be appropriately screened as required in Section 11.03. Subd. 8. Pedestrian and Off-Street Bicycle Facility Standards. A. Public sidewalks and/or trails must be constructed in conformance with the Comprehensive Guide Plan or the City Pedestrian and Bicycle Plan. Design must conform to the requirements of the City Engineer and the City Parks and Recreation Director. B. An off-street sidewalk or multi-use trail must be provided that connects the front door of any primary building to adjacent public sidewalks, trails, or other pedestrian areas that are either existing or contemplated in an approved City trail plan or the City’s Capital Improvement Plan. C. Bicycle Parking. A proposal for development or redevelopment in the MU district must incorporate the following Pedestrian and Off-Street Bicycle facilities: 1. Off-street bicycle parking must be provided at the following ratios for each use classification in a project: a. Office - minimum of 5 spaces, plus 1 space per 15,000 square feet of gross floor area. b. Commercial –Commercial spaces with gross floor area less than 100,000 sq ft, 1 space per 10,000 square feet of gross floor area. Commercial spaces greater than 100,001 sq ft in gross floor area, 1 space per 20,000 sq ft. c. Residential - 1 space per 5 dwelling units. 2. Required bicycle parking must be located within 50 feet of the primary building entrance(s) except as approved through a shared bicycle plan. Bicycle parking may not obstruct sidewalks when in use. 3. Bicycle racks must be securely anchored to the ground and on a hard surface. Up to 25 percent of required bicycle parking may be temporary or seasonal, but all temporary or seasonal bicycle parking must be included within the Site Plan. 4. Covered spaces. If twenty (20) or more bicycle spaces are required, then at least fifty (50) percent of the required bicycle spaces must be covered. Coverage may be provided under roof overhangs or awnings, in bicycle lockers, in an indoor room, within adjacent parking structures, or within underground parking structures. 5. Shared Bicycle Parking. Shared off-street bicycle parking facilities may collectively provide bicycle parking for more than one structure or use upon the City’s approval of a shared parking plan and agreement. 6. Proof of Bicycle Parking. If the applicant demonstrates to the City’s satisfaction that the required bicycle parking is in excess of the actual demand, all of the required bicycle parking need not be constructed prior to the issuance of the initial certificate of occupancy for the building being served. Any spaces not constructed, as shown on the site plan, must be constructed when determined necessary by the City Planner. If outdoors, the area of future parking must be landscaped, which landscaping may not be used to satisfy minimum landscaping requirements. The City Planner will notify the property owner in writing of the need to construct the additional proof of bicycle parking spaces. No more than 50 percent of the required bicycle parking stalls may be placed in proof of bicycle parking. D. Exterior pedestrian furniture must be provided in appropriate locations at a minimum rate of one seat for every ten thousand (10,000) square feet of gross floor area. Subd. 9 Signage. A. Signage in the form of free standing and incidental signs, wall lighting, or other features can be a compelling proponent in the development of a cohesive mixed use project. Signage proposed for any development or redevelopment in the MU zoning district must be included in a Sign Master Plan. Signage must comply with standards outlined in Section 11.70. B. The Sign Master Plan must identify location, size, design, lighting, and other pertinent features of the unified signage proposed for the site. The City Planner will determine the level of review required for the Sign Master Plan in accordance with the Site Plan and Architectural Design Review process outlined in Section 11.03. Subd. 10 Supplemental Analyses or Studies. A. Traffic. All proposed development or redevelopment projects, regardless of size, in the MU district require documentation of the expected traffic impacts of the development. The appropriate scope of the traffic analysis will be determined by the City Engineer based on several factors including the size, type, and location of the development. The required analysis may range from a trip generation memo including daily, a.m. peak, and p.m. peak traffic generation estimates to a traffic impact study including but not limited to turning movement counts, roadway capacity analysis, and infrastructure improvement recommendations. B. Transportation Demand Management (TDM) for Office Uses. All development or redevelopment proposals that include office uses will be reviewed by the Engineering Division for applicable TDM requirements, which may include submittal of a TDM Plan or commitment of the property owner or developer to implement chosen TDM strategies from a City-approved checklist. TDM Plan requirements include measures to be implemented, a two-year budget, and an evaluation plan. TDM strategies that must be considered in the TDM plan include, but are not limited to, financial incentives for car poolers, van poolers, and bicyclists, subsidized transit passes, preferential location of carpool/vanpool parking, bicycle racks and storage, access to shower and lockers, and promotion of commuter programs. As a condition of approval of a TDM Plan, a TDM cash escrow, letter of credit with a corporation approved by the City Manager, or other guarantee acceptable to the City Manager equal to one hundred percent (100%) of the cost of implementing the first two (2) years of the TDM Plan will be required. All new residential development or redevelopment are encouraged to consider TDM strategies such as bikeshare and carshare memberships, subsidized transit passes, and an information kiosk onsite. C. Major Center Area. All applications for rezoning or development or redevelopment for property located in the Major Center Area are subject to the standards and findings of the City’s Major Center Area Plan. D. Staff exemption. The City Engineer or City Planner are authorized to exempt or otherwise reduce the requirement for supplemental analyses outlined in Items A-C above if they determine that the scope of the proposed project will not increase traffic, trips, or parking demand in a demonstrable way. Section 2. City Code Chapter 11, Section 11.02, Subd. 2. is amended by inserting alphabetically the following new definitions Shopping Center means a group of two or more retail, service, or other commercial establishments that is planned, developed, owned, or managed as a single entity having a gross floor area exceeding 200,000 square feet. Gross Leasable Area means the total floor area within a building that may be rented to tenants excluding common areas and space devoted to the heating and cooling of the building and other utility areas. Use Classification means a group of similar uses that are associated with each other to such an extent that they perform a specific land use function. Section 3. City Code Chapter 11, Section 11.03, Subd. 1.A (Table) is amended by inserting the following new row after the “Transit Oriented Development District” row: Mixed Use District MU Section 4. City Code Chapter 11, Section 11.03, Subd. 2.A.14 is amended in the first line by adding the words “and MU” after the word “C-HWY”. Section 5. City Code Chapter 11, Section 11.03, Subd. 3.H.4 is amended by adding the following sentence after the last sentence of item 4: “Specific parking requirements for the Mixed Use Zoning District can be found in Section 11.24 of Chapter 11.” Section 6. City Code Chapter 11, Section 11.03, Subd. 3.I.2(c) is amended by adding “MU,” before the words “TOD-MU”. Section 7. City Code Chapter 11, Section 11.03, Subd. 3.K.3(a) is amended by adding “MU,” after the words “TC-MU”. Section 8. City Code Chapter 11, Section 11.03, Subd. 3.M is amended by adding the word “MU,” after the word “GC”. Section 9. City Code Chapter 11, Section 11.70, Subd. 5.B is amended in the first line by adding “, and MU” after the word “C-Reg”. Section 10. City Code Chapter 9, Section 9.01, Subd. 5 is amended by adding the phrase “TOD, and MU” after every instance of “TC” in the subdivision. Section 11. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Sections 9.99 and 11.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 12. 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 4th day of April, 2023, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 2nd day of May, 2023. _________________________________ _________________________________ Nicole Tingley, City Clerk Ronald A. Case, Mayor Published in the Sun Current on the ____ day of ______________, 2023. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2023- A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. __-2023 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. __-2023 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 2nd day of May, 2023. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS: A. Ordinance No. __-2023 is lengthy and contains tables. B. The text of summary of Ordinance No. __-2023, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. C. The title and summary shall be published once in the Sun Sailor in a body type no smaller than brevier or eight-point type. D. A printed copy of the Ordinance shall be made available for inspection by any person, during regular office hours, at the office of the City Clerk, and a copy of the entire text of the Ordinance shall be posted in the City offices. E. Ordinance __-2023 shall be recorded in the Ordinance Book, along with proof of publication, within twenty (20) days after said publication. ADOPTED by the City Council on May 2, 2023. ___________________________ Ronald A. Case, Mayor ATTEST: ________________________ Nicole Tingley, City Clerk EXHIBIT A CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE __-2023 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 11 BY ADDING A NEW SECTION 11.24 ENTITLED MIXED USE ZONING DISTRICT AND MAKING RELATED AMENDMENTS TO SECTIONS 11.02, 11.03, AND 11.70; AMENDING CITY CODE CHAPTER 9, SECTION 9.01 TO ADD REFERENCES TO NEW ZONING DISTRICTS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTIONS 9.99 AND 11.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This Ordinance amends Chapter 11, by adding Section 11.24 Mixed Use District and associated regulations. There are a number of minor amendments to other sections of Chapter 11 to provide reference and consistency between the Mixed Use Zoning District language and other parts of the Chapter 11. The amendments include the following: • Architectural Standards • Permitted Uses • Building Bulk and Dimension Standards • Required Conditions • Vehicular and Pedestrian Safety standards • Parking Standards • Pedestrian and Off-street Bicycle Facility requirements • Signage requirements Effective Date: This Ordinance shall take effect upon publication. ATTEST: ____________________________ ______________________________ Nicole Tingley, City Clerk Ronald A. Case, Mayor PUBLISHED in the Sun Sailor on ____________, 2023. (A full copy of the text of this Ordinance is available from City Clerk.) CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: May 2, 2023 DEPARTMENT/DIVISION: Ashton Kogel Public Works / Engineering ITEM DESCRIPTION: I.C. 23802 Award Contract to Corrective Asphalt Materials, LLC for the 2023 Surface Seal Project ITEM NO.: VIII.E. Requested Action Move to: Award the Contract for 2023 Surface Seal Project to Corrective Asphalt Materials, LLC in the amount of $265,021.00. Synopsis Bids were received on Thursday, March 30, 2023 for the 2023 Surface Seal Project. One bid was received as tabulated below: Corrective Asphalt Materials, LLC $265,021.00 Background Information Street sealcoating is an annual street maintenance project. The surface seal project this year will consist of applying a maltene based rejuvenating agent to the street. Placing the rejuvenating agent on newer pavement surfaces replenishes the maltenes in the asphalt street that are lost over time. This should lead to the reduction of raveling, pitting, cracks, potholes and other signs of aging and delay the need for overlays and ultimately extend the life of the pavement. The 2023 Operating and Maintenance budget for sealcoating is $215,000. The balance between the actual project costs and the budgeted amount will be taken from the CIP pavement management fund. Attachment • Contract 1/2022 CONSTRUCTION CONTRACT AGREEMENT THIS AGREEMENT, made and executed this day of 2023, by and between City of Eden Prairie, a Minnesota municipal corporation, hereinafter referred to as the "CITY", and Corrective Asphalt Materials, LLC, a limited liability company, hereinafter referred to as the "CONTRACTOR", WITNESSETH: CITY AND CONTRACTOR, for the consideration hereinafter stated, agree as follows: I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of the Plans and Specifications prepared by the Public Works Department referred to in Paragraph IV, as provided by the CITY for: I.C. 23802- 2023 Surface Seal Project CONTRACTOR further agrees to do everything required by this Agreement and the Contract Document. II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto which prices conform to those in the accepted CONTRACTOR'S proposal on file in the office of the City Engineer. The aggregate sum of such prices, based on estimated required quantities is estimated to be $265,021.00. III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents. IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents a. Advertisement for Bids b. Instruction to Bidders c. Accepted Proposal Form d. Construction Contract Agreement e. Contractor's Performance Bond f. Contractor's Payment Bond g. Responsible Contractor Verification Form (2) Special Conditions (3) Detail Specifications (4) General Conditions C-2 (5) Plans (6) Addenda, Supplemental Agreements and Change Orders The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the schedule provided in the Contract Documents. VI. This Agreement shall be executed in one (1) copy. (signature pages follow) C-3 IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the date first above written. CITY OF EDEN PRAIRIE By: _______________________________ Its: Mayor By: _______________________________ Its: City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ______ day of _______________, 20___, by _________________________and _____________________, respectively the Mayor and City Manager of the City of Eden Prairie, a Minnesota municipal corporation. _____________________________ Notary Public CONTRACTOR ______________________________ By: __________________________________ Printed Name: _________________________ Its: _______________________________ Title CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: May 2, 2023 DEPARTMENT/DIVISION: Carter Schulze Public Works / Engineering ITEM DESCRIPTION: I.C. 22825 Approve Professional Services Agreement with SRF Consulting Group, Inc. for Construction Administration for the Prairie Center Dr and Singletree Ln Intersection Improvements Project ITEM NO.: VIII.F. Requested Action Move to: Approve Professional Services Agreement with SRF Consulting Group, Inc. for Construction Administration for the Prairie Center Dr and Singletree Ln Intersection Improvements Project in the amount of $71,704.00. Synopsis This Professional Services Agreement includes construction administration, observation, staking, traffic signal timing and record drawings for the intersection improvement project. Background Information The City of Eden Prairie engaged with SRF to conduct a study of this intersection focusing on roadway characteristics, safety (both vehicular and pedestrian), and capacity (level of service). Following the recommendations of the study, this improvement project aims to improve operations and safety using flashing yellow arrow signal timing benefits and improved roadway geometrics. Other goals of the project include upgrades to ADA features and accessibility. Project Cost Summary The sources of funding include the City’s municipal state aid account, the transportation fund and the storm water utility fund. Attachment Professional Services Agreement 2021 04 22 Version 2021 04 22 Agreement for Professional Services This Agreement (“Agreement”) is made on the 2nd day of May, 2023, between the City of Eden Prairie, Minnesota (hereinafter “City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and SRF Consulting Group, Inc. (“Consultant”), a Minnesota corporation (hereinafter “Consultant”) whose business address is 3701 West Wayzata Boulevard, Suite 100, Minneapolis, MN 55416. Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for the In Construction Services for Prairie Center Drive and Singletree Lane Intersection Improvements project hereinafter referred to as the “Work”. The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit A (SRF Proposal Letter dated March 8, 2023) in connection with the Work. Exhibit A is intended to be the scope of service for the work of the Consultant. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Term. The term of this Agreement shall be from May 2, 2023 through October 27, 2023 the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $71,704.00 for the services as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. c. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental PCD and Singletree In-Construction Page 2 of 10 2021 04 22 actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: a. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. b. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. c. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. d. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: a. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City’s project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. b. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on PCD and Singletree In-Construction Page 3 of 10 2021 04 22 Exhibit A performed prior to receipt of written notice from the City of such suspension. c. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City. d. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: “I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid.” 6. Project Manager and Staffing. The Consultant shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the Project Manager without the approval of the City. 7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein. 9. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The PCD and Singletree In-Construction Page 4 of 10 2021 04 22 minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 10. Independent Consultant. Consultant is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Consultant and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Consultant an employee of the City. 11. Insurance. a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. If Consultant’s insurance does not afford coverage on behalf of subcontractors, Consultant must require and verify that all subcontractors maintain insurance meeting all the requirements of this paragraph 11, and Consultant must include in its contract with subcontractors the requirement that the City be listed as an additional insured on insurance required from subcontractors. In such case, prior to a subcontractor performing any Work covered by this Agreement, Consultant must: (i) provide the City with a certificate of insurance issued by the subcontractor’s insurance agent indicating that the City is an additional insured on the subcontractor’s insurance policy; and (ii) submit to the City a copy of Consultant’s agreement with the subcontractor for purposes of the City’s review of compliance with the requirements of this paragraph 11. c. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations PCD and Singletree In-Construction Page 5 of 10 2021 04 22 Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 d. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products- completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. e. Professional Liability Insurance. In addition to the coverages listed above, Consultant shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. It shall be Consultant’s responsibility to pay any retention or deductible for the professional liability insurance. Consultant agrees to maintain the professional liability insurance for a minimum of two (2) years following termination of this Agreement. f. Consultant shall maintain “stop gap” coverage if Consultant obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. g. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations. h. All policies, except the Professional Liability Policy, shall apply on a “per project” basis. i. All General Liability policies, Automobile Liability policies and Umbrella policies shall contain a waiver of subrogation in favor of the City. j. All policies, except for the Worker’s Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. k. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. The Professional PCD and Singletree In-Construction Page 6 of 10 2021 04 22 Liability policy shall insure the defense and indemnity obligations assumed by Consultant under this Agreement except with respect to the liability for loss or damage resulting from the negligence or fault of anyone other than the Consultant or others for whom the Consultant is legally liable. l. Consultant agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. m. It shall be Consultant’s responsibility to pay any retention or deductible for the coverages required herein. n. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non- renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City. o. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. p. A copy of the Consultant’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant’s Work. Upon request a copy of the Consultant’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City’s right to enforce the terms of Consultant’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. q. Effect of Consultant’s Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the PCD and Singletree In-Construction Page 7 of 10 2021 04 22 negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 12. Indemnification. Consultant will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Consultant, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Consultant, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Consultant harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 13. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement (“Information”) shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement (“Project”) does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for PCD and Singletree In-Construction Page 8 of 10 2021 04 22 mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this PCD and Singletree In-Construction Page 9 of 10 2021 04 22 Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to PCD and Singletree In-Construction Page 10 of 10 2021 04 22 examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar Data Practices Act compliance language. 30.Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE __________________________ ___ _____ Mayor ______________________________ _____ City Manager CONSULTANT _______________________________________ By: Its: Paul Martens CFO April 11, 2023 www.srfconsulting.com 3701 Wayzata Boulevard, Suite 100 | Minneapolis, MN 55416-3791 | 763.475.0010 Equal Employment Opportunity/Affirmative Action Employer SRF 16325.PP March 8, 2023 Mr. Carter Schulze, PE Assistant City Engineer City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Subject: Proposal for Professional In-Construction Services for Prairie Center Drive and Singletree Lane, CP 22825, SAP 181-111-007 Dear Mr. Schulze: SRF Consulting Group, Inc. (SRF) has been assisting the city by preparing the final design of the Prairie Center Drive and Singletree Lane intersection reconstruction project. The project is nearing the bidding phase, and we are prepared to support the city with professional services during the construction of this project. Scope of Services Our scope of work will include construction contract administration, construction observation, construction staking, materials compliance, signal timing plan, as-built plans, and design support necessary for shop drawing review and plan clarifications. Field sampling and testing will be coordinated by SRF but will be performed by others. Assumptions We have developed our scope of services based on the following assumed project schedule: The project is anticipated to be awarded on April 4, 2023. Anticipate a construction start date of May 15, 2023, with primary construction completed by June 16, 2023 (5 weeks). Assumes landscaping plantings are completed within the spring planting dates of June 1 for deciduous plants and June 15 for perennial plants. No warranty inspection will be completed after the primary construction date. June 17, 2023, to July 31, 2023 – Punch list and minor work (1 week). Note: construction contractor's completion date is July 31, 2023. Keeping the project on schedule may be the most significant factor that will impact our proposed construction services budget. However, as with any construction project, other factors beyond our control (such as weather or contractor efficiency and progress) can influence the time required to be Mr. Carter Schulze, PE March 8, 2023 City of Eden Prairie Page 2 spent on construction services. Basis of Payment/Budget We propose to be reimbursed for our services on an hourly basis for the actual time expended. Other direct project expenses such as printing, supplies, reproduction, etc., will be billed at cost and mileage will be billed at the current allowable IRS rate for business miles. Invoices are submitted on a monthly basis for work performed during the previous month. Payment is due within 35 days. Business miles include only miles traveled in excess of an employee’s normal commute to and from the office and actual mileage on a construction site, including visits to off-site facilities, such as material suppliers. We have estimated the cost of providing professional in-construction services for this project. Each major task is subtotaled below. We have made every attempt to include a sufficient estimate of hours based on our experience with similar projects while providing the City of Eden Prairie with a reasonable value. The fee shown below has been estimated based on our proposed work plan, our project experience to date, and our current understanding of the project schedule. The fee has been computed using our established rates for the City of Eden Prairie. Changes in the Scope of Services It is understood that if the scope or extent of work changes, the cost will be adjusted accordingly. Before any out-of-scope work is initiated, however, we will submit a budget request for the new work and will not begin work until we receive authorization from you. Acceptance/Notice to Proceed A signed Professional Services Agreement with a copy of this proposal, mailed or emailed to our office, will serve as our notice to proceed. The email address is bkrugerud@srfconsulting.com. TASK FEE 1.Contract Administration $13,416.00 2.Construction Observation $28,125.00 3.Material Sampling and Testing Coordination (included with Task 2) $0 4.Construction Surveying $17,794.00 5.Traffic Signal Timing $5,796.00 6.As-builts $5,144.00 7.Expenses $1,429.00 TOTAL $71,704.00 Mr. Carter Schulze, PE March 8, 2023 City of Eden Prairie Page 3 We appreciate your consideration of this proposal and look forward to working with you on this important project. Please feel free to contact us if you have any questions or need additional information. Sincerely, SRF CONSULTING GROUP, INC. Rebecca Krugerud, PE Director RK/aj This cost proposal is valid for a period of 90 days. SRF reserves the right to adjust its cost estimate after 90 days from the date of this proposal. S:\Marketing\Proposals\2023 Letter Proposals\16325.PP_EP_PCD-SingletreeCA_\20230222_16325.docx CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: May 2, 2023 DEPARTMENT/DIVISION: Carter Schulze Public Works / Engineering ITEM DESCRIPTION: I.C. 23819 Approve Professional Services Agreement with SRF Consulting Group, Inc. for Preliminary and Final Design for the Prairie Center Dr and Franlo Rd Intersection Improvements Project ITEM NO.: VIII.G. Requested Action Move to: Approve Professional Services Agreement with SRF Consulting Group, Inc. for Preliminary and Final Design for the Prairie Center Dr and Franlo Rd Intersection Improvements Project in the amount of $181,115.00. Synopsis This Professional Services Agreement includes project management, traffic analysis and signal justification, topographic survey, roadway improvement design and plans and specifications meeting City and State Aid standards for the intersection improvement project. Background Information The intersection of Prairie Center Drive and Franlo Road has been recommended for improvements since the Major Center Area study in 2012, which predicted that surrounding development would justify the need. Since that study, development and redevelopment has occurred in this area and this project will pursue the analysis of a possible traffic signal to improve operations as the current situation includes a side street stop-controlled intersection with reports of extended side street delay. In addition, a signalized intersection would improve pedestrian accessibility. Project Cost Summary The sources of funding include the City’s municipal state aid account, the transportation fund and the storm water utility fund. Attachment Professional Services Agreement 2021 04 22 Version 2021 04 22 Agreement for Professional Services This Agreement (“Agreement”) is made on the 2nd day of May, 2023, between the City of Eden Prairie, Minnesota (hereinafter “City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and SRF Consulting Group, Inc. (“Consultant”), a Minnesota corporation (hereinafter “Consultant”) whose business address is 3701 West Wayzata Boulevard, Suite 100, Minneapolis, MN 55416. Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for the Prairie Center Drive and Franlo Road Intersection Improvements project hereinafter referred to as the “Work”. The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit A (SRF Proposal Letter dated April 10, 2023 in connection with the Work. Exhibit A is intended to be the scope of service for the work of the Consultant. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Term. The term of this Agreement shall be from May 2, 2023 through May 2, 2024 the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $181,115.00 for the services as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. c. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental PCD and Franlo Rd Intersection Page 2 of 10 2021 04 22 actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: a. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. b. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. c. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. d. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: a. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City’s project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. b. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on PCD and Franlo Rd Intersection Page 3 of 10 2021 04 22 Exhibit A performed prior to receipt of written notice from the City of such suspension. c. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City. d. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: “I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid.” 6. Project Manager and Staffing. The Consultant shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the Project Manager without the approval of the City. 7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein. 9. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The PCD and Franlo Rd Intersection Page 4 of 10 2021 04 22 minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 10. Independent Consultant. Consultant is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Consultant and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Consultant an employee of the City. 11. Insurance. a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. If Consultant’s insurance does not afford coverage on behalf of subcontractors, Consultant must require and verify that all subcontractors maintain insurance meeting all the requirements of this paragraph 11, and Consultant must include in its contract with subcontractors the requirement that the City be listed as an additional insured on insurance required from subcontractors. In such case, prior to a subcontractor performing any Work covered by this Agreement, Consultant must: (i) provide the City with a certificate of insurance issued by the subcontractor’s insurance agent indicating that the City is an additional insured on the subcontractor’s insurance policy; and (ii) submit to the City a copy of Consultant’s agreement with the subcontractor for purposes of the City’s review of compliance with the requirements of this paragraph 11. c. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations PCD and Franlo Rd Intersection Page 5 of 10 2021 04 22 Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 d. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products- completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. e. Professional Liability Insurance. In addition to the coverages listed above, Consultant shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. It shall be Consultant’s responsibility to pay any retention or deductible for the professional liability insurance. Consultant agrees to maintain the professional liability insurance for a minimum of two (2) years following termination of this Agreement. f. Consultant shall maintain “stop gap” coverage if Consultant obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. g. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations. h. All policies, except the Professional Liability Policy, shall apply on a “per project” basis. i. All General Liability policies, Automobile Liability policies and Umbrella policies shall contain a waiver of subrogation in favor of the City. j. All policies, except for the Worker’s Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. k. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. The Professional PCD and Franlo Rd Intersection Page 6 of 10 2021 04 22 Liability policy shall insure the defense and indemnity obligations assumed by Consultant under this Agreement except with respect to the liability for loss or damage resulting from the negligence or fault of anyone other than the Consultant or others for whom the Consultant is legally liable. l. Consultant agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. m. It shall be Consultant’s responsibility to pay any retention or deductible for the coverages required herein. n. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non- renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City. o. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. p. A copy of the Consultant’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant’s Work. Upon request a copy of the Consultant’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City’s right to enforce the terms of Consultant’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. q. Effect of Consultant’s Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the PCD and Franlo Rd Intersection Page 7 of 10 2021 04 22 negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 12. Indemnification. Consultant will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Consultant, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Consultant, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Consultant harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 13. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement (“Information”) shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement (“Project”) does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for PCD and Franlo Rd Intersection Page 8 of 10 2021 04 22 mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this PCD and Franlo Rd Intersection Page 9 of 10 2021 04 22 Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to PCD and Franlo Rd Intersection Page 10 of 10 2021 04 22 examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar Data Practices Act compliance language. 30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE __________________________ ___ _____ Mayor __________________________ ___ _____ City Manager CONSULTANT _______________________________________ By: Its: SRF No. SRF No. 16616.PP April 10, 2023 Carter Schulze, PE Assistant City Engineer City of Eden Prairie 8080 Mitchell Road Eden Prairie, Minnesota 55344 Subject: Proposal for Professional Services for Preliminary and Final Design for Prairie Center Drive and Franlo Road Intersection Improvements, Eden Prairie, Minnesota Dear Carter Schulze: Based on your request, SRF Consulting Group, Inc. (SRF) is pleased to submit this proposal to provide professional services for SRF’s traffic engineers to study operations, signal justification and investigate safety concerns at the intersection, as well as the preliminary and final design of improvements to the above referenced intersection. The results and recommendations from the study will provide a basis for proposed intersection improvements to the roadway including, but not limited to, modifications to roadway geometrics, pedestrian accommodations, and a new traffic signal. We have made some initial assumptions regarding the proposed modification to develop our scope of services. Scope of Services We propose to carry out the work described as follows: 1. Project Management – This task will include coordination and communication with City staff, including bi-weekly check-in meetings (virtual) to provide project updates. 2. Traffic Analysis, Signal Justification and Signal Design – This task includes collecting of traffic data and analyzing the operations, safety and warrants at the intersection, including the option of a roundabout, the preparation of a ICE Report and the design of a new traffic signal system, if warranted, that incorporates Flashing Yellow Arrow (FYA) left-turn indications (if appropriate) and Accessible Pedestrian System (APS) equipment. The signal would utilize the City’s fiber network via the existing fiber running along Prairie Center Drive. Signal timing work is not included in this proposal. 3. Roadway Design – Our work will include: a. Topographic field survey. b. Gathering available record drawings. c. Utility coordination and GSOC, collecting existing utility data, and two utility coordination meetings. d. Preparation of a 30% geometric layout and cost estimate based on recommendations from the traffic study, including ADA pedestrian accommodations. e. Preparation of 60% plans, including ADA compliant ped ramps, modified curb and gutter, modification to sidewalk/streetscape design, profile or cross-sectional adjustments, signal system, and estimated construction cost. Carter Schulze, PE April 10, 2023 City of Eden Prairie Page 2 www.srfconsulting.com 3701 Wayzata Boulevard, Suite 100 | Minneapolis, MN 55416-3791 | 763.475.0010 Equal Employment Opportunity/Affirmative Action Employer f. Preparation of draft 100% plans and specifications for City and State Aid review and updated estimated construction cost. g. Final approved plans, specifications, and cost estimate. 4. Water Resources – Our work includes miscellaneous storm sewer modifications at the intersection, coordination with Riley Purgatory Bluff Creek Watershed District, and an erosion control permit application. 5. Right of Way Acquisition Assistance – This task includes parcel staking, parcel exhibits, legal descriptions and negotiation activities for three parcels. 6. Bidding Assistance – This task includes preparing ad for bids, answering contractors’ questions, and preparing bid tabulation and award recommendation letter. Assumptions We have made the following assumptions in preparing our scope of services: 1. Design will meet ADA and State Aid design standards. Project will be funded with local and State Aid funds. 2. Final design will be complete in the fall of 2023 to accommodate a spring 2024 construction start. 3. The City will provide title reports and appraisals. 4. Permitting is limited to coordination with Purgatory Bluff Creek watershed district for erosion control permit. No other agency coordination is anticipated. Schedule We plan to begin the design work upon authorization to proceed and will complete this work within a mutually agreed-upon schedule in time for 2024 construction. Basis of Payment/Budget We propose to be reimbursed for our services on an hourly basis for the actual time expended. Other direct project expenses such as printing, supplies, reproduction, etc., will be billed at cost and mileage will be billed at the current allowable IRS rate for business miles. Invoices are submitted on a monthly basis for work performed during the previous month. Payment is due within 35 days. Based on our understanding of the project and our scope of services, we estimate the cost of our services to be $181,115 which includes both time and expenses. Changes in Scope of Services It is understood that if the scope or extent of work changes, the cost will be adjusted accordingly. Before any out-of-scope work is initiated, however, we will submit a budget request for the new work and will not begin work until we receive authorization from you. Carter Schulze, PE April 10, 2023 City of Eden Prairie Page 3 www.srfconsulting.com 3701 Wayzata Boulevard, Suite 100 | Minneapolis, MN 55416-3791 | 763.475.0010 Equal Employment Opportunity/Affirmative Action Employer Terms and Condition We anticipate that Eden Prairie will prepare a Standard Services Agreement for this work. We appreciate your consideration of this proposal. Please feel free to contact us if you have any questions or need additional information. Sincerely, SRF CONSULTING GROUP, INC. Rebecca Krugerud, PE (MN) Project Director – Civil Design RRK/aj This cost proposal is valid for a period of 90 days. SRF reserves the right to adjust its cost estimate after 90 days from the date of this proposal. S:\Marketing\Proposals\2023 Letter Proposals\16616.PP Eden Prairie Franlo\2023-03-22_Letter_CarterSchulze.docx CITY COUNCIL AGENDA SECTION: Consent Agenda DATE: May 2, 2023 DEPARTMENT/DIVISION: Joe Dusek Public Works/Utilities ITEM DESCRIPTION: Approve Agreement for Professional Services with Sambatek, LLC for Design and Construction Management for the Well House # 5 Reconstruction Project. ITEM NO.: VIII.H. Requested Action Move to: Approve Professional Engineering Services Agreement for Well House No. 5 Design and Construction Management in the amount of $42,035.00. Synopsis The purpose of the professional services agreement with Sambatek, LLC is to provide design, construction management, and bidding for the Well 5 reconstruction project. Background Information Wellhouse 5 is located at 7569 Corporate Way and was constructed in 1981. Presently, the floor has buckled with severe cracks and the discharge pipe has separated, making the well inoperable. This project will include demolition and removal of existing wellhouse, electrical components, and associated piping. Due to the location and footprint of the location, we will be replacing the current wellhouse structure with a submersible well pump and motor and add control panels on a concrete pedestal above ground. The new well 5 structure will be very similar to our other submersible well, well 16, which is located at 8420 Mitchell Road. Attachment • Standard Agreement for Professional Services from Sambatek, LLC Jeff Ostrom Director of Public Services CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: May 2, 2023 DEPARTMENT/DIVISION: Carter Schulze Public Works / Engineering ITEM DESCRIPTION: I.C. 21811 Approve Professional Services Agreement with Bolton & Menk for Construction Administration for the Willow Creek Culvert Replacement Project ITEM NO.: VIII.I. Requested Action Move to: Approve Professional Services Agreement with Bolton & Menk for Construction Administration for the Willow Creek Culvert Replacement Project in the amount of $113,348.00. Synopsis This Professional Services Agreement includes construction administration, observation, staking, and record drawings for the improvement project. Background Information The existing Willow Creek Road bridge has reached the end of its useful life and requires replacement. The bridge consists of a concrete slab and two corrugated metal culverts carrying Nine Mile Creek and serving as the outlet to Bryant Lake. Design alternatives were evaluated and replacement of the bridge with new twin culverts and headwalls was moved forward to final design including preparation of bidding documents. The project is anticipated to take 2 months and includes a bypass roadway to carry the traffic to and from the dead end of Willow Creek Road. Project Cost Summary The sources of funding include the City’s Capital and Maintenance and Reinvestment fund as well as utility funds. The overall cost of the project is reduced from the initial CIP estimate which involved a bridge. Attachment Professional Services Agreement 2021 04 22 Version 2021 04 22 Agreement for Professional Services This Agreement (“Agreement”) is made on the 2nd day of May, 2023, between the City of Eden Prairie, Minnesota (hereinafter “City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Bolton & Menk (“Consultant”), a Minnesota corporation (hereinafter “Consultant”) whose business address is 12224 Nicollet Avenue, Burnsville, MN 55337. Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for Construction Administration Services for the Willow Creek Culvert Replacement project hereinafter referred to as the “Work”. The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit A (Bolton & Menk Letter dated April 7, 2023) in connection with the Work. Exhibit A is intended to be the scope of service for the work of the Consultant. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Term. The term of this Agreement shall be from May 2, 2023 through June 30, 2024 the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $ 113,348.00 for the services as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. c. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for Bolton & Menk Willow Creek Culvert Replacement-Construction Services Page 2 of 10 2021 04 22 performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: a. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. b. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. c. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. d. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: a. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City’s project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. b. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on Bolton & Menk Willow Creek Culvert Replacement-Construction Services Page 3 of 10 2021 04 22 Exhibit A performed prior to receipt of written notice from the City of such suspension. c. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City. d. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: “I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid.” 6. Project Manager and Staffing. The Consultant shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the Project Manager without the approval of the City. 7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein. 9. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The Bolton & Menk Willow Creek Culvert Replacement-Construction Services Page 4 of 10 2021 04 22 minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 10. Independent Consultant. Consultant is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Consultant and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Consultant an employee of the City. 11. Insurance. a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. If Consultant’s insurance does not afford coverage on behalf of subcontractors, Consultant must require and verify that all subcontractors maintain insurance meeting all the requirements of this paragraph 11, and Consultant must include in its contract with subcontractors the requirement that the City be listed as an additional insured on insurance required from subcontractors. In such case, prior to a subcontractor performing any Work covered by this Agreement, Consultant must: (i) provide the City with a certificate of insurance issued by the subcontractor’s insurance agent indicating that the City is an additional insured on the subcontractor’s insurance policy; and (ii) submit to the City a copy of Consultant’s agreement with the subcontractor for purposes of the City’s review of compliance with the requirements of this paragraph 11. c. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations Bolton & Menk Willow Creek Culvert Replacement-Construction Services Page 5 of 10 2021 04 22 Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 d. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products- completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. e. Professional Liability Insurance. In addition to the coverages listed above, Consultant shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. It shall be Consultant’s responsibility to pay any retention or deductible for the professional liability insurance. Consultant agrees to maintain the professional liability insurance for a minimum of two (2) years following termination of this Agreement. f. Consultant shall maintain “stop gap” coverage if Consultant obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. g. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations. h. All policies, except the Professional Liability Policy, shall apply on a “per project” basis. i. All General Liability policies, Automobile Liability policies and Umbrella policies shall contain a waiver of subrogation in favor of the City. j. All policies, except for the Worker’s Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. k. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. The Professional Bolton & Menk Willow Creek Culvert Replacement-Construction Services Page 6 of 10 2021 04 22 Liability policy shall insure the defense and indemnity obligations assumed by Consultant under this Agreement except with respect to the liability for loss or damage resulting from the negligence or fault of anyone other than the Consultant or others for whom the Consultant is legally liable. l. Consultant agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. m. It shall be Consultant’s responsibility to pay any retention or deductible for the coverages required herein. n. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non- renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City. o. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. p. A copy of the Consultant’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant’s Work. Upon request a copy of the Consultant’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City’s right to enforce the terms of Consultant’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. q. Effect of Consultant’s Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the Bolton & Menk Willow Creek Culvert Replacement-Construction Services Page 7 of 10 2021 04 22 negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 12. Indemnification. Consultant will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Consultant, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Consultant, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Consultant harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 13. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement (“Information”) shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement (“Project”) does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for Bolton & Menk Willow Creek Culvert Replacement-Construction Services Page 8 of 10 2021 04 22 mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Bolton & Menk Willow Creek Culvert Replacement-Construction Services Page 9 of 10 2021 04 22 Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to Bolton & Menk Willow Creek Culvert Replacement-Construction Services Page 10 of 10 2021 04 22 examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar Data Practices Act compliance language. 30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE __________________________ ___ _____ Mayor ______________________________ _____ City Manager CONSULTANT _______________________________________ By: Its: Marcus Thomas, P.E. Senior Principal Engineer N:\Proposals\Eden Prairie\Willow Creek Road Bridge Replacement\Willow Creek Rd Bridge Replacement_Construction Services.docx April 7, 2023 Mr. Carter Schulze Assistant City Engineer City of Eden Prairie RE: Proposal for Construction Services Willow Creek Culvert Replacement Dear Mr. Schulze: Bolton & Menk is pleased to provide you with this proposal for Construction Services in continued support of the City’s Willow Creek Culvert Replacement project, City Project 21811. This proposal is based off the final plans and specifications completed in February, 2023. SCOPE OF WORK The City of Eden Prairie is requesting construction services in support of the City’s Willow Creek Culvert Replacement project that is scheduled to be completed this summer. The project is expected to take 2- months to complete. With start-up and close-out/punch-list we have estimated 12-weeks of construction services: 8-weeks full-time and 4-weeks part-time. Willow Creek Road is the only access point for the residents within this neighborhood. The City of Eden Prairie is requesting construction services support including: construction administration, construction observation, construction staking, construction communication and preparation of record drawings. The improvements will be completed in accordance with the plans and specifications finalized in February 2023. Task 1: Construction Administration I will continue to serve as your project manager through the construction phase, I will be supported by our Structural and Water Resources team as needed to effectively manage Construction Administration activities. Responsibilities of this Task include: coordinating and facilitating the preconstruction meeting and weekly construction meetings, stakeholder and resident coordination, shop drawing review, preparing pay applications, tracking and negotiating contract changes, oversight of the construction observer, project updates for the city to upload on the project page on the City’s website, and overall team management and coordination. We have estimated 8 hours/week for Project Management. Task 2: Construction Observation Duties of the Resident Project Representative (RPR) will include attendance at the pre-construction meeting and all construction-related meetings; review shop drawings; service as a liaison between the City and the contractor; review of the ongoing and completed work to monitor and document if the project is in general conformance with the plans and specifications; review and scheduling of all materials testing (under separate contract); maintenance of construction documentation, including entering quantities and daily logs; and communication with affected property owners, as necessary, to address their construction-related concerns and issues. EXHIBIT A Name: Willow Creek Culvert Replacement Date: April 7, 2023 N:\Proposals\Eden Prairie\Willow Creek Road Bridge Replacement\Willow Creek Rd Bridge Replacement_Construction Services.docx Brandon Mensing will serve as our lead RPR for this project. Depending on contractor’s schedule, Brandon may be assisted by another RPR that will be onsite full-time to which Brandon will provide RPR oversight. Full-time construction observation is proposed for the 8-week construction window of this project. We have estimated 55 hours/week for full time construction observation. Four (4) weeks of part-time construction observation, at 24 hours/week, is also included for project start-up and close-out/punchlist work. Task 3: Construction Staking Bolton & Menk will provide construction staking including staking for the project including: • Storm sewer utilities typically at 50’ increments and at structure locations • Sanitary sewer utilities typically at 50' increments and at structure locations • Construction limits & temporary easement • Temporary road • Wingwalls • Curb typically at 25’ increments, high points, low points, and points of horizontal and vertical curvature. Task 4: Record Drawings Record drawings detailing the completed improvements as recorded by the construction observer will be completed and furnished to the City in hard copy and electronic format. Bolton & Menk will prepare as-built record drawings for the City following construction. We anticipate this work to take approximately 20 hours. PROJECT FEES Because the engineer has no direct control over the scheduling or operations of the project contractor, construction phase services described in this proposal are proposed to be provided on an hourly basis. The estimated total fee for construction services described in this proposal is $113,348. Estimates for the work described above are as follows: Construction Administration $ 18,612 Construction Observation $ 83,616 Construction Staking $ 8,000 Record Drawings $ 3,120 Estimated Construction Services $ 113,348 Thank you for the opportunity to assist the City with this project, we are excited to see this project move into the construction phase! We look forward to providing these professional services to the City of Eden Prairie and continuing to support the City on this project. Please contact us if you have any questions, need additional information. Respectfully submitted, Bolton & Menk, Inc. Sarah E. Lloyd, P.E. Principal Engineer CITY COUNCIL AGENDA SECTION: Consent Calendar DATE May 2, 2023 DEPARTMENT / DIVISION Jen Fierce Public Works/Engineering ITEM DESCRIPTION Approve Third Amendment to Lease and Solar Easement; Memorandum of Lease and Solar Easement for Community Center Solar Garden Project ITEM NO. VIII.J. Requested Action Move to: Approve Third Amendment to Lease and Solar Easement; Memorandum of Lease and Solar Easement for a Community Solar Garden and authorize execution by the Mayor and City Manager. Synopsis CEF Eden Prairie Community Solar, LLC (CEF) intends to develop and build a Community Solar Garden on the roof of the Community Center. The project has been delayed beyond the lease date in both the original document, First Amendment, and Second Amendment and needs to be extended. The Memorandum of Lease and Solar Easement is needed by CEF to provide notice to third parties (like lenders) that they have the rights to development set forth in this lease. Background Information Unforeseen issues in securing solar PV panels due to supply chain issues and a national embargo on importing solar panels/components has delayed the construction of the community solar garden at the Community Center. As such, it is necessary to extend the lease and easement for the project once again. While panels will be installed on the rooftop starting in mid-June 2023, the switchgear needed to make the system fully operational is currently on backorder and will not be available until late fall 2023 or spring 2024. As such, it is necessary to extend the lease until the system is fully operational. Attachments Third Amendment to Lease and Solar Easement Memorandum of Lease and Solar Easement THIRD AMENDMENT TO LEASE AND SOLAR EASEMENT This Third Amendment to Lease and Solar Easement (“Third Amendment”) is made and entered into the 3d 2nd day of MayApril, 2023 by and between the City of Eden Prairie, a Minnesota municipal corporation (“Lessor”) and CEF Eden Prairie Community Solar, LLC, a Minnesota limited liability company (“Lessee”). RECITALS 1. Lessor and Lessee entered into a Lease and Solar Easement dated February 19, 2019 (“Original Lease”), pursuant to which Lessee leases a parcel of real property on the roof of the Eden Prairie Community Center and adjacent property on which to construct and operate a solar energy conversion facility. The Original Lease was amended by a First Amendment to Lease and Solar Easement dated March 16, 2021 to reflect delays caused by a longer than expected interconnection study process. The Original Lease, as amended, was amended further by a Second Amendment to Lease and Solar Easement dated August 16, 2022 to reflect final surveys of the proposed facility site and related easements (the Original Lease, as amended, the “Amended Lease”). The final description of the site (as defined in the Amended Llease, the “Premises”) and other terms of the Amended Lease are reflected in a Memorandum of Lease and Solar Easement by and between Lessor and Lessee dated August 16, 2022 and filed for recording September 13, 2022 in the Office of the Recorder for Hennepin County, Minnesota as Document No. 11149370. 2. Lessee has procured modules for delivery to the Premises and construction will commence in April and May, 2023. Although the facility will be largely constructed in spring and summer of 2023, due to supply constraints, one or more components necessary to complete the facility for full operation may not be available for many months. The Parties wish to amend the Amended Lease to reflect the final schedule for completion. NOW, THEREFORE, in consideration of the foregoing premises, the mutual promises set forth below and in the Amended Lease, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto agree as follows: AGREEMENT 1. Section 3.1(a) of the Amended Lease is amended by deleting “2023” in the second sentence and replacing the deleted reference with “2024”. 2. Except as expressly amended herein, all the terms and provisions of the First Amended Lease remain in full force and affect. 3. This Third Amendment may be executed in counterparts and by different parties on separate counterparts, all of which shall be considered one and the same agreement and each of which shall be deemed an original. (Signature pages to follow) City of Eden Prairie, a Minnesota municipal corporation By: ______________________________________ Ronald A. Case Its: Mayor By: _____________________________________ Rick Getschow Its: City Manager STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this ____ day of _________, 2023, by Ronald A. Case and Rick Getschow, respectively the Mayor and City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of the corporation. ______________________________________ Notary Public CEF EDEN PRAIRIE COMMUNITY SOLAR, LLC, a Minnesota limited liability company By______________________________________ Its ______________________________________ STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this ____ day of ______________, 2023, by _________________, the _____________ of CEF Eden Prairie Community Solar, LLC, a Minnesota limited liability company, on behalf of the company. ______________________________________ Notary Public This instrument drafted by: Paulson Law Office, Ltd. 4445 West 77th Street Suite 224 Edina, MN 55435 (952) 835-0055 AMENDED AND RESTATED MEMORANDUM OF LEASE AND SOLAR EASEMENT This Amended and Restated Memorandum of Lease and Solar Easement (“Amended Memorandum”) is entered into and effective as of April 3May 2, 2023 by and between CEF Eden Prairie Community Solar, LLC, a Minnesota limited liability company (“Lessee”) and the City of Eden Prairie, a Minnesota municipal corporation (“Lessor”). 1. Lessor owns certain real property in Hennepin County, Minnesota (as described in Exhibit A, the “Lessor Property”). Lessor and Lessee entered into a Lease and Solar Easement dated February 19, 2019 (“Lease”) pursuant to which Lessor agrees to lease certain portions of the Lessor Property to Lessee and to grant access and solar easements to Lessee, for Lessee’s construction and operation of a solar photovoltaic facility on the roof of the Eden Prairie Community Center. The Lease was amended by a First Amendment to Lease and Solar Easement dated March 16, 2021 by and between Lessee and Lessor, and by a Second Amendment to Lease and Solar Easement dated August 16, 2022 by and between Lessee and Lessor. The terms of the Lease, as amended, was reflected in a Memorandum of Lease and Solar Easement dated August 16, 2022 by and between Lessor and Lessee which was filed for recording September 13, 2022 in the Office of the Recorder for Hennepin County, Minnesota as Document No. 11149370 (“Memorandum”). Lessor and Lessee entered into a Third Amendment to Solar Lease and Easement dated April 3May 2, 2023 with respect only to the schedule for construction of the facility (the Lease, as amended by all subsequent amendments, the “Amended Lease”), and this Amended Memorandum is being executed and delivered to reflect the amendment and terms of the Amended Lease. 2. Term. The term of the Amended Lease is twenty-five (25) years from the date on which Lessee commences commercial generation of electricity using solar energy on the Premises. 3. Successors. The Amended Lease, and all easements and other rights granted by Lessor to Lessee shall burden the Premises, or applicable portions thereof, and shall run with the Premises. The obligations and rights of the Amended Lease in favor of Lessee shall be binding upon Lessor and inure to the benefit of Lessee and its permitted transferees and assignees under the Amended Lease. The solar easement in the Amended Lease is an easement in gross, personal to and for the benefit of Lessee. 2 4. Miscellaneous. This Amended Memorandum has been executed and delivered by the parties for the purpose of recording and giving notice of the Amended Lease. The terms of the Amended Lease are incorporated by reference into this Amended Memorandum as if set forth fully herein. In the event of any conflict between the terms of the Amended Lease and this Amended Memorandum, the terms of the Amended Lease shall prevail, and nothing in this Amended Memorandum is intended to, nor shall it be interpreted to, amend or modify the term of the Amended Lease. (Signature pages to follow) 3 CITY OF EDEN PRAIRIE, a Minnesota municipal corporation By: Ronald A. Case Its: Mayor By: _______________________________ Rick Getschow Its: City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF ____________ ) The foregoing instrument was acknowledged before me this __ day of _________, 2023 by Ronald A. Case, Mayor of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of the corporation. ________________________________ Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF ____________ ) The foregoing instrument was acknowledged before me this __ day of _________, 2023 by Rick Getschow, City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of the corporation. __________________________________ Notary Public 4 CEF EDEN PRAIRIE COMMUNITY SOLAR, LLC, a Minnesota limited liability company By: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF ____________ ) The foregoing instrument was acknowledged before me this __ day of __________, 2023 by Timothy DenHerder-Thomas, the President of CEF Eden Prairie Community Solar, LLC, on behalf of the company. Notary Public Drafted By: Paulson Law Office, Ltd. 4445 W. 77th Street Suite 224 Edina, MN 55435 (952) 835-0055 Exhibit A – page 1 EXHIBIT A Description of Premises 1. Lessor Property A tract in Hennepin County, Minnesota described as follows: THE SOUTH 430.00 FEET OF THE EAST 340.00 FEET OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 116 NORTH, RANGE 22 WEST; AND THAT PART OF LOT 1, BLOCK 1, LORENCE SECOND ADDITION LYING SOUTHERLY AND SOUTHEASTERLY OF A LINE DESCRIBED AS COMMENCING AT THE SOUTHEAST CORNER THEREOF; THENCE NORTH 88 DEGREES 05 MINUTES 12 SECONDS WEST ALONG THE SOUTH LINE OF SAID LOT 1 TO THE SOUTHWEST CORNER THEREOF AND THE POINT OF BEGINNING OF SAID DESCRIBED LINE; THENCE NORTH 83 DEGREES 55 MINUTES 46 SECONDS EAST 77.40 FEET; THENCE SOUTH 88 DEGREES 05 MINUTES 12 SECONDS EAST 85.41 FEET; THENCE NORTH 28 DEGREES 02 MINUTES 45 SECONDS EAST TO THE EAST LINE OF SAID LOT 1 AND SAID LINE THERE ENDING; AND THAT PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER AND OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 8 DESCRIBED AS BEGINNING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER; THENCE NORTHERLY ALONG THE WEST LINE THEREOF TO THE SOUTHEAST LINE OF LORENCE THIRD ADDITION; THENCE NORTHEASTERLY ALONG SAID SOUTHEAST LINE TO THE MOST EASTERLY CORNER OF SAID LORENCE THIRD ADDITION; THENCE NORTHWESTERLY ALONG THE NORTHEAST LINE THEREOF TO THE WEST LINE OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER; THENCE NORTHERLY ALONG SAID WEST LINE TO A POINT 654.29 FEET NORTH OF THE POINT OF BEGINNING; THENCE DEFLECT RIGHT 127 DEGREES 07 MINUTES 29 SECONDS 184.26 FEET; THENCE EASTERLY 527.79 FEET ALONG A TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 560.00 FEET; THENCE EASTERLY ALONG A REVERSE CURVE HAVING A RADIUS OF 1010.00 FEET TO ITS INTERSECTION WITH THE WEST LINE OF THE EAST 80.00 FEET OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER; THENCE NORTH ALONG SAID WEST LINE 526.46 FEET; THENCE EASTERLY PARALLEL WITH THE SOUTH LINE OF THE NORTH HALF OF SAID SECTION 8 TO THE CENTER LINE OF EDEN PRAIRIE ROAD; THENCE SOUTHERLY ALONG SAID CENTER LINE TO A POINT 400.00 FEET NORTH AS MEASURED ALONG SAID CENTER LINE FROM SAID SOUTH LINE; THENCE WESTERLY PARALLEL WITH SAID SOUTH LINE TO ITS INTERSECTION WITH A LINE DRAWN PARALLEL WITH SAID CENTER LINE FROM A POINT ON SAID SOUTH LINE 1666.07 FEET WEST FROM THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 8; THENCE SOUTH Exhibit A – page 2 ALONG SAID PARALLEL LINE TO THE SOUTH LINE THEREOF; THENCE WESTERLY ALONG SAID SOUTH LINE TO THE BEGINNING; EXCEPT THAT PART DESCRIBED AS COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF VALLEY VIEW ROAD AND THE WEST LINE OF THE NORTHEAST QUARTER OF SECTION 8. TOWNSHIP 116 North, RANGE 22 West; THENCE NORTHERLY ALONG SAID WEST LINE 177.36 FEET; THENCE DEFLECT RIGHT 38 DEGREES 20 MINUTES 05 SECONDS A DISTANCE OF 105.94 FEET TO THE POINT OF BEGINNING OF SAID EXCEPTION; THENCE DEFLECT LEFT 90 DEGREES A DISTANCE OF 129.00 FEET; THENCE DEFLECT RIGHT 90 DEGREES A DISTANCE OF 258.00 FEET; THENCE DEFLECT RIGHT 90 DEGREES A DISTANCE OF 129.00 FEET; THENCE DEFLECT RIGHT 90 DEGREES A DISTANCE OF 258.00 FEET TO THE POINT OF BEGINNING OF SAID EXCEPTION, SUBJECT TO ROAD; ALSO THAT PART OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 8 DESCRIBED AS BEGINNING AT THE NORTHEAST CORNER OF LOT 6, BLOCK 5, ROUND LAKE ESTATES 2ND ADDITION SAID NORTHEAST CORNER BEING ON THE NORTH LINE OF SAID NORTH HALF OF THE SOUTHWEST QUARTER; THENCE SOUTHERLY AT RIGHT ANGLES TO SAID NORTH LINE 100.00 FEET; THENCE 593.12 FEET ALONG A TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 1857.00 FEET; THENCE 480.56 FEET ALONG A COMPOUND CURVE TO THE LEFT WITH A RADIUS OF 703.00 FEET; THENCE 190.07 FEET ALONG A COMPOUND CURVE TO THE LEFT HAVING A RADIUS OF 330.00 FEET; THENCE EASTERLY TANGENT TO SAID CURVE TO THE NORTHEAST CORNER OF LOT 4, BLOCK 2 OF SAID ROUND LAKE ESTATES 2ND ADDITION, SAID CORNER BEING ON THE EAST LINE OF THE WEST 293.80 FEET OF THE EAST HALF OF SAID NORTH HALF OF THE SOUTHWEST QUARTER; THENCE SOUTHERLY ALONG SAID EAST LINE TO THE SOUTH LINE OF THE NORTH 1138.00 FEET OF SAID NORTH HALF OF THE SOUTHWEST QUARTER; THENCE EASTERLY ALONG SAID SOUTH LINE TO A LINE RUNNING FROM A POINT IN THE NORTH LINE OF SAID SOUTHWEST QUARTER 997.80 FEET WEST FROM THE NORTHEAST CORNER THEREOF TO A POINT IN THE CENTERLINE OF HIGHWAY NO. 5 1067.20 FEET WEST FROM THE EAST LINE OF SAID SOUTHWEST QUARTER; THENCE CONTINUE EASTERLY ALONG SAID SOUTH LINE OF THE NORTH 1138.00 FEET TO THE EAST LINE OF SAID NORTH HALF OF THE SOUTHWEST QUARTER; THENCE NORTHERLY ALONG SAID EAST LINE TO THE NORTHEAST CORNER THEREOF; THENCE WESTERLY ALONG THE NORTH LINE OF SAID NORTH HALF OF THE SOUTHWEST QUARTER TO THE POINT OF BEGINNING; ALSO THAT PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8 LYING NORTH OF THE NORTH LINE OF KIRK MEADOWS AND WESTERLY OF THE CENTERLINE OF COUNTY ROAD NO. 4; ALSO THAT PART OF SECTION 8, TOWNSHIP 116 NORTH, RANGE 22 WEST, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8; THENCE NORTH 2 DEGREES 45 MINUTES 21 SECONDS WEST ALONG THE WEST LINE OF Exhibit A – page 3 SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8 A DISTANCE OF 654.29 FEET; THENCE SOUTH 55 DEGREES 37 MINUTES 52 SECONDS EAST A DISTANCE OF 184.26 FEET TO A TANGENTIAL CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 560.00 FEET A CENTRAL ANGLE OF 54 DEGREES 00 MINUTES 00 SECONDS AND AN ARC LENGTH OF 527.79 FEET; THENCE EASTERLY ALONG A REVERSE CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 1010.00 FEET A CENTRAL ANGLE OF 38 DEGREES 00 MINUTES 00 SECONDS AND AN ARC LENGTH OF 669.80 FEET TO THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 2 DEGREES 27 MINUTES 52 SECONDS WEST ALONG SAID WEST LINE OF THE NORTHEAST QUARTER OF SECTION 8 A DISTANCE OF 549.62 FEET; THENCE ON A BEARING OF EAST PARALLEL WITH SAID SOUTH LINE OF THE NORTH HALF OF SECTION 8 A DISTANCE OF 111.89 FEET TO THE POINT OF BEGINNING; THENCE NORTH 35 DEGREES 54 MINUTES 45 SECONDS EAST A DISTANCE OF 63.99 FEET; THENCE SOUTH 69 DEGREES 31 MIN UTES 23 SECONDS EAST A DISTANCE OF 15.45 FEET; THENCE EASTERLY ALONG A TANGENTIAL CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 54.11 FEET A CENTRAL ANGLE OF 88 DEGREES 44 MINUTES 26 SECONDS AND AN ARC LENGTH OF 83.80 FEET; THENCE EASTERLY ALONG A REVERSE CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 11.25 FEET A CENTRAL ANGLE OF 89 DEGREES 06 MINUTES 08 SECONDS AND AN ARC LENGTH OF 17.50 FEET; THENCE SOUTH 69 DEGREES 09 MINUTES 41 SECONDS EAST A DISTANCE OF 26.53 FEET; THENCE NORTH 21 DEGREES 04 MINUTES 03 SECONDS EAST A DISTANCE OF 8.00 FEET; THENCE SOUTH 69 DEGREES 09 MINUTES 41 SECONDS EAST A DISTANCE OF 70.67 FEET; THENCE EASTERLY ALONG A TANGENTIAL CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 807.91 FEET A CENTRAL ANGLE OF 40 DEGREES 10 MINUTES 24 SECONDS AND AN ARC LENGTH OF 566.47 FEET; THENCE SOUTH A DISTANCE OF 49.02 FEET; THENCE WEST PARALLEL WITH SAID SOUTH LINE OF THE NORTH HALF OF SECTION 8 A DISTANCE OF 784.26 FEET TO THE POINT OF BEGINNING; EXCEPT THAT PART OF SECTION 8, TOWNSHIP 116 NORTH, RANGE 22 WEST, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8; THENCE NORTH 2 DEGREES 45 MINUTES 21 SECONDS WEST ALONG THE WEST LINE of SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8 A DISTANCE OF 654.29 FEET; THENCE SOUTH 55 DEGREES 37 MINUTES 52 SECONDS EAST A DISTANCE OF 184.26 FEET TO A TANGENTIAL CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 560.00 FEET A CENTRAL ANGLE OF 54 DEGREES 00 MINUTES 00 SECONDS AND AN ARC LENGTH OF 527.79 FEET; THENCE EASTERLY ALONG A REVERSE CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 1010.00 FEET A CENTRAL ANGLE OF 38 DEGREES 00 MINUTES 00 SECONDS AND AN ARC LENGTH OF 669.80 FEET TO THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 2 DEGREES 27 MINUTES 52 SECONDS WEST ALONG SAID WEST LINE OF THE NORTHEAST QUARTER OF SECTION 8 A DISTANCE OF 549.62 FEET; THENCE ON A BEARING OF EAST PARALLEL WITH SAID SOUTH LINE OF THE NORTH HALF OF SECTION 8 A DISTANCE OF 111.89 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 35 DEGREES 54 MINUTES 45 SECONDS WEST A DISTANCE OF 308.83 FEET Exhibit A – page 4 TO A LINE 80.00 FEET WEST OF AND PARALLEL WITH THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 02 DEGREES 27 MINUTES 52 SECONDS WEST ALONG SAID PARALLEL LINE A DISTANCE OF 250.36 FEET; THENCE EAST PARALLEL TO THE SOUTH LINE OF SAID NORTH HALF OF SECTION 8 A DISTANCE OF 191.89 FEET TO THE POINT OF BEGINNING, SUBJECT TO HIGHWAY. 2. Premises The Lessor Improvements consist of the buildings commonly known as the Eden Prairie Community Center located on the Lessor Property at 16700 Valley View Road, Eden Prairie, Minnesota. The Premises leased by Lessee include the following portion of the Lessor Property: That part of the Southeast Quarter of the Northwest Quarter and the Southwest Quarter of the Northeast Quarter of Section 8, Township 116 North, Range 22 West, Hennepin County, Minnesota described as follows: Commencing at the Southwest corner of said Southeast Quarter of the Northwest Quarter; thence North 2 degrees 45 minutes 21 seconds West, assumed bearing, along the west line of said Southeast Quarter of the Northwest Quarter, a distance of 654.29 feet; thence South 55 degrees 37 minutes 52 seconds East a distance of 184.26 feet; thence 527.79 feet along a tangential curve concave to the north having a radius of 560.00 feet and a central angle of 54 degrees 00 minutes 00 seconds; thence easterly along a reverse curve having a radius 1010.00 feet to its intersection with the west line of the East 80.00 feet of said Southeast Quarter of the Northwest Quarter; thence North 2 degrees 27 minutes 52 seconds West, along said west line, a distance of 108.05 feet to the Point of Beginning; thence continuing North 2 degrees 27 minutes 52 seconds West a distance of 167.90 feet; thence North 35 degrees 54 minutes 45 seconds East a distance of 372.82 feet; thence South 69 degrees 31 minutes 23 seconds East a distance of 15.45 feet; thence northeasterly 83.31 feet along a tangential curve concave to the north having a radius of 54.11 feet and a central angle of 88 degrees 44 minutes 26 seconds; thence northeasterly 17.50 feet along a tangential reverse curve concave to the south having a radius of 11.25 feet and a central angle of 89 degrees 06 minutes 08 seconds; thence South 69 degrees 09 minutes 41 seconds East a distance of 26.53 feet; thence South 54 degrees 03 minutes 42 seconds East a distance of 353.59 feet; thence South 35 degrees 56 minutes 18 seconds West a distance of 594.56 feet; thence North 54 degrees 03 minutes 42 seconds West a distance of 335.64 feet to the Point of Beginning. 2. Access Premises Driveways to and in the Lessor Property owned by Lessor from Eden Prairie Road/Eagle Way/W. 72d Street and related access roads and Valley View Road, the parking lot immediately northwest of the Premises and Lessor Improvements, and all paved and unpaved or improved areas of the Lessor’s property necessary to access the Lessor Improvements and Premises, including access to the roofs of the Lessor Improvements from the exterior by ladder or crane at locations to be mutually agreed by the Parties, and from the interior through stairwells and doors designated by Lessor. 3. Transmission Premises. Portions of the Premises described as follows: Exhibit A – page 5 (i) A strip from the northeast end of the Facility located on the rooftop portion of the Premises down the exterior wall of the Lessor Improvements to ground level within which electric and communication lines will be located and attached to the Lessor Improvements, and continuing underground to the Point of Interconnection, ten feet in width with the centerline being the as-built locations of the electric lines; and (ii) an area of land northeast of the Lessor Improvements and including the expected locations of Lessee’s ground level transformers and related equipment and NSP’s new transformer equipment serving the Facility, as shown in Exhibit C-1. 4. Solar Easement Premises The Premises, together with that part of the Lessor Property 150 feet southeast, south and southwest of the Premises. Exhibit C-1 EXHIBIT C-1 CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: May 2, 2023 DEPARTMENT/DIVISION: Megan Larson Public Works / Engineering ITEM DESCRIPTION: I.C. 22821 Award Contract for the Eden Prairie Road Watermain Replacement Project to Widmer Construction, LLC. ITEM NO.: VIII.K. Requested Action Move to: Award contract for the Eden Prairie Road Watermain Replacement project to Widmer Construction, LLC. in the amount of $990,032.22. Synopsis Seven bids were received on Thursday, April 6, 2023. As part of the bidding process, contractors were required to submit alternates for the type of pipe to be utilized for the trenchless installation. The alternates were: Alternate 1 12” C900 FPVC DR 18 Alternate 2 14” DR 9 HDPE DIPS The low bid included Alternate 2. However, since there is not a substantial increase in cost, staff recommends selecting Alternate 1 and utilizing FPVC. FPVC is the preferred material for long-term maintenance and will keep the watermain material consistent throughout the project. Selecting Alternate 1 does not change the low bidder on the project. The bids received (incorporating Alternate 1) are summarized as follows: Widmer Construction LLC $990,032.22 Bituminous Roadways Inc. $1,061,348.45 Northdale Construction Company, Inc. $1,094,850.82 Minger Construction, Inc. $1,249,691.74 New Look Contracting, Inc. $1,255,020.50 G M Contracting, Inc. $1,270,109.88 Kusske Construction Company $1,271,020.25 City staff recommends awarding the contract for the project to Widmer Construction LLC, in the amount of $990,032.22. Background Information The project will replace the watermain along Eden Prairie Road from Duck Lake Trail to Kurtz Lane. The existing watermain along this corridor has exceeded its useful service life and needs replacement. There have been frequent breaks in this area which have required emergency repairs. This project will utilize a combination of open trench and trenchless installation methods to avoid conflicts with overhead power and to limit disturbance at the crossing of Purgatory Creek. Construction is scheduled to start after August 14th and is to be completed by November 3rd,2023. Project Cost Summary Widmer Construction LLC’s low bid is below the engineer’s estimate and within anticipated costs for this project. This project will utilize the Water Utility Fund. Attachment Contract Agreement 1/2022 CONSTRUCTION CONTRACT AGREEMENT THIS AGREEMENT, made and executed this 2nd day of May 2023, by and between City of Eden Prairie, a Minnesota municipal corporation, hereinafter referred to as the "CITY", and Widmer Construction, LLC., a Minnesota corporation hereinafter referred to as the "CONTRACTOR", WITNESSETH: CITY AND CONTRACTOR, for the consideration hereinafter stated, agree as follows: I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of the Plans and Specifications prepared by the Public Works Department referred to in Paragraph IV, as provided by the CITY for: I.C. 22821 Eden Prairie Road Watermain Replacement CONTRACTOR further agrees to do everything required by this Agreement and the Contract Document. II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto which prices conform to those in the accepted CONTRACTOR'S proposal on file in the office of the City Engineer. The aggregate sum of such prices, based on estimated required quantities is estimated to be $990,032.22. III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents. IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents a. Advertisement for Bids b. Instruction to Bidders c. Accepted Proposal Form d. Construction Contract Agreement e. Contractor's Performance Bond f. Contractor's Payment Bond g. Responsible Contractor Verification Form (2) Special Conditions (3) Detail Specifications (4) General Conditions C-2 (5) Plans (6) Addenda, Supplemental Agreements and Change Orders The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the schedule provided in the Contract Documents. VI. This Agreement shall be executed in one (1) copy. (signature pages follow) C-3 IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the date first above written. CITY OF EDEN PRAIRIE By: _______________________________ Its: Mayor By: _______________________________ Its: City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ______ day of _______________, 20___, by _________________________and _____________________, respectively the Mayor and City Manager of the City of Eden Prairie, a Minnesota municipal corporation. _____________________________ Notary Public CONTRACTOR Widmer Construction, LLC. By: __________________________________ Printed Name: _________________________ Its: _______________________________ Title CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: May 2, 2023 DEPARTMENT/DIVISION: Megan Larson Public Works / Engineering ITEM DESCRIPTION: I.C. 22821 Approve Professional Services Agreement with Bolton & Menk for Construction Administration for the Eden Prairie Road Watermain Replacement Project ITEM NO.: VIII.L. Requested Action Move to: Approve Professional Services Agreement with Bolton & Menk for Construction Administration for the Eden Prairie Road Watermain Extension project in the amount of $114,800. Synopsis This Professional Services Agreement includes construction administration, observation, staking, and record drawings for the Eden Prairie Road Watermain Extension project. Background Information The project will replace the watermain along Eden Prairie Road from Duck Lake Trail to Kurtz Lane. The existing watermain along this corridor has exceeded its useful service life and needs replacement. There have been frequent breaks in this area which have required emergency repairs. This project will utilize a combination of open trench and trenchless installation methods to avoid conflicts with overhead power and to limit disturbance at the crossing of Purgatory Creek. The project was bid on April 6th, and construction is scheduled to start after August 14th and is to be completed by November 3rd, 2023. Project Cost Summary The work will be funded with the Water Utility Fund. Attachment Professional Services Agreement 2021 04 22 Version 2021 04 22 Agreement for Professional Services This Agreement (“Agreement”) is made on the 2nd day of May, 2023, between the City of Eden Prairie, Minnesota (hereinafter “City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Bolton and Menk (“Consultant”), a Minnesota corporation (hereinafter “Consultant”) whose business address is 12224 Nicollet Avenue, Burnsville, MN 55337. Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for Construction Administration for the Eden Prairie Road Watermain Replacement Project hereinafter referred to as the “Work”. The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit A (Bolton and Menk Proposal dated April 21, 2023) in connection with the Work. Exhibit A is intended to be the scope of service for the work of the Consultant. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Term. The term of this Agreement shall be from May 2nd, 2023 through November 18th, 2023 the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $114,800 for the services as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. c. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for Bolton Menk Construction Administration Page 2 of 10 2021 04 22 performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: a. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. b. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. c. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. d. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: a. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City’s project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. b. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on Bolton Menk Construction Administration Page 3 of 10 2021 04 22 Exhibit A performed prior to receipt of written notice from the City of such suspension. c. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City. d. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: “I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid.” 6. Project Manager and Staffing. The Consultant shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the Project Manager without the approval of the City. 7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein. 9. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The Bolton Menk Construction Administration Page 4 of 10 2021 04 22 minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 10. Independent Consultant. Consultant is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Consultant and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Consultant an employee of the City. 11. Insurance. a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. If Consultant’s insurance does not afford coverage on behalf of subcontractors, Consultant must require and verify that all subcontractors maintain insurance meeting all the requirements of this paragraph 11, and Consultant must include in its contract with subcontractors the requirement that the City be listed as an additional insured on insurance required from subcontractors. In such case, prior to a subcontractor performing any Work covered by this Agreement, Consultant must: (i) provide the City with a certificate of insurance issued by the subcontractor’s insurance agent indicating that the City is an additional insured on the subcontractor’s insurance policy; and (ii) submit to the City a copy of Consultant’s agreement with the subcontractor for purposes of the City’s review of compliance with the requirements of this paragraph 11. c. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations Bolton Menk Construction Administration Page 5 of 10 2021 04 22 Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 d. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products- completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. e. Professional Liability Insurance. In addition to the coverages listed above, Consultant shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. It shall be Consultant’s responsibility to pay any retention or deductible for the professional liability insurance. Consultant agrees to maintain the professional liability insurance for a minimum of two (2) years following termination of this Agreement. f. Consultant shall maintain “stop gap” coverage if Consultant obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. g. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations. h. All policies, except the Professional Liability Policy, shall apply on a “per project” basis. i. All General Liability policies, Automobile Liability policies and Umbrella policies shall contain a waiver of subrogation in favor of the City. j. All policies, except for the Worker’s Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. k. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. The Professional Bolton Menk Construction Administration Page 6 of 10 2021 04 22 Liability policy shall insure the defense and indemnity obligations assumed by Consultant under this Agreement except with respect to the liability for loss or damage resulting from the negligence or fault of anyone other than the Consultant or others for whom the Consultant is legally liable. l. Consultant agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. m. It shall be Consultant’s responsibility to pay any retention or deductible for the coverages required herein. n. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non- renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City. o. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. p. A copy of the Consultant’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant’s Work. Upon request a copy of the Consultant’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City’s right to enforce the terms of Consultant’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. q. Effect of Consultant’s Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the Bolton Menk Construction Administration Page 7 of 10 2021 04 22 negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 12. Indemnification. Consultant will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Consultant, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Consultant, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Consultant harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 13. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement (“Information”) shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement (“Project”) does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for Bolton Menk Construction Administration Page 8 of 10 2021 04 22 mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Bolton Menk Construction Administration Page 9 of 10 2021 04 22 Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to C:\Users\mitchho\Desktop\EP Construciotn Proposal\Eden Prairie Road Watermain Replacement_Construction Services.docx April 21, 2023 Mr. Carter Schulze City Engineer City of Eden Prairie RE: Proposal for Construction Services Eden Prairie Road Watermain Replacement Dear Mr. Schulze: Bolton & Menk is pleased to provide you with this proposal for Construction Services in continued support of the City’s Eden Prairie Road Watermain Replacement Project, City Project 22821. SCOPE OF WORK The City of Eden Prairie is requesting construction services in support of the City’s Eden Prairie Road Watermain Replacement Project that is scheduled to be completed later this summer. The project is expected to take 2 ½ months to complete. With start-up and close-out/punch-list we have estimated 14 weeks of total services. This includes approximately 10 weeks of construction administration/observation and 4 additional weeks of time to setup/finalize the construction process. The City of Eden Prairie is requesting construction services support including: construction administration, construction observation, construction staking, construction communication and preparation of record drawings. The improvements will be completed in accordance with the plans and specifications finalized in March of 2023. Task 1: Construction Administration I will continue to serve as your project manager through the construction phase, I will be supported by our Construction Inspection and Observation Team as needed to effectively manage all construction activities on site. Responsibilities of this task include: coordinating and facilitating the preconstruction meeting and weekly construction meetings (10 total), stakeholder and resident coordination, shop drawing review, preparing pay applications, tracking and negotiating contract changes, oversight of the construction observer, project updates for the city to upload on the project page on the City’s website, and overall team management and coordination. A total of 134 hours of service are being provided to manage the general administration related tasks associated with this project. Task 2: Construction Observation Duties of the Resident Project Representative (RPR) will include attendance at the pre-construction meeting and all construction-related meetings (10 total); minimal review of shop drawings; service as a liaison between the City and the contractor; review of the ongoing and completed work to monitor and document if the project is in general conformance with the plans and specifications; maintenance of construction documentation, including entering quantities and daily logs; and communication with affected property owners, as necessary, to address their construction-related concerns and issues. Name: Eden Prairie Road Watermain Replacement – Construction Proposal Date: April 21, 2023 C:\Users\mitchho\Desktop\EP Construciotn Proposal\Eden Prairie Road Watermain Replacement_Construction Services.docx Brandon Mensing will serve as our lead RPR for this project. Depending on contractor’s schedule, and Brandon’s responsibilities in the community to other improvement projects, Brandon may be assisted by another RPR to provide the level of oversight needed to achieve success with this project. A combination of full time/part time construction observation is proposed for the anticipated 10-week construction duration. We have estimated 50 hours/week for 6 weeks of construction observation to inspect the open cut portion of the project. Four (4) weeks of part-time construction observation, at 30 hours/week, has also been included to supply construction observation to the horizontal directional drilling portion of the project. Lastly, 10 hours per week are provided to assist with the start-up and close-out/punch list work. We are anticipating that work to occur over a two-week time period leading up to construction and for two additional weeks after construction concludes to deal with punch list related items and project closeout. A total of 498 hours of service are provided to manage the construction observation needs of this project. Task 3: Construction Staking Bolton & Menk will provide construction survey including staking for the project including: · Storm sewer replacement · Sanitary sewer replacement · Watermain alignment staking · Construction limits (as needed) · Curb, Pavement, and Trail Replacement (as needed) A total of 40 hours of time has been allocated to the survey crew for this work in addition to 8 hours of time for a survey manager to layout/plan the survey work. Task 4: Record Drawings Record drawings detailing the completed improvements as recorded by the construction observer will be completed and furnished to the City in hard copy and electronic format, including any GPS points collected during the construction observation process. Bolton & Menk will prepare as-built record drawings for the City following construction. We expect this work to take approximately 24 hours. PROJECT FEES Because the engineer has no direct control over the scheduling or operations of the project contractor, construction phase services described in this proposal are proposed to be provided on an hourly basis. The estimated total fee for construction services described in this proposal is $114,800.. Estimates for the work described above are as follows: Construction Administration $ 24,700 Construction Observation $ 77,700 Construction Staking $ 8,800 Record Drawings $ 3,600 Estimated Construction Services $ 114,800 Name: Eden Prairie Road Watermain Replacement – Construction Proposal Date: April 21, 2023 C:\Users\mitchho\Desktop\EP Construciotn Proposal\Eden Prairie Road Watermain Replacement_Construction Services.docx Thank you for the opportunity to assist the City with this project, we are excited to see this project move into the construction phase! We look forward to providing these professional services to the City of Eden Prairie and continuing to support the City on this project. Please contact us if you have any questions, need additional information regarding this proposal. Respectfully submitted, Bolton & Menk, Inc. Mitchell R Hoeft Mitchell Hoeft, P.E. Principal Engineer CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: May 2, 2023 DEPARTMENT/DIVISION: Megan Larson Public Works / Engineering ITEM DESCRIPTION: I.C. 22821 Approve Minnesota Department of Natural Resources License for Utility to Cross Public Waters for the Eden Prairie Road Watermain Replacement Project ITEM NO.: VIII.M. Requested Action Move to: Approve Minnesota Department of Natural Resources License for Utility to Cross Public Waters for the Eden Prairie Road Watermain Replacement Project Synopsis The scope of the project includes replacing the watermain that crosses Purgatory Creek along Eden Prairie Road. Since Purgatory Creek is a Public Water, a license from the DNR is required for the crossing. Background Information The project will replace the watermain along Eden Prairie Road from Duck Lake Trail to Kurtz Lane. The existing watermain along this corridor has exceeded its useful service life and needs replacement. At the crossing of Purgatory Creek, the watermain will be installed utilizing trenchless installation to limit disturbance and impacts to the creek. The proposed alignment parallels the existing watermain and will cross above the existing creek culvert. Attachment DNR License for Utility to Cross Public Waters License Number UWAT013142 1 of 5 MINNESOTA DEPARTMENT OF NATURAL RESOURCES LICENSE NUMBER UWAT013142 COMPANY PROJECT NO: 0C1.127439/22821 LICENSE FOR UTILITY TO CROSS PUBLIC WATERS This license is issued by the State of Minnesota, acting by and through its commissioner of natural resources, and hereafter called the “State”, under authority and subject to Minnesota Statutes, section 84.415, and Minnesota Rules Chapter 6135 and other applicable law, to the Licensee as named and for the fee and term as specified below. Name and Address of Licensee: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 License Fee: Three hundred sixty-one and NO/100 Dollars ($361.00) Term (years): 50 Years Effective Date: April 15, 2023 Expiration Date: April 14, 2073 Purpose of License: Construction, maintenance and operation of a liquids pipeline over water under the covenants and agreements of the Licensee to use the following described waters: That part of the following descriptions as shown on the attached application and map, all of which are made a part hereof by reference. SW ¼ NW ¼ in Section 4, Township 116 North, Range 22 West, in Hennepin County This license is granted subject to the following provisions: 1. Use of premises. A. This license is subject to the provisions of Minnesota Statutes, section 84.415 and Minnesota Rules Chapter 6135. All standards of Chapter 6135 are incorporated as terms and conditions of this license, except such variations as are identified and approved by the State in the license applications, plans and specifications which are attached and made part of the terms and conditions of this license. The Licensee is bound by the crossing location and installation method as detailed in the application and approved by the State. The Licensee shall not deviate from the terms and conditions of this license or the application as approved by the State unless it has first obtained written permission from the State. B. When the installation occurs more than six months after the issuance of the license, the Licensee shall contact the State 20 days prior to installation. C. No merchantable timber shall be cut, used, removed or destroyed without first paying the State the timber value in the sum stated above as determined by the State. Slash material on state water crossings must be disposed of within 30 days of clearing activities. D. For overhead crossings of state waters, lines shall have a minimum clearance of 25 feet above the water, unless otherwise approved by the State. E. When directed by the State as a condition of the license, flight diverters shall be placed on overhead utility lines. F. Any cable or conduit located at a shoreline shall be sufficiently buried so that it does not become exposed. G. When directed by the State as a condition of the license, underwater crossings shall be marked by permanent signs on the banks at the points where the line enters and leaves the public waters. H. To protect fish spawning activities, the State may prohibit work in the public water or within a specified distance of the public water during the spawning season. 2. State’s rights and reservations. The use of these waters by the Licensee in constructing or maintaining the lines for which this license is granted shall be subject to the use, sale, or leasing for mineral or other legal purposes. The License Number UWAT013142 2 of 5 Licensee will not cause any unnecessary hindrance to the activities of the State and shall allow access across the license area by the State when needed. 3. Erosion and Revegetation. A. Erosion control measures shall be adequately designed for site characteristics. They shall be installed prior to commencement of construction and maintained for as long as needed. All erosion control measures installed next to a water body shall run parallel to the contours. B. All disturbed areas shall be restored to original contours and elevations and stabilized as soon as possible following construction. Areas of subsidence and crowning shall be repaired. Topsoil shall be reserved on site and used to re-dress disturbed areas. C. All disturbed areas shall be revegetated using state approved seed mixes. All seed and plant materials shall be certified weed-free. Weed-free straw or hay shall be used for mulching and erosion control. Native species plants should be used, whenever possible, to revegetate disturbed areas. This revegetation should occur as early in the season as possible to permit adequate regrowth. D. The Licensee shall monitor revegetation at state water crossings until the site is stabilized and the vegetation is self-sustaining. Where severe or repeated damage is occurring or where measures have not been successful, preventative and corrective actions shall be taken by the Licensee, including construction of appropriate barriers, installation of warning signs, and other methods in consultation with the State. E. The Licensee shall routinely inspect for erosion that may develop during the term of the license. Areas of erosion shall be stabilized by the Licensee. F. If a disturbed area cannot be stabilized with vegetation before September 15 in the year that the utility was installed, the Licensee shall submit a written site stabilization plan to the State for approval. This plan shall describe erosion control, mulching, dormant seeding and monitoring. Seeding shall occur as soon as soil conditions are suitable. G. Excavated materials shall not be deposited or stored alongside public water in a manner where the materials can be redeposited into the public water by reasonably expected high water or storm run-off. 4. Herbicides and Pesticides. A. The Licensee must request and obtain written permission to apply herbicides or pesticides to state waters from the State prior to treatment. This request shall consist of (1) a map identifying proposed treatment areas and (2) a description of the proposed treatment plan, including target species, herbicide or pesticide name, rate of application, a description of application method, and beginning and end dates. All applications must be according to label regulations and as otherwise specified by the State. The Licensee shall not apply pesticides that are restricted for use on certified state forest land administered by the State. B. The Licensee must submit annual reports detailing herbicide or pesticide application on areas covered under the license. The report must include the dates, acres, location expressed as quarter-quarter section, township and range, herbicide or pesticide used, target species, and such other information as may be reasonably required by the State for the purpose of verifying herbicide or pesticide use. C. The Licensee shall post all places commonly used by the public for access along the utility corridors treated with herbicides or pesticides. 5. Invasive Species. A. The Licensee shall inspect all state water crossings for the presence of invasive species and noxious weeds prior to commencing clearing activities and take action to prevent their spread. For installation of the utility line, the State will identify on a map the known infested sites to be avoided. For maintenance and operation, the Licensee is responsible for obtaining updated information on known infested sites. B. If the State or the Licensee discover additional invasive species infestation areas on state water crossings during construction, the Licensee shall immediately take action to prevent spread from the newly discovered infested area and then consult with the State on a resolution. C. The Licensee shall prevent invasive species from entering into or spreading within state water crossing by cleaning equipment and clothing prior to arriving at the license area. The Licensee shall legally dispose of material cleaned from equipment and clothing at a location offsite and the materials must be secured prior to transport to avoid dispersal. D. Whenever possible, parking, staging areas and travel routes shall not be within known infested sites. Where there are multiple state water crossings and at least one contains invasive species, the Licensee shall to the extent practicable start work at the site with the fewest number of invasive plants, leaving the most heavily License Number UWAT013142 3 of 5 infested sites to last. The Licensee shall make every effort to schedule operations and site visits to avoid the spread of weed seed. E. The Licensee shall continue to control invasive species on state water crossings for the terms of the license using methods approved by the State. 6. Crossing of State Trail. A. The location of any crossing of a state trail must be approved in advance by the State. The State may provide written instructions as to specific construction standards to be followed for the crossing of the state trail. B. Utility installation and maintenance activities shall be conducted in a manner so as to minimize disturbance of state trail use and to separate the public from work areas. The Licensee must provide signs to warn state trail users of construction hazards. C. The Licensee is responsible for repairing any damage to the state trail in a manner satisfactory to the State. D. For maintenance and operations, prior approval must be obtained from the State for the cutting or trimming of trees within the state trail right-of-way. E. The Licensee may not close the state trail right-of-way without the prior written approval of the State. 7. Maintenance, operations and repairs. A. The Licensee must keep the premises in a neat and orderly condition, and shall remove all refuse and debris that may accumulate thereon. B. After initial installation, no merchantable timber shall be cut, used, removed or destroyed by the Licensee without first contacting the State at least 60 days in advance to determine if a timber payment is needed. Slash material on state water crossings must be disposed of within 30 days of maintenance activities. C. Emergency repairs and replacements may be made without prior notification to the State by the Licensee according to conditions and standards prescribed by Minnesota Rules, Chapter 6135 and the method of installation identified in this license. The Licensee shall notify the State of this activity as soon as practicable. D. The Licensee shall employ appropriate erosion and sedimentation measures at the site during any emergency repairs. The State must approve plans for restoration of the site after the emergency repairs are conducted. E. Other than the herbicide or pesticide application reporting as provided in paragraph 4, the Licensee shall notify the State of the extent and method of any routine maintenance and the proposed schedule. The notification must be in writing and must be provided either annually or at least 20 days prior to commencing any routine maintenance work on state water crossings subject to this license. The Licensee shall include a specific description of the proposed maintenance activities including location, clearing methods, erosion and sedimentation control measures, removal of merchantable timber, revegetation plans, and plans for preventing the spread of invasive species. The Licensee may commence any routine maintenance work unless notified to the contrary by the State within 20 days after the State’s receipt of the maintenance plan. The State may require the Licensee to adjust its maintenance plans due to natural resource management concerns. 8. State inspection. The project hereunder shall at all times during and after construction be subject to inspection by the State and for that purpose the Licensee shall grant access to the premises at all reasonable times. 9. Compliance with laws. The Licensee shall comply with all federal, state and local laws and regulations, including municipal ordinances, affecting said lands or the area in which they are situated. 10. Taxes and assessments. The Licensee will pay when due all taxes and assessments levied against said waters or any improvements owned, used, or controlled by the Licensee, provided that the taxes or assessments are imposed due to this license. 11. Enforcement. No delay by the State in enforcing any of the conditions of this license shall operate as a waiver of any of its rights. 12. Liability. This license is permissive only. No liability shall be imposed upon or incurred by the State of Minnesota or any of its officers, agents, or employees, officially or personally, on account of the granting of the license or on account of any damage to any person or property resulting from any act or omission of the Licensee or any of its agents, employees, or contractors relating to any license matter. This license shall not be construed as estopping or limiting any legal claims or right of action of any person against the Licensee, its agents, employees, or contractors for any damage or injury resulting from any such act or omission, or as estopping or limiting any legal claim or License Number UWAT013142 4 of 5 right of action of the State against the Licensee, its agents, employees, or contractors, for violation of or failure to comply with the provisions of the license or applicable provisions of law. The Licensee shall indemnify and hold harmless the State from all claims arising out of the Licensee's use of the above described lands whether such claims are asserted by civil action or otherwise. 13. Termination and cancellation. A. At the end of the license period and if both parties wish to renew, the renewal fee will be determined by the State. B. This license shall be cancelable upon reasonable notice by the State for violation of any of its terms, or if at any time its continuance will conflict with a public use of the land over or upon which it is granted, or for any other reason. Licensee shall ensure that Licensee's employees, agents and contractors have received and thoroughly understand all conditions of this license. C. Unless otherwise authorized by the State, upon the surrender, expiration or cancellation of this license, the Licensee shall remove from the above described lands all the utility lines and related structures owned by it. If Licensee does not remove such lines or related structures, all such lines or structures remaining shall become the property of the State, to be used or disposed of as the State elects. If the State requires the Licensee to remove utility lines and related structures and Licensee fails to do so, the Licensee agrees to pay the State for the costs of removing and disposing of such lines or structures. 14. Assignment or transfer. The Licensee shall not without the State's prior written consent: a) assign, convey or otherwise transfer this license or any interest under it; b) sublet the license corridor or any part thereof; or c) permit the use or occupancy of the license corridor or any part thereof by anyone other than the Licensee. This license shall extend to, and bind the successors, heirs, legal representatives and assigns of the Licensee, if any. The State may require a party who has requested to sublet, use or occupy the license corridor to obtain a separate license from the State prior to occupying or using the license corridor. 15. Reports. The Licensee must submit reports on herbicide and pesticide use as provided in paragraph 4 and maintenance and repair work as provided in paragraph 7. 16. Contacts. The contact for the State is the Regional Lands and Minerals Operations Supervisor, who is currently Joe Rokala, at 218-328-8923. Any questions about this license shall be directed to the Regional Lands and Minerals Operations Supervisor. The Regional Lands and Minerals Operations Supervisor may direct the Licensee to contact additional State staff for reviews and approvals. 17. Special provisions. This license is subject to the SPECIAL PROVISIONS attached hereto (none). License Number UWAT013142 5 of 5 ACCEPTED AND ACKNOWLEDGED CITY OF EDEN PRAIRIE Licensee By ___________________________________ Name _________________________________ Title __________________________________ Date __________________________________ By ___________________________________ Name _________________________________ Title __________________________________ Date __________________________________ Form approved by Lands and Minerals Division, DNR, March 5, 2015. STATE OF MINNESOTA DEPARTMENT OF NATURAL RESOURCES By ____________________________________________ Regional Operations Supervisor Date ___________________________________________ CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: May 2, 2023 DEPARTMENT/DIVISION: Megan Larson Public Works / Engineering ITEM DESCRIPTION: I.C. 04-5632 Award Contract for the Pioneer Trail Reconstruction Project to GMH Asphalt Corporation ITEM NO.: VIII.N. Requested Action Move to: Award contract for the Pioneer Trail Reconstruction project to GMH Asphalt Corporation in the amount of $1,377,814.80. Synopsis Eight bids were received on Thursday, April 6, 2023 for the Pioneer Trail Reconstruction project. The bids received are summarized as follows: GMH Asphalt Corporation $1,377,814.80 Park Construction Company $1,384,333.40 Valley Paving $1,385,210.18 Minnesota Dirt Works $1,437,985.45 Minger Construction Co. Inc. $1,473,691.45 Northdale Construction Co. Inc. $1,496,725.77 Max Steininger, Inc. $1,555,587.99 New Look Contracting, Inc. $1,589,756.00 City staff recommends awarding the contract for the project to GMH Asphalt Corporation, in the amount of $1,377,814.80. Background Information The Pioneer Trail Reconstruction Project includes 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 parcels along Pioneer Trail, curb and gutter with stormwater improvements, street and trail construction, and improvements to the existing watermain. The project was bid on April 6th, and construction will start this summer and is to be completed by October 27th, 2023. Project Cost Summary The project will be funded through the pavement management fund, utility (wastewater, water, and stormwater) funds, and special assessment agreements. Attachment Contract Agreement 1/2022 CONSTRUCTION CONTRACT AGREEMENT THIS AGREEMENT, made and executed this 2nd day of May 2023, by and between City of Eden Prairie, a Minnesota municipal corporation, hereinafter referred to as the "CITY", and GMH Asphalt Corporation, a Minnesota corporation hereinafter referred to as the "CONTRACTOR", WITNESSETH: CITY AND CONTRACTOR, for the consideration hereinafter stated, agree as follows: I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of the Plans and Specifications prepared by the Public Works Department referred to in Paragraph IV, as provided by the CITY for: I.C. 04-5632 Pioneer Trail Reconstruction CONTRACTOR further agrees to do everything required by this Agreement and the Contract Document. II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto which prices conform to those in the accepted CONTRACTOR'S proposal on file in the office of the City Engineer. The aggregate sum of such prices, based on estimated required quantities is estimated to be $1,377,814.80. III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents. IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents a. Advertisement for Bids b. Instruction to Bidders c. Accepted Proposal Form d. Construction Contract Agreement e. Contractor's Performance Bond f. Contractor's Payment Bond g. Responsible Contractor Verification Form (2) Special Conditions (3) Detail Specifications (4) General Conditions C-2 (5) Plans (6) Addenda, Supplemental Agreements and Change Orders The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the schedule provided in the Contract Documents. VI. This Agreement shall be executed in one (1) copy. (signature pages follow) C-3 IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the date first above written. CITY OF EDEN PRAIRIE By: _______________________________ Its: Mayor By: _______________________________ Its: City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ______ day of _______________, 20___, by _________________________and _____________________, respectively the Mayor and City Manager of the City of Eden Prairie, a Minnesota municipal corporation. _____________________________ Notary Public CONTRACTOR GMH Asphalt Corporation By: __________________________________ Printed Name: _________________________ Its: _______________________________ Title CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: May 2, 2023 DEPARTMENT/DIVISION: Megan Larson Public Works / Engineering ITEM DESCRIPTION: I.C. 04-5632 Approve Professional Services Agreement with Hansen Thorp Pellinen Olson, Inc. for Construction Administration for the Pioneer Trail Reconstruction Project ITEM NO.: VIII.O. Requested Action Move to: Approve Professional Services Agreement with Hansen Thorp Pellinen Olson, Inc. for Construction Administration for the Pioneer Trail Reconstruction project in the amount of $110,000. Synopsis This Professional Services Agreement includes construction administration, observation, staking, and record drawings for the Pioneer Trail Reconstruction project. Background Information The Pioneer Trail Reconstruction Project includes 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 parcels along Pioneer Trail, curb and gutter with stormwater improvements, street and trail construction, and improvements to the existing watermain. The project was bid on April 6th, and construction will start this summer and is to be completed by October 27th, 2023. Project Cost Summary The project will be funded through the pavement management fund, utility (wastewater, water, and stormwater) funds, and special assessment agreements. Attachment Professional Services Agreement 2021 04 22 Version 2021 04 22 Agreement for Professional Services This Agreement (“Agreement”) is made on the 2nd day of May, 2023, between the City of Eden Prairie, Minnesota (hereinafter “City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Hansen Thorp Pellinen Olson, Inc. (HTPO) (“Consultant”), a Minnesota corporation (hereinafter “Consultant”) whose business address is 7510 Market Place Drive, Eden Prairie, MN 55344. Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for Construction Administration for the Pioneer Trail Reconstruction Project hereinafter referred to as the “Work”. The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit A (HTPO Proposal dated 3/8/2023) in connection with the Work. Exhibit A is intended to be the scope of service for the work of the Consultant. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Term. The term of this Agreement shall be from May 2nd, 2023 through December 31, 2023 the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $110,000 for the services as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. c. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental Pioneer Trail Reconstruction CA Page 2 of 10 2021 04 22 actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: a. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. b. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. c. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. d. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: a. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City’s project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. b. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on Pioneer Trail Reconstruction CA Page 3 of 10 2021 04 22 Exhibit A performed prior to receipt of written notice from the City of such suspension. c. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City. d. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: “I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid.” 6. Project Manager and Staffing. The Consultant shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the Project Manager without the approval of the City. 7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein. 9. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The Pioneer Trail Reconstruction CA Page 4 of 10 2021 04 22 minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 10. Independent Consultant. Consultant is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Consultant and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Consultant an employee of the City. 11. Insurance. a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. If Consultant’s insurance does not afford coverage on behalf of subcontractors, Consultant must require and verify that all subcontractors maintain insurance meeting all the requirements of this paragraph 11, and Consultant must include in its contract with subcontractors the requirement that the City be listed as an additional insured on insurance required from subcontractors. In such case, prior to a subcontractor performing any Work covered by this Agreement, Consultant must: (i) provide the City with a certificate of insurance issued by the subcontractor’s insurance agent indicating that the City is an additional insured on the subcontractor’s insurance policy; and (ii) submit to the City a copy of Consultant’s agreement with the subcontractor for purposes of the City’s review of compliance with the requirements of this paragraph 11. c. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations Pioneer Trail Reconstruction CA Page 5 of 10 2021 04 22 Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 d. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products- completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. e. Professional Liability Insurance. In addition to the coverages listed above, Consultant shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. It shall be Consultant’s responsibility to pay any retention or deductible for the professional liability insurance. Consultant agrees to maintain the professional liability insurance for a minimum of two (2) years following termination of this Agreement. f. Consultant shall maintain “stop gap” coverage if Consultant obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. g. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations. h. All policies, except the Professional Liability Policy, shall apply on a “per project” basis. i. All General Liability policies, Automobile Liability policies and Umbrella policies shall contain a waiver of subrogation in favor of the City. j. All policies, except for the Worker’s Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. k. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. The Professional Pioneer Trail Reconstruction CA Page 6 of 10 2021 04 22 Liability policy shall insure the defense and indemnity obligations assumed by Consultant under this Agreement except with respect to the liability for loss or damage resulting from the negligence or fault of anyone other than the Consultant or others for whom the Consultant is legally liable. l. Consultant agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. m. It shall be Consultant’s responsibility to pay any retention or deductible for the coverages required herein. n. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non- renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City. o. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. p. A copy of the Consultant’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant’s Work. Upon request a copy of the Consultant’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City’s right to enforce the terms of Consultant’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. q. Effect of Consultant’s Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the Pioneer Trail Reconstruction CA Page 7 of 10 2021 04 22 negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 12. Indemnification. Consultant will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Consultant, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Consultant, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Consultant harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 13. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement (“Information”) shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement (“Project”) does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for Pioneer Trail Reconstruction CA Page 8 of 10 2021 04 22 mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Pioneer Trail Reconstruction CA Page 9 of 10 2021 04 22 Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to Pioneer Trail Reconstruction CA Page 10 of 10 2021 04 22 examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar Data Practices Act compliance language. 30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE __________________________ ___ _____ Mayor ______________________________ _____ City Manager CONSULTANT _______________________________________ By: Its: Adam Pawelk Vice President 7510 Market Place Drive Eden Prairie, MN 55344 Phone: 952-829-0700 Fax: 952-829-7806 www.htpo.com HANSEN THORP PELLINEN OLSON, INC. March 8, 2023 Ms. Megan Larson City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Pioneer Trail Reconstruction Project, IC No. 04-5632 Dear Megan, HTPO is pleased to provide this proposal for finalizing plans, bid administration, construction administration, observation, staking, and record drawing/as-built services for the Pioneer Trail Reconstruction Project. SCOPE OF SERVICES We propose to provide the following services: 1. Construction Documents a. Finalize construction documents based on City review comments. b. Final coordination with City. c. Permit Applications i. MCES/MPCA Sanitary Connection ii. MN Department of Health for Watermain 2. Bid Administration a. Submit final construction documents to City for posting on QuestCDN. b. Answer bidder’s questions. c. Prepare addendums, if needed. d. Attend bid opening. e. Review bids and provide recommendation for award. 3. Construction Administration a. Communications with the City, the Contractor and utility companies. b. Conduct preconstruction meeting. c. Attend onsite preconstruction utility meeting. d. Attend up to four meetings as needed during construction. e. Review shop drawings. f. Respond to RFIs & processing change orders, if needed. Exhibit A Page 2 of 3 RE: Pioneer Trail Reconstruction March 8, 2023 g. Process pay requests. h. Project closeout. 4. Construction Observation a. Includes up to 400 hours of construction observation by HTPO over the course of the anticipated 20 weeks of construction (assumes an average of 20 hours per week). b. Final site walk-through and prepare final punch list. 5. Construction Staking Includes a one-time staking on the project for the following: a. Establish 2 site benchmarks. b. Line stakes for limits of construction. c. Line stakes for silt fence. d. Pavement sawcut lines. e. Road centerline subgrade at 50’ intervals and critical grade breaks/transitions. f. Line and grade for curb and gutter. g. Line stakes for trail and pedestrian ramps. h. Line and grade for storm sewer, structures, infiltration basin and drainage boxes. i. Line and grade for sanitary sewer, services and structures. j. Line and grade for watermain, services, hydrants and gate valves. k. Sign location stakes. 6. Construction Record Drawings/As-Builts a. Field locate new hydrants and water valves. b. Field locate new storm and sanitary structures and measure new inverts. c. As-built survey of new infiltration basin grades. d. Prepare record drawings and tie cards. ASSUMPTIONS • Fees for the MDH watermain permit and the MCES sanitary sewer permit are included in the total fee below. • Geotechnical testing will be provided by the City. • Contractor will be responsible for acquiring the MPCA Construction Stormwater permit and a permit from Hennepin County for working within the County right-of-way. • Contractor will be responsible for the Gopher State One Call Request. • The items listed above will be staked one time. Re-staking will be billed hourly based on our hourly rates. • Pedestrian ramps will be staked for location only. Contractor to build per details. Page 3 of 3 RE: Pioneer Trail Reconstruction March 8, 2023 • Staking scope includes up to 11 trips for staking services. Additional trips may incur additional fees. • As-built survey field work will be completed after all construction is complete and will require a single trip. SCHEDULE Per the schedule provided by the City, final documents are to be posted for bidding on March 18, 2023 with the bid opening on April 6, 2023. The construction administration phase will begin following the bid opening. Final completion and project closeout is to be in October 2023 per the date listed in the Special Provisions for this project. COMPENSATION Compensation for those items described in the Scope of Services above are estimated as follows: Total Not to Exceed Fee and Expenses $ 110,000 PAYMENT Invoices will be submitted based on actual hours worked using a 2.4 multiplier times direct personal expense, and reimbursable expenses incurred (printing, courier, and other out-of-house documents and fees). We will keep you informed of our work progress and the above fee estimate will not be exceeded without prior approval from your office. We invoice our services monthly payable within 30 days. Thank you for this opportunity to provide our services. If you have any questions or need additional information, please do not hesitate to contact us. Sincerely, HANSEN THORP PELLINEN OLSON, INC. Aaron Oppenheimer, E.I.T. Adam Pawelk, P.E. Engineering Designer Project Manager | Vice President CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: May 2, 2023 DEPARTMENT/DIVISION: Megan Larson Public Works / Engineering ITEM DESCRIPTION: I.C. 22832 Approve Professional Services Agreement with American Engineering Testing, Inc. for Quality Assurance Testing for the Pioneer Trail Reconstruction Project ITEM NO.: VIII.P. Requested Action Move to: Approve Professional Services Agreement with American Engineering Testing, Inc. for Quality Assurance Testing for the Pioneer Trail Reconstruction project in the amount of $26,816. Synopsis This Professional Services Agreement is for the geotechnical testing for the Pioneer Trail Reconstruction. Testing services include soil, bituminous pavement, and concrete sampling and testing throughout construction to ensure compliance with project plans and specifications. Background Information The Pioneer Trail Reconstruction Project includes 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 parcels along Pioneer Trail, curb and gutter with stormwater improvements, street and trail construction, and improvements to the existing watermain. The project was bid on April 6th, and construction will start this summer and is to be completed by October 27th, 2023. Project Cost Summary The project will be funded through the pavement management fund, utility (wastewater, water, and stormwater) funds, and special assessment agreements. Attachment Professional Services Agreement 2021 04 22 Version 2021 04 22 Agreement for Professional Services This Agreement (“Agreement”) is made on the 2nd day of May, 2023, between the City of Eden Prairie, Minnesota (hereinafter “City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and American Engineering Testing, Inc. (“Consultant”), a Minnesota corporation (hereinafter “Consultant”) whose business address is 550 Cleveland Avenue North, St. Paul, MN 55114. Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for Construction Quality Assurance and Testing for the Pioneer Trail Reconstruction Project hereinafter referred to as the “Work”. The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit A (AET Proposal dated 4/25/2023) in connection with the Work. Exhibit A is intended to be the scope of service for the work of the Consultant. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Term. The term of this Agreement shall be from May 2nd, 2023 through November 18th, 2023 the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $ 26,726 for the services as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. c. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental AET – Construction Quality Assurance and Testing Page 2 of 10 2021 04 22 actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: a. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. b. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. c. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. d. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: a. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City’s project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. b. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on AET – Construction Quality Assurance and Testing Page 3 of 10 2021 04 22 Exhibit A performed prior to receipt of written notice from the City of such suspension. c. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City. d. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: “I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid.” 6. Project Manager and Staffing. The Consultant shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the Project Manager without the approval of the City. 7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein. 9. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The AET – Construction Quality Assurance and Testing Page 4 of 10 2021 04 22 minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 10. Independent Consultant. Consultant is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Consultant and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Consultant an employee of the City. 11. Insurance. a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. If Consultant’s insurance does not afford coverage on behalf of subcontractors, Consultant must require and verify that all subcontractors maintain insurance meeting all the requirements of this paragraph 11, and Consultant must include in its contract with subcontractors the requirement that the City be listed as an additional insured on insurance required from subcontractors. In such case, prior to a subcontractor performing any Work covered by this Agreement, Consultant must: (i) provide the City with a certificate of insurance issued by the subcontractor’s insurance agent indicating that the City is an additional insured on the subcontractor’s insurance policy; and (ii) submit to the City a copy of Consultant’s agreement with the subcontractor for purposes of the City’s review of compliance with the requirements of this paragraph 11. c. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations AET – Construction Quality Assurance and Testing Page 5 of 10 2021 04 22 Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 d. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products- completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. e. Professional Liability Insurance. In addition to the coverages listed above, Consultant shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. It shall be Consultant’s responsibility to pay any retention or deductible for the professional liability insurance. Consultant agrees to maintain the professional liability insurance for a minimum of two (2) years following termination of this Agreement. f. Consultant shall maintain “stop gap” coverage if Consultant obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. g. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations. h. All policies, except the Professional Liability Policy, shall apply on a “per project” basis. i. All General Liability policies, Automobile Liability policies and Umbrella policies shall contain a waiver of subrogation in favor of the City. j. All policies, except for the Worker’s Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. k. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. The Professional AET – Construction Quality Assurance and Testing Page 6 of 10 2021 04 22 Liability policy shall insure the defense and indemnity obligations assumed by Consultant under this Agreement except with respect to the liability for loss or damage resulting from the negligence or fault of anyone other than the Consultant or others for whom the Consultant is legally liable. l. Consultant agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. m. It shall be Consultant’s responsibility to pay any retention or deductible for the coverages required herein. n. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non- renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City. o. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. p. A copy of the Consultant’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant’s Work. Upon request a copy of the Consultant’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City’s right to enforce the terms of Consultant’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. q. Effect of Consultant’s Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the AET – Construction Quality Assurance and Testing Page 7 of 10 2021 04 22 negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 12. Indemnification. Consultant will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Consultant, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Consultant, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Consultant harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 13. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement (“Information”) shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement (“Project”) does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for AET – Construction Quality Assurance and Testing Page 8 of 10 2021 04 22 mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this AET – Construction Quality Assurance and Testing Page 9 of 10 2021 04 22 Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to AET – Construction Quality Assurance and Testing Page 10 of 10 2021 04 22 examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar Data Practices Act compliance language. 30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE __________________________ ___ _____ Mayor ______________________________ _____ City Manager CONSULTANT _______________________________________ By: Its: CITY COUNCIL AGENDA SECTION: Consent Agenda DATE: May 2, 2023 DEPARTMENT/DIVISION: Joe Dusek Public Works/Utilities ITEM DESCRIPTION: Approve Agreement for Professional Services with Advanced Engineering & Environmental Services LLC for Well House # 17 & Transmission Main Construction Phase Services ITEM NO.: VIII.Q. Requested Action Move to: Approve Professional Engineering Services Agreement for Well House No. 17 & Transmission Main Construction Phase Services in the amount of $134,200.00. Synopsis The purpose of the professional services agreement with Advanced Engineering and Environmental Services (AE2S) is to provide construction phase services for Well 17 and the transmission line, which will include construction administration, construction observation, submittal review, and documentation. Background Information With Eden Prairie’s projected population growth, it would have become difficult to provide all the water that the community will require without expanding our water supply. Increased community water conservation steps have helped significantly and will continue to be necessary to obtain approval for additional wells in the future. Well 17 has been drilled and is located at 14600 Village Woods Drive. The construction phase of this project will be to build the well house with all associated piping, mechanical, and electrical components. It will also include the engineering and installation of the transmission line, which will deliver the well water to the treatment plant. Funds for this project are available and will be paid from Water Access Charges (WAC). Attachment • Standard Agreement for Professional Services from AE2S CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: May 2, 2023 DEPARTMENT/DIVISION: Carter Schulze Public Works / Engineering ITEM DESCRIPTION: I.C. 21811 Approve Minnesota Department of Natural Resources License for Utility to Cross Public Waters for the Willow Creek Culvert Replacement Project ITEM NO.: VIII.R. Requested Action Move to: Approve Minnesota Department of Natural Resources License for Utility to Cross Public Waters for the Willow Creek Culvert Replacement Project Synopsis The scope of the project relative to the creek crossing includes installing a sanitary sewer pipe and manholes for future use along Willow Creek Road in conjunction with replacing the bridge and culvert carrying Nine Mile Creek under Willow Creek Road. A license from the DNR is required for the sanitary sewer crossing. Background Information Willow Creek Road currently does not have any public sewer or water installed beyond a short stub from Bryant Lake Drive. Due to the creek culverts needing replacement and planning ahead for future public utilities, the sanitary sewer infrastructure will be installed at the same time to avoid reconstruction in the future. Future water can be installed without affecting the sanitary sewer or the new creek culverts. Attachment DNR License for Utility to Cross Public Waters MINNESOTA DEPARTMENT OF NATURAL RESOURCES LICENSE NUMBER UWAT013079 COMPANY PROJECT NO: 0T1.124108 LICENSE FOR UTILITY TO CROSS PUBLIC WATERS This license is issued by the State of Minnesota, acting by and through its commissioner of natural resources, and hereafter called the “State”, under authority and subject to Minnesota Statutes, section 84.415, and Minnesota Rules Chapter 6135 and other applicable law, to the Licensee as named and for the fee and term as specified below. Name and Address of Licensee: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 License Fee: Two hundred ninety-three and NO/100 Dollars ($293.00) Term (years): 50 Years Effective Date: April 15, 2023 Expiration Date: March 31, 2073 Purpose of License: Construction, maintenance and operation of a liquids pipeline under water under the covenants and agreements of the Licensee to use the following described waters: That part of the NE ¼ NE ¼ in Section 11, Township 116 North, Range 22 West in Hennepin County as shown on the attached application and map, all of which are made a part hereof by reference. This license is granted subject to the following provisions: 1. Use of premises. A. This license is subject to the provisions of Minnesota Statutes, section 84.415 and Minnesota Rules Chapter 6135. All standards of Chapter 6135 are incorporated as terms and conditions of this license, except such variations as are identified and approved by the State in the license applications, plans and specifications which are attached and made part of the terms and conditions of this license. The Licensee is bound by the crossing location and installation method as detailed in the application and approved by the State. The Licensee shall not deviate from the terms and conditions of this license or the application as approved by the State unless it has first obtained written permission from the State. B. When the installation occurs more than six months after the issuance of the license, the Licensee shall contact the State 20 days prior to installation. C. No merchantable timber shall be cut, used, removed or destroyed without first paying the State the timber value in the sum stated above as determined by the State. Slash material on state water crossings must be disposed of within 30 days of clearing activities. D. For overhead crossings of state waters, lines shall have a minimum clearance of 25 feet above the water, unless otherwise approved by the State. E. When directed by the State as a condition of the license, flight diverters shall be placed on overhead utility lines. F. Any cable or conduit located at a shoreline shall be sufficiently buried so that it does not become exposed. G. When directed by the State as a condition of the license, underwater crossings shall be marked by permanent signs on the banks at the points where the line enters and leaves the public waters. H. To protect fish spawning activities, the State may prohibit work in the public water or within a specified distance of the public water during the spawning season. 2. State’s rights and reservations. The use of these waters by the Licensee in constructing or maintaining the lines for which this license is granted shall be subject to the use, sale, or leasing for mineral or other legal purposes. The Licensee will not cause any unnecessary hindrance to the activities of the State and shall allow access across the license area by the State when needed. 3. Erosion and Revegetation. A. Erosion control measures shall be adequately designed for site characteristics. They shall be installed prior to commencement of construction and maintained for as long as needed. All erosion control measures installed next to a water body shall run parallel to the contours. B. All disturbed areas shall be restored to original contours and elevations and stabilized as soon as possible following construction. Areas of subsidence and crowning shall be repaired. Topsoil shall be reserved on site and used to re-dress disturbed areas. C. All disturbed areas shall be revegetated using state approved seed mixes. All seed and plant materials shall be certified weed-free. Weed-free straw or hay shall be used for mulching and erosion control. Native species plants should be used, whenever possible, to revegetate disturbed areas. This revegetation should occur as early in the season as possible to permit adequate regrowth. D. The Licensee shall monitor revegetation at state water crossings until the site is stabilized and the vegetation is self-sustaining. Where severe or repeated damage is occurring or where measures have not been successful, preventative and corrective actions shall be taken by the Licensee, including construction of appropriate barriers, installation of warning signs, and other methods in consultation with the State. E. The Licensee shall routinely inspect for erosion that may develop during the term of the license. Areas of erosion shall be stabilized by the Licensee. F. If a disturbed area cannot be stabilized with vegetation before September 15 in the year that the utility was installed, the Licensee shall submit a written site stabilization plan to the State for approval. This plan shall describe erosion control, mulching, dormant seeding and monitoring. Seeding shall occur as soon as soil conditions are suitable. G. Excavated materials shall not be deposited or stored alongside public water in a manner where the materials can be redeposited into the public water by reasonably expected high water or storm run-off. 4. Herbicides and Pesticides. A. The Licensee must request and obtain written permission to apply herbicides or pesticides to state waters from the State prior to treatment. This request shall consist of (1) a map identifying proposed treatment areas and (2) a description of the proposed treatment plan, including target species, herbicide or pesticide name, rate of application, a description of application method, and beginning and end dates. All applications must be according to label regulations and as otherwise specified by the State. The Licensee shall not apply pesticides that are restricted for use on certified state forest land administered by the State. B. The Licensee must submit annual reports detailing herbicide or pesticide application on areas covered under the license. The report must include the dates, acres, location expressed as quarter-quarter section, township and range, herbicide or pesticide used, target species, and such other information as may be reasonably required by the State for the purpose of verifying herbicide or pesticide use. C. The Licensee shall post all places commonly used by the public for access along the utility corridors treated with herbicides or pesticides. 5. Invasive Species. A. The Licensee shall inspect all state water crossings for the presence of invasive species and noxious weeds prior to commencing clearing activities and take action to prevent their spread. For installation of the utility line, the State will identify on a map the known infested sites to be avoided. For maintenance and operation, the Licensee is responsible for obtaining updated information on known infested sites. B. If the State or the Licensee discover additional invasive species infestation areas on state water crossings during construction, the Licensee shall immediately take action to prevent spread from the newly discovered infested area and then consult with the State on a resolution. C. The Licensee shall prevent invasive species from entering into or spreading within state water crossing by cleaning equipment and clothing prior to arriving at the license area. The Licensee shall legally dispose of material cleaned from equipment and clothing at a location offsite and the materials must be secured prior to transport to avoid dispersal. D. Whenever possible, parking, staging areas and travel routes shall not be within known infested sites. Where there are multiple state water crossings and at least one contains invasive species, the Licensee shall to the extent practicable start work at the site with the fewest number of invasive plants, leaving the most heavily infested sites to last. The Licensee shall make every effort to schedule operations and site visits to avoid the spread of weed seed. E. The Licensee shall continue to control invasive species on state water crossings for the terms of the license using methods approved by the State. 6. Crossing of State Trail. A. The location of any crossing of a state trail must be approved in advance by the State. The State may provide written instructions as to specific construction standards to be followed for the crossing of the state trail. B. Utility installation and maintenance activities shall be conducted in a manner so as to minimize disturbance of state trail use and to separate the public from work areas. The Licensee must provide signs to warn state trail users of construction hazards. C. The Licensee is responsible for repairing any damage to the state trail in a manner satisfactory to the State. D. For maintenance and operations, prior approval must be obtained from the State for the cutting or trimming of trees within the state trail right-of-way. E. The Licensee may not close the state trail right-of-way without the prior written approval of the State. 7. Maintenance, operations and repairs. A. The Licensee must keep the premises in a neat and orderly condition, and shall remove all refuse and debris that may accumulate thereon. B. After initial installation, no merchantable timber shall be cut, used, removed or destroyed by the Licensee without first contacting the State at least 60 days in advance to determine if a timber payment is needed. Slash material on state water crossings must be disposed of within 30 days of maintenance activities. C. Emergency repairs and replacements may be made without prior notification to the State by the Licensee according to conditions and standards prescribed by Minnesota Rules, Chapter 6135 and the method of installation identified in this license. The Licensee shall notify the State of this activity as soon as practicable. D. The Licensee shall employ appropriate erosion and sedimentation measures at the site during any emergency repairs. The State must approve plans for restoration of the site after the emergency repairs are conducted. E. Other than the herbicide or pesticide application reporting as provided in paragraph 4, the Licensee shall notify the State of the extent and method of any routine maintenance and the proposed schedule. The notification must be in writing and must be provided either annually or at least 20 days prior to commencing any routine maintenance work on state water crossings subject to this license. The Licensee shall include a specific description of the proposed maintenance activities including location, clearing methods, erosion and sedimentation control measures, removal of merchantable timber, revegetation plans, and plans for preventing the spread of invasive species. The Licensee may commence any routine maintenance work unless notified to the contrary by the State within 20 days after the State’s receipt of the maintenance plan. The State may require the Licensee to adjust its maintenance plans due to natural resource management concerns. 8. State inspection. The project hereunder shall at all times during and after construction be subject to inspection by the State and for that purpose the Licensee shall grant access to the premises at all reasonable times. 9. Compliance with laws. The Licensee shall comply with all federal, state and local laws and regulations, including municipal ordinances, affecting said lands or the area in which they are situated. 10. Taxes and assessments. The Licensee will pay when due all taxes and assessments levied against said waters or any improvements owned, used, or controlled by the Licensee, provided that the taxes or assessments are imposed due to this license. 11. Enforcement. No delay by the State in enforcing any of the conditions of this license shall operate as a waiver of any of its rights. 12. Liability. This license is permissive only. No liability shall be imposed upon or incurred by the State of Minnesota or any of its officers, agents, or employees, officially or personally, on account of the granting of the license or on account of any damage to any person or property resulting from any act or omission of the Licensee or any of its agents, employees, or contractors relating to any license matter. This license shall not be construed as estopping or limiting any legal claims or right of action of any person against the Licensee, its agents, employees, or contractors for any damage or injury resulting from any such act or omission, or as estopping or limiting any legal claim or right of action of the State against the Licensee, its agents, employees, or contractors, for violation of or failure to comply with the provisions of the license or applicable provisions of law. The Licensee shall indemnify and hold harmless the State from all claims arising out of the Licensee's use of the above described lands whether such claims are asserted by civil action or otherwise. 13. Termination and cancellation. A. At the end of the license period and if both parties wish to renew, the renewal fee will be determined by the State. B. This license shall be cancelable upon reasonable notice by the State for violation of any of its terms, or if at any time its continuance will conflict with a public use of the land over or upon which it is granted, or for any other reason. Licensee shall ensure that Licensee's employees, agents and contractors have received and thoroughly understand all conditions of this license. C. Unless otherwise authorized by the State, upon the surrender, expiration or cancellation of this license, the Licensee shall remove from the above described lands all the utility lines and related structures owned by it. If Licensee does not remove such lines or related structures, all such lines or structures remaining shall become the property of the State, to be used or disposed of as the State elects. If the State requires the Licensee to remove utility lines and related structures and Licensee fails to do so, the Licensee agrees to pay the State for the costs of removing and disposing of such lines or structures. 14. Assignment or transfer. The Licensee shall not without the State's prior written consent: a) assign, convey or otherwise transfer this license or any interest under it; b) sublet the license corridor or any part thereof; or c) permit the use or occupancy of the license corridor or any part thereof by anyone other than the Licensee. This license shall extend to, and bind the successors, heirs, legal representatives and assigns of the Licensee, if any. The State may require a party who has requested to sublet, use or occupy the license corridor to obtain a separate license from the State prior to occupying or using the license corridor. 15. Reports. The Licensee must submit reports on herbicide and pesticide use as provided in paragraph 4 and maintenance and repair work as provided in paragraph 7. 16. Contacts. The contact for the State is the Regional Lands and Minerals Operations Supervisor, who is Joe Rokala at 218-328-8923. Any questions about this license shall be directed to the Regional Lands and Minerals Operations Supervisor. The Regional Lands and Minerals Operations Supervisor may direct the Licensee to contact additional State staff for reviews and approvals. 17. Special provisions. This license is subject to the following SPECIAL PROVISIONS. Special provisions apply to all crossings, and may clarify, add to, or substitute license provisions contained within the license and application materials. Changes or exceptions to these special provisions are subject to written approval by the State. When license and special provisions are in conflict with application materials, the license and special provisions shall prevail and supersede application materials. A. Special Concern Species. State-listed special concern species, Common gallinules, have been found in the vicinity of Nine Mile Creek. Licensee shall avoid disturbance of the species. B. NHIS Letter. Licensee shall not violate any requirements described in the NHIS Letter that are applicable to Licensee’s use of and activities on these public water crossings. ACCEPTED AND ACKNOWLEDGED CITY OF EDEN PRAIRIE Licensee By ___________________________________ Name _________________________________ Title __________________________________ Date __________________________________ STATE OF MINNESOTA DEPARTMENT OF NATURAL RESOURCES By ____________________________________________ Regional Lands and Minerals Operations Supervisor Date ___________________________________________ CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: May 2, 2023 DEPARTMENT/DIVISION: Patrick Sejkora Public Works / Engineering ITEM DESCRIPTION: I.C. 23809 Award Contract for the Sunnybrook Culvert Replacement and ADA Pedestrian Ramp Project to BKJ Land Co II dba BKJ Excavating ITEM NO.: VIII.S. Requested Action Move to: Award contract for the Sunnybrook Culvert Replacement and ADA Pedestrian Ramp project to BKJ Land Co II dba BKJ Excavating in the amount of $202,639.10. Synopsis Nine bids were received on Thursday, April 20, 2023. The bids received are summarized as follows: BKJ Land Co II dba BKJ Excavating $202,639.10 Valley Paving, Inc $225,856.30 New Look Contracting, Inc. $255,654.50 Pember Companies, Inc. $264,312.45 Meyer Contracting Inc. $282,856.74 GMH Asphalt Corporation $295,750.46 Hobs Excavating, Inc. $297,741.00 Park Construction Company $320,545.80 Urban Companies $338,916.00 City staff recommends awarding the contract for the project to BKJ Land Co II dba BKJ Excavating, in the amount of $202,639.10. Background Information The project will replace the culvert under Sunnybrook Road just west of the intersection with Homeward Hills Road. The existing culvert connects two wetlands and has minimal culvert along its length. The culvert has been subject to frequent heaving and pavement repairs due to the minimal cover and poor soil conditions. This project will replace the circular culvert with an elliptical culvert to increase cover over the pipe and will enhance subsurface drainage in the area. The project will also correct storm sewer deficiencies in the vicinity of the culvert. Lastly, the project will replace pedestrian crossings along Homeward Hills Road with ADA compliant ramps. Construction is scheduled to start after June 15th and is to be completed by October 27th. Project Cost Summary BKJ’s low bid is below the engineer’s estimate and within anticipated costs for this project. This project will utilize the Stormwater Utility Fund. Attachment Contract Agreement 1/2022 CONSTRUCTION CONTRACT AGREEMENT THIS AGREEMENT, made and executed this 2nd day of May 2023, by and between City of Eden Prairie, a Minnesota municipal corporation, hereinafter referred to as the "CITY", and BKJ Land Co II dba BKJ Excavating., a Minnesota corporation hereinafter referred to as the "CONTRACTOR", WITNESSETH: CITY AND CONTRACTOR, for the consideration hereinafter stated, agree as follows: I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of the Plans and Specifications prepared by the Public Works Department referred to in Paragraph IV, as provided by the CITY for: I.C. 23809 – Sunnybrook Culvert Replacement and ADA Pedestrian Ramps Project CONTRACTOR further agrees to do everything required by this Agreement and the Contract Document. II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto which prices conform to those in the accepted CONTRACTOR'S proposal on file in the office of the City Engineer. The aggregate sum of such prices, based on estimated required quantities is estimated to be $202,639.10. III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents. IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents a. Advertisement for Bids b. Instruction to Bidders c. Accepted Proposal Form d. Construction Contract Agreement e. Contractor's Performance Bond f. Contractor's Payment Bond g. Responsible Contractor Verification Form (2) Special Conditions (3) Detail Specifications (4) General Conditions C-2 (5) Plans (6) Addenda, Supplemental Agreements and Change Orders The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the schedule provided in the Contract Documents. VI. This Agreement shall be executed in one (1) copy. (signature pages follow) C-3 IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the date first above written. CITY OF EDEN PRAIRIE By: _______________________________ Its: Mayor By: _______________________________ Its: City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ______ day of _______________, 20___, by _________________________and _____________________, respectively the Mayor and City Manager of the City of Eden Prairie, a Minnesota municipal corporation. _____________________________ Notary Public CONTRACTOR BKJ Land Co II dba BKJ Excavating. By: __________________________________ Printed Name: _________________________ Its: _______________________________ Title CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: May 2, 2023 DEPARTMENT/DIVISION: Lesley Cain Public Works / Engineering ITEM DESCRIPTION: #23820 Approve Construction Agreement with Xcel Energy for Street Lighting Facilities on Columbine Drive ITEM NO.: VIII.T. Requested Action Move to: Approve Construction Agreement with Xcel Energy for Street Lighting Facilities on Columbine Drive. Synopsis Xcel Energy will install 8 LED cobra fixtures on black fiberglass poles along the west and on to the northwest side of Columbine Drive from just south of Castlemoor Drive to Prairie Center Drive Background Information This corridor of Columbine Drive, which includes a multi-use trail, does not currently have any street lighting. See map attachment. Xcel Energy was asked to provide a quote for lighting in this area. Staff is recommending approval of this agreement to have Xcel complete the work. The schedule for this work is Summer 2023. Financial Implications The agreement with Xcel has a cost of $25,083.00. This also includes a monthly cost of $20.22 per luminaire, which is the standard service agreement rate for street lighting and will be included with the street lighting budget. These lights will be owned and operated by Xcel Energy with ongoing service. The funding source for the lighting project construction is the Streetlight budget. Attachments • Attach 1 - Construction Agreement for Street Lighting Facilities • Attach 2 – Map of Lighting Corridor Northern States Power Company, a Minnesota corporation and wholly owned subsidiary of Xcel Energy Inc. Page 1 of 5 Outdoor Lighting 825 Rice Street St. Paul, MN 55117 Construction Agreement For Street Lighting Facilities The customer identified below ("Customer") and Northern States Power Company, a Minnesota Corporation and wholly owned subsidiary of Xcel Energy Inc. ("Xcel Energy" or "Company") agree to this Construction Agreement for Street Lighting Facilities, including the attached Terms and Conditions, for the following street light facilities: Customer: City of Eden Prairie Address: 8080 Mitchell Rd City: Eden Prairie State: MN Zip Code: 55344 Project charges of: Twenty-five thousand eighty-three dollars and 00/100 Dollars: $25083.00 In accordance with the following terms of payment: Payment due 30 days after construction is completed For Association or City of: City of Eden Prairie Streetlights/Facilities Location: Columbine Rd Rate Code: A30 Standard Service Option 30-40W LED (4000 Lumens). Current monthly rate is $20.22 per luminaire. Service consisting of: Standard Service ongoing service Installation of Company Owned streetlight facilities consisting of: Designation of Lamps: Install 8 LED cobra fixtures on 30' fiberglass poles Install by directional bore approx. 1808' of #6 AL DX in 1½” conduit. Restoration is not included in this contract. Number of Luminaries: 8- 30-40W LED Cobra Fixtures Fixture Color –Gray 8-30’ fiberglass poles Pole Color – Dark Bronze Project charges valid for 60 days from signing of contract. Customer and Xcel Energy agree to the attached terms and conditions for the installation and moving of the facilities identified above. Customer and Xcel Energy agree that the operation of the facilities shall be subject to the General Street Lighting Contract for Operations & Maintenance Services between Customer and Xcel Energy, dated Dated this _________ day of _______ 20 ________ Dated this _________ day of _______ 20 _______ Customer: City of Eden Prairie Xcel Energy: By: By: Title: Title: Robert J Schommer, Senior Operations Manager – Minnesota as authorized agent for Northern States Power Co. XCEL ENERGY USE ONLY Date: 04/03/2023 Div: Edina Xcel Energy Outdoor Project Coordinator: Damon Erickson Xcel Energy Project Number: SAP Notification # 13646023 Customer Charges Paid: Northern States Power Company, a Minnesota corporation and wholly owned subsidiary of Xcel Energy Inc. Page 2 of 5 Outdoor Lighting 825 Rice Street St. Paul, MN 55117 TERMS AND CONDITIONS Customer and Company agree to the following terms and conditions: 1. Acceptance. Execution of this Agreement constitutes Customer's acceptance of the express terms of Company’s proposal and the offer contained therein, which are included and incorporated into this Agreement. Any additional or different terms proposed by Customer, or any attempt by Customer to vary in any degree any of the terms in this Agreement in Customer’s acceptance, are hereby objected to and rejected, and (i) such additional or different terms shall not operate as a rejection of the incorporation of the Company's proposal in this Agreement unless such variances are with respect to terms involving the description, quantity, or delivery schedule of the Work to be performed by Company as described in Company’s proposal ("the Work” means the supplying of any labor, materials, or any other work of Company expressly described in Company’s proposal); (ii) such additional or different terms shall be deemed a material alteration hereof; and (iii) Company’s proposal shall be deemed accepted by Customer and incorporated into this Agreement without said additional or different terms. 2. Request for Installation; Rights. Customer requests that Company install outdoor lighting at the location(s) designated on page one and/or as shown on the attached exhibit. Customer grants Company any right, privilege and easement to install, operate and maintain its facilities, including underground facilities, on the property. 3. Installation Requirements. Customer agrees that, prior to Company starting work: (1) the route of Company’s service installation shall be accessible to Company’s equipment; (2) Customer will remove all obstructions from the route at no cost or expense to Company; (3) Customer will clearly mark all septic tanks, drain-fields, sprinkler systems, water wells, owner-installed electric or pipeline facilities, or other Customer-owned facilities in the installation route; and (4) the ground elevation along the route shall not be above or more than four inches below the final grade. Company will contact the appropriate agency to locate 3rd party utility facilities (phone, cable, etc.) on Customer property. Customer agrees Company is not responsible for damage to Customer-owned underground facilities not marked at the time of outdoor lighting service installation. 4. Installation Cost Contribution. Customer agrees to pay an installation cost contribution provided in Project Charges on page one. Customer is responsible for any additional installation costs incurred by Company because of (1) soil conditions that impair the installation of underground facilities, such as rock formations, etc., (2) extensive existing underground facilities, and (3) any existing conditions that exist but did not exist at the time the installation cost was determined, such as new sidewalks, curbing, black top, paving, sod or other landscaping and obstructions along the cable route. 5. Winter Construction Charges. When underground facilities are installed between October 1 and April 15, inclusive, because of failure of Customer to meet all requirements of the Company by September 30, or because the Customer's property, or the streets leading thereto, are not ready to receive the underground facilities by such date, such work will be subject to a Winter Construction Charge when winter conditions of six inches or more of frost exist, snow removal or plowing is required to install service, or burners must be set at the underground facilities in order to install service for the entire length of the underground service. Winter construction will not be undertaken by the Company where prohibited by law or where it is not practical to install underground facilities during the winter season. The charges apply to frost depths of 18” or less. At greater frost depths, the Company may individually determine the job cost. The Company also reserves the right to charge for any unusual winter construction expenses. All winter construction charges are non-refundable and are in addition to any normal construction charges. 6. Schedule; Delays. Quoted shipping and completion dates are approximate and are based on prompt receipt of all necessary information and approvals from Customer and access as required by Company and its contractors or subcontractors (if any) to the site and to the equipment which is the subject of this Agreement. If Company’s performance is delayed by Customer's suspension of work, in whole or in part, or by any act or omission of Customer, the time for performance will be extended by the period of time required by Company to return to the state of performance that existed before the delay. If the delay or suspension continues for sixty (60) days, Company has the right to cancel or renegotiate the Agreement. Customer will pay an equitable adjustment based on a claim submitted by Company for all reasonable costs, damages and expenses incurred by Company incident to the delay or suspension. Northern States Power Company, a Minnesota corporation and wholly owned subsidiary of Xcel Energy Inc. Page 3 of 5 Outdoor Lighting 825 Rice Street St. Paul, MN 55117 7. Changes. The prices for any extras or changes to the scope of the Work or modifications to the payment or performance schedule will be agreed upon in writing before either party will be obligated to proceed with such changes. Performance of any change will not waive any claims for equitable adjustment in price or schedule. 8. Relocating Facilities. Customer agrees to pay the cost of relocating any portion of facilities, including underground facilities, to accommodate Customer or as required due to altering of grade, additions to structures, installation of patios, decks, gardens, sidewalks, curbing, paving, blacktop, sod, landscaping or any other condition which makes maintenance of the Company’s facilities impractical. Company shall notify Customer of such relocations prior to incurring relocation costs. 9. Environmental. Prior to the start of the Work, Customer will provide notice of any hazardous materials or hazardous situations that it is aware of with respect to the facilities where the Work is to be performed or that could affect the Work. In the event Company encounters the existence of asbestos, asbestos containing materials, formaldehyde, lead, or potentially toxic or otherwise hazardous material in the performance of the Work, the discovery thereof shall constitute a cause beyond Company’s reasonable control and Company shall have the right to cease or not commence the Work until the area has been made safe by Customer or Customer’s representative, at Customer’s expense. 10. Restoration. Company will restore any excavation of the boulevard on Customer’s property with existing soil so it is level and clean. Customer is responsible for the final compacting, loam, seeding, sod or watering of the boulevard at Customer’s expense unless otherwise noted on page one of this Agreement. 11. Additional Charges. In addition to the project charges on page one of this Agreement, Company shall be compensated for any added costs of performing the Work attributable to any one or more of the following: (i) any and all extras and change orders and any and all other additional work mutually agreed by Customer and Company; (ii) any and all costs and expenses related to asbestos or other environmental matters, any unforeseen conditions or any changes in the law; and (iii) any and all added costs and expenses of performing the Work attributable to any change by Customer in the criteria or information for the facility or to any delay or breach by Customer or its subcontractors. 12. Operations; Maintenance. Customer requests and authorizes Company to provide illumination and maintain the street lighting facilities under the Terms and Conditions as described in Customer’s General Street Lighting Contract for Operations & Maintenances Services with Company, which shall be effective upon the completion date of the street light installation. 13. Payments. Unless otherwise specified in Company’s proposal, Company may at its option invoice Customer upon completion of the Work or invoice Customer on a monthly basis for construction work performed under this Agreement. Customer shall pay Company all invoiced amounts within thirty (30) days of receipt of invoice. 14. Termination. Customer may terminate the Agreement only upon written notice to Company and payment to Company for all (i) services and Work rendered or performed to the effective date of such termination; (ii) materials, supplies and equipment purchased prior to the effective date of such termination; and (iii) costs incurred by Company as a result of such termination. To the extent that Company uses the materials, supplies, or equipment on other projects or for maintenance purposes, Customer will not be charged for them. 15. Warranties. Company shall perform the Work in a safe and professional manner in accordance with all applicable codes, standards, regulations and laws. Company shall repair, replace or correct to Customer’s satisfaction all faulty or substandard work or defects in materials which appear within ninety (90) days from the date of completion of the Work. Acceptance of the Work or payment by Customer shall not affect this obligation. THE WARRANTIES SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL STATUTORY OR IMPLIED WARRANTIES (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE). 16. Limitation of Remedies. IN NO EVENT, WHETHER BASED ON CONTRACT, INDEMNITY, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL COMPANY BE LIABLE TO CUSTOMER FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR REVENUE. In no event whatsoever shall Northern States Power Company, a Minnesota corporation and wholly owned subsidiary of Xcel Energy Inc. Page 4 of 5 Outdoor Lighting 825 Rice Street St. Paul, MN 55117 Company ever be liable to Customer for any damages or other amounts (including, without limitation, direct or actual damages), whether arising in contract or tort (including, without limitation, negligence) or otherwise, under or in connection with this Agreement or the Work, in an amount, in the aggregate, in excess of the total price paid for the Work; any and all claims for damages in excess of such amount being hereby forever waived and released by Customer; provided, however, that nothing contained in this sentence shall waive or limit any direct damages which Customer may suffer on account of Company’s gross negligence or willful misconduct. 17. Force Majeure. Neither party will be liable to the other for any delay or failure to perform due to any cause beyond its reasonable control, including fire, flood, strike or other labor difficulty, act of God, or act of any governmental authority. The party experiencing the force majeure will notify the other party promptly, and appropriate adjustments will be negotiated. In the event of delay in performance due to force majeure, the date of delivery or time for completion will be extended by a period of time reasonably necessary to overcome the effect of such delay, provided that if such delay continues for 60 days the party not experiencing the force majeure may terminate this Agreement. 18. Document Approval. Company may request that Customer review documents developed by Company for conformity with Customer requirements or specifications. Unless Customer advises Company otherwise in writing within fifteen (15) days after Company’s submission, Company may consider the documents approved and proceed with work. Changes thereafter, made at the direction of Customer, will entitle Company to adjustment by change order. 19. Documentation and Proprietary Information. Customer will provide Company with accurate and complete information in order to permit Company to successfully undertake and complete the Work. Company shall not be prohibited from disclosure or use of proprietary or confidential information or documents necessary for Company to secure or maintain in effect any license or permit, or otherwise to complete the Work. Where Customer information is incomplete or incorrect, resulting in delay or extra work, Company will be entitled to adjustment by change order. 20. Work Product. All reports, drawings, plans, specifications, calculations, studies, software programs, tapes, models and memoranda, if any, assembled or prepared by Company or Company’s affiliates, independent professional associates, agents, consultants, contractors or subcontractors pursuant to this Agreement are instruments of service in respect of the Work, and Company shall retain all ownership and property interest therein, whether or not the Work is completed. Customer may make and retain copies for information and reference in connection with the Work; provided, however, that it is understood and agreed that such documents are not intended to be re-used by Customer or others on extensions of the project or on any other project or any other purpose other than as expressly set forth in this Agreement, and Customer shall not re-use or disclose to any third party all or any portion of such work product without the express prior written consent of Company. 21. Customer Facilities. Company does not assume any responsibility for the adequacy, safety or satisfactory performance of Customer's facilities. Customer shall, to the fullest extent permitted by law, indemnify, defend and hold harmless Company and its officers, directors, agents, employees, and representatives from and against any and all losses, claims, damages, expenses (including attorneys' fees and costs) arising, for any reason whatsoever, out of the failure, non-operation or faulty performance of Customer's facilities (except to the extent of Company’s gross negligence or willful misconduct). 22. Subcontracting. Company may subcontract any portion or all of the Work without the approval of Customer. 23. Independent Contractor. Nothing contained in this Agreement nor any acts of the parties shall be construed to create the relationship of principal and agent, or of limited or general partner, or of joint venture or of any association between or among the parties to this Agreement, except that of owner and independent contractor. 24. Title; Rights of Access. Customer warrants that it has fee simple title to the property. Customer hereby grants to Company the right to enter and improve the real property for the purposes stated herein. 25. Ownership. Customer shall acquire no right, title or interest in any portion of the Work or Company’s equipment or facilities placed in, on, over, through and/or under the real property by Company. The Work constructed and installed by Company on the real property of Customer shall be and mean the personal property of Company, shall not be considered a fixture of the property, shall not attach to the realty, and shall not be alienable or Northern States Power Company, a Minnesota corporation and wholly owned subsidiary of Xcel Energy Inc. Page 5 of 5 Outdoor Lighting 825 Rice Street St. Paul, MN 55117 lienable by Customer or any other party. Further, Company may remove, repair and replace the Work and its component system and equipment at any time without notice in Company’s sole and absolute discretion. 26. Other. It is agreed that failure by Customer or by Company at any time or from time to time to enforce any of the provisions of this Agreement shall not be construed to be a waiver of such provision or of Customer's right or Company’s right, respectively, to thereafter enforce each and every provision hereof. This Agreement contains, with respect to the specific services to be performed by Company, the entire understanding of the parties, and shall supersede any other oral or written agreements and be binding upon and inure to the benefit of the parties' successors and assigns. This Agreement may not be modified in any way without the written consent of both parties. If any provision of this Agreement is determined by a court to be unenforceable, then such provision will be deemed null and void but the remaining provisions shall be enforceable according to their terms. This Agreement shall be construed and interpreted in accordance with the internal laws of the State of Minnesota (as opposed to conflicts of laws provisions) as though all acts and omissions contemplated hereby or related hereto occurred in Minnesota. No course of prior dealing, usage of trade and course of performance shall be used to modify, supplement or explain any terms of this Agreement. Neither Party will assign or otherwise transfer its rights or obligations hereunder, in whole or in part, without the advance written consent of the other. Notwithstanding the above, Company may assign its rights or obligations to any of its affiliates without the written consent of Customer. 27. Governing Law. The Terms and Conditions provided herein and the rights of all the parties hereunder shall be construed under and governed by the laws of the State of Minnesota. Area of Lighting Project Existing Lighting 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. Scale:1:7,143 ²0 330 660 ft Streetlights Eden Prairie Private Xcel Energy CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: May 2, 2023 DEPARTMENT / DIVISION: Matt Bourne, Parks and Natural Resources Manager ITEM DESCRIPTION: Authorize Purchase of Three Equipment Trailers ITEM NO.: VIII.U. Requested Action Move to: Authorize purchase of three new equipment trailers from Lano Equipment, Inc. for a total cost of $48,985.60 Synopsis Park Maintenance has a number of trailers that are used for transporting equipment around the city. Three of these trailers have begun to break down and are in need of replacing. If approved, staff plans to place the order for all three trailers, but delivery will be staggered so that one is received in 2023 and two will be delivered some time in 2024. The City of Eden Prairie participates in the State of Minnesota Cooperative Purchasing Venture (CPV). This enables the City to buy vehicles and equipment under the terms of contracts already negotiated by the State of Minnesota. These new trailers will be purchased using State of Minnesota CPV programs. Funding for this purchase will come from the Park Maintenance General Fund. Attachments Quote for Felling Pan Deck Trailers Quote for Felling Tilt Bed Trailer FELLING TRAILERS, INC. 1525 Main Street South, Sauk Centre, MN 56378 Phone: 800-245-2809 – www.felling.com 2600-F Page 1 Appx Completion Date Subject to Engineering Review Model Web Page: 04/12/2023 Ref. No: 248175LAE ATTENTION: Evan Lano Customer Info Reference No: 248175LAE Galvanized Ship To:Bill to: Lano Equipment Inc. 3021 West 133rd Shakopee, Minnesota 55379 Phone: 952-445-6310 FAX: Lano Equipment Inc. 3021 West 133rd Shakopee, Minnesota 55379 Customer Unit/Stock: Phone: 952-445-6310 FAX: PO#Sales Person Laurie Engle Appx Completion 55 (weeks) Quote Date 04/12/2023 Other Charge Order Date Product ID FT-12 P Drop Deck - Ramp Order Status Quote Serial No Drawing No: OVL Length: 28 Copy No: 1 of 2 Part No: Appx Wgt +/-: 3,050 lbs Shipping Notes: Notes: City of Eden Prairie / Jason Goblirsch / (952) 949-8536 / jgoblirsch@edenprairie.org / 55344 MRP No: Smart No: 4.52228 Item Type Options Description Add Qty Unit Total Qty Base Trailer FT-12 P Each 0 Deck Length ✓Add Deck Length 6 Feet 22 Frame Type 6" Structural Channel Tongue Std 1 Frame Type 4" and 3" Crossmember Std 1 Frame Type Pan Style with 10" Sides Std 1 Deck Type Pressure Treated Wood Std 1 Ramps; Rear ✓60" Overall, Split Full Width Mesh Top (Exp Metal 3.14#) Spring Assist with Tread Plate Approach Plate Pair 1 Appx Deck Height 16" Loaded, 18" Unloaded (Drop Axles) Inches 1 Width 102" OD, 79" ID Std 1 Tie Downs Corner Ties Std 2 Tie Downs D-Rings, 5/8" Straight Std 6 Brakes Electric, FSA (Fwd Self Adj) On All Axles Each 1 Axles 6K, Drop Std 2 Axles, Acc EZ-Lube Hubs Each 2 Suspension Spring Std 1 Tires & Wheels ST235/80R 16 E, 8 Bolt [16 x 6] Mod Std 4 Hitch Length Center of Coupler to Headboard, Appx Feet 4.5 Hitch Type ✓2.5" Adjustable Lunette Eye/Pintle, [C] 42,000 lb Plate Mount (5/8" Bolt) Opt 1 Jack 12K Spring Loaded Side Wind Jack - Single Speed Each 1 Plug 7 Pole RV Std 1 Lights LED,4 tail light system, Sealed Wiring Harness Std 1 Trailer Color ✓Galvanized (Black Felling Decal) ** 3 Weeks already added to Lead Time ** LBS 3050 Standard Document Holder Std 1 Standard 3/8" Safety Chains, Grade 70 Std 1 GVWR ✓Requested Rating - 9,980# Opt 1 FELLING TRAILERS, INC. 1525 Main Street South, Sauk Centre, MN 56378 Phone: 800-245-2809 – www.felling.com 2600-F Page 2 Appx Completion Date Subject to Engineering Review Model Web Page: 04/12/2023 Ref. No: 248175LAE MSO’s are not released until Payment Received **FOB IF NO FREIGHT charged** ** FET Tax may apply on 26,000 lb GVWR and above ** Please sign and date your acceptance of this quote: \signature1\ \date1\ **PRICING MAY BE SUBJECT TO MARKET ADJUSTMENT AT TIME OF INVOICE** CITY COUNCIL AGENDA SECTION: Consent DATE: May 2, 2023 DEPARTMENT / DIVISION: Matt Sackett Police Department ITEM DESCRIPTION: Approval of an Application to Conduct Off-Site Gambling for Eden Prairie Hockey Association ITEM NO.: VIII.V. Requested Action Move to: Approve Resolution Approving the Application to Conduct Off-Site Gambling for Lawful Gambling to be Conducted by the Eden Prairie Hockey Association at Schooner Days Synopsis The Eden Prairie Hockey Association (EPHA) recently approached the City regarding its desire to sell pull-tabs at Schooner Days, a community festival occurring June 2-4, 2023 at Round Lake Park. The EPHA is working with the Eden Prairie Lions Club, Schooner Days organizer. EPHA currently has Premises permits for three locations within the City: Bowlero, Champps and Old Chicago. State law allows an organization to conduct lawful gambling on a premises other than its permitted premises for up to 12 special events in a calendar year. City approval is necessary before EPHA’s application can be submitted to the Gambling Control Board. EPHA must still complete the application process and obtain approval from the Gambling Control Board before any lawful gambling may occur at this event. EPHA has met the requirements of City Code § 5.40 and staff recommends approval of the Application to Conduct Off-Site Gambling at Schooner Days, at Round Lake Park. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2023- A RESOLUTION APPROVING AN APPLICATION TO CONDUCT OFF-SITE GAMBLING FOR LAWFUL GAMBLING TO BE CONDUCTED BY THE EDEN PRAIRIE HOCKEY ASSOCIATION AT SCHOONER DAYS WHEREAS, Eden Prairie Hockey Association holds premises permits and is licensed to conduct lawful gambling at three locations in the City of Eden Prairie. WHEREAS, Eden Prairie Hockey Association is submitting an application to the Minnesota Gambling Control Board for approval of an Application to Conduct Off-Site Gambling at Schooner Days, a Community Festival occurring June 2-4, 2023 at Round Lake Park, 16691 Valley View Road, Eden Prairie, MN 55346. WHEREAS, Eden Prairie Hockey Association will be responsible for operating and managing the lawful gambling activity and must comply with all applicable requirements of state law and Eden Prairie City Code § 5.40. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota that, pursuant to Minnesota Statutes Sections 349.165, subd. 5 and 349.213, subd. 2 and Eden Prairie City Code § 5.40, the City Council does hereby approve the Application to Conduct Off-Site Gambling for the Eden Prairie Hockey Association to conduct lawful gambling at Schooner Days, a community festival occurring June 2-4, 2023 at Round Lake Park and directs the City Clerk to certify a copy of this resolution for Eden Prairie Hockey Association for inclusion with the state application. ADOPTED by the Eden Prairie City Council this 2nd day of May, 2023. ____________________________________ Ronald A. Case, Mayor ATTEST _______________________________ Nicole Tingley, City Clerk CITY COUNCIL AGENDA SECTION: Public Hearing DATE: May 2, 2023 DEPARTMENT/DIVISION: Ashton Kogel Public Works / Engineering ITEM DESCRIPTION: Vacation 23-01 Vacation of Drainage and Utility Easements ITEM NO.: IX.A. Requested Action Move to: Close the public hearing; and Adopt the Resolution vacating Drainage and Utility Easements. Synopsis The Property Owners have requested a lot line adjustment of Lots 1 and 2, Block 1, Prairie Estates 2nd Addition. In order to approve the lot line adjustment, the platted drainage and utility easements adjoining the existing lot line between the two properties need to be vacated. New drainage and utility easements will need to be granted along the adjusted lot line. Background Information The drainage and utility easements were originally dedicated on the plat of Prairie Estates 2nd Addition. New drainage and utility easements along the adjusted lot line will be granted as a condition of the lot line adjustment. The recording of the resolution vacating the existing drainage and utility easements will be conditioned on the recording the drainage and utility easements along the new lot line. Attachments • Resolution • Location Map • Site Plan • Published Notice • Notification List CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2023- VACATION OF PART OF THE DRAINAGE AND UTILTY EASEMENTS LYING OVER, UNDER, AND ACROSS LOTS 1 & 2, BLOCK 1, PRAIRIE ESTATES 2ND ADDITION VACATION 23-01 WHEREAS, the City of Eden Prairie has certain drainage and utility easements described as follows: The drainage and utility easement on that part of Lots 1 and 2, Block 1, PRAIRIE ESTATES 2ND ADDITION, Hennepin County, Minnesota described as follows: The southerly 5.00 feet of said Lot 1 except the westerly 10.00 feet and the easterly 5 feet, and the northerly 5.00 feet of said Lot 2 except the westerly 10.00 feet and the easterly 22.66 feet. WHEREAS, a Public Hearing was held on May 2, 2023, after due notice was given to affected property owners and published in accordance with M.S.A. 412.851; and WHEREAS, the Council has been advised by City Staff that the proposed vacation of the above described drainage and utility easements has no relationship to the comprehensive municipal plan; and WHEREAS, it has been determined that the said drainage and utility easements are not necessary and have no interest to the public, therefore, should be vacated. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said drainage and utility easements as described above are hereby vacated. 2. The City Clerk shall prepare a Notice of Completion of Proceedings in accordance with M.S.A. 412.851. 3. This Resolution is contingent upon and shall not be effective until a new drainage and utility easement document has been conveyed to the City and recorded with the County Recorder/Registrar of Titles as applicable. The City Clerk shall not present the Notice of Completion of Proceedings to the County Auditor or file it with the County Recorder/Registrar of Titles until the easement document has been recorded. ADOPTED by the Eden Prairie City Council on May 2, 2023. ________________________ Ronald A. Case, Mayor ATTEST: _______________________ Nicole Tingley, City Clerk 58PRAIR IE LA .DUCKST.W.BARBERRYCIR.175th AVE. DR.VIEWNDGRAPADONSDR.P ERING OA KS OA KS DR. BARBERRY WAYHUNTERS RUNBRIDLCV.DUCK LAKE RD.CIR.TR. ALPINE HILLCRESTLA.S. SHORE LA .BAYWOODN. H IL CT.EDENWOOD DR.HILLSDR.GROVECT.WAYMALLARDCT.DR.BAY KLINC66thW. 67th St.ALPINEWAYN. HILLCREST CT.S. HILLCRESTCT.LA.COLLEENCIR.EMERALD LA.LI V A.L SHORELA.LA. ELDFI I R M BRENEVENSTORD.NBO Y DLA.AVE.TER.STERLI NGLEEOLRATR.KELAB OYD W. LA. LORENA LA. IDLEWOOD WAY AVE.WLA.LA.R.DDR.RRYCHELOGANCT. TER.12.ROSADR.DR.ADDINGTON CT.SHEFFIELDRUSTIC CRA NBERRY LA.EHTHBROOKDR.L A . VPA LA26.W. 67THSW.ORLAND168th COU SUNBURST W.TACEWOODRRELA.DR.TR.LAKEHHACLAYCRCRYTCOU MODR.1.ADRETCT.NOTGINTITHWWAYELLERDALEAOIUQSETER.GRENWICHTAIGA WAYOSSRD.S. LUNDCREEK VIEW L A . LA. MALLORY GI N G E R D R . CI R .W. 62nd LA.EGRABEN CT.CIR.KLCSUYHONERD.ORNAMN.LA.DA NIELLA.ALRSI M .RDLA. ASHBY M E R ES. MANOR RD.CAMBORNE DR.NTRYSIDE CT. LERCHANDAVE. PL. CRAIG DR. DR. UNDESTAD ST. CAVENDISH PL.LA.W. 62ND ST.TNAMBAY WOOD94.ST.W. 66th ST.LWAKEKA'TCIR.CIR.LA.U LLA ESTCRLWHISVIEWPR A I R I EDuckLakeP u r g a t o r y C r e e k Purgatory462EdenbrookConservationAreaRusticHills ParkEdenValleyParkTimberCreekConservationArea4EDEN PETERBORG RD.Eden PrairieHigh SchoolPrairie ViewElementary SchoolG:\Engineering\Drawings\Public Works\Easements\Vacations\2023\VAC 23-01.dwg DATE: 05/09/2022VACATION LOCATION MAPVAC 23-01SITE EASEMENT EXHIBIT Easement Vacation Description The drainage and utility easement on that part of Lots 1 and 2, Block 1, PRAIRIE ESTATES 2ND ADDITION, Hennepin County, Minnesota described as follows: The southerly 5.00 feet of said Lot 1 except the westerly 10.00 feet and the easterly 5.00 feet, and the northerly 5.00 feet of said Lot 2 except the westerly 10.00 feet and the easterly 22.66 feet. EASEMENT VACATION PROPOSED DRAINAGE AND UTILITY EASEMENT Proposed Easement Description An easement for drainage and ut ility purposes on that part of Lot 1, Block 1, PRAIRIE ESTATES 2ND ADDITION, Hennepin County, Minnesota, lying 5.00 feet northwesterly and 5.00 feet southeasterly of the described line: Commencing at the northwest corner of said Lot 1; thence South 00 degrees 43 minutes 02 seconds East, assumed bearing, along the west line of said Lot 1 a distance of 211.60 feet to the point of beginning of the line to be described; thence North 76 degrees 36 minutes 45 seconds East a distance of 141.44 feet to the east line of said Lot 1 and said line there terminating. VACATION 23-01 NOTICE OF VACATION OF A PART OF THE DRAINAGE AND UTILITY EASEMENTS AS DEDICATED ON LOTS 1 AND 2, BLOCK 1, PRAIRIE ESTATES 2ND ADDITION, HENNEPIN COUNTY, MINNESOTA Notice is hereby given that a public hearing will be held before the Eden Prairie City Council at the Eden Prairie City Hall, 8080 Mitchell Road, Eden Prairie, Minnesota, on May 2, 2023 at 7:00 p.m. to hear all persons present upon the proposed vacation of public drainage and utility easements described as follows: Proposed legal description of drainage and utility easement to be vacated: The drainage and utility easement on that part of Lots 1 and 2, Block 1, PRAIRIE ESTATES 2ND ADDITION, Hennepin County, Minnesota described as follows: The southerly 5.00 feet of said Lot 1 except the westerly 10.00 feet and the easterly 5 feet, and the northerly 5.00 feet of said Lot 2 except the westerly 10.00 feet and the easterly 22.66 feet. By Order of the City Council Published in the Sun Sailor on April 13, 2023 NOTIFICATION LIST VACATION REQUEST 23-01 A copy of the Public Hearing Notice has been sent to owners of the following parcels: 0511622210103 0511622210104 0511622210108 0511622210109 0511622210110 0511622210111 0511622220004 0511622220005 0511622220006 0511622220007 A copy of the Public Hearing Notice has been sent to the following Utilities: CenterPoint Energy Century Link Communications Comcast Cable Xcel Energy CITY COUNCIL AGENDA SECTION: Payment of Claims DATE: May 02, 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 299323 - 299988 Wire Transfers 1033163 - 1033354 Wire Transfers 9416 – 9506 Purchasing Card 9452 City of Eden Prairie Council Check Summary 5/2/2023 Division Amount Division Amount 000 General 140,390 304 Senior Board 104 100 City Manager 23,648 309 DWI Forfeiture 1,982 101 Legislative 1,664 315 Economic Development 11,428 102 Legal Counsel 23,000 509 CIP Fund 263,792 110 City Clerk 905 512 CIP Trails 5,338 111 Customer Service 10,883 513 CIP Pavement Management 2,088 112 Human Resources 1,083 522 Improvement Projects 2006 95,443 113 Communications 18,276 526 Transportation Fund 1,600 114 Benefits & Training 3,085 539 2020 Improvement Projects 97 130 Assessing 924 540 Duck Lake Rd. Reconstruction 1,159 131 Finance 1,724 541 DELL RD (CRESTWOOD TO CSAH 61)470 132 Housing and Community Services 26,918 542 Willow Creek Street/Utilities 2,883 133 Planning 2,372 543 Police Remodel 2,096 136 Public Safety Communications 1,099 804 100 Year History 1,191 137 Economic Development 16 Total Capital Projects Fund 389,670 138 Community Development Admin.1,412 150 Park Administration 3,931 601 Prairie Village Liquor 208,435 151 Park Maintenance 74,352 602 Den Road Liquor 367,274 153 Organized Athletics 2,093 603 Prairie View Liquor 227,752 154 Community Center 42,980 605 Den Road Building 2,587 155 Beaches 280 701 Water Enterprise Fund 799,980 156 Youth Programs 9,038 702 Wastewater Enterprise Fund 393,968 157 Special Events 537 703 Stormwater Enterprise Fund 64,038 158 Senior Center 3,813 Total Enterprise Fund 2,064,035 159 Recreation Administration 6,997 160 Therapeutic Recreation 233 802 494 Commuter Services 65,846 162 Arts 1,375 806 SAC Agency Fund 2,485 163 Outdoor Center 1,425 807 Benefits Fund 1,534,512 168 Arts Center 2,098 809 Investment Fund 4,728 180 Police Sworn 59,706 811 Property Insurance 12,799 184 Fire 34,835 812 Fleet Internal Service 364,156 186 Inspections 4,711 813 IT Internal Service 175,878 200 Engineering 4,786 814 Facilities Capital ISF 40,144 201 Street Maintenance 23,443 815 Facilites Operating ISF 56,826 202 Street Lighting 80,406 816 Facilites City Center ISF 108,278 Total General Fund 614,437 817 Facilites Comm. Center ISF 220,172 818 Dental Insurance 25,781 301 CDBG 56,765 820 Fencing Consortium 114,882 303 Cemetary Operation 4,048 Total Internal Svc/Agency Funds 2,726,487 321 Opioid Settlement 1,169 Total Special Revenue Fund 61,982 Report Total 5,856,611 City of Eden Prairie Council Check Register by GL 5/2/2023 Check #Amount Supplier / Explanation Account Description Business Unit Comments 299943 459,768 METERING & TECHNOLOGY SOLUTIONS Capital Under $25,000 Water Capital Water Meter Assemblies 299650 371,569 METROPOLITAN COUNCIL MCES User Fee Wasterwater Collection Wastewater Svc Fee May 2023 9461 311,378 HEALTHPARTNERS Accounts Receivable Health and Benefits April 2023 Premiums 9449 296,999 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR Ending 03.24.23 9479 289,400 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR Ending 04.07.23 1033303 227,273 TOWMASTER INC Equipment Parts Fleet - Public Works Outfitting new truck 160 and parts 1033222 218,897 XCEL ENERGY Electric Various Funds Multi location electric 9447 213,998 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 03.10.23 9477 212,157 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 03.24.23 299796 206,721 PARKOS CONSTRUCTION COMPANY Building Repair & Maint.Capital Maint. & Reinvestment Round Lake Park Bldg Project 299686 140,390 PLAYPOWER LT FARMINGTON INC Equipment Repair & Maint General Fixed Asset Account Gr Wyndham Knoll/Prairie East Playground Equip 9474 117,631 MINNESOTA DEPT OF REVENUE Sales Tax Payable Various Funds Salex Tax Mar 2023 299608 114,882 ARX PERIMETERS Building Rental Fencing Consortium Fence, Gate, Doors April - Sept 2023 1033354 94,618 XCEL ENERGY Electric Various Funds 299767 77,647 EUREKA CONSTRUCTION INC Improvement Contracts Improvement Projects 2006 9452 67,582 USB-PURCHASING CARD Other Contracted Services Various Funds 299907 67,250 CARVER COUNTY Fiber Lease Payments IT Capital 1033344 56,393 LOGIS Network Support IT Operating 1033347 40,317 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical Facilities Capital 299506 39,872 NORTH COUNTRY CHEVROLET Autos Fleet - Public Works 1033338 34,544 CENTERPOINT ENERGY Gas Various Funds 299675 34,220 ULTIMATE SOFTWARE GROUP, THE Ultimate (prev. Ceridian)IT Operating 9481 32,641 EMPOWER Deferred Compensation Health and Benefits 9451 31,640 EMPOWER Deferred Compensation Health and Benefits 1033200 31,387 CENTERPOINT ENERGY Gas Various Funds 299746 30,960 BLUE WATER SCIENCE OCS - Monitoring Stormwater Non-Capital 9456 26,387 CARD CONNECT Bank and Service Charges Community Center Admin 299805 26,019 SOUTH METRO PUBLIC SAFETY TRAINING FACIL Other Contracted Services Public Safety Training Facilit 1033208 24,615 HAWKINS INC Treatment Chemicals Water Treatment 299529 24,234 STANTEC CONSULTING SERVICES INC Other Contracted Services Stormwater Capital 299497 23,553 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 299487 23,000 IVERSON REUVERS Legal Legal Council 299983 22,825 VIDEOTRONIX INC Other Contracted Services Capital Maint. & Reinvestment 1033290 22,465 DIVERSE BUILDING MAINTENANCE Janitor Service Various Funds 299928 22,171 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Other Contracted Services Improvement Projects 2006 9480 21,365 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 1033201 21,329 DIVERSE BUILDING MAINTENANCE Janitor Service Various Funds 299359 21,151 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 9450 21,051 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 299924 20,466 GRAYMONT Treatment Chemicals Water Treatment 1033196 20,039 ADVANCED ENGINEERING & ENVIRONMENTAL SE Improvement Contracts Water Treatment 299519 20,000 SANDAU CONSTRUCTION CO INC Other Contracted Services Rehab 299715 19,558 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 299932 19,336 HULS BROS TRUCKING INC Lime Residual Removal Water Treatment 299613 19,190 BOLTON & MENK INC Design & Engineering Water Capital 299601 18,551 ABM ONSITE SERVICES-MIDWEST Janitor Service City Center - CAM 9462 18,494 NCR PAYMENT SOLUTIONS,PA, LLC Bank and Service Charges Prairie View Liquor Store 299578 17,859 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 9460 17,527 WEX HSA - Employee Health and Benefits Check #Amount Supplier / Explanation Account Description Business Unit Comments 299748 17,104 BOLTON & MENK INC Design & Engineering Willow Creek Street/Utilities 299708 16,501 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store 299926 16,342 GRI EDEN PRAIRIE, LLC Other Contracted Services Prairie Village Liquor Store 299565 16,283 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store 299963 16,187 PRAIRIEVIEW RETAIL LLC Other Contracted Services Prairie View Liquor Store 299647 16,157 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 299571 16,006 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 9427 15,924 WEX HSA - Employee Health and Benefits 299858 15,852 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 9497 15,747 WEX HSA - Employee Health and Benefits 299920 15,570 EXCEL LAWN & LANDSCAPE Contract Svcs - Snow Removal Various Funds 9464 15,148 CHASE Bank and Service Charges Various Funds 299683 15,000 LAND TITLE INC Other Contracted Services CDBG - Public Service 299851 14,601 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store 299556 14,554 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 299507 13,741 NORTHWESTERN POWER EQUIPMENT CO INC Repair & Maint. Supplies Water Treatment 299769 13,187 GRAYMONT Treatment Chemicals Water Treatment 299729 13,099 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 9417 13,021 I-494 CORRIDOR COMMISSION Wages and Benefits 494 Corridor Commission 9476 13,021 I-494 CORRIDOR COMMISSION Wages and Benefits 494 Corridor Commission 9506 13,021 I-494 CORRIDOR COMMISSION Wages and Benefits 494 Corridor Commission 299516 13,000 RIGHTLINE DESIGN LLC Other Contracted Services Communications 299365 12,945 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 299875 12,732 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store 299721 12,398 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 1033207 11,878 HANSEN THORP PELLINEN OLSON Design & Engineering Water Capital 299338 11,819 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 299883 11,778 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 299679 11,767 VIDEOTRONIX INC Capital Under $25,000 Capital Maint. & Reinvestment 299696 11,646 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 299376 11,373 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 299539 11,325 VIDEOTRONIX INC Capital Under $25,000 General Community Center 299596 10,829 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 299834 10,790 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 299783 10,538 LEAGUE MN CITIES INS TRUST Insurance Property Insurance 299500 10,431 MINNESOTA LIFE INSURANCE COMPANY Life Insurance EE/ER Health and Benefits 299702 9,805 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 299817 9,660 VERIZON WIRELESS Cell/Pager Plans Various Funds 299663 9,375 PROP Other Contracted Services Housing and Community Service 299446 9,000 ASSOCIATED EXTERIORS INC Other Contracted Services Rehab 299735 8,967 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 1033242 8,957 CENTERPOINT ENERGY Gas Various Funds 299352 8,908 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store 299936 8,878 K&S HEATING AIR PLUMBING ELECTRIC INC Accounts Receivable TIF-Eden Shores Senior Housing 9495 8,740 U.S. BANK - I-494 PURCH. CARD Marketing 494 Corridor Commission 299592 8,426 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 9463 8,155 BPAS HRA Health and Benefits 299551 8,152 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 299644 8,084 KORTERRA, INC OCS - Utility Locates Water Distribution 299380 8,033 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 1033349 7,930 STREICHERS Clothing & Uniforms Police Sworn 299344 7,895 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 299611 7,842 BADGER METER Telephone Water Metering Check #Amount Supplier / Explanation Account Description Business Unit Comments 1033304 7,793 TWIN CITY SEED CO Landscape Materials/Supp Park Maintenance 299364 7,604 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 299941 7,595 MACQUEEN EQUIPMENT INC Other Contracted Services Fire 299353 7,590 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 9498 7,538 HEALTHPARTNERS Dental Insurance Dental Insurance 299877 7,421 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store 299826 7,412 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 299354 7,324 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store 299724 7,168 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store 299369 7,145 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store 299588 7,110 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store 299567 6,860 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store 299638 6,800 HENNEPIN COUNTY MEDICAL CENTER Tuition Reimbursement/School Police Sworn 299633 6,613 GRAYMONT Treatment Chemicals Water Treatment 1033309 6,607 XCEL ENERGY Electric Various Funds 299853 6,585 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store 299472 6,571 GRAYMONT Treatment Chemicals Water Treatment 299662 6,518 PROP Other Contracted Services CDBG - Public Service 299566 6,448 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 1033253 6,392 POMP'S TIRE SERVICE INC Tires Fleet Operating 1033211 6,291 LOCATORS & SUPPLIES INC Operating Supplies Capital Outlay Parks 299576 6,218 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 299666 6,129 SAVATREE Other Contracted Services Tree Removal 299329 6,065 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 299709 6,051 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 1033299 6,012 METROPOLITAN MECHANICAL CONTRACTORS Contract Svcs - HVAC City Center - CAM 299616 5,981 CATALYST GRAPHICS INC Printing Communications 299866 5,909 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 299474 5,795 HAMMER COMMUNITY SOLAR LLC Electric Facilities Operating ISF 299786 5,757 MACQUEEN EQUIPMENT INC Equipment Repair & Maint Fire 299460 5,651 DG MINNESOTA CS 2021 LLC Electric Facilities Operating ISF 299815 5,550 VALLEY RICH CO INC Equipment Repair & Maint Water Distribution 1033257 5,519 ZIEGLER INC Equipment Repair & Maint Fleet Operating 9459 5,358 HEALTHPARTNERS Dental Insurance Dental Insurance 299913 5,104 COREMARK METALS Operating Supplies Street Maintenance 299379 5,020 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 299930 5,016 HINTERLAND CSG LLC Electric Facilities Operating ISF 299752 4,888 CALLYO 2009 CORP Other Contracted Services Police Sworn 299546 4,859 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 1033293 4,746 GENUINE PARTS COMPANY Operating Supplies Fleet Operating 299957 4,728 PFM ASSET MANAGEMENT LLC Interest Investment Fund 299451 4,600 CASTRO CLEANING LLC Janitor Service Utility Operations - General 299512 4,575 PRO TREE OUTDOOR SERVICES Other Contracted Services Tree Removal 299496 4,544 MADISON NATIONAL LIFE INSURANCE CO INC Disability Ins Employers Health and Benefits 9485 4,531 HEALTHPARTNERS Dental Insurance Dental Insurance 299632 4,432 GENERAL REPAIR SERVICE Equipment Repair & Maint Fleet Operating 299720 4,413 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 299891 4,395 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 299905 4,360 AXON ENTERPRISE INC Training Supplies Police Sworn 299970 4,274 SOBANIA COMMUNITY SOLAR Electric Facilities Operating ISF 299482 4,227 HINTERLAND CSG LLC Electric Facilities Operating ISF 299852 4,176 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 299803 4,158 SOCCER SHOTS Instructor Service Preschool Events Check #Amount Supplier / Explanation Account Description Business Unit Comments 299343 4,113 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 299626 4,109 EARL F ANDERSEN INC Repair & Maint. Supplies Utility Operations - General 299772 4,104 HEALTHPARTNERS Wages and Benefits 494 Corridor Commission 299984 4,100 WAYNES HOME SERVICES Window Washing Various Funds 299985 4,090 WM CORPORATE SERVICES INC Waste Disposal Arts Center 9484 3,986 INVOICE CLOUD INC Bank and Service Charges Various Funds 9416 3,942 U.S. BANK - I-494 PURCH. CARD Marketing 494 Corridor Commission 299508 3,900 OCEL BUILDERS INC Other Contracted Services Rehab 1033351 3,890 WALL TRENDS INC Contract Svcs - General Bldg City Hall (City Cost) 299918 3,875 EDEN PRAIRIE EARLY CHILDHOOD Other Contracted Services Housing and Community Service 1033205 3,821 GENUINE PARTS COMPANY Equipment Parts Fleet Operating 299972 3,815 SSI KEF SLB LLC Electric Water Treatment 299370 3,794 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 299450 3,737 BRY-AIR INC Building Repair & Maint.Utility Operations - General 1033346 3,712 METRO SALES INCORPORATED*Equipment Rentals IT Operating 299778 3,547 IMPACT PROVEN SOLUTIONS Other Contracted Services Wastewater Accounting 1033217 3,540 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Supply (Wells) 299527 3,520 SOBANIA COMMUNITY SOLAR Electric Facilities Operating ISF 299690 3,483 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 299547 3,438 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 299870 3,365 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 299653 3,353 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Various Funds 1033214 3,321 METRO SALES INCORPORATED*Other Rentals IT Operating 1033249 3,306 MENARDS Supplies - General Bldg Reforestation 299775 3,266 HLS OUTDOOR Chemicals Park Maintenance 9438 3,239 HEALTHPARTNERS Dental Insurance Dental Insurance 1033219 3,197 STREICHERS Clothing & Uniforms Police Sworn 299363 3,188 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store 9428 3,173 HEALTHPARTNERS Dental Insurance Dental Insurance 1033213 3,158 METRO ELEVATOR INC Contract Svcs - Elevator City Center - CAM 299948 3,125 MOVEFWD INC Other Contracted Services Housing and Community Service 299520 3,088 SAVATREE Other Contracted Services Tree Removal 299982 3,067 VAN PAPER COMPANY Cleaning Supplies Prairie Village Liquor Store 299594 3,012 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 299659 3,000 PITNEY BOWES BANK INC RESERVE ACCOUNT Postage Customer Service 299986 3,000 YMCA OF THE NORTH Other Contracted Services Housing and Community Service 1033310 2,936 ZARNOTH BRUSH WORKS INC.Equipment Parts Fleet Operating 299330 2,930 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 299692 2,922 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 299726 2,892 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store 1033341 2,848 HORIZON COMMERCIAL POOL SUPPLY Supplies - Pool Pool Maintenance 299705 2,847 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 1033286 2,832 ANCHOR PAPER COMPANY Office Supplies Customer Service 299816 2,791 VAN PAPER COMPANY Cleaning Supplies General Community Center 299848 2,756 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 299857 2,718 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 299554 2,711 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 299827 2,702 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 299523 2,700 SHADYWOOD TREE EXPERTS INC Other Contracted Services Tree Removal 299350 2,696 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 299725 2,687 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 299669 2,660 ST CROIX ENVIRONMENTAL INC Design & Engineering Utility Operations - General 299371 2,637 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 299768 2,630 FIRE SAFETY USA INC Equipment Parts Fleet Operating 299914 2,600 D H EXCAVATING Other Contracted Services Eden Prairie Cemetery 1033297 2,600 METRO ELEVATOR INC Building Repair & Maint.Utility Operations - General 9423 2,587 WEX FSA - Medical Health and Benefits 299919 2,550 EHLERS & ASSOCIATES INC Deposits Economic Development Fund 299332 2,534 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 299876 2,518 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 9488 2,515 WEX FSA - Medical Health and Benefits 299665 2,500 RELATE COUNSELING CENTER Other Contracted Services Housing and Community Service 299617 2,489 CENTURYLINK Telephone Various Funds 299788 2,460 METROPOLITAN COUNCIL Other Revenue SAC Agency Fund 299467 2,456 EDINA/EDEN PRAIRIE EXPLORERS Miscellaneous Volunteers 299615 2,432 BRYAN ROCK PRODUCTS INC Repair & Maint. Supplies Street Maintenance 299538 2,422 VERTEX UNMANNED SOLUTIONS Capital Under $25,000 Police Sworn 299536 2,421 VAN PAPER COMPANY Operating Supplies Den Bldg. - CAM 299691 2,400 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 299710 2,389 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store 1033334 2,387 WSB & ASSOCIATES INC Other Contracted Services Stormwater Non-Capital 299658 2,380 PETERSON COUNSELING AND CONSULTING Health & Fitness Fire 299831 2,375 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 299813 2,351 TOTAL MECHANICAL SERVICES Contract Svcs - HVAC Fitness/Conference - Cmty Ctr 299600 2,333 A1 RENT IT Other Rentals Tree Disease 299953 2,332 NOW MICRO INC Capital Under $25,000 Police Sworn 299648 2,318 MEDICINE LAKE TOURS Special Event Fees Trips 1033225 2,304 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store 299968 2,300 SHADYWOOD TREE EXPERTS INC Other Contracted Services Tree Removal 299975 2,267 SSI KEF SLB LLC Electric City Center - CAM 299452 2,262 CENTERPOINT ENERGY Insurance Property Insurance 299841 2,259 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 299570 2,246 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 1033335 2,171 BARR ENGINEERING COMPANY OCS - Monitoring Stormwater Non-Capital 299828 2,163 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 299937 2,103 LAKE COUNTRY DOOR LLC Contract Svcs - General Bldg Maintenance Facility 299819 2,096 WOLD ARCHITECTS AND ENGINEERS Other Contracted Services Police Remodel 1033178 2,088 BRAUN INTERTEC CORPORATION Testing CIP Pavement Management 1033263 2,048 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 1033272 2,025 CLAREY'S SAFETY EQUIPMENT Health & Fitness Fire 1033248 2,013 LITTLE FALLS MACHINE INC Equipment Parts Fleet Operating 1033209 1,996 INTERSTATE POWER SYSTEMS INC Equipment Repair & Maint Fleet Operating 1033247 1,996 INTERSTATE POWER SYSTEMS INC Equipment Repair & Maint Fleet Operating 299590 1,995 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store 299860 1,985 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store 299484 1,960 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits 299476 1,943 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police Sworn 299974 1,941 SSI KEF SLB LLC Electric Water Treatment 299492 1,940 LEAGUE OF MINNESOTA CITIES Dues & Subscriptions Stormwater Non-Capital 299723 1,935 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 299607 1,935 ARVIG Fiber Lease Payments IT Operating 299509 1,897 PERA Wages and Benefits 494 Corridor Commission 299797 1,897 PERA Wages and Benefits 494 Corridor Commission 1033337 1,894 CDW GOVERNMENT INC.Operating Supplies Aquatics Admin. 299794 1,875 ONWARD EDEN PRAIRIE Other Contracted Services Housing and Community Service 299627 1,850 EXCEL LAWN & LANDSCAPE Contract Svcs - Snow Removal City Center - CAM Check #Amount Supplier / Explanation Account Description Business Unit Comments 299931 1,831 HOMELINE Other Contracted Services Housing and Community Service 299711 1,823 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 9465 1,814 WEX FSA - Dependent Care Health and Benefits 299700 1,813 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 299770 1,813 GYM WORKS Equipment Repair & Maint Fitness Center 299521 1,800 SCOTT NELSON COACHING INC Training Fire 299728 1,796 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 299761 1,789 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 1033212 1,773 MENARDS Operating Supplies Staring Lake 299646 1,750 LHB INC Other Contracted Services Sustainable Eden Prairie 299326 1,736 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 299599 1,724 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 1033246 1,711 HORIZON COMMERCIAL POOL SUPPLY Supplies - Pool Pool Maintenance 299966 1,685 SAMBATEK INC Design & Engineering Wastewater Capital 299589 1,668 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 299898 1,650 ADS ON BOARDS Contract Svcs - Ice Rink Ice Arena Maintenance 299553 1,648 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store 9490 1,626 WEX FSA - Medical Health and Benefits 299563 1,618 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 299661 1,613 PROP Other Contracted Services CDBG - Public Service 299814 1,600 TRAFFIC CONTROL CORPORATION Improvement Contracts Transportation Fund 299862 1,598 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 299461 1,597 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 9453 1,594 FIDELITY SECURITY LIFE INSURANCE CO Vision Plan Health and Benefits 1033223 1,584 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 299645 1,575 LAURENT TIM Instructor Service Pickleball (CC) 299751 1,557 CABIN FEVER SPORTINGS GOODS Operating Supplies Staring Lake 1033289 1,519 CDW GOVERNMENT INC.Operating Supplies IT Operating 299688 1,519 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 299628 1,515 EXTRACTOR CORPORATION Supplies - Pool Pool Maintenance 299952 1,493 NORTHSTAR CONCRETE Contract Svcs - Ice Rink Ice Arena Maintenance 299925 1,476 GREAT LAKES COCA-COLA DISTRIBUTION Merchandise for Resale Concessions 299542 1,456 WM CORPORATE SERVICES INC Waste Disposal Round Lake 299895 1,455 WINEBOW Liquor Product Received Prairie View Liquor Store 1033295 1,448 HORIZON COMMERCIAL POOL SUPPLY Supplies - Pool Pool Maintenance 9444 1,445 WEX FSA - Medical Health and Benefits 299569 1,434 DOMACE VINO Liquor Product Received Den Road Liquor Store 1033210 1,422 LITTLE FALLS MACHINE INC Equipment Parts Fleet Operating 1033244 1,413 GRAINGER Cleaning Supplies Utility Operations - General 299347 1,412 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 299614 1,405 BRUCE METAL WORKS INC Operating Supplies Traffic Signs 299871 1,402 WINEBOW Liquor Product Received Den Road Liquor Store 299323 1,390 YORKTOWN OFFICES Rent 494 Corridor Commission 299987 1,390 YORKTOWN OFFICES Rent 494 Corridor Commission 299811 1,380 THREE RIVERS PARK DISTRICT Other Contracted Services Deer Consultant 299468 1,377 ENERGY SALES INC Supplies - HVAC Police (City Cost) 299749 1,362 BOUND TREE MEDICAL LLC EMS Supplies Fire 1033274 1,346 FASTENAL COMPANY Repair & Maint. Supplies Fleet Operating 299358 1,332 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 299374 1,327 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 299964 1,325 PRECISE MRM LLC Other Contracted Services Snow & Ice Control 299787 1,320 MARCO INC Hardware - R&M Police Sworn 9425 1,304 WEX FSA - Medical Health and Benefits Check #Amount Supplier / Explanation Account Description Business Unit Comments 299806 1,303 STANTEC CONSULTING SERVICES INC OCS - Studies Stormwater Non-Capital 299738 1,300 AMAZING ATHLETES OF CENTRAL MN Instructor Service Preschool Events 299378 1,299 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store 299533 1,298 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 299845 1,293 WINEBOW Liquor Product Received Prairie Village Liquor Store 1033285 1,291 WSB & ASSOCIATES INC Design & Engineering Historical Culture 299734 1,289 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 1033241 1,286 BOYER TRUCKS Equipment Parts Fleet Operating 299336 1,270 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 9454 1,262 WEX FSA - Medical Health and Benefits 299980 1,262 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 299541 1,250 WAYNES HOME SERVICES Window Washing Various Funds 1033281 1,248 ROTO-ROOTER Janitor Service Dunn Brothers 299581 1,231 TRUE BRANDS Liquor Product Received Den Road Liquor Store 299836 1,230 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store 299448 1,224 AT YOUTH PROGRAMS LLC Instructor Service Tennis 299355 1,219 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 299863 1,213 PRYES BREWING COMPANY Liquor Product Received Den Road Liquor Store 299593 1,205 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store 299722 1,204 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 299470 1,200 EXCEL LAWN & LANDSCAPE Contract Svcs - Snow Removal Various Funds 1033215 1,191 PRAIRIE ELECTRIC COMPANY Repair & Maint. Supplies Utility Operations - General 299880 1,172 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 299713 1,160 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 9482 1,159 WEX FSA - Medical Health and Benefits 9486 1,136 WEX FSA - Medical Health and Benefits 1033250 1,133 METRO ELEVATOR INC Contract Svcs - Electrical General Community Center 299855 1,107 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store 299668 1,107 SNAP-ON TOOLS Small Tools Fleet Operating 299493 1,100 LIFE SUPPORT INNOVATIONS Conference/Training Street Maintenance 299940 1,100 LIFE SUPPORT INNOVATIONS Conference/Training Street Maintenance 299544 1,094 NATIONAL MARTIAL ARTS ASSOCIATION, INC Instructor Service Lesson Skills Development 299693 1,091 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store 299572 1,084 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store 9470 1,079 AMERICAN EXPRESS Bank and Service Charges Various Funds 299368 1,074 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 1033220 1,069 TOWMASTER INC Equipment Parts Fleet Operating 1033291 1,063 DREW'S CONCESSIONS LLC Merchandise for Resale Concessions 9424 1,059 WEX FSA - Medical Health and Benefits 1033245 1,059 H M CRAGG CO Contract Svcs - Electrical Fire Station #2 1033268 1,034 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store 1033233 1,032 ANDREWS, JOHN Travel Expense Police Sworn 299939 1,025 LEAST SERVICES COUNSELING Other Contracted Services Police Sworn 299585 1,018 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 299490 1,018 LANO EQUIPMENT INC Equipment Repair & Maint Fleet Operating 299341 1,014 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store 1033226 1,010 VINOCOPIA Liquor Product Received Den Road Liquor Store 299901 1,006 ALTERNATIVE BUSINESS FURNITURE INC Contract Svcs - General Bldg Arts Center 9475 998 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating 1033197 994 BIFFS INC Waste Disposal Park Maintenance 1033230 993 VINOCOPIA Liquor Product Received Prairie View Liquor Store 9469 976 US BANK - CREDIT CARD MERCHANT ONLY Bank and Service Charges Inspections-Administration 1033175 973 BARNHART JEREMY Travel Expense Planning Check #Amount Supplier / Explanation Account Description Business Unit Comments 299575 968 PEQUOD DISTRIBUTION Liquor Product Received Den Road Liquor Store 299958 960 PITNEY BOWES Postage Customer Service 299785 947 LUBE-TECH ESI Lubricants & Additives Fleet Operating 299580 945 SUMMER LAKES BEVERAGE LLC Liquor Product Received Den Road Liquor Store 1033320 938 CONCRETE CUTTING AND CORING Equipment Parts Park Maintenance 9434 926 WEX Other Contracted Services Health and Benefits 1033240 925 SITEONE LANDSCAPE SUPPLY, LLC Equipment Repair & Maint Park Maintenance 299591 922 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 299560 916 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 1033256 910 XCEL ENERGY Electric Various Funds 299678 891 VESSCO INC Repair & Maint. Supplies Water Treatment 1033273 891 CUSTOM HOSE TECH Equipment Parts Fleet Operating 299660 880 PONTEM SOFTWARE Other Contracted Services Eden Prairie Cemetery 9420 879 WEX FSA - Medical Health and Benefits 299745 870 BLOOMINGTON, CITY OF Other Contracted Services Police Sworn 299747 868 BLUEPEARL VETERINARY Other Contracted Services Police Sworn 299549 860 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 299356 854 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store 299642 852 INTREPID NETWORKS LLC Other Contracted Services Police Sworn 1033294 851 GRAINGER Operating Supplies Police (City Cost) 299440 845 ADESA MPLS Miscellaneous DWI Forfeiture 1033321 845 FASTENAL COMPANY Equipment Parts Fleet Operating 299636 844 H & L MESABI Equipment Parts Fleet Operating 1033353 841 WM MUELLER AND SONS INC Patching Asphalt Street Maintenance 299479 840 HENNEPIN COUNTY MEDICAL CENTER Tuition Reimbursement/School Volunteers 299960 839 PLANT & FLANGED EQUIPMENT Repair & Maint. Supplies Miller Park 1033206 839 GRAINGER Repair & Maint. Supplies General Community Center 299602 837 AIRGAS USA LLC Supplies - Pool Pool Maintenance 299894 835 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 299784 833 LEXISNEXIS RISK SOLUTIONS FL INC Other Contracted Services Police Sworn 299904 829 ASSURED SECURITY Building Repair & Maint.Water Treatment 9448 825 ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits 9478 825 ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits 9430 807 WEX FSA - Medical Health and Benefits 299944 807 MHSRC/DDP Other Contracted Services Senior Center Programs 299454 800 CITY OF SAINT PAUL Tuition Reimbursement/School Police Sworn 299384 796 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 299346 787 TRUE BRANDS Liquor Product Received Prairie Village Liquor Store 299737 781 AIRGAS USA LLC Supplies - Pool Pool Maintenance 1033345 780 MENARDS Supplies - General Bldg Police Sworn 299727 775 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store 299838 768 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 299755 766 CINTAS CORPORATION Safety Supplies Community Center Admin 299824 765 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 299605 764 AQUA LOGIC INC Contract Svcs - Pool Pool Maintenance 299574 763 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store 1033282 762 SUMMIT COMPANIES Operating Supplies Fire 299821 759 MINNESOTA MUNICIPAL BEVERAGE ASSOCIATION Conference/Training Prairie View Liquor Store 299844 754 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 299782 750 LEADERSHIP TRANSITIONS INC Conference/Training Community Development Admin. 1033168 750 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 299443 737 AIRGAS USA LLC Supplies - Pool Pool Maintenance 299671 733 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions Check #Amount Supplier / Explanation Account Description Business Unit Comments 1033265 730 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store 1033183 730 FASTENAL COMPANY Safety Supplies Traffic Signs 299603 720 AL'S FAN BALANCING SERVICES LLC Equipment Repair & Maint Water Treatment 299471 719 FIRST ARRIVING, LLC Dues & Subscriptions Facilities Staff 299719 714 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store 1033167 711 VINOCOPIA Liquor Product Received Den Road Liquor Store 1033232 706 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store 299469 700 EPAM ROTARY FOUNDATION Other Contracted Services Sustainable Eden Prairie 1033316 697 VINOCOPIA Liquor Product Received Prairie View Liquor Store 299618 696 CENTURYLINK Internet Various Funds 9467 691 WEX FSA - Medical Health and Benefits 299643 690 ISPACE ENVIRONMENTS Other Contracted Services Community Center Admin 1033262 683 VINOCOPIA Liquor Product Received Den Road Liquor Store 299699 678 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store 299921 678 FIRE SAFETY USA INC Equipment Parts Fleet Operating 1033308 677 WM MUELLER AND SONS INC Patching Asphalt Street Maintenance 299511 672 PRINCIPAL FINANCIAL GROUP Wages and Benefits 494 Corridor Commission 299965 672 PRINCIPAL FINANCIAL GROUP Wages and Benefits 494 Corridor Commission 299682 670 HENNEPIN COUNTY TREASURER Capital Under $25,000 Engineering 9505 669 WEX FSA - Medical Health and Benefits 299839 663 PRYES BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 299731 662 MAVERICK WINE LLC Liquor Product Received Prairie View Liquor Store 9432 660 WEX FSA - Medical Health and Benefits 299382 654 TRUE BRANDS Liquor Product Received Prairie View Liquor Store 9436 650 WEX FSA - Medical Health and Benefits 1033171 648 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 299598 646 SUMMER LAKES BEVERAGE LLC Liquor Product Received Prairie View Liquor Store 299634 641 GREAT LAKES COCA-COLA DISTRIBUTION Merchandise for Resale Concessions 1033314 639 VINOCOPIA Liquor Product Received Den Road Liquor Store 299900 630 AIRGAS USA LLC Supplies - Pool Pool Maintenance 299477 625 HENNEPIN COUNTY FIRE CHIEF ASSOC Dues & Sub-Memberships Fire 9426 624 WEX FSA - Medical Health and Benefits 9429 621 WEX FSA - Medical Health and Benefits 299545 600 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 299491 600 LEADERSHIP TRANSITIONS INC Conference/Training Community Development Admin. 299664 600 REACH Licenses, Taxes, Fees Ice Operations 299483 596 INSTY-PRINTS Printing Fire 1033312 594 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store 9473 582 PMA FINANCIAL NETWORK INC Bank and Service Charges Various Funds 299478 575 HENNEPIN COUNTY LEAD ABATEMENT Other Contracted Services Rehab 9442 570 WEX FSA - Dependent Care Health and Benefits 299573 569 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store 299804 568 SOLUTION BUILDERS Computers 494 Corridor Commission 299568 566 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 1033288 564 ASPEN WASTE SYSTEMS INC.Waste Disposal Utility Operations - General 299873 557 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 1033194 543 THE OASIS GROUP Employee Assistance Organizational Services 299447 540 ASSURED SECURITY Equipment Repair & Maint Water Supply (Wells) 299681 540 WM CORPORATE SERVICES INC Waste Disposal Maintenance Facility 1033305 539 ULINE Office Supplies Police Sworn 299695 534 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 1033177 534 BOUNDLESS NETWORK Operating Supplies Stormwater Non-Capital 299712 525 DOMACE VINO Liquor Product Received Den Road Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 299513 510 PROP - PR Charitable Contributions Health and Benefits 299795 510 PAPER ROLL PRODUCTS Printers -Accessories IT Operating 1033186 509 GREATAMERICA FINANCIAL SVCS Postage Customer Service 299361 507 MEGA BEER Liquor Product Received Den Road Liquor Store 299558 504 SUMMER LAKES BEVERAGE LLC Liquor Product Received Prairie Village Liquor Store 299754 501 CENTURYLINK Internet Various Funds 299822 500 HENNEPIN COUNTY WARRANT OFFICE Deposits General Fund 1033287 498 ASPEN EQUIPMENT CO.Equipment Parts Fleet Operating 299439 497 ACME TOOLS Equipment Repair & Maint Park Maintenance 299861 497 PEQUOD DISTRIBUTION Liquor Product Received Den Road Liquor Store 299530 496 STAPLES ADVANTAGE Office Supplies Customer Service 299503 494 MOTOROLA SOLUTIONS INC Software Maintenance IT Operating 299837 493 PEQUOD DISTRIBUTION Liquor Product Received Prairie Village Liquor Store 299739 488 AMERICAN PRESSURE INC Contract Svcs - General Bldg Maintenance Facility 299697 488 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store 299372 487 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store 299923 482 GEE TEEZ & COMPANY LTD Clothing & Uniforms Special Events Admin 299773 470 HEALTHPARTNERS OCCUPATIONAL MEDICINE Employment Support Test Organizational Services 299517 468 SAFELITE FULFILLMENT INC Equipment Repair & Maint Fleet Operating 299897 463 PETTY CASH-POLICE DEPT Mileage & Parking Police Sworn 1033350 462 TOWMASTER INC Equipment Parts Fleet Operating 299489 459 JOHNSON JUSTIN Tuition Reimbursement/School Organizational Services 299967 450 SCHERER BROTHERS LUMBER CO Building Materials Park Maintenance 299906 449 CARRANE JEFF Travel Expense Fire 299555 445 SMALL LOT MN Liquor Product Received Prairie Village Liquor Store 299577 445 SMALL LOT MN Liquor Product Received Den Road Liquor Store 299595 445 SMALL LOT MN Liquor Product Received Prairie View Liquor Store 299833 441 INVICTUS BREWING CO Liquor Product Received Prairie Village Liquor Store 299498 440 MATTS AUTO SERVICE INC Equipment Repair & Maint Fleet Operating 299502 440 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Traffic Signals 1033191 439 OLSEN CHAIN & CABLE Operating Supplies Miller Park 1033283 436 TESSMAN SEED CO Landscape Materials/Supp Park Maintenance 1033266 421 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 299548 418 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 1033296 418 MENARDS Repair & Maint. Supplies Park Maintenance 299694 417 DOMACE VINO Liquor Product Received Prairie Village Liquor Store 1033277 414 METROPOLITAN FORD Equipment Repair & Maint Fleet Operating 299717 413 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store 299759 412 CROWN TROPHY Miscellaneous Administration 299559 409 UNMAPPED BREWING CO Liquor Product Received Prairie Village Liquor Store 1033187 407 METROPOLITAN FORD Equipment Parts Fleet Operating 9503 406 WEX FSA - Medical Health and Benefits 299825 404 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store 299342 401 PEQUOD DISTRIBUTION Liquor Product Received Prairie Village Liquor Store 9468 399 WEX FSA - Medical Health and Benefits 9483 397 WEX FSA - Medical Health and Benefits 1033163 396 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 299543 393 ZOLL MEDICAL CORPORATION EMS Supplies Fire 1033188 390 MINNESOTA CLAY CO. USA Equipment Parts Arts Center 299917 389 EDEN PRAIRIE CENTER LLC Building Rental CDBG - Public Service 1033348 389 SHERWIN WILLIAMS CO Operating Supplies Maintenance Facility 299367 388 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 1033243 388 ECM PUBLISHERS INC Legal Notices Publishing City Clerk Check #Amount Supplier / Explanation Account Description Business Unit Comments 1033300 386 POMP'S TIRE SERVICE INC Tires Fleet Operating 299510 385 PETERSON COUNSELING AND CONSULTING Other Contracted Services Police Sworn 299934 385 INDIGO SIGNWORKS, INC.Operating Supplies Police Sworn 1033204 384 FACTORY MOTOR PARTS COMPANY Equipment Parts Fleet Operating 1033267 384 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store 1033318 380 BERKBIGLER, RIK Travel Expense Fire 1033323 380 HAYES ERIC D Travel Expense Fire 1033330 380 PARKER, WARD Travel Expense Fire 299741 379 ARCPOINT LABS OF EDEN PRAIRIE Employment Support Test Organizational Services 299888 379 PRYES BREWING COMPANY Liquor Product Received Prairie View Liquor Store 299864 378 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store 1033252 375 NORTH CENTRAL LABORATORIES Laboratory Chemicals Water Treatment 1033332 375 R & R SPECIALTIES OF WISCONSIN INC Contract Svcs - Ice Rink Ice Arena Maintenance 299886 369 PEQUOD DISTRIBUTION Liquor Product Received Prairie View Liquor Store 1033301 369 SHERWIN WILLIAMS CO Operating Supplies Park Maintenance 9422 367 WEX FSA - Medical Health and Benefits 9439 354 WEX FSA - Medical Health and Benefits 299328 353 BLUE CLOUD DISTRIBUTION OF MINNESOTA INC Liquor Product Received Prairie Village Liquor Store 299673 352 TMS JOHNSON Supplies - HVAC City Center - CAM 299764 352 ELECTRIC MOTOR REPAIR INC Repair & Maint. Supplies Park Maintenance 299674 350 TWIN CITY MONUMENT CO Other Contracted Services Pleasant Hill Cemetery 299765 350 EPAM ROTARY FOUNDATION Marketing 494 Corridor Commission 9421 347 WEX FSA - Medical Health and Benefits 1033313 347 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store 299629 345 FIRE SAFETY USA INC Equipment Parts Fleet Operating 299689 344 BLUE CLOUD DISTRIBUTION OF MINNESOTA INC Liquor Product Received Prairie Village Liquor Store 1033298 339 METRO SALES INCORPORATED*Equipment Rentals IT Operating 299401 335 HYNDMAN SHELLEY AR Utility Water Enterprise Fund 1033199 334 CDW GOVERNMENT INC.Operating Supplies IT Operating 299606 334 ARAMARK Janitor Service Den Road Liquor Store 299453 326 CENTURYLINK Telephone IT Operating 299707 323 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store 1033170 320 VINOCOPIA Liquor Product Received Prairie View Liquor Store 299528 319 ST CROIX LINEN LLC Operating Supplies-Linens Fire 299977 319 ST CROIX LINEN LLC Operating Supplies-Linens Fire 299733 319 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store 299779 316 INDELCO PLASTICS CORP Operating Supplies Park Maintenance 299971 315 SSI KEF SLB LLC Electric Maintenance Facility 1033340 312 GRAINGER Cleaning Supplies Park Maintenance 299760 311 DIRECTV Cable TV Community Center Admin 1033264 309 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store 299564 308 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store 299878 307 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store 299475 302 HEALTH STRATEGIES Health & Fitness Fire 299583 302 WINEBOW Liquor Product Received Den Road Liquor Store 9466 302 WEX FSA - Medical Health and Benefits 299854 301 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 9500 297 US BANK - PAYMODE Bank and Service Charges Finance 1033203 297 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits 9499 297 VANCO SERVICES Bank and Service Charges Wastewater Accounting 1033278 295 MPX GROUP, THE Printing Police Sworn 299360 295 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store 299327 288 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 299351 288 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store 299362 286 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store 299798 285 PETERSON JAMES AR Utility Water Enterprise Fund 299582 283 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 299561 281 WINEBOW Liquor Product Received Prairie Village Liquor Store 299781 280 LAKE COUNTRY DOOR LLC Contract Svcs - General Bldg Maintenance Facility 299929 280 HENNEPIN COUNTY CHIEFS OF POLICE Tuition Reimbursement/School Police Sworn 299849 278 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store 299869 277 UNMAPPED BREWING CO Liquor Product Received Den Road Liquor Store 299743 275 ASSURED SECURITY Supplies - General Bldg Fire Station #1 299481 273 HI-LINE INC Repair & Maint. Supplies Fleet Operating 299704 271 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 299424 270 RINGQUIST, JOHN AR Utility Water Enterprise Fund 299518 270 SAMBATEK INC Design & Engineering Wastewater Capital 1033343 270 KIDCREATE STUDIO Other Contracted Services Stormwater Non-Capital 299859 268 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store 1033331 268 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 299763 267 EDEN PRAIRIE ROTARY CLUB Dues & Subscriptions Administration 299383 266 UNMAPPED BREWING CO Liquor Product Received Prairie View Liquor Store 299499 263 MINNEAPOLIS SAW COMPANY INC Operating Supplies Tree Disease 299887 261 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 299893 260 UNMAPPED BREWING CO Liquor Product Received Prairie View Liquor Store 1033239 259 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 9431 258 WEX FSA - Medical Health and Benefits 9419 255 US BANK - PAYMODE Bank and Service Charges Finance 299979 254 STAPLES ADVANTAGE Office Supplies Customer Service 299829 254 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store 299801 254 PROPIO LS LLC Other Contracted Services Police Sworn 299552 252 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store 299677 244 VAN PAPER COMPANY Cleaning Supplies Maintenance Facility 1033189 240 MPX GROUP, THE Printing Fire 299630 239 FLYING CLOUD TRANSFER STATION 4553 Waste Disposal Park Maintenance 299762 237 EDEN PRAIRIE NOON ROTARY CLUB Miscellaneous Housing and Community Service 299916 235 DELTA DENTAL Wages and Benefits 494 Corridor Commission 299641 233 HOME DEPOT CREDIT SERVICES Supplies - Electrical General Community Center 299587 232 BLUE CLOUD DISTRIBUTION OF MINNESOTA INC Liquor Product Received Prairie View Liquor Store 299865 232 SMALL LOT MN Liquor Product Received Den Road Liquor Store 299889 231 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie View Liquor Store 299718 228 OMNI BREWING COMPANY Liquor Product Received Den Road Liquor Store 299339 226 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 299981 225 TIMESAVER OFF SITE SECRETARIAL INC Other Contracted Services City Council 299449 224 BLASTMASTER Other Contracted Services Park Maintenance 9418 224 VANCO SERVICES Bank and Service Charges Various Funds 299386 223 ANDERSON DYLAN AR Utility Water Enterprise Fund 299442 220 AFLAC WORLDWIDE HEADQUARTERS Wages and Benefits 494 Corridor Commission 299714 219 INBOUND BREW CO Liquor Product Received Den Road Liquor Store 299473 218 GYM WORKS Equipment Repair & Maint Fitness Center 299701 217 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie Village Liquor Store 299579 215 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store 299884 215 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store 9494 214 OPTUM HEALTH Other Contracted Services Health and Benefits 1033319 211 BERRY COFFEE COMPANY Merchandise for Resale Concessions 1033164 210 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 299375 209 INVICTUS BREWING CO Liquor Product Received Prairie View Liquor Store 299706 209 BERGMAN LEDGE LLC Liquor Product Received Den Road Liquor Store 299703 208 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store 299959 207 PITNEY BOWES Postage Customer Service 299377 207 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store 299609 204 ASPEN MILLS Clothing & Uniforms Fire 299419 200 PALKERT PHILIP AR Utility Water Enterprise Fund 299604 200 ALTERNATIVE BUSINESS FURNITURE INC Supplies - General Bldg City Hall (City Cost) 299766 200 ESTRINE, ROBERT Other Contracted Services Community Band 299945 200 MIANO JESSICA Other Contracted Services Arts 299621 199 COMCAST Phone/Data/Web 494 Corridor Commission 299333 198 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store 299586 198 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store 299771 196 HEALTH STRATEGIES Health & Fitness Fire 299625 195 DEALER AUTOMOTIVE SERVICES INC Equipment Repair & Maint Fleet Operating 299753 195 CATALYST GRAPHICS INC Advertising Wine Club/Events 299535 194 TIMESAVER OFF SITE SECRETARIAL INC Other Contracted Services City Council 1033307 192 WATSON CO INC, THE Merchandise for Resale Concessions 299902 191 ARAMARK Janitor Service Den Road Liquor Store 299457 190 COMMUNITY HEALTH CHARITIES OF MINNESOTA Charitable Contributions Health and Benefits 299622 190 COMCAST Internet IT Operating 299434 190 WIGERSMA SAM AR Utility Water Enterprise Fund 299962 190 PRAIRIE LAWN AND GARDEN Repair & Maint. Supplies Utility Operations - General 1033269 189 ABRAMOVICH GENNADIY Clothing & Uniforms Police Sworn 1033231 187 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store 299654 186 MR CUTTING EDGE Contract Svcs - Ice Rink Ice Arena Maintenance 9440 183 OPTUM HEALTH Other Contracted Services Health and Benefits 299486 183 I-STATE TRUCK CENTER Equipment Parts Fleet Operating 299340 180 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 1033227 178 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 299736 178 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store 299868 174 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store 9493 173 OPTUM HEALTH Accounts Receivable Health and Benefits 299872 170 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 299444 170 ARAMARK Janitor Service Prairie View Liquor Store 299740 170 ARAMARK Janitor Service Prairie View Liquor Store 1033317 169 ALBERS, JASON Travel Expense Fire 1033324 167 JOHNSTON, ROB Travel Expense Police Sworn 299436 164 ZDRAHALA IVANKA AR Utility Water Enterprise Fund 299349 164 AM CRAFT SPIRITS SALES & MARKETING Liquor Product Received Den Road Liquor Store 299912 162 COMCAST Cable TV Fire 299835 162 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 1033261 162 PARLEY LAKE WINERY Liquor Product Received Prairie Village Liquor Store 1033173 162 ADAMS PEST CONTROL INC Maintenance Contracts Utility Operations - General 9504 162 WEX FSA - Medical Health and Benefits 299458 162 CUB FOODS EDEN PRAIRIE Training Supplies Police Sworn 299670 162 STAPLES ADVANTAGE Office Supplies Customer Service 299843 160 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store 1033234 159 HAAK LORI Mileage & Parking Stormwater Non-Capital 299334 159 DOMACE VINO Liquor Product Received Prairie Village Liquor Store 299562 159 56 BREWING LLC Liquor Product Received Den Road Liquor Store 299672 159 TIMESAVER OFF SITE SECRETARIAL INC Other Contracted Services City Council 299410 157 LOPEZ YOALZIN AR Utility Water Enterprise Fund Check #Amount Supplier / Explanation Account Description Business Unit Comments 299820 155 SCHLOSSMACHER, JIM Mileage & Parking Police Sworn 299381 154 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store 299631 151 FORD SUZAN Repair & Maint. Supplies Community Band 299882 151 INVICTUS BREWING CO Liquor Product Received Prairie View Liquor Store 1033255 150 USA SECURITY Maintenance Contracts Water Treatment 299842 149 STARRY EYED BREWING LLC Liquor Product Received Prairie Village Liquor Store 299969 148 SHRED RIGHT Waste Disposal Fire Station #1 1033179 147 CARLSTON, BRANDON Canine Supplies Police Sworn 299850 145 BLUE CLOUD DISTRIBUTION OF MINNESOTA INC Liquor Product Received Den Road Liquor Store 1033292 144 ECM PUBLISHERS INC Legal Notices Publishing City Clerk 1033302 144 STREICHERS Clothing & Uniforms Police Sworn 1033216 142 SHI CORP Licenses, Taxes, Fees Recreation Admin 1033339 140 ECM PUBLISHERS INC Legal Notices Publishing City Clerk 299881 139 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store 1033260 139 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store 299373 138 ELM CREEK BREWING COMPANY Liquor Product Received Prairie View Liquor Store 299597 138 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store 299730 138 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store 1033315 137 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store 1033251 137 MINNESOTA EQUIPMENT Equipment Parts Fleet Operating 299676 137 UNIVERSAL ATHLETIC SERVICES INC Awards Touch Football 299789 137 MINDER TOM AR Utility Water Enterprise Fund 299345 136 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store 299909 135 CENTURYLINK Internet IT Operating 299832 134 INBOUND BREW CO Liquor Product Received Prairie Village Liquor Store 299978 134 STANTEC CONSULTING SERVICES INC Other Contracted Services Stormwater Non-Capital 299389 133 CHRISTIANSON MARK AR Utility Water Enterprise Fund 299807 132 STAPLES ADVANTAGE Operating Supplies Housing and Community Service 299348 131 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 1033275 130 GORDHAMER SCOTT Clothing & Uniforms Police Sworn 299976 128 SSI KEF SLB LLC Electric City Center - CAM 299445 128 ASPEN MILLS Clothing & Uniforms Fire 299946 128 MINNESOTA DEPT OF HEALTH Conference/Training Utility Operations - General 299335 126 HEADFLYER BREWING Liquor Product Received Prairie Village Liquor Store 299357 126 HEADFLYER BREWING Liquor Product Received Den Road Liquor Store 299830 126 HEADFLYER BREWING Liquor Product Received Prairie Village Liquor Store 299856 126 HEADFLYER BREWING Liquor Product Received Den Road Liquor Store 299879 126 HEADFLYER BREWING Liquor Product Received Prairie View Liquor Store 299896 125 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 299534 125 TICKNOR LORI Tuition Reimbursement/School Fitness Classes 299892 125 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store 1033195 125 TINGLEY NICOLE Travel Expense City Clerk 1033352 124 WATSON CO INC, THE Merchandise for Resale Concessions 1033192 123 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 299525 123 SHULTS TATYANA Tuition Reimbursement/School Fitness Classes 1033311 120 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store 299325 120 AM CRAFT SPIRITS SALES & MARKETING Liquor Product Received Prairie Village Liquor Store 299655 120 MUEHLBAUER, THOMAS G Other Contracted Services Community Band 299942 120 MARIE RIDGEWAY LICSW LLC Other Contracted Services Police Sworn 1033166 120 PARLEY LAKE WINERY Liquor Product Received Prairie Village Liquor Store 1033169 120 PARLEY LAKE WINERY Liquor Product Received Den Road Liquor Store 1033172 120 PARLEY LAKE WINERY Liquor Product Received Prairie View Liquor Store 1033190 120 NAUMANN, ANDREW Clothing & Uniforms Police Sworn Check #Amount Supplier / Explanation Account Description Business Unit Comments 299366 119 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store 299651 118 MINNESOTA EQUIPMENT Equipment Parts Fleet Operating 299911 118 COMCAST Cable TV Fire 1033198 117 CAWLEY COMPANY, THE Operating Supplies Sustainable Eden Prairie 299846 117 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 299732 116 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store 1033224 115 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store 1033174 114 ALBERT, MICHAEL Mileage & Parking Utility Operations - General 1033284 112 TOLL GAS AND WELDING SUPPLY Repair & Maint. Supplies Utility Operations - General 299420 112 PAVELKA SANDY AR Utility Water Enterprise Fund 299698 111 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 1033229 111 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store 1033259 110 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 299922 108 FREEZIAC Merchandise for Resale Concessions 1033202 108 ECM PUBLISHERS INC Legal Notices Publishing City Clerk 299459 107 DAVIS AARON Conference/Training Fire 299823 106 56 BREWING LLC Liquor Product Received Prairie Village Liquor Store 299847 106 56 BREWING LLC Liquor Product Received Den Road Liquor Store 299425 105 SEELIG CONNIE AR Utility Water Enterprise Fund 1033176 105 BORG, STEVE Travel Expense Utility Operations - General 1033180 105 DALBEC, CORY Travel Expense Utility Operations - General 1033254 104 SPRINT Cell Phones 494 Corridor Commission 299867 104 STARRY EYED BREWING LLC Liquor Product Received Den Road Liquor Store 299885 104 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store 1033326 103 LEONARD, MICHELLE Outreach Mileage/Parking 494 Corridor Commission 299757 103 COMCAST Cable TV Fire 1033218 101 STERICYCLE INC Other Contracted Services Police Sworn 299409 101 LAUFMANN ERIC AR Utility Water Enterprise Fund 299540 100 WARRICK, ROBERT AR Utility Water Enterprise Fund 1033184 100 GENERAL PARTS LLC Supplies - General Bldg Garden Room Repairs 299619 100 CINTAS CORPORATION #470 Operating Supplies Park Maintenance 1033279 99 PROSOURCE SUPPLY Cleaning Supplies General Community Center 299435 97 WILSON ANDREW AR Utility Water Enterprise Fund 1033181 97 EICHMAN NATHAN Canine Supplies Police Sworn 299429 95 STEVENS, DEBBIE AR Utility Water Enterprise Fund 299938 95 LANO EQUIPMENT INC Equipment Parts Fleet Operating 299680 93 VINKEMEIER, JEFF Mileage & Parking Park Maintenance 299620 93 COMCAST Internet IT Operating 1033165 91 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store 1033228 91 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store 299800 90 PLEAA Tuition Reimbursement/School Police Sworn 299388 89 BEUTZ DANIEL AR Utility Water Enterprise Fund 299903 89 ARPIN, TONYA Tuition Reimbursement/School Fitness Classes 299792 88 MSC INDUSTRIAL SUPPLY CO INC Repair & Maint. Supplies Water Treatment 299331 88 BUCH Liquor Product Received Prairie Village Liquor Store 299416 88 OLSON ROGER AR Utility Water Enterprise Fund 299716 88 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store 9455 87 WEX FSA - Medical Health and Benefits 299988 87 ZELENAK OWEN Conference/Training Utility Operations - General 299973 86 SSI KEF SLB LLC Electric Maintenance Facility 1033182 86 ENGELEN KELSEY Mileage & Parking Administration 299652 84 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 299485 84 IRMITER REGAN Mileage & Parking Skating Rinks/Warming Houses Check #Amount Supplier / Explanation Account Description Business Unit Comments 299774 82 HILL ALYSHA Mileage & Parking Arts Center 299397 82 HANSEN CARYL AR Utility Water Enterprise Fund 1033325 82 KAPAUN, RYAN Mileage & Parking Fleet Operating 299408 82 LARSON RUTH AR Utility Water Enterprise Fund 9492 82 WEX FSA - Medical Health and Benefits 299404 81 KALENDA KRIS AR Utility Water Enterprise Fund 299430 80 STONE CHARLES AR Utility Water Enterprise Fund 299808 80 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 299951 80 NORTHERN BRANDS INC Operating Supplies Volunteers 299685 78 HENNEPIN COUNTY WARRANT OFFICE Deposits General Fund 299400 77 HEPNER ABURIME MARGARET AR Utility Water Enterprise Fund 1033280 75 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 299412 73 MARKANDU EDWARD AR Utility Water Enterprise Fund 299933 72 IEDITWEB INC Licenses, Taxes, Fees Garden Room Repairs 1033238 71 MUNOZ, MEGAN Mileage & Parking Fitness Admin. 9445 71 PAYCHEX Payroll Admin. Fees 494 Corridor Commission 9487 71 PAYCHEX Payroll Admin. Fees 494 Corridor Commission 299557 70 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store 299462 70 EASTLUND SCOTT Conference/Training Volleyball 9496 68 MONEY MOVERS INC Other Contracted Services Community Center Admin 9501 67 WEX FSA - Medical Health and Benefits 299949 67 MR CUTTING EDGE Contract Svcs - Ice Rink Ice Arena Maintenance 299405 66 KELLER STEPHANIE AR Utility Water Enterprise Fund 299799 66 PILGRIM DRY CLEANERS INC Clothing & Uniforms Police Sworn 299391 66 CRUMP, ELLEN AR Utility Water Enterprise Fund 1033271 66 BOHNSACK, SUE Mileage & Parking Senior Center Admin 9472 65 WEX FSA - Medical Health and Benefits 299495 65 LULU HATEM AR Utility Water Enterprise Fund 299515 65 RELATE COUNSELING CENTER Other Contracted Services Police Sworn 299657 63 PAPCO INC Cleaning Supplies Fire Station #1 299623 62 COMCAST Cable TV Fire 9443 62 WEX FSA - Medical Health and Benefits 1033258 61 BARNHART JEREMY Travel Expense Planning 1033237 60 MPX GROUP, THE Printing Police Sworn 1033276 60 GUNNAR ELECTRIC CO INC Other Contracted Services Snow & Ice Control 299742 60 ASPEN MILLS Clothing & Uniforms Fire 299432 60 VOSS-GRUMISH JAMES AR Utility Water Enterprise Fund 299501 59 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 9446 59 WEX FSA - Medical Health and Benefits 299874 58 BLUE CLOUD DISTRIBUTION OF MINNESOTA INC Liquor Product Received Prairie View Liquor Store 299426 58 SMITH EVA AR Utility Water Enterprise Fund 299421 58 PIDGEON DAVID AR Utility Water Enterprise Fund 299393 55 DORGAN CLINT AR Utility Water Enterprise Fund 299394 55 DORSCHEID JOSEPH AR Utility Water Enterprise Fund 299522 53 SEELING, LYNN A Other Contracted Services Winter Theatre 299584 53 56 BREWING LLC Liquor Product Received Prairie View Liquor Store 299456 52 COMCAST Cable TV Fire 299406 52 KISIELIUS MARIA AR Utility Water Enterprise Fund 299910 50 COMCAST Internet IT Operating 299398 50 HARRIS JOHANNA AR Utility Water Enterprise Fund 299687 50 CARVER COUNTY SHERIFF'S DEPT.Deposits General Fund 299777 50 HOFFMAN MARK Other Contracted Services Assessing 299791 50 MOQUIST, LYNDON Other Contracted Services Assessing Check #Amount Supplier / Explanation Account Description Business Unit Comments 299809 50 TESSMANN, STEVE Other Contracted Services Assessing 299810 50 THOMPSON, NATE Other Contracted Services Assessing 299818 50 WERDAL SCOTT Other Contracted Services Assessing 9437 49 WEX FSA - Medical Health and Benefits 1033328 49 MEREDITH KATE Outreach Mileage/Parking 494 Corridor Commission 299610 49 ASSURED SECURITY Supplies - General Bldg City Center - CAM 299840 48 SHAKOPEE BREWHALL Liquor Product Received Prairie Village Liquor Store 299890 48 SHAKOPEE BREWHALL Liquor Product Received Prairie View Liquor Store 299780 47 JOHNSTONE SUPPLY Supplies - HVAC Dunn Brothers 299537 45 VERMONT SYSTEMS, INC Software Recreation Admin 299337 43 INVICTUS BREWING CO Liquor Product Received Prairie Village Liquor Store 299956 42 PETRY ELIZABETH P&R Refunds Community Center Admin 299413 42 MUNDT DAVID AR Utility Water Enterprise Fund 299392 41 DEEMS SARAH AR Utility Water Enterprise Fund 299441 41 AFLAC INC Wages and Benefits 494 Corridor Commission 299899 41 AFLAC INC Wages and Benefits 494 Corridor Commission 299640 41 HENNEPIN COUNTY TREASURER Waste Disposal Park Maintenance 299433 41 WEIDNER JOEY AR Utility Water Enterprise Fund 299414 41 MURPHY DANIEL AR Utility Water Enterprise Fund 299793 40 MUEHLBAUER, THOMAS G Other Contracted Services Community Band 1033185 40 GOERGEN, MARIE Tuition Reimbursement/School Fitness Classes 299422 37 POTTINGER DON AR Utility Water Enterprise Fund 1033306 37 UPS Postage Police Sworn 299431 37 TOATLEY ROBERT AR Utility Water Enterprise Fund 1033193 36 ROCKEY, JOSH Mileage & Parking Senior Center Admin 299624 36 DALCO Supplies - General Bldg City Center - CAM 299950 36 MULTIHOUSING CREDIT CONTROL Other Contracted Services Police Sworn 299790 35 MINNESOTA AIR INC Supplies - HVAC Cummins Grill House 299637 34 HEALTH STRATEGIES Health & Fitness Fire 299411 34 MADSEN ALEXIS AR Utility Water Enterprise Fund 299961 32 POWELL JAY P&R Refunds Community Center Admin 299494 32 LINDQUIST JOE Mileage & Parking Skating Rinks/Warming Houses 299407 31 KOJETIN TIMOTHY AR Utility Water Enterprise Fund 299550 31 INVICTUS BREWING CO Liquor Product Received Prairie Village Liquor Store 299915 30 DALCO Janitor Service Police (City Cost) 299954 30 OBRIEN MARYAM AR Utility Water Enterprise Fund 299526 30 SNAP-ON TOOLS Small Tools Fleet Operating 299415 29 OKUBO BRYAN AR Utility Water Enterprise Fund 299464 29 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits 299465 29 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits 299466 29 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits 1033235 29 MCCALLEY, JAMIE Clothing & Uniforms Fitness Admin. 9457 29 PAYA Bank and Service Charges Winter Theatre 299418 28 OSWALD JOHN AR Utility Water Enterprise Fund 9502 28 WEX FSA - Medical Health and Benefits 299385 26 DISTINCTIVE DESIGN BUILD LLC AR Utility Water Enterprise Fund 1033342 26 JANEX INC Cleaning Supplies General Community Center 1033322 26 GLYNN JULIETTE Operating Supplies Police Sworn 299324 25 DOLAN ROBERT Deposits General Fund 1033336 24 BOBBY & STEVE'S AUTO WORLD EDEN PRAIRIE Equipment Repair & Maint Police Sworn 299463 24 EDEN PRAIRIE CRIME PREVENTION FUND Charitable Contributions Health and Benefits 299524 24 SHANNON ELIZABETH P&R Refunds Community Center Admin 9433 24 WEX FSA - Medical Health and Benefits Check #Amount Supplier / Explanation Account Description Business Unit Comments 299399 23 HENDRICKSON DAVID AR Utility Water Enterprise Fund 299455 23 COMCAST Other Contracted Services Police Sworn 299955 21 OTHRAM INC Other Contracted Services Police Sworn 299423 21 PROPERTY JANDA AR Utility Water Enterprise Fund 299531 21 STATE OF MINNESOTA Miscellaneous DWI Forfeiture 299927 21 GROTH MUSIC Operating Supplies Community Band 1033236 20 METROPOLITAN FORD Equipment Parts Fleet Operating 1033333 20 SPOK, INC.Cell/Pager Plans IT Operating 9441 20 WEX FSA - Medical Health and Benefits 9489 20 WEX FSA - Medical Health and Benefits 299802 19 SNAP-ON TOOLS Small Tools Fleet Operating 299656 18 NORTH NANCY Clothing & Uniforms Fitness Admin. 9458 18 WEX FSA - Medical Health and Benefits 299390 18 CROSLEY WILLIAM AR Utility Water Enterprise Fund 299667 18 SHRED RIGHT Waste Disposal General Community Center 299488 17 J H LARSON COMPANY Operating Supplies Park Maintenance 299635 17 GROTH MUSIC Operating Supplies Community Band 299395 17 FELDKAMP ROBERT AR Utility Water Enterprise Fund 299402 17 JAGODZINSKI SCOTT AR Utility Water Enterprise Fund 299505 16 NCPERS GROUP LIFE INSURANCE PERA Health and Benefits 299649 16 MESHBESHER, MARLEE Clothing & Uniforms Fitness Admin. 299396 15 GULLAKSEN JOHN AR Utility Water Enterprise Fund 299947 15 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Creek Woods 9435 14 WEX FSA - Medical Health and Benefits 299428 13 STEIN, THOMAS AR Utility Water Enterprise Fund 1033329 13 NELSON, ROBIN Outreach Mileage/Parking 494 Corridor Commission 299437 13 ZELLAR JONATHAN AR Utility Water Enterprise Fund 1033327 12 MADISON, MELISSA Outreach Mileage/Parking 494 Corridor Commission 9471 12 NCR PAYMENT SOLUTIONS,PA, LLC Bank and Service Charges Liquor Store Delivery 1033270 12 BICKLER, JILL Clothing & Uniforms Fitness Admin. 299427 12 STAR MANAGEMENT LLC AR Utility Water Enterprise Fund 299387 10 BARNES, RICHARD AR Utility Water Enterprise Fund 1033221 8 UPS Postage Street Maintenance 299750 8 BRONS, KERRY Clothing & Uniforms Fitness Admin. 299812 8 TICKNOR LORI Clothing & Uniforms Fitness Admin. 9491 7 WEX FSA - Medical Health and Benefits 299756 7 COFFEE CAITLIN Clothing & Uniforms Fitness Admin. 299438 6 ZWAK JENNA AR Utility Water Enterprise Fund 299403 6 JMS CUSTOM HOMES LLC AR Utility Water Enterprise Fund 299935 6 JERRY'S ENTERPRISES INC Operating Supplies Fleet Operating 299417 6 OPEN DOOR LABS INC AR Utility Water Enterprise Fund 299532 5 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 299776 4 HOANG ALISA Clothing & Uniforms Fitness Admin. 299758 4 COMCAST Other Contracted Services Police Sworn 299908 1 CEF EP COMMUNITY SOLAR LLC Electric Facilities Operating ISF 5,856,611 Grand Total City of Eden Prairie Purchasing Card Payment Report 5/2/2023 Amount Account Description Business Unit 4,093 Other Contracted Services Wine Club/Events 3,419 Building Surcharge General Fund 3,240 Tuition Reimbursement/School Police Sworn 2,950 Conference/Training Facilities Staff 2,178 Health & Fitness Fire 1,868 Capital Under $25,000 Ice Lessons 1,298 Dues & Sub-Memberships Athletic Programs Admin 1,245 Video & Photo Supplies Fire 1,169 Other Contracted Services Opioid Settlement 1,118 Conference/Training IT Operating 1,099 Conference/Training IT Operating 1,099 Conference/Training IT Operating 1,041 Travel Expense Youth Programs Admin 1,000 Conference/Training Tree Disease 991 Miscellaneous DWI Forfeiture 940 Conference/Training Planning 938 Capital Under $25,000 Facilities Staff 849 Repair & Maint. Supplies Wastewater Lift Station 848 Computers IT Operating 753 Bank and Service Charges Prairie View Liquor Store 750 Tuition Reimbursement/School Police Sworn 750 Office Supplies Police Sworn 701 Computers IT Operating 675 Employee Award Organizational Services 674 Dues & Sub-Memberships Assessing 640 Conference/Training City Council 625 Conference/Training Human Resources 595 Dues & Sub-Memberships Finance 578 Licenses, Taxes, Fees Fitness Classes 547 Equipment Repair & Maint Park Maintenance 546 Conference/Training Street Maintenance 525 Conference/Training Administration 521 Repair & Maint. Supplies Ice Arena Maintenance 483 Repair & Maint. Supplies Utility Operations - General 480 Dues & Sub-Memberships Communications 480 Operating Supplies Pool Operations 479 Merchandise for Resale Concessions 450 Conference/Training Tree Disease 420 Clothing & Uniforms Fitness Admin. Amount Account Description Business Unit 406 Operating Supplies Fire 405 Conference/Training Street Maintenance 405 Health & Fitness Fire 404 Operating Supplies Fire 400 Operating Supplies Wine Club/Events 400 Dues & Sub-Memberships Housing and Community Service 400 Dues & Sub-Memberships Housing and Community Service 391 Equipment Repair & Maint Fleet Operating 379 Small Tools Traffic Signals 375 Conference/Training Human Resources 367 Conference/Training Parks Administration 365 Repair & Maint. Supplies Water Treatment 359 Operating Supplies Fitness Admin. 359 Tuition Reimbursement/School Police Sworn 355 Clothing & Uniforms Police Sworn 350 Conference/Training Planning 349 Dues & Sub-Memberships Engineering 344 Operating Supplies Police Sworn 330 Licenses, Taxes, Fees Pool Lessons 308 Cleaning Supplies Utility Operations - General 300 Other Contracted Services Internal Events 300 Conference/Training Utility Operations - General 300 Conference/Training Utility Operations - General 300 Tuition Reimbursement/School Police Sworn 300 Tuition Reimbursement/School Police Sworn 300 Other Contracted Services Liquor Store Delivery 295 Operating Supplies Fire 294 Licenses, Taxes, Fees Pool Lessons 280 Licenses, Taxes, Fees Pool Lessons 280 Operating Supplies Riley Lake Beach 275 Employee Award Organizational Services 275 Conference/Training Utility Operations - General 275 Conference/Training Utility Operations - General 275 Conference/Training Utility Operations - General 275 Conference/Training Utility Operations - General 272 Operating Supplies Street Maintenance 263 Miscellaneous City Council 260 Training Fire 258 Lubricants & Additives Fleet Operating 255 Operating Supplies Fire 255 Conference/Training Utility Operations - General 250 Process Control Equipment IT Operating 246 Repair & Maint. Supplies Park Maintenance Amount Account Description Business Unit 225 Printing Community Brochure 216 Operating Supplies Ice Lessons 215 Merchandise for Resale Concessions 210 Employee Award Organizational Services 209 Operating Supplies Arts Center 202 Merchandise for Resale Concessions 202 Training Supplies Police Sworn 200 Miscellaneous Volunteers 200 Dues & Sub-Memberships Fire 200 Dues & Sub-Memberships Fire 200 Repair & Maint. Supplies City Center - CAM 200 Special Event Fees Volleyball 199 Operating Supplies Volunteers 198 Licenses, Taxes, Fees Pool Lessons 193 Building Materials Street Maintenance 190 Conference/Training Park Maintenance 190 Merchandise for Resale Arts Center 183 Miscellaneous City Council 179 Operating Supplies Softball 176 Repair & Maint. Supplies General Community Center 175 Conference/Training Park Maintenance 169 Operating Supplies Day Care 168 Advertising Theatre Initiative 160 Repair & Maint. Supplies Fleet Operating 159 Merchandise for Resale Concessions 159 Operating Supplies New Adaptive 153 Operating Supplies Street Maintenance 150 Tuition Reimbursement/School Police Sworn 148 Operating Supplies Fire 145 Repair & Maint. Supplies General Community Center 144 Conference/Training Fitness Classes 141 Bank and Service Charges Winter Theatre 140 Operating Supplies Fire 140 Licenses, Taxes, Fees Park Maintenance 140 Training Supplies Police Sworn 139 Operating Supplies Police Sworn 135 Operating Supplies Ice Operations 129 Operating Supplies Basketball 127 Deposits General Fund 126 Tuition Reimbursement/School Police Sworn 126 Computers IT Operating 125 Operating Supplies Pool Special Events 125 Miscellaneous DWI Forfeiture Amount Account Description Business Unit 125 Conference/Training Senior Center Admin 123 Operating Supplies Police Sworn 123 Equipment Repair & Maint Pool Operations 120 Other Contracted Services Liquor Store Delivery 120 Training Supplies Fire 120 Repair & Maint. Supplies Police (City Cost) 120 Equipment Repair & Maint Pool Operations 116 Equipment Parts Fleet Operating 113 Dues & Sub-Memberships Recreation Admin 109 Training Supplies Police Sworn 109 Conference/Training Athletic Programs Admin 108 Licenses, Taxes, Fees Pool Lessons 106 Operating Supplies Community Center Admin 105 Clothing & Uniforms Utility Operations - General 104 Special Event Fees Senior Center Programs 104 Merchandise for Resale Senior Board 102 Deposits General Fund 100 Advertising Arts 100 Dues & Sub-Memberships Fire 100 Licenses, Taxes, Fees Fitness Classes 100 Licenses, Taxes, Fees Facilities Staff 100 Clothing & Uniforms Street Maintenance 99 Conference/Training Day Care 96 Equipment Parts Street Maintenance 95 Training Supplies Fire 95 Deposits General Fund 95 Operating Supplies Arts Center 93 Clothing & Uniforms Police Sworn 86 Capital Under $25,000 Public Safety Communications 85 Operating Supplies Arts Center 84 Licenses, Taxes, Fees Pool Lessons 84 Licenses, Taxes, Fees Pool Lessons 82 Training Supplies Police Sworn 82 Operating Supplies Arts Center 81 Software/Hardware Maint.Fire 79 Deposits General Fund 76 Operating Supplies IT Operating 76 Operating Supplies Fire 75 Operating Supplies Outdoor Center 75 Deposits General Fund 75 Conference/Training Park Maintenance 75 Equipment Parts Fleet Operating 75 Tuition Reimbursement/School Police Sworn Amount Account Description Business Unit 75 Tuition Reimbursement/School Police Sworn 74 Operating Supplies Arts Center 74 Operating Supplies Arts Center 74 Operating Supplies Police Sworn 73 Deposits General Fund 70 Dues & Sub-Memberships Finance 70 Dues & Sub-Memberships Finance 70 Operating Supplies Pool Operations 68 Operating Supplies Police Sworn 68 Operating Supplies Arts Center 66 Deposits General Fund 64 Deposits General Fund 63 Operating Supplies Pool Operations 63 Employment Support Test Organizational Services 62 Dues & Sub-Memberships Community Development Admin. 62 Operating Supplies Ice Operations 61 Operating Supplies Day Care 60 Operating Supplies Park Maintenance 59 Operating Supplies Day Care 58 Operating Supplies Police Sworn 57 Deposits General Fund 56 Operating Supplies Community Center Admin 56 Training Supplies Police Sworn 55 Computers IT Operating 55 Deposits General Fund 55 Office Supplies Arts Center 55 Advertising Special Events Admin 55 Conference/Training Utility Operations - General 55 Conference/Training Utility Operations - General 54 Special Event Fees Senior Center Programs 54 Repair & Maint. Supplies Pool Maintenance 53 Operating Supplies Fire 52 Special Event Fees Senior Center Programs 51 Operating Supplies Police Sworn 50 Advertising Arts Center 50 Operating Supplies Ice Operations 50 Conference/Training Utility Operations - General 50 Employee Award Organizational Services 50 Repair & Maint. Supplies Utility Operations - General 50 Operating Supplies Staring Lake Concert 49 Office Supplies Utility Operations - General 49 Operating Supplies Pool Operations 48 Conference/Training Planning Amount Account Description Business Unit 48 Operating Supplies Youth Programs Admin 47 Operating Supplies Police Sworn 47 Operating Supplies Arts Center 47 Operating Supplies Fire 46 Operating Supplies Arts Center 46 Operating Supplies Arts Center 43 Special Event Fees Trips 43 Licenses, Taxes, Fees Park Maintenance 42 Training Supplies Police Sworn 41 Operating Supplies Arts Center 41 Training Supplies Police Sworn 40 Dues & Sub-Memberships Fire 40 Operating Supplies New Adaptive 40 Operating Supplies Police Sworn 38 Operating Supplies Community Center Admin 37 Operating Supplies Housing and Community Service 36 Miscellaneous IT Operating 36 Miscellaneous IT Operating 36 Operating Supplies Arts Center 36 Repair & Maint. Supplies Ice Arena Maintenance 35 Operating Supplies Arts Center 35 Equipment Repair & Maint Public Safety Communications 35 Conference/Training Human Resources 35 Dues & Sub-Memberships Police Sworn 35 Dues & Sub-Memberships Police Sworn 35 Dues & Sub-Memberships Police Sworn 34 Operating Supplies Senior Center Programs 33 Miscellaneous IT Operating 32 Merchandise for Resale Concessions 32 Operating Supplies Arts Center 31 Operating Supplies Outdoor Center 31 Operating Supplies Pool Operations 31 Office Supplies Arts Center 31 Operating Supplies Fleet Operating 30 Conference/Training Utility Operations - General 28 Computers IT Operating 28 Operating Supplies Fleet Operating 28 Operating Supplies Outdoor Center 28 Operating Supplies Pool Special Events 28 Operating Supplies Arts Center 28 Small Tools Fleet Operating 28 Conference/Training Utility Operations - General 27 Computers IT Operating Amount Account Description Business Unit 26 Computers IT Operating 26 Operating Supplies Community Center Admin 26 Operating Supplies Arts Center 26 Office Supplies Arts Center 25 Training Fire 25 Dues & Sub-Memberships Fire 25 Operating Supplies Youth Programs Admin 24 Operating Supplies Pool Operations 24 Operating Supplies Street Maintenance 23 Office Supplies Utility Operations - General 23 Operating Supplies Outdoor Center 23 Operating Supplies Arts Center 22 Safety Supplies Arts Center 22 Operating Supplies Arts Center 22 Operating Supplies Senior Center Admin 22 Repair & Maint. Supplies Utility Operations - General 21 Operating Supplies Senior Center Programs 21 Repair & Maint. Supplies Water Treatment 21 Miscellaneous Arts Center 21 Dues & Sub-Memberships Fire 20 Advertising Theatre Initiative 20 Conference/Training Human Resources 20 Operating Supplies Senior Center Programs 19 Operating Supplies Police Sworn 19 Operating Supplies Youth Programs Admin 18 Operating Supplies Summer Theatre 18 Operating Supplies Fire 18 Operating Supplies Theatre Initiative 18 Operating Supplies New Adaptive 18 Equipment Repair & Maint Park Maintenance 18 Operating Supplies Arts Center 18 Small Tools Facilities Staff 17 Operating Supplies Fitness Center 17 Other Contracted Services Organizational Services 17 Operating Supplies Police Sworn 17 Office Supplies Utility Operations - General 17 Office Supplies Police Sworn 17 Dues & Sub-Memberships Police Sworn 17 Repair & Maint. Supplies General Community Center 17 Advertising Arts in the Park 16 Conference/Training Economic Development 16 Miscellaneous Administration 16 Operating Supplies Arts Center Amount Account Description Business Unit 16 Bank and Service Charges Customer Service 15 Operating Supplies Summer Theatre 15 Dues & Sub-Memberships Communications 15 Operating Supplies IT Operating 15 Operating Supplies Pool Special Events 15 Operating Supplies Aquatics Admin. 15 Operating Supplies Arts Center 15 Operating Supplies Arts Center 14 Operating Supplies Volunteers 14 Office Supplies Arts Center 14 Operating Supplies Skating Rinks/Warming Houses 14 Office Supplies Police Sworn 13 Operating Supplies Senior Center Admin 13 Training Supplies Fire 13 Operating Supplies Outdoor Center 12 Operating Supplies Arts Center 12 Operating Supplies Police Sworn 12 Operating Supplies Prairie View Liquor Store 12 Repair & Maint. Supplies Utility Operations - General 12 Special Event Fees Trips 11 Operating Supplies Arts Center 11 Operating Supplies Pool Operations 11 Operating Supplies Senior Center Admin 11 Operating Supplies Pool Operations 11 Operating Supplies IT Operating 11 Operating Supplies Finance 11 Operating Supplies Pool Operations 10 Conference/Training Street Maintenance 10 Operating Supplies Pool Special Events 10 Repair & Maint. Supplies Ice Arena Maintenance 10 Operating Supplies Basketball 10 Operating Supplies Softball 10 Equipment Repair & Maint Public Safety Communications 10 Repair & Maint. Supplies Water Treatment 9 Operating Supplies Staring Lake Concert 9 Operating Supplies New Adaptive 9 Operating Supplies Arts Center 9 Operating Supplies IT Operating 9 Operating Supplies Arts Center 9 Operating Supplies Fitness Classes 9 Operating Supplies IT Operating 8 Operating Supplies Arts Center 8 Operating Supplies Arts Center Amount Account Description Business Unit 8 Operating Supplies Arts Center 8 Operating Supplies Police Sworn 8 Repair & Maint. Supplies General Community Center 8 Operating Supplies IT Operating 7 Operating Supplies Senior Center Programs 7 Equipment Repair & Maint Senior Center Programs 7 Operating Supplies New Adaptive 7 Equipment Repair & Maint Public Safety Communications 6 Operating Supplies Fitness Classes 6 Software/Hardware Maint.IT Operating 6 Operating Supplies Fire 6 Operating Supplies Pool Operations 6 Operating Supplies Arts Center 5 Operating Supplies Specialty Fitness Programs 4 Office Supplies Police Sworn 2 Licenses, Taxes, Fees Facilities Staff 1 Conference/Training Utility Operations - General 1 Conference/Training Utility Operations - General 0 Miscellaneous IT Operating 0 Miscellaneous IT Operating 0 Miscellaneous IT Operating 0 Miscellaneous IT Operating 0 Miscellaneous IT Operating -11 Operating Supplies Finance -25 Tuition Reimbursement/School Police Sworn -26 Employee Award Organizational Services -30 Employee Award Organizational Services -31 Operating Supplies Fleet Operating -33 Miscellaneous IT Operating -36 Miscellaneous IT Operating -36 Miscellaneous IT Operating -49 Operating Supplies Softball -78 Deposits General Fund -765 Tuition Reimbursement/School Police Sworn -5,259 Other Revenue-Rebate General Fund 67,582 Report Total CITY COUNCIL AGENDA SECTION: Report of the Community Development Director DATE: May 2, 2023 DEPARTMENT/DIVISION: Julie Klima, Community Development Director Jeanne Karschnia, Housing & Community Services ITEM DESCRIPTION: Approve Modifications to the Senior Emergency Repair Program and the First Time Homebuyer Program ITEM NO.: XIV.C.1. Requested Action Move to: Approve Modifications to the Senior Emergency Repair Program and the First Time Homebuyer Program Background Senior Emergency Repair Program The Senior Emergency Repair Program, approved in 2017, is available to income-eligible Eden Prairie seniors 60 or older. Eligible emergency repairs include heating, air conditioning, water heater replacement as well as accessibility upgrades that may become necessary due to a medical condition. These loans are forgiven after three years. If the property is sold within three years, the loan must be repaid in full. The program uses CDBG grant and program income funds. Currently the loan amount is $5,000, but due to increasing mechanical replacement and material costs, staff recommends increasing the loan amount to $7,500. First Time Homebuyer Program In 2011, the Eden Prairie City Council approved a First Time Homebuyer Down Payment Assistance Program. The program provides a deferred, zero interest loan to assist with down payment costs, closing costs and principal reduction, which is in accordance with HUD requirements. The loan is repayable when the property is sold, is no longer the borrower’s principal place of residence, or after 30 years has passed. CDBG program income and Pooled TIF funds are used to operate the program. Due to increased housing costs and higher interest rates, staff recommends the following modifications to the program guidelines to continue to serve Eden Prairie first time homebuyers. • Update maximum loan amount from $15,000 to $25,000. The maximum loan amount will fluctuate based on availability of funds and/or market trends. • Increase the maximum purchase price from 100% to 120% of the metro area affordable home price. Home prices in Eden Prairie are above the metro average and therefore, use of the regional affordable home price limits the housing stock available for purchase. • Increase the maximum Housing Debt-to-Income ratio from 33% to 37%. Due to increased housing costs and higher interest rates, a 33% housing debt-to-income ratio is making the program too restrictive for first time homebuyers to qualify for the program. The 37% proposed is in line with industry standards. The manager of Housing and Community Services will have the option to approve applicants above the 37% if credit history and debt load support a waiver. CITY COUNCIL AGENDA SECTION: Report of the Parks and Recreation Director DATE: May 2, 2023 DEPARTMENT/DIVISION: Jay Lotthammer, Director Parks and Recreation ITEM DESCRIPTION: Overview of Parks, Recreation, and Natural Resources Guide Plan ITEM NO.: XIV.D.1. Synopsis The Parks, Recreation, and Natural Resources Guide Plan is nearing completion. Parks and Recreation Director, Jay Lotthammer will overview the document with City Council Members. Background Staff recognizes the benefits of having a road map and wants to share data, recommendations, and plans to continue making Eden Prairie programs and parks instrumental in our residents’ quality of life. The Guide Plan development has also been a process and a vehicle to engage residents, elected officials, and City staff in imagining and giving guidance to our future. The timing has also been right to undertake this process. Previous master/comprehensive park plans were created in 1965, 1989 and 2003. And, in 2018, Parks and Recreation staff participated in the development of the City’s updated comprehensive plan, Aspire Eden Prairie 2040, which has components that serve as a foundation and data source for this Guide Plan update. Our new Parks, Recreation, and Natural Resources Guide is intended to recognize and embrace past efforts, acknowledge changes, integrate programming efforts, and inform plans and efforts into the future. We’ve also recently developed and updated several plans and inventories that informed the development of this guide. It is important to note that this is truly a unique Parks, Recreation, and Natural Resources Guide. Certainly, it is specific to the City of Eden Prairie, but what makes it special is what it includes and who was involved in bringing it to fruition. Our past park and open space master plans covered just what the titles indicated—parks and open space. This wasn’t unique to Eden Prairie, it was the template most cities followed. Previous plans documented what was in place and guided the Parks and Recreation Department regarding land acquisition and types of facility developments and amenities. Now that Eden Prairie is highly developed and nearing full land acquisition, it’s important to be deliberate about forecasting and planning based on our current population and how we can best engage them to continue to benefit their quality of life through programs, events, facilities, parks, and services. The strength and basis of this current Parks, Recreation, and Natural Resources Guide is that it is staff-driven. We are fortunate to have highly trained staff who are considered experts in their program areas. They’re also the people who work closely with our residents. The strong relationships and the day-to-day oversight make them highly skilled to offer insightful thoughts about the future. An additional benefit derived from this staff-driven method has been the rich discussions among our team to understand and celebrate the past, examine current initiatives, and chart a path toward the future to best serve Eden Prairie residents. Public input and a deep understanding of our community has also been critical to guiding our future. Additionally, members of our Parks, Recreation and Natural Resources Commission played a key role in the development of the guide. The next steps are to place the Guide on the website and print a limited number of hard copies.