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Home My WebLink AboutCity Council - 06/13/2023 AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, JUNE 13, 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 Sara Aschenbeck Workshop - Heritage Rooms I and II (5:30) A. SUSTAINABILITY UPDATE Open Podium - Council Chamber (6:30) I. OPEN PODIUM III. ADJOURNMENT Sustainable Eden Prairie Update 2023 Jennifer Fierce Sustainability Coordinator Agenda SEP Update 2023 •CAP Update •Legislative Update •Sustainable Building Standard •Program Updates June 13, 2023 2 Planned Emissions Reduction SEP Update 2023 - 200,000 400,000 600,000 800,000 1,000,000 1,200,000 1,400,000 2005 2010 2015 2020 2025 2030 2035 2040 2045 2050 tonnes CO2e Commercial/Industrial Efficiency Residential Efficiency Electric Grid Mix Renewable Energy Fuel Switching Travel Strategies Waste Reduction & Diversion Remaining Commercial/Industrial Remaining Residential Remaining Travel Business-As-Usual GoalBaselineNew Data June 13, 2023 3 Baseline Emissions SEP Update 2023 - 100,000 200,000 300,000 400,000 500,000 600,000 700,000 800,000 900,000 1,000,000 200720082009201020112012201320142015201620172018201920202021tonnes CO2e Waste Vehicle Travel Res. Natural Gas Res. Electricity Com/Ind Natural Gas Com/Ind Electricity June 13, 2023 4 % of Planned Energy- Related Emissions Reductions SEP Update 2023 Commercial/Industrial Energy Efficiency 46% Residential Energy Efficiency 12% Grid Mix 24% Fuel Switching 14% Other 4% June 13, 2023 5 Estimated Travel Emissions Reduction SEP Update 2023 Mode Shift, 14.1% Electric Vehicles, 85.9% - 50,000 100,000 150,000 200,000 250,000 300,000 350,000 400,000 450,000 2005 2010 2015 2020 2025 2030 2035 2040 2045 2050 tonnes CO2e Business-As-Usual GoalBaselineNew Data June 13, 2023 6 Estimated Waste Emissions Reduction SEP Update 2023 Waste Reduction & Diversion, … - 5,000 10,000 15,000 20,000 25,000 2005 2010 2015 2020 2025 2030 2035 2040 2045 2050 tonnes CO2e Business-As-Usual GoalBaselineNew Data June 13, 2023 7 Legislative Update SEP Update 2023 June 13, 2023 8 Policy Changes 100% Carbon Free by 2040 •100% carbon-free electricity in the state by 2040. 80% by 2030 •55% must come from renewables like solar and wind by 2035 Community Solar Garden Changes •Projects up to 5 MW (currently limited to 1 MW) •Does not have to be in a contiguous county to the subscriber •New caps on total CSG approved each year •30% of subscribers must be LMI, 25% must be public entities or affordable housing providers •Consolidated billing •Changes to bill credit calculations SEP Update 2023 June 13, 2023 9 Policy Changes Grants for Climate Planning and Implementation •$5 million in grants for cities to develop & implement CAP plans •Requires 50% match Statewide Commercial Building Energy Benchmarking •All commercial buildings statewide greater than 100,000+ sf must benchmark and disclose annual energy usage by 2025. •50,000 + sf must disclose by 2026 SEP Update 2023 June 13, 2023 10 •Nullifies any covenant, restriction, etc. that prohibits installation of solar •System must still meet code, owner responsible for maintenance and removal Ending HOA bans on rooftop solar Rebates and Grants for Residents EV & Electric Bike Rebates •$2,500 rebate for new EV with MSRP under $55,000 •$600 rebate for lessees and used EV purchases under $25,000 •Point of sale rebate •EV training $$ for dealerships •Up to $1,500 rebate for ebikes Residential Electric Panel Grants •$6.5 million for grants for panel upgrades •Undersized electrical panel can be roadblock to home electrification •Multifamily buildings also eligible Air Source Heat Pump Rebate •$7 million for ASHP rebate program •Must have energy audit to be eligible •Rebate amount $4,000 or remaining cost to purchase/install after IRA rebate (whichever is lesser) SEP Update 2023 June 13, 2023 11 Policy Changes SEP Update 2023 June 13, 2023 12 Commercial Energy Code •Beginning in 2024, adopt each new model commercial energy code (ASHRAE 90.1) •By 2036 code must achieve 80% reduction in annual net energy consumption from 2004 baseline EV Ready Building Code •Updates to state code to require minimum number of EV ready, capable, or charging stations with new commercial/MF development •Does not include 1-4 units •DLI workgroup to determine specifics Sustainable Building Standard SEP Update 2023 June 13, 2023 13 Sustainable Building Standard SEP Update 2023 June 13, 2023 14 Where triggered by funding or land use incentives, Sustainable Building Standards establish minimum sustainability criteria that go beyond existing state code for new construction or significantly renovated developments. Also known as: green building policies, green building standards. Cities with a Standard/Policy in MN Duluth Edina Maplewood Minneapolis Northfield Rochester St. Louis Park Saint Paul SEP Update 2023 June 13, 2023 15 Standard Make Up SEP Update 2023 June 13, 2023 16 Third-party green building rating system Universal Requirements Sustainable Building Standard Sustainable Building Standard SEP Update 2023 June 13, 2023 17•Sustainability Why use a third-party ratings system? SEP Update 2023 Enables third-party verification of compliance, systems are familiar to architects All go above and beyond existing building code June 13, 2023 18 Rating System Options Commercial/ Mixed-Use LEED B3 Guidelines Multi-family LEED B3 Guidelines Green Communities Single-family LEED Passive House DOE Zero Energy Ready Home SEP Update 2023 June 13, 2023 19 Average Upfront Cost Increase for LEED Certified Projects SEP Update 2023 Certified Silver Gold Platinum Average 0.0% to 1.0%2.0% –2.5%1.4% -8.0%6.0% -9.5%2.0% June 13, 2023 20 Sources: Massachusetts Technology Collaborative, Journal of Sustainable Real Estate, Renewable & Sustainable Energy Reviews LEED Certification Process Costs Dependent on several variables, but in the range of $10,000 to $30,000 per project. Market and Investment Value of LEED Certified Projects SEP Update 2023 June 13, 2023 21 Source: Cushman & Wakefield Green is Good Series Commercial Buildings •LEED Certified Buildings have 11.1% higher rent than non-LEED Buildings since 2015. •LEED-Certified assets had a 21.4% higher average market sales price per sf since 2018. •LEED-Certified Class A suburban office sales generated a 40.9% price per sf premium over non-certified assets. Multifamily Buildings •LEED-Certified buildings have a 3.1% rent premium vs. non-certified buildings. •Slightly higher vacancy rate but is offset by rent premium. •LEED-Certified buildings sold for a 9.4% premium over non-certified buildings from 2012 –2021. Operating Costs of LEED Certified Projects - DC Example SEP Update 2023 June 13, 2023 22 Source: District of Columbia Office of Revenue Analysis Universal Requirements SEP Update 2023 June 13, 2023 23 Third-party green building rating system Universal RequirementsSustainable Building Policy Universal Requirement SEP Update 2023 Apply to a triggered project regardless of rating system selected Are established to ensure city sustainability priorities are met City must determine a verification method June 13, 2023 24 Universal Requirements in Eden Prairie SEP Update 2023 Predicted GHG Emissions Electric Vehicle Charging Capability Renewable Energy Standard June 13, 2023 25 Electric Vehicle Charging Capability 26June 13, 2023SEP Update 2023 Renewable Energy Standard ▪Build to solar-ready standard ▪roof layout/material ▪electrical conduit/space for meter ▪Evaluate feasibility of sourcing up to 5% of energy with on-site solar ▪Install if cost-effective using a payback of 15 years June 13, 2023 27SEP Update 2023 What would trigger application of the Sustainable Building Standard in a project? ➢Any new construction project requesting a financial or land use incentive. ➢Any major addition over 10,000 SF requesting a financial or land use incentive. ➢Sustainable Building Standard would NOT apply to any other projects. June 13, 2023 28SEP Update 2023 Types of Financial or Land Use Incentives FINANCIAL INCENTIVE •Tax Increment Financing (TIF) •Conduit Bonds •Met Council LCA Grant •Hennepin County Grants •Community Development Block Grants •Other funds available to City LAND USE INCENTIVE •Planned Unit Development (PUD) Zoning June 13, 2023 29SEP Update 2023 City SBS Universal Overlay Comparison SEP Update 2023 Eden Prairie Edina St. Louis Park Northfield St. Paul Rochester Trigger $ or PUD $ or PUD $ or PUD $$$ Predicted GHG Emissions Y Y Y Y Y Y EV Charging Capability Y 5% L2 or higher, or conduit to 10% of spaces MF –5 to 10% L1, 10% L2 capacity. Other –1 L2 N Y – does not define Y –does not define Renewable Energy Standard Y –up to 5%N Y –2%Y –2%Y –2%Y –2% June 13, 2023 30 Program Update SEP Update 2023 June 13, 2023 31 Resident Education, Events & Awards SEP Update 2023 •Electrify Everything MN Campaign & Workshops •Congressionally Directed Spending –Electrification Pilot •Garden Tool Swap & Compost Giveaway •EV Showcase Event •Pollinator Plantings Webinar •Event Tabling •GreenStep Cities Step 4 & 5 •EV Smart Certification Process •EECBG Federal Funds June 13, 2023 32 Thank you! AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, JUNE 13, 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 Dire ctor 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. PRO CLAMATIONS / PRESENTATIONS A. CITY GOVERNMENT ACADEMY GRADUATION B. HENNEPIN COUNTY COMMISSIONERS LATONDRESSE AND GOETTEL C. PROP SHOP UPDATE – CINDY EDDY, D IRECTOR D. TOUR DE TONKA – MOLLY BAHNEMAN, COORDINATOR FOR MINNETONKA PRESCHOOL, ECFE & JUNIOR EXPLORERS E. ACCEPT DONATION FROM HUMANA FOR SENIOR CENTER GOLF CLASSIC (Resolution) F. ACCEPT DONATIONS FROM SUMMIT PLACE FOR SENIOR CENTER EVENTS (Resolution) V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MAY 16, 2023 B. CITY COUNCIL MEETING HELD TUESDAY, MAY 16, 2023 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIO NS VIII. CONSENT CALENDAR CITY COUNCIL AGENDA June 13, 2023 Page 2 A. CLERK’S LIST B. ADOPT RESOLUTION APPROVING PARTICIPATION IN PERFORMANCE MEASUREMENT PROGRAM ESTABLISHED BY COUNCIL ON LOCAL RESULTS AND INNVOVATION C. AWARD CONTRACT FOR FIRE STATION 3 APPARATUS BAY FLOOR TO SURFACE PROS D. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH AE25 FOR WELL 5 ELECTRICAL AND CONTROLS REHABILITATION FOR WELL HOUSE # 5 RECONSTRUCTION PROJECT E. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH STANTEC FOR PHASE 10 POND INVENTORY AND INSPECTION PROGRAM F. APPROVE PURCHASE OF FOUR PORTABLE HOISTS FROM GRAY MANUFACTURING G. AWARD CONTRACT FOR COUNTY ROAD 62 FENCE REPLACEMENT TO SUPERIOR FENCE & RAIL INC. H. APPROVE ORDERING AND PURCHASE OF 2024 REPLACEMENT PLAN VEHICLES AND EQUIPMENT I. APPROVE AGREEMENT FOR PURCHASING GOODS AND SERVICES WITH RESPYRO FOR HOMETOWN CELEBRATION FIREWORKS J. DECLARE FIRE VEHICLES AS SURPLUS PROPERTY AND AUTHORIZE SALE TO OTHER FIRE DEPARTMENTS K. ACCEPT DONATION FROM AMERICAN LEGION AUXILIARY – EDEN PRAIRIE FOR PURCHASE OF EMERGENCY SERVICES EQUIPMENT (Resolution) L. ACCEPT DONATION OF BEVERAGE MUGS FROM SCHEELS FOR FIRE DEPARTMENT EVENTS (Resolution) M. APPROVE THE LEASE EXTENSION FOR THE RILEY LAKE PARK RENTAL HOUSE N. APPROVE PROFESSIONAL SERVICES AGREEMENT FOR PAVEMENT EVALUATION SERVICES FROM GOODPOINTE TECHNOLOGY IX. PUBLIC HEARINGS / MEETINGS A. BUSH LAKE PET HOSPITAL (2023-04) by Highland Ventures, Travis Norris. Resolution for Planned Unit Development Concept Review on 1.19 acres, First Reading of Ordinance for Zone Change from Office (OFC) to Neighborhood CITY COUNCIL AGENDA June 13, 2023 Page 3 Commercial (N-COM) and Ordinance for PUD District Review with waivers on 1.19 acres, and Site Plan Review on 1.19 acres. (Resolution for PUD Concept Review, Ordinance for Zoning District Change and PUD District Review) B. KIWATCHI DEVELOPMENT (2022-11) by Craig and Jessica Schmidt. First reading of Ordinance for Zone Change from Rural to R1-9.5 on 2.11 acres, and Resolution for Preliminary Plat of one parcel into 4 lots and 3 outlots on 2.11 acres. (Resolution for Preliminary Plat, Ordinance for Zoning District Change, Resolution for the Findings of Fact in Support of Park Dedication Fees) C. BAKER ROAD ASSISTED LIVING (2023-02) by Michael Knisely. Resolution for Guide Plan Change from Office to Medium High Density Residential on 3.79 acres, Resolution for PUD Concept Plan Review on 3.79 acres, First reading of Ordinance for zone change from Office to RM-2.5 and PUD District Review with waivers on 3.79 acres, Resolution for the Findings of Fact in Support of Park Dedication Fees and Site Plan Review on 3.79 acres. (Resolution for Guide Plan Change, Resolution for PUD Concept Review, Ordinance for Zoning District Change and PUD District Review) D. COMPREHENSIVE PLAN AMENDMENT – TRANSPORTATION AND TRAILS (2023-01CA) by City of Eden Prairie. Resolution for text and map amendments to the Comprehensive Plan. (Resolution for Guide Plan Change) X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS A. FIRST READING OF ORDINANCE AMENDING CITY CODE CHAPTER 4 RELATING TO LICENSING AND REGULATION OF ALCOHOLIC BEVERAGES B. FIRST READING OF ORDINANCE GRANTING A CABLE FRANCHISE TO COMCAST XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS A. STUDENTS ON COMMISSIONS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR CITY COUNCIL AGENDA June 13, 2023 Page 4 D. REPORT OF PARKS AND RECREATIO N DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT ANNOTATED AGENDA DATE: June 09, 2023 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, June 13, 2023 ___________________________________________________________________________________________ TUESDAY, JUNE 13 2023 7:00 PM, COUNCIL CHAMBER I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION Open Podium is an opportunity for Eden Prairie residents to address the City Council on issues related to Eden Prairie city government before each Council meeting, typically the first and third Tuesday of each month, from 6:30 to 6:55 p.m. in the Council Chamber. If you wish to speak at Open Podium, please contact the City Manager’s Office at 952.949.8412 by noon of the meeting date with your name, phone number, and subject matter. Open Podium is not recorded or televised. If you have questions about Open Podium, please contact the City Manager’s Office. IV. PROCLAMATIONS / PRESENTATIONS A. CITY GOVERNMENT ACADEMY GRADUATION City Councilmembers will present diplomas of graduation. B. HENNEPIN COUNTY COMMISSIONERS LATONDRESSE AND GOETTEL C. PROP SHOP UPDATE – CINDY EDDY, DIRECTOR D. TOUR DE TONKA – MOLLY BAHNEMAN, COORDINATOR FOR MINNETONKA PRESCHOOL, ECFE & JUNIOR EXPLORERS E. ACCEPT DONATION FROM HUMANA FOR SENIOR CENTER GOLF CLASSIC (Resolution) Synopsis: Donations such as this allow the Senior Center to offer special events at low or no cost to residents. MOTION: Adopt Resolution accepting the donation of $250 from Humana to Senior Center’s Golf Classic. ANNOTATED AGENDA June 13, 2023 Page 2 F. ACCEPT DONATIONS FROM SUMMIT PLACE FOR SENIOR CENTER EVENTS (Resolution) MOTION: Adopt the Resolution accepting the contribution in the amount of $50 for Senior Center September Bingo and $250 for the Holiday Lunch from Summit Place. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Move to approve the agenda. VI. MINUTES MOTION: Move to approve the following City Council minutes: A. COUNCIL WORKSHOP HELD TUESDAY, MAY 16, 2023 B. CITY COUNCIL MEETING HELD TUESDAY, MAY 16, 2023 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-N on the Consent Calendar. A. CLERK’S LIST B. ADOPT RESOLUTION APPROVING PARTICIPATION IN PERFORMANCE MEASUREMENT PROGRAM ESTABLISHED BY COUNCIL ON LOCAL RESULTS AND INNVOVATION C. AWARD CONTRACT FOR FIRE STATION 3 APPARATUS BAY FLOOR TO SURFACE PROS D. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH AE25 FOR WELL 5 ELECTRICAL AND CONTROLS REHABILITATION FOR WELL HOUSE # 5 RECONSTRUCTION PROJECT E. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH STANTEC FOR PHASE 10 POND INVENTORY AND INSPECTION PROGRAM F. APPROVE PURCHASE OF FOUR PORTABLE HOISTS FROM GRAY MANUFACTURING G. AWARD CONTRACT FOR COUNTY ROAD 62 FENCE REPLACEMENT TO SUPERIOR FENCE & RAIL INC. H. APPROVE ORDERING AND PURCHASE OF 2024 REPLACEMENT PLAN ANNOTATED AGENDA June 13, 2023 Page 3 VEHICLES AND EQUIPMENT I. APPROVE AGREEMENT FOR PURCHASING GOODS AND SERVICES WITH RESPYRO FOR HOMETOWN CELEBRATION FIREWORKS J. DECLARE FIRE VEHICLES AS SURPLUS PROPERTY AND AUTHORIZE SALE TO OTHER FIRE DEPARTMENTS K. ACCEPT DONATION FROM AMERICAN LEGION AUXILIARY – EDEN PRAIRIE FOR PURCHASE OF EMERGENCY SERVICES EQUIPMENT (Resolution) L. ACCEPT DONATION OF BEVERAGE MUGS FROM SCHEELS FOR FIRE DEPARTMENT EVENTS (Resolution) M. APPROVE THE LEASE EXTENSION FOR THE RILEY LAKE PARK RENTAL HOUSE N. APPROVE PROFESSIONAL SERVICES AGREEMENT FOR PAVEMENT EVALUATION SERVICES FROM GOODPOINTE TECHNOLOGY IX. PUBLIC HEARINGS / MEETINGS A. BUSH LAKE PET HOSPITAL (2023-04) by Highland Ventures, Travis Norris. Resolution for Planned Unit Development Concept Review on 1.19 acres, First Reading of Ordinance for Zone Change from Office (OFC) to Neighborhood Commercial (N-COM) and Ordinance for PUD District Review with waivers on 1.19 acres, and Site Plan Review on 1.19 acres. (Resolution for PUD Concept Review, Ordinance for Zoning District Change and PUD District Review) Synopsis: The applicant is proposing to construct an approximately 5,074 square foot, single-level commercial building. About 3,958 square feet would be occupied by Bush Lake Pet Hospital, while the other 1,015 square feet would be for an additional commercial or office tenant, to be determined. The tenant is relocating from Bloomington to increase its tenant space. The business would not have overnight boarding with the exception of surgery patients. The lot for this proposed building is located directly north of the Kinderberry Hill Child Development Center along Hennepin Town Road and across the street from the Bluff Country Village townhome development. The applicant is requesting a Zone Change to Neighborhood Commercial (N-COM) from Office (OFC) to accommodate the proposed vet clinic use. The developer is also requesting PUD waivers for minimum lot size and lot depth in the N-COM district. MOTION: Move to: • Close the public hearing; and • Adopt a Resolution for Planned Unit Development Concept Review on 1.19 acres; and • Approve the 1st reading of the Ordinance for Planned Unit ANNOTATED AGENDA June 13, 2023 Page 4 Development District Review with waivers and Zoning Change from OFC to N-COM on 1.19 acres; and • Direct Staff to prepare a development agreement incorporating Staff recommendations and Council conditions; and • Authorize the issuance of an early Land Alteration Permit for Bush Lake Pet Hospital at the request of the Developer subject to the conditions outlined in the permit B. KIWATCHI DEVELOPMENT (2022-11) by Craig and Jessica Schmidt. First reading of Ordinance for Zone Change from Rural to R1-9.5 on 2.11 acres, and Resolution for Preliminary Plat of one parcel into 4 lots and 3 outlots on 2.11 acres. (Resolution for Preliminary Plat, Ordinance for Zoning District Change, Resolution for the Findings of Fact in Support of Park Dedication Fees) Synopsis: The applicant is requesting approval to divide one parcel into 4 single family lots and 3 outlots. The 2.11-acre property is located at 6285 Duck Lake Road. The land is generally flat with some trees and a small piece of wetland along the east property line. The wetland is part of a larger wetland on City-owned property to the east. The existing home on proposed Lot 3 will be demolished when site work begins. The property is guided Low Density Residential, which allows a density of 0.1-5 units per acre. The proposed density of 1.9 units per acre is consistent with the guiding. Current zoning is Rural and the applicant is requesting a zone change to R1-9.5. The lots conform to the R1-9.5 zoning standards. The wetland, wetland buffer and stormwater management will be encompassed in Outlot A. The Outlot will be deeded to the City so the City can preserve the wetland and wetland buffer and maintain the stormwater management facility. Outlots B and C may be transferred to the property owners to the north to add square footage to their lots. The applicant will be installing a public sidewalk along the Duck Lake Road frontage of the property. MOTION: Move to: • Close the public hearing; and • Approve the 1st Reading of an Ordinance for a Zoning Change from Rural to R1-9.5 on 2.11 acres; and • Adopt a Resolution for a Preliminary Plat of one parcel into 4 lots and 3 outlots on 2.11 acres; and • Adopt a Resolution for the Findings of Fact in Support of Park Dedication Fees; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions; and • Authorize the issuance of an early Land Alteration Permit for Kiwatchi Addition at the request of the Developer subject to the conditions outlined in the permit. ANNOTATED AGENDA June 13, 2023 Page 5 C. BAKER ROAD ASSISTED LIVING (2023-02) by Michael Knisely. Resolution for Guide Plan Change from Office to Medium High Density Residential on 3.79 acres, Resolution for PUD Concept Plan Review on 3.79 acres, First reading of Ordinance for zone change from Office to RM-2.5 and PUD District Review with waivers on 3.79 acres, Resolution for the Findings of Fact in Support of Park Dedication Fees and Site Plan Review on 3.79 acres. (Resolution for Guide Plan Change, Resolution for PUD Concept Review, Ordinance for Zoning District Change and PUD District Review) Synopsis: The applicant is requesting approval to construct an assisted living facility at 6216 Baker Road. The 3.79-acre property is located south of Highway 62 and west of Baker Road. The project improvements are proposed in two phases. Phase I includes a renovation of the existing 16,309 square foot office building into 24 assisted living units with a total of 31 beds. The majority of the improvements in this phase will be interior to the building, though there are minor exterior improvements. Phase II is proposed to include a 52,938 square foot 4-story addition to the building, which would add 81 units with a total of 81 beds. At full build out, the facility will have a total of 105 units and 112 beds. Phase II would include significant site work. Ultimately, the project will provide assisted living and treatment for patients suffering from dementia. The property is guided Office in the Comprehensive Plan. The applicant is requesting approval of a Comprehensive Plan Amendment to reguide the property to Medium High Density Residential, which allows a density of 14 to 40 units per acre. At full build out of Phase I and II, the density of the project will be 27.7 units per acre. The property is zoned Office and the applicant is requesting a zone change to RM-2.5. MOTION: Move to: • Close the public hearing; and • Adopt a Resolution for a Guide Plan Change from Office to Medium High Density Residential on 3.79 acres; and • Adopt a Resolution for a PUD Concept Plan Review on 3.79 acres • Approve the 1st Reading of an Ordinance for a PUD District Review with waivers and a Zoning Change from Office to RM-2.5 on 3.79 acres; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions D. COMPREHENSIVE PLAN AMENDMENT – TRANSPORTATION AND TRAILS (2023-01CA) by City of Eden Prairie. Resolution for text and map amendments to the Comprehensive Plan. (Resolution for Guide Plan Change) MOTION: Move to: • Close the public hearing; and • Approve the Resolution amending the Comprehensive Plan ANNOTATED AGENDA June 13, 2023 Page 6 X. PAYMENT OF CLAIMS MOTION: Move to approve Payment of Claims as submitted (Roll Call Vote). XI. ORDINANCES AND RESOLUTIONS A. FIRST READING OF ORDINANCE AMENDING CITY CODE CHAPTER 4 RELATING TO LICENSING AND REGULATION OF ALCOHOLIC BEVERAGES Synopsis: Chapter 4 of the Eden Prairie City Code contains the City’s regulations and licensing requirements relating to alcoholic beverages. Chapter 4 has not undergone a wholesale update for many years, and currently contains several provisions that are outdated or not in compliance with state law. The ordinance amends Chapter 4 in its entirety. The amended chapter now references and incorporates many definitions, provisions, and requirements of state law, which will allow the City to quickly implement liquor law amendments that may be adopted by the legislature. The ordinance also adopts similar administrative licensing processes and requirements that are used in other City licensing sections found in Chapter 5. This will allow for ease of administration by City staff and clarity for applicants. While the amendment brings certain requirements of Chapter 4 in line with both state law and the practices of surrounding communities, it retains most of Chapter 4’s existing substantive licensing requirements, conditions, and penalties. MOTION: Move to Approve the First Reading of the Ordinance Amending City Code Chapter 4 Relating to Licensing and Regulation of Alcoholic Beverages B. FIRST READING OF ORDINANCE GRANTING A CABLE FRANCHISE TO COMCAST Synopsis: Effective August 1, 2012 each of the Southwest Suburban Cable Commission Member Cities granted a cable franchise to Comcast. The initial term of the franchise ran for ten (10) years and was extended by the Member Cities through January 31, 2023. In 2019 Comcast requested renewal of the franchise and the Cable Commission has since been engaged in informal renewal negotiations with Comcast to reach mutually acceptable terms for a renewal cable franchise. On May 24, 2023, the Cable Commission adopted a resolution recommending that the renewal cable franchise be adopted by each Member City. ANNOTATED AGENDA June 13, 2023 Page 7 All five Member Cities are considering the renewal cable franchise simultaneously. Any proposed revisions from one of the cities may require the Cable Commission to seek agreement not only from Comcast but also from the other four Member Cities which may have already taken action to adopt the renewal cable franchise. This point is raised not to suggest that further revisions are impossible, but to emphasize the complexity of the approval process and the steps which must be undertaken to complete the approval process. MOTION: Move to Approve the First Reading of the Ordinance Granting a Cable Franchise to Comcast XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS A. STUDENTS ON COMMISSIONS Synopsis: Applications for Students on Commissions positions were accepted from mid-April to the end of May. 65 applications were received this year, and there were more applicants than spots available on Commissions. Commission Staff Liaisons reviewed the applications. The appointment recommendations are based on the students’ stated Commission preferences and the quality of their applications. An orientation session will be held in late August. MOTION: Move to: • Appoint to the Flying Cloud Airport Advisory Commission – Harshan Chandrasekar, Leo Johnson, Jack Morrissette, Daniel Jiang, Seth Johnson, Bergen Papa • Appoint to the Heritage Preservation Commission – Nikhill Andrew, Berit Berggren, Abha Gupta, Abhinov Koutharapu, Owen Caruth, Amuktha Pothamsetti • Appoint to the Human Rights and Diversity Commission – Kanya Karthic, Shivangi Mohan, Navya Nambiar, Kiana Poul, Sudiksha Talla, Madeline Wilson, Tamia Hassan, Jude Kambal • Appoint to the Parks, Recreation, and Natural Resources Commission – Vaikunth Ananthanarayanan, Jasmine Berry, Jessica Fang, Rohil Garg, Andrew Ginder, Jake Heimkes, Sydney Ishaug, Siona Kaura, Aidan Rice, Sophia Strehl • Appoint to the Sustainability Commission – Rylee Brazil, Sophie Cain, Lucy Dowdal-Osborn, Alyssa Ehler, Lalitha Gunturi, Roshan Gurumurthy, Sabreen Khanikar, Pranav Narayanan, Kate Ropchak, Lilli Timpe, Keerti Tumu XIV. REPORTS ANNOTATED AGENDA June 13, 2023 Page 8 A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. Commissioners Debbie Goettel (District 5) & Chris LaTondresse (District 6) Hennepin County Districts 5 and 6 2023 Hennepin County Budget Other Financing Other Revenue Liscense and Permits Fees and Services Investment Earnings Local State Federal Sales and Other Taxes Property Taxes Public Safety 14.0% Health 17.1% Disparity Reduction 0.7% Resident Services 5.1% Public Works 7.3% Capital Improvements 16.5% Operations 13.7% Human Services 25.6% Revenue Expenses Pandemic Response Projects- Progress Report, March 2023 Housing and Homelessness: $82,000,000 Behavioral, Maternal and Public Health: $42,000,000 Economic Recovery and GBI Pilot: $23,000,000 Employment Strategies: $16,580,000 Violence Prevention: $10,000,000 Broadband and Digital Inclusion: $10,000,000 Total spent to date: $218.6 million Total ARPA-SLFRF award: $245.9 million *List not exhaustive 1/3 of Hennepin County households pay more than 30% of their income toward housing costs 0 20,000 40,000 60,000 80,000 14,192 73,660 Number of extremely low income households (earning less than 30% of AMI) Number of subsidized housing units affordable to extremely low-income households Gap of available affordable homes is widest for our lowest income households $146 million annually pre-pandemic •Embedded Social Workers: In 2019, 6 suburban cities partnered with Hennepin County for a new response to mental health emergency calls—embedding 5 social workers across their police departments. •This collaboration allows for a tailored assessment and response to people having contact with the police because of mental health and substance use issues. •2023 expansion: 45 social workers serving every city and police department across Hennepin County. •In 2022 there were 364 mental health calls and 441 referrals to Eden Prairie's PESW program. Through Q1 of 2023, there have been 96 mental health calls and 118 referrals. Public Safety and Mental Health Expanding School Based Mental Health Hennepin County now has one of the strongest school-based behavioral health systems in the nation 7,000 students served annually 231 public schools (100%) 19 school districts (100%) 22 mental health agencies Opioid Lawsuit Results in $300M Settlement Hennepin County receiving $42 million of these settlement dollars. We are investing this funding across three pillar strategies: Prevention Prevent further spread of opioid crisis Response Avert overdose deaths Treatment Provide evidence-based treatment and recovery Elevate Hennepin is a resource hub powered by Hennepin County connecting local entrepreneurs to trusted resources and expert advisors at no cost. Up to 25 hours of FREE one-on- one consultation on topics including: business planning, legal guidance, financial management, lending / accessing capital, marketing, technology consulting + human resources. www.elevatehennepin.org Pre- launch •Lending Pathways •Certified Access Academy •Elevate Hennepin consulting, advising, and mentorship •Cohort based and on-demand learning Startup Microenterprise (1-4 employees) Early growth (5-9 employees) Second stage (10-99 employees)Elevatehennepin.org Online Resource Hub Eden Prairie / Hennepin Transportation Projects Green Line LRT Extension •Construction on LRT Systems underway •Southwest Station reopening Spring Road (County Road 4) Repaving Project •Construction start: Tentatively scheduled for 2024 •From Flying Cloud Dr (County Rd 61) to Hilltop Rd •In addition, the county will also be repairing a culvert along Spring Rd (County Rd 4) at Riley Creek in Summer 2023 •ADA upgrades will likely occur 1 year prior Pioneer Trail (County Road 1) Repaving Project •Construction start: Tentatively scheduled for 2025 •From approx. the west county line to Braxton Dr •ADA upgrades will likely occur 1 year prior Thank you. ➢In September, we learned of major construction affecting the 100-Mile route ➢TDT’s tagline in year one (2006) was…? o “Ride like the wind” o “A community ride” o “I like this ride” ➢In September, we learned of major construction affecting the 100-Mile route ➢TDT added a 100-mile option in what year? o 2008 o 2009 o 2010 ➢In September, we learned of major construction affecting the 100-Mile route ➢The 2023 TDT will go through how many cities? o 19 o 22 o 25 •Minnesota Bicycle Event Visitors: •Spent an average of per day (2015 Dollars) ➢Event Fees ➢Lodging ➢Gas ➢Dining Out ➢Note:2023 dollars are 23% HIGHER compared to 2015 2022 TOTAL $7,000 To date, Tour de Tonka has raised over $97,000 for the ICA Food Shelf. Ron Kamps: Mega Volunteer, TDT & ICA super star sadly passed away in March of 2023. Clearwater Big Stone Yellow Medicine Pipestone Rock Mille Lacs Chisago Sherburne Washington Ramsey Steele Dodge Top Participating States Outside of MN: Wisconsin Iowa North Dakota 1st Rider EVER from Arkansas in 2022States Needed: -Idaho -Wyoming -Hawaii -Alabama -Vermont -Delaware Minnetonka Minnetrista Mound Navarre New Germany Norwood Young America Orono Plato Plymouth Shorewood Spring Park Three Rivers Parks Tonka Bay Victoria Waconia Watertown Wayzata Winsted Chanhassen Chaska Deephaven Delano Eden Prairie Excelsior Greenwood Independence 2023 Tour de Tonka All Rides MHS CS RS-Orono RS- Waconia RS MME (2) RS-Chaska RS-Exc. 100 & 71-milers 100 & 71-milers 16-milers 30 & 36-milers 30 & 36-milers 10 43 16-mile 30-mile 36-mile 47-mile 71-mile 100-mile Ride Headquarters (952) 401-6800 *routes are subject to change Emergency –Call 911 6 6 10 100, 71 & 47-milers Excelsior Minnetonka 100, 71-milers 100-milers 32 RS-Delano 30 16 27 10 71-milers 135 Dell Road Pioneer Trail Baker Rd. 100-milers 47-milers Attention Riders: •TDT is NOT a race, it is a ride. Ride safe and respectfully. •Do not cross the center line. •TDT helmet stickers and wristband must be worn at all times. Construction Note: TBD 7:00 a.m.71 & 100-mile start at Clear Springs Elementary 7:30 a.m.16, 30, 36, 47-mile start at Minnetonka High School RS- Mound RS-Eden Prairie 47-milers Marsh Lake Rd. Audubon Rd. 71-milers RS- Winsted To register or volunteer go to: www.tourdetonka.org (952) 401-4157 CITY COUNCIL AGENDA SECTION: Proclamations and Presentations DATE: June 13, 2023 DEPARTMENT / DIVISION: Jay Lotthammer, Director, Parks and Recreation ITEM DESCRIPTION: Donation from Humana to Senior Center’s Golf Classic ITEM NO.: IV.E. Requested Action Move to: Adopt Resolution accepting the donation of $250 from Humana to Senior Center’s Golf Classic. Synopsis Donations such as this allow the Senior Center to offer special events at low or no cost to residents. Background The Eden Prairie Senior Center, when fully operational, generates several hundred visits per week for drop-in programs, enrichment classes, fitness opportunities and social events. Prior to the pandemic, participation had shown significant annual growth and the community’s use of this resource is expected to continue to increase in the coming years. The mission of the Eden Prairie Senior Center is to provide for social, recreational, educational, psychological, and physical needs; enhance the visibility of older adults; and promote their participation in all aspects of community life. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2023-___ RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City of $250 to be used towards various Senior Center’s Golf Classic from the Humana is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 13th day of June, 2023. ___________________________ Ronald A. Case, Mayor ATTEST: ___________________________ Nicole Tingley, City Clerk CITY COUNCIL AGENDA SECTION: Proclamations / Presentations DATE: June 13, 2023 DEPARTMENT/DIVISION: Jay Lotthammer, Director, Parks and Recreation ITEM DESCRIPTION: Donations from Summit Place for Senior Center Events ITEM NO.: IV.F. Requested Action Move to: Adopt the Resolution accepting the contribution in the amount of $50 for Senior Center September Bingo and $250 for the Holiday Lunch from Summit Place. Synopsis The Eden Prairie Senior Center serves area seniors with drop-in programs, lifelong learning classes, fitness opportunities, social events, and trips. Participation continues to grow significantly, and the community’s use of this resource is expected to increase in the coming years with the number of aging adults increasing in this community. The mission of the Eden Prairie Senior Center is to provide for social, recreational, educational, psychological and physical needs; enhance the visibility of older adults; and promote their participation in all aspects of community life. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2023- __ RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City in the amount of $50 for Senior Center September Bingo and $250 for the Holiday Lunch from Summit Place is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 13th day of June, 2023. ___________________________ Ronald A. Case, Mayor ATTEST: __________________________ Nicole Tingley, City Clerk UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, MAY 16, 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 QUALITY OF LIFE SURVEY RESULTS City Manager Rick Getschow noted the City does a biennial, statistically significant survey of our residents. The results of the survey are an important factor in building the annual City Work Plans. Kim Daane, a Survey Research Associate with Polco/National Research Center (NRC), stated Polco/NRC has the largest benchmark database of its kind in the country with more than 500 comparison communities across the nation; and utilizes state, regional, and national benchmark comparisons in addition to comparisons to the City’s own past survey results. Daane stated this is the ninth iteration of the Eden Prairie Quality of Life Survey. She presented the survey methods for the 2023 iteration, explaining Polco/NRC employed a hybrid mailing approach, sending 2,000 randomly selected households in Eden Prairie with multi-part mailings. They received 452 responses through the mail. An open participation online survey received 716 responses. A total of 1,168 responses were received. After weighting the mail in and open participation responses separately, both method data sets were similar enough that they could be combined. All mailings contained instructions in English, Spanish, and Somali languages. The results are statistically weighted to reflect Eden Prairie demographics, presenting a 95 percent confidence interval with a plus/minus three percent margin of error. Councilmembers Narayan and Nelson inquired about ratio of mailings to single- and multi-family dwellings and if data measures analyzed home prices. Daane responded that the report does include breakdowns based on single- and multi- family homes, and that there are breakdowns based on household income and numerous other household demographics, but not home price. It was also pointed out that Polco oversamples multi-family homes due to the expectation of higher response rates from single-family homes. Daane began by comparing Eden Prairie’s results to those from communities around the country with populations over 15,000. Of the items available for national benchmarking against the nationwide sample, 47 items received higher ratings in Eden Prairie; 19 received similar ratings; City Council Workshop Minutes May 16, 2023 Page 2 and zero received lower ratings. Several items received much higher ratings in Eden Prairie, at least 20 points over the average/benchmark which included overall ease of getting where you are going, ease of public parking, availability of paths and walking trails, City planning services, and preservation of natural areas. Getschow added that for the preservation of natural areas, Eden Prairie ranks first in Minnesota and third out of 274 cities nationally. Compared to benchmarks in North Central Region communities with populations over 15,000, Eden Prairie received 31 ratings higher than the benchmarks; 32 similar ratings; and zero lower ratings. Compared to Minnesota community benchmarks, 25 received higher ratings; 38 received similar ratings; and zero received lower ratings. Senior programs and services in Eden Prairie were rated much higher than the Minnesota community benchmark. Getschow prefaced some results from the 2023 survey, stating that Eden Prairie did drop in many areas compared to itself in 2020, but did not drop compared to other cities. It was questioned if this was a trend across the country, to which Daane replied that this is absolutely a trend everywhere else as well. Getschow used City planning services as an example; compared to itself in 2020, Eden Prairie’s rating of this service dropped slightly but went up to number one in the nation. Getschow recommended council consider our ranking compared to benchmarks, which have increased, rather than dwell on small decreases compared to 2020 which are on par with national trends. Compared to the previous survey year in Eden Prairie, 12 areas had higher ratings; 139 received similar ratings; and 34 received lower ratings. Daane pointed out the unique situation Covid-19 created in 2020 and the nationwide trend of ratings peaking during the pandemic when trust in local government was very high. Daane stated Eden Prairie continues to be a highly desirable and safe place to live. 92 percent of residents think the quality of life in Eden Prairie is excellent or good. This rating is higher than national and regional benchmarks. Nine in ten residents positively rated the City as a place to live, raise children, and their neighborhood as a place to live. The City as a place to live and raise children was rated higher than national and regional benchmarks. Eden Prairie 86 percent positively rated Eden Prairie as a place to work, which is higher than national, regional, and Minnesota benchmarks. Residents continued to rate safety-related aspects characteristics high, with few crime-related concerns. 92 percent of residents rated the overall feeling of safety in Eden Prairie as excellent or good. Over eight in ten gave excellent or good ratings to safety in their neighborhoods; parks and open spaces; paths or walking trails; retail parking lots; and the Eden Prairie Center mall. In response to what residents considered problems in the community, one third indicated traffic speeding was a moderate, major, or extreme problem. 24 percent said vandalism and property crimes; 21 percent said youth crimes; and 20 percent stated drugs and sign violations as a problem. Daane stated the next key finding that City services continue to be highly ranked among peers. Nine in ten rated overall quality of City services excellent or good. Two thirds of residents said the value of City services, considering the property taxes they pay, are excellent or good. At least nine in ten positively rated Police services, Fire services, park maintenance, Hennepin Healthcare EMS response time, Fire Department response time, water and sewer services, and overall customer service by City employees. The lowest rated services, traffic signal timing and neighborhood sidewalks, were still rated excellent or good by two thirds of residents. As in previous years, the vast majority of Eden Prairie services are ranked higher or much higher than all benchmark City Council Workshop Minutes May 16, 2023 Page 3 comparison groups, and no city services were lower than the benchmarks. Nine in ten residents rated overall quality of police services as excellent or good, which is higher than the national and regional benchmarks. One quarter of residents said they had contact with the Police Department in the year prior to the survey, with the most popular situations for Police interaction occurring during Eden Prairie Night to Unite and other Community programs adding up to 44 percent of interactions; and 17% said they had contact with the Police while reporting a crime. 90 percent rated the quality of contact with the Police Department as excellent or good. Daane detailed the various City services which received lower ratings than the previous EP survey. Again, it was pointed out that while numbers may have seen a statistically significant decline, the numbers are still frequently higher than national, regional, and Minnesota benchmarks. These services which declined include trail maintenance, recreation centers or facilities, recreation services, preservation of natural areas, emergency management, building inspections, streets in your neighborhood, City engineering services, utility billing, asphalt trails in your neighborhood, assessing services, housing and community services, and sidewalks in your neighborhood. It was also pointed out that this iteration of the survey was administered deep into the winter season, whereas typically the survey has taken place before the winter months; this could potentially have also contributed to these datasets. These numbers are compared to 2020, which Daane noted could potentially be marked with an asterisk in the future due to the extenuating circumstances and the trend of uniquely high ratings of local government trust. Discussion ensued related to circumstances that drive data, from actual difference in services to attitudes during the winter and during the pandemic. Daane pointed out several amenities which received significant decreases in ratings nationwide which were availability of affordable quality food, healthcare, mental healthcare, and preventative health services. 84 percent of residents strongly or somewhat support the City continuing to operate municipal liquor stores, and about half of residents have visited an Eden Prairie liquor store in the last twelve months. Various aspects of municipal liquor stores in Eden Prairie continue to trend upward, including a 96% rating for courtesy and friendliness of staff. Daane then discussed resident contact with City departments, stating 24 percent of contact occurred with the Eden Prairie Community Center. The Police Department was the next most contacted department with 23 percent of resident contact. Other most frequently contacted, in order, were utilities and water, recreation, general information, building inspections, and utility billing. Most residents are pleased with their contact with City employees, with overall customer service rating higher than national and regional benchmarks at 92 percent. Knowledge, courtesy, and responsiveness were also rated over 90 percent. Eden Prairie’s natural environment, parks, and recreation opportunities are valued by residents in a big way. When asked in an open-ended question to state their favorite thing about Eden Prairie, one third of residents mentioned parks, trails, and recreation centers. Additionally, in the same question, 12 percent made comments about open space, nature and wildlife. 92 percent rate the overall natural environment as excellent or good. Residents also rated very highly the air quality, availability of paths and walking trails, cleanliness, overall appearance, and fitness opportunities. Almost all categories were higher than state, regional, and national benchmarks. City Council Workshop Minutes May 16, 2023 Page 4 Daane stated residents are familiar with and see the value of sustainability. A new question in this iteration of the survey, residents were asked about their familiarity with various sustainability strategies. Strategies such as composting, reduction of energy use, electric vehicles, home energy audits, solar electricity, renewable energy utility programs, electrification of homes switching from natural gas. Daane then discussed respondents’ likelihood of implementing sustainable strategies. all areas ranked between approximately 41 and 54 percent; and installation of on-site solar rated lowest at 34 percent of respondents already completed or very likely to complete. Getschow noted the reason these questions were added to the survey are based on tracking the traction of the City’s very intentional push to deliver information and familiarity of sustainable topics and methods. To summarize the key findings of the 2023 Eden Prairie Quality of Life survey, Daane stated that Eden Prairie is a highly desirable and safe place to live; City services continue to be highly ranked among peers; Eden Prairie’s natural environment, parks, and recreation opportunities are valued by residents; and residents are familiar with and see the value of sustainability. Open Podium - Council Chamber (6:30) I. OPEN PODIUM III. ADJOURNMENT UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, MAY 16, 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 City Attorney Maggie Neuville I. CALL THE MEETING TO ORDER Mayor Case called the meeting to order at 7:00 PM. All Council Members were present. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS / PRESENTATIONS A. HERITAGE PRESERVATION AWARD Getschow introduced the item and invited Heritage Preservation Commission Chair, Rod Fisher, to continue the presentation. Heritage Preservation Commission Chair Rod Fisher explained the Heritage Preservation Award, which recognizes an individual, family or business that has gone beyond their usual responsibilities to promote, preserve, rehabilitate, or restore Eden Prairie's heritage resources. The recipient of the 2023 Heritage Preservation Award is Katie Qualey. Mr. Fisher summarized her contributions. Case presented the award to Katie. He explained why preserving the heritage and culture of Eden Prairie is important. B. 2022 QUALITY OF LIFE SURVEY RESULTS Getschow explained the survey is done regularly. The Council received more detailed information at a work session. He invited Polco representative Kim Daane to present the survey results. CITY COUNCIL MINUTES May 16, 2023 Page 2 Kim Daane summarized the role of Polco and the National Research Center. Polco has an extensive benchmarking database. She explained the survey was the ninth time conducting the Eden Prairie quality of life survey. A hybrid mailing approach was used. The results were statistically weighted to reflect Eden Prairie. Ms. Daane noted Eden Prairie received higher or equal ratings to all comparison benchmarks. She noted the senior services received particularly positive results. In comparison to Eden Prairie’s previous results, there were some lower ratings. Case pointed out the categories that received lower ratings went down much higher in any benchmark comparison locations. Ms. Daane stated the key findings show Eden Prairie is a highly desirable and safe place to live. A large majority stated they would recommend living in Eden Prairie and conducting business in Eden Prairie. Favorite components of living Eden Prairie include safety throughout the community. Ms. Daane stated City services ranked highly overall. There were slight decreases in approval quality. The trends were seen throughout the country, but Eden Prairie still had higher ratings than benchmark comparisons. Ms. Daane pointed out almost all residents ranked the overall natural environment as excellent or good, which is higher than all benchmarks. About 9 in 10 residents reported using local parks. In all, Eden Prairie’s natural environment, parks, and recreation opportunities are valued by residents. Ms. Daane added residents are familiar with and value sustainability. There was also a question about likelihood of implementation strategies regarding sustainability. Narayanan asked if it is the first year the survey was offered in more languages. Getschow stated the City put much more effort into ensuring surveys were available in more languages. Narayanan pointed out he is proud that Eden Prairie consistently rates higher than benchmarks. The community feedback is a driving force for efforts of the Council. He thanked residents for the time they took to complete the survey. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Toomey moved, seconded by Freiberg, to approve the agenda as published. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MAY 02, 2023 CITY COUNCIL MINUTES May 16, 2023 Page 3 B. CITY COUNCIL MEETING HELD TUESDAY, MAY 02, 2023 MOTION: Narayanan moved, seconded by Nelson, to approve the minutes of the Council workshop held Tuesday, May 2, 2023, and the City Council meeting held Tuesday, May 2, 2023, as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK’S LIST B. HOLIDAY INN EXPRESS POOL ADDITION BY MICHAEL MONN ARCHITECTS. SITE PLAN REVIEW ON 2.99 ACRES (Resolution No. 2023-52) C. APPROVE NEW HERITAGE PRESERVATION COMMISSION CHAIR D. APPROVE CONTRACT WITH MINNESOTA NATIVE LANDSCAPES FOR EDENBROOK CONSERVATION AREA WOODLAND ENHANCEMENT E. APPROVE PROFESSIONAL SERVICE AGREEMENT WITH BRAUN FOR 2023 PAVEMENT REHAB PROJECT F. AWARD CONTRACT FOR 2023 PAVEMENT REHAB PROJECT TO BITUMINOUS ROADWAYS, INC. MOTION: Freiberg moved, seconded by Toomey to approve Items A-F on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS / MEETINGS A. ADOPT RESOLUTION NO. 2023-53 VACATING PT OF L1 AND L2, B1, VICTORY LUTHERAN CHURCH ADDITION DRAINAGE AND UTILITY EASEMENTS Getschow stated the applicant have requested a lot line adjustment of Lots 1 and 2, Block 1, Victory Lutheran Church 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. Bev Aho, legal representative of Brad and Kathy Irving of 16026 Lakeshore Drive, explained the process the applicant went through to make the request. CITY COUNCIL MINUTES May 16, 2023 Page 4 MOTION: Nelson moved, seconded by Freiberg, to close the public hearing, and to adopt Resolution No. 2023-53 vacating drainage and utility easements. Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Toomey 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 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 Case noted Administrative Support Specialist Kelsey Engelen will be moving into a new role with the City of Minnetonka. He thanked her for her time serving Eden Prairie. Case asked for Getschow to provide more insight to National Police Week. Getschow summarized the role of Eden Prairie law enforcement at local memorial posts. National Police Week is recognized May 14, 2023-May 20, 2023. Case thanked Eden Prairie Police Department for their service to the community. CITY COUNCIL MINUTES May 16, 2023 Page 5 XVI. ADJOURNMENT MOTION: Narayanan moved, seconded by Nelson, to adjourn the meeting. Motion carried 5-0. Mayor Case adjourned the meeting at 7:40 p.m. Respectfully submitted, _________________________ Nicole Tingley, City Clerk - 1 - CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: June 13, 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 Temporary Liquor Organization: City of Eden Prairie / EP Liquor Event: Concert in the Park Date: June 29, 2023 Place: Staring Lake Park 14800 Pioneer Trail Temporary Liquor Organization: City of Eden Prairie / EP Liquor Event: Concert in the Park Date: July 14, 2023 Place: Staring Lake Park 14800 Pioneer Trail Temporary Liquor Organization: City of Eden Prairie / EP Liquor Event: Arts in the Park Date: August 19, 2023 Place: Purgatory Creek Park 13001 Technology Drive On-Sale and Sunday Liquor License 2AM Closing Permit - Renewal Famous Craft Concepts, LLC DBA: Champps 8010 Glen Lane New Liquor License – New Ownership Licensee name: KZB Hospitality LLC (Formerly Pars Food Services, Inc ) DBA: Brazin Public House 6399 City West Parkway Approval is contingent upon receiving approval by MN Department of Public Safety – Alcohol & Gambling Enforcement and Hennepin County Health. CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: June 13, 2023 DEPARTMENT/DIVISION: Rick Getschow, City Manager ITEM DESCRIPTION: Resolution approving participation in the Performance Measurement Program established by the Council on Local Results and Innovation ITEM NO.: VIII.B. Requested Action Move to: Adopt the resolution approving participation in the performance measurement program established by the Council on Local Results and Innovation. Synopsis The City of Eden Prairie has already implemented the required 10 measures with the majority of them coming from the Quality of Life Survey. This resolution is a formality to adopt the measures and approve using results we already have for a state program in order to receive financial benefit. Background In February 2012, the Council on Local Results and Innovation created a voluntary performance measurement program. Requirements of the program include officially adopting and implementing the ten minimum performance measures, reporting the results to the residents through at least one of the following means: publication, direct mailing, posting on the entity's website, or through a public hearing at which the budget and levy will be discussed and public input allowed, and submission of the resolution and results to the Office of the State Auditor. Benefits to the City of Eden Prairie for participation include a reimbursement of $0.14 per capita annually and exemption from levy limits for taxes, if levy limits are in effect. The intention is to use the funds to support participation in the ICMA Insights performance management and analytics program. This will help staff to advance our current goals and results performance measures increasing transparency. Attachments Resolution Performance Measurement Report Submittal List of Standard Measures for Cities CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2023-__ RESOLUTION APPROVING PARTICIPATION IN THE PERFORMANCE MEASUREMENT PROGRAM ESTABLISHED BY THE COUNCIL ON LOCAL RESULTS AND INNOVATION WHEREAS, the Council on Local Results and Innovation established by the Minnesota Legislature has implemented a voluntary performance measurement and reporting program; and WHEREAS, benefits to the City of Eden Prairie for participation include a reimbursement of $0.14 per capita annually and exemption from levy limits for taxes, if levy limits are in effect; and WHEREAS, the Council on Local Innovations and Results has established a standard set of measures for cities to adopt and report; and WHEREAS, the City has adopted and implemented at least 10 of the measures in order to satisfy the program’s requirements. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that the City of Eden Prairie will report any updates of the performance measures to its citizenry by the end of the year through publication, direct mailing, posting on the city’s/county’s website, or through a public hearing at which the budget and levy will be discussed and public input allowed. BE IT FURTHER RESOLVED, the City Council of Eden Prairie will submit to the Office of the State Auditor the actual results of the performance measures adopted by the City. ADOPTED by the Eden Prairie City Council on the 13th day of June, 2023. _________________________ Ronald A. Case, Mayor ATTEST: __________________________ Nicole Tingley, City Clerk Performance Measurement Program Report City of Eden Prairie 6/13/2023 General Measure Result Notes Rating of the overall quality of Eden Prairie services Excellent- 42% Good- 43% Fair- 10% Poor- 1% Don’t Know- 4% 2023 Quality of Life Survey- 1123 Reponses Citizens’ rating of the overall appearance of the city Excellent- 52% Good- 40% Fair- 7% Poor- 1% Don’t Know- 0% 2023 Quality of Life Survey- 1153 Responses Bond Rating Aaa AAA Moody’s Investors Service Standard & Poor’s Rating Services Citizens’ rating of the quality of city recreational programs and facilities Recreation services (programs and classes) Excellent- 41% Good- 34% Fair- 10% Poor- 3% Don’t Know- 13% Recreation centers or facilities Excellent- 43% Good- 35% Fair- 11% Poor- 2% Don’t Know- 10% 2023 Quality of Life Survey- Recreation services 1127 responses 2023 Quality of Life Survey- Recreation centers or facilities 1138 responses Police Services Measure Result Notes Citizens’ rating of safety in community (Overall feeling of safety in Eden Prairie) Excellent- 49% Good- 43% Fair- 7% Poor- 1% 2023 Quality of Life Survey- 1156 responses Don’t Know- 0% Part I and II Crime Rates 3,117 Crime rate per 100,000 population for Part I and Part II Crimes Fire & EMS Services Measure Result Notes Citizens’ rating of the quality of fire protection services Excellent- 51% Good- 25% Fair- 3% Poor- 0% Don’t Know- 21% 2023 Quality of Life Survey- 1137 responses Streets Measure Result Notes Citizens’ rating of the quality of city streets as a whole Excellent- 29% Good- 54% Fair- 14% Poor- 2% Don’t Know- 0% 2023 Quality of Life Survey- 1132 responses Citizens’ rating of the quality of snow removal on city streets Excellent- 48% Good- 37% Fair- 11% Poor- 3% Don’t Know- 1% 2023 Quality of Life Survey- 1140 responses Average City Street Pavement Condition Rating 86 Water Measure Result Notes Citizens’ rating of the quality of the city’s drinking water Excellent- 41% Good- 37% Fair- 15% Poor- 3% Don’t Know- 4% 2023 Quality of Life Survey- 1128 responses Sanitary Sewer Measure Result Notes Citizens’ rating of the quality of water and sewer services Excellent- 37% Good- 45% Fair- 8% 2023 Quality of Life Survey- 1128 responses Poor- 1% Don’t Know- 10% General Police Services Fire& EMS Services Streets Water Sanitary Sewer Standard Measures for Cities 1. Rating of the overall quality of services provided by your city (survey data, provide 'Example of responses: excellent, good, fair, poor year completed and total responses) 2. 3. 4.* S.* 6.* 7. Percent change in the taxable property market value Citizens' rating of the overall appearance of the city (survey data, provide year completed and total responses) Nuisance code enforcement cases per 1,000 population Number of library visits per 1,000 population Bond rating Citizens' rating of the quality of city recreational programs and facilities (survey data, provide year completed and total responses) 8. * I Accuracy of post election audit(% of ballots counted accurately) 9. I Part I and II Crime Rates 10. • I Part I and II Crime Clearance Rates County assessor's office data Example of responses: excellent, good, fair, poor (Number of cases I Population) x 1,000 =cases per 1,000 population (Number of visits/ Population) x 1,000 =visits per 1,000 population Standard & Poor's Ratings Services or Moody's Investor Services Example of responses: excellent, good, fair, poor Submit data as reported by the Minnesota Bureau of Criminal Apprehension Submit data as reported bv the Minnesota Bureau of Criminal Apprehension 11. Citizens' rating of safety in their community (survey data, provide year completed I Example of responses: very safe, somewhat safe, neither safe nor unsafe, somewhat and total responses) unsafe, very unsafe 12. Averal!e police response time !Average time it takes to respond to top pri_()rity calls fr()m dispatch to officer on scene. 13. I Insurance industry rating of fire services Insurance Service Office (ISO) Rating. The ISO issues ratings to fire departments throughout the country for the effectiveness of their fire protection services and equipment. ISO analyzes data and then assigns a classification from 1to10. Class 1 represents superior property fire protection and Class 10 indicates that the area's fire suppression program does not meet ISO's minimum criteria. 14. Citizens' rating of the quality of fire protection services (survey data, provide year 'Example of responses: excellent, good, fair, poor completed and total responses) 15. !Average fire response time 16.* I Fire calls per 1,000 population 17. * I Number of fires with loss resulting in investigation 18.* IEMScallsperl,OOOpopulation 19. I Emergency Medical Services average response time 20. !Average city street pavement condition rating Average time it takes from dispatch to apparatus on scene for calls that are dispatched as a possible fire (Number of calls I population) x 1,000 =calls per 1,000 population (Number of calls I population) x 1,000 =calls per 1,000 population Average time it take~ from dispatch to arrival of EMS Provide average rating and the rating system program/type. Example, 70rating on the Pavement Condition Index (PCI). 21. Citizens' rating of the road conditions in their city (survey data, provide year I Example of responses: excellent, good, fair, poor. Alternatively: good condition, mostly completed and total responses) good condition, many bad spots 22.* 23.* 24.* 25. 26. Expenditures for road rehabilitation per paved lane mile rehabilitated (jurisdiction !Total cost for rehabilitations/ lane miles rehabilitated onlvroads) Percentage of all jurisdiction lane miles rehabilitated in the year jLane miles rehabilita_ted in year I total number of lane miles Average hours to complete r<>_ad system during snow event Citizens' rating of the quality of snowplowing on city streets (survey data, provide 'Example of responses: excellent, good, fair, poor Citizens' rating of the dependability and quality of the city water supply (survey data, provide y~r completecl_and total responses) Example of responses: excellent, good, fair, poor 27. I Operating cost per 1,000,000gallons of water pumped/produced Centrally provided system: (actual operating expense for water utility I (total gallons pumped/ 1,000,000)) =cost per million 28. Citizens' rating of the depend,ability and quality of city sanitary sewer service (Provide year completed and total responses) 29'. !Number of sewer blockages C>n city syst;fi!'per 100 connection~ Example of responses: excellent, good, fair, poor Centrally provided system: (Number of blockages I number of connections) x 100 = blockages per 100 connections'. *New or amended measure CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: June 13, 2023 DEPARTMENT / DIVISION: Administration Rick Clark, Facilities ITEM DESCRIPTION: Fire 3 Seal Apparatus Bay Floor ITEM NO.: VIII.C. Requested Action Move to: Award the contract to Surface Pros to seal Fire 3 apparatus bay floor with a quartz polyurea coating for $41,899.28 Synopsis The City of Eden Prairie participates in the State of Minnesota Cooperative Purchasing Venture (CPV). Surface Pros was awarded contract F-503(5) on September 4th, 2020. Use of the cooperative purchasing contract enables the City to save time and money for purchases of equipment and installations under price terms already negotiated by the State of Minnesota. Background As part of the 2023 Capital Improvement Plan the coated flooring in the apparatus bay of the Fire Station is in need of replacement. The coating was installed in 2009. The coating of the floor is currently peeling, chipping and ultimately failing in areas as it is passed its expectancy and warranty of 5 years. The purpose of the floor coating is not only for aesthetics but protects the concrete flooring from chipping cracking and needing replacement prematurely. The selected coating will have a 10-year product warranty with polyurea selected over epoxy for its chemical resistance, flexibility and durability. Attachment Agreement for Contract Services with Surface Pros CITY COUNCIL AGENDA SECTION: Consent Agenda DATE: June 13, 2023 DEPARTMENT/DIVISION: Joe Dusek Public Works/Utilities ITEM DESCRIPTION: Approve Agreement for Professional Services with AE25 for Electrical and Controls Rehabilitation for the Well House # 5 Reconstruction Project. ITEM NO.: VIII.D. Requested Action Move to: Approve Professional Engineering Services Agreement for Well House No. 5 Electrical and Controls Rehabilitation in the amount of $21,600.00. Synopsis The purpose of the professional services agreement with Advanced Engineering and Environmental Services, LLC is to provide design, bidding, and construction management for the electrical and controls portion of 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 Advanced Engineering and Environmental Services, LLC Justin Klabo Operations Manager CITY COUNCIL AGENDA SECTION: Consent Agenda DATE: June 13, 2023 DEPARTMENT/DIVISION: Lori Haak Public Works / Engineering ITEM DESCRIPTION: IC# 23823 Approve Professional Services Agreement with Stantec for Phase 10 Pond Inventory and Inspection Program ITEM NO.: VIII.E. Requested Action Move to: Approve the Professional Services Agreement for the Phase X Pond Inventory and Inspection Program with Stantec, Inc., for $99,310. Synopsis The proposal from Stantec is to provide an inventory of the stormwater ponding system within the eastern subwatersheds of Bryant Lake. The inventory will be used to select projects to improve the stormwater treatment system for Bryant Lake. This project is the next step towards completing the citywide stormwater treatment inventory required by our Stormwater Permit Program. The cost of pond inventory will be paid out of the stormwater utility. Background Information The City has been working on inventorying our stormwater system since 2003. The current inspection program includes visual inspection of stormwater treatment areas (including lakes, ponds, wetlands, ditches, raingardens, drainage swales and creek segments) to identify problems that require repair. The scope of work to complete the inventory was approved by the Minnesota Pollution Control Agency on April 18, 2011. The City has identified approximately 82 basins (ponds or wetlands modified to treat stormwater) that will require analysis within this study area. The services Stantec will provide include items such as the following: • Survey current depth and bathymetric contours for each selected water body. • Develop models (P8 and BATHTUB) to evaluate the watershed and stormwater runoff entering the study area. • Compare existing conditions with as-built information. • Calculate the removal efficiency (%) for phosphorus and sediment. • Determine which water bodies need sediment removal or other maintenance. • Determine whether opportunities exist to upgrade functionality of the stormwater treatment system that may benefit the creek or lake. The estimated cost for this phase based on evaluating 82 ponds is $99,310. This price assumes that the City will provide an intern to help with the fieldwork. Costs will be paid from the storm water utility fund. Attachments Agreement 2021 04 22 Version 2021 04 22 Agreement for Professional Services This Agreement (“Agreement”) is made on the th day of June 2023, between the City of Eden Prairie, Minnesota (hereinafter “City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Stantec Consulting Services, Inc. (“Consultant”), a Minnesota corporation (hereinafter “Consultant”) whose business address is 2345 Rice Street, Suite 230, Roseville, MN 55113. 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 East Bryant Lake Watershed Inventory and Assessment hereinafter referred to as the “Work”. The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit A (Proposal dated May 24, 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 June 15, 2023 through March 31, 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 $ 99,310.00 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, pandemics, fires, acts of God, Page 2 of 10 2021 04 22 governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: a. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. b. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. c. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. d. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: a. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City’s project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. b. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on Page 3 of 10 2021 04 22 Exhibit A performed prior to receipt of written notice from the City of such suspension. c. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City. d. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: “I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid.” 6. Project Manager and Staffing. The Consultant shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the Project Manager without the approval of the City. 7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein. 9. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The Page 4 of 10 2021 04 22 minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 10. Independent Consultant. Consultant is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Consultant and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Consultant an employee of the City. 11. Insurance. a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. If Consultant’s insurance does not afford coverage on behalf of subcontractors, Consultant must require and verify that all subcontractors maintain insurance meeting all the requirements of this paragraph 11, and Consultant must include in its contract with subcontractors the requirement that the City be listed as an additional insured on insurance required from subcontractors. In such case, prior to a subcontractor performing any Work covered by this Agreement, Consultant must: (i) provide the City with a certificate of insurance issued by the subcontractor’s insurance agent indicating that the City is an additional insured on the subcontractor’s insurance policy; and (ii) submit to the City a copy of Consultant’s agreement with the subcontractor for purposes of the City’s review of compliance with the requirements of this paragraph 11. c. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations Page 5 of 10 2021 04 22 Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 d. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products- completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. e. Professional Liability Insurance. In addition to the coverages listed above, Consultant shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. It shall be Consultant’s responsibility to pay any retention or deductible for the professional liability insurance. Consultant agrees to maintain the professional liability insurance for a minimum of two (2) years following termination of this Agreement. f. Consultant shall maintain “stop gap” coverage if Consultant obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. g. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations. h. All policies, except the Professional Liability Policy, shall apply on a “per project” basis. i. All General Liability policies, Automobile Liability policies and Umbrella policies shall contain a waiver of subrogation in favor of the City. j. All policies, except for the Worker’s Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. k. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. The Professional Page 6 of 10 2021 04 22 Liability policy shall insure the defense and indemnity obligations assumed by Consultant under this Agreement except with respect to the liability for loss or damage resulting from the negligence or fault of anyone other than the Consultant or others for whom the Consultant is legally liable. l. Consultant agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. m. It shall be Consultant’s responsibility to pay any retention or deductible for the coverages required herein. n. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non- renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City. o. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. p. A copy of the Consultant’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant’s Work. Upon request a copy of the Consultant’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City’s right to enforce the terms of Consultant’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. q. Effect of Consultant’s Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the Page 7 of 10 2021 04 22 negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 12. Indemnification. Consultant will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Consultant, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Consultant, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Consultant harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 13. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement (“Information”) shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement (“Project”) does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for Page 8 of 10 2021 04 22 mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Page 9 of 10 2021 04 22 Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to Page 10 of 10 2021 04 22 examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar Data Practices Act compliance language. 30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE _________________________________________ Mayor _________________________________________ City Manager CONSULTANT _______________________________________ By: Its: Stantec Consulting Services Inc. 733 Marquette Avenue Suite 1000 Minneapolis MN 55402-2309 May 24, 2023 Lori Haak Water Resources Coordinator 8080 Mitchel Road Eden Prairie, MN 55344 Dear Ms. Haak, Reference: Phase 10 Basin Inventory and Assessment Thank you for this opportunity to present this proposal to the City of Eden Prairie for Phase 10 Basin Inventory and Assessment. Stantec is excited to help the City with assessing stormwater basin functionality in the East Bryant Lake watersheds. Our team has considerable experience in providing the necessary GIS, inspection, modeling, and reporting services for this project. Stantec will continue to build on the previous 9 phases of the inventory and assessment by identifying maintenance needs and opportunities for stormwater improvements. Stantec’s team consists of well qualified engineers and scientist that are responsive to the City’s needs. Thank you again for the opportunity to continuing to work with the City of Eden Prairie. Attached is our proposed scope of services, schedule, and cost estimate to complete Phase 10. On behalf of Stantec, thank you for this opportunity to continue to serve the City of Eden Prairie. If there are any questions related to this proposal, don’t hesitate to call 736-252-6877 or email anne.wilkinson@stantec.com. Sincerely, Anne Wilkinson PhD Water Resources Engineer Phone: (763) 252-6877 anne.wilkinson@stantec.com Attachments: Phase 10 Scope of services Stantec Consulting Services Inc. 733 Marquette Avenue Suite 1000 Minneapolis MN 55402-2309 Project Understanding and Assumptions PROJECT UNDERSTANDING Stantec understands the Phase 10 Basin Inventory and Maintenance Assessment includes subwatersheds contributing to Bryant Lake. Figure 1 shows the survey area along with the basins to be surveyed. Previously Stantec, has worked with the City of Eden Prairie on nine previous phases of the Basin Inventory and Maintenance Assessment. The phases include: • Staring Lake (Phase I) • Red Rock Lake and Duck Lake (Phase II) • Eden Lake and Neill Lake (Phase III) • Lower Riley Creek (Phase IV) • Mitchell Lake (Phase V) • Lake Riley and Rice Marsh Lake (Phase VI) • Round Lake (VII) • Lake Smetana (VIII) • Birch Island Lake and West Bryant Lake (IV) The proposed tenth phase of the project will follow a similar approach to the previous Phases. Stantec Consulting Services Inc. 733 Marquette Avenue Suite 1000 Minneapolis MN 55402-2309 ASSUMPTIONS Stantec assumes the following for this project: • One (1) Stantec team member will conduct the bathymetric, field surveys, and documenting maintenance needs using the City’s inspection forms. • The Stantec staff will be accompanied by the City’s water resources intern. We did assume 2 days for a second Stantec team member for field work if the intern(s) have ended their term and additional field work is needed. • Stantec will utilize the City’s MS4 inspection field application and Survey 123 forms. Stantec will obtain access to be able to login to the City’s web map to access the forms. o Following field surveys, Stantec will obtain records collected during field surveys to create a maintenance priority list. • Stantec will request as-built documents from the City and perform calculations on the design or as- built conditions. The City will provide the necessary drawings to Stantec for the basin analysis task. o Stantec will transcribe information from the as-builts and perform calculations (original as- built volumes and flood volumes) to include in the master inventory database. In previous inventory phases, a City intern has completed this task. • Stantec will receive the most current GIS files prior to starting the field surveys to determine if new basins were added. • Stantec will utilize an existing report template developed for the Birch Island Lake, Lake Smetana, Round Lake, and Lake Riley reports. • Stantec will develop a P8 model based on the data collected. Stantec Consulting Services Inc. 733 Marquette Avenue Suite 1000 Minneapolis MN 55402-2309 Scope of Services The scope of services for the Phase 10 Basin Inventory and Maintenance Assessment include: • Task 1 – Stormwater System Analysis • Task 2 – Sediment Survey • Task 3 – Basin Analysis • Task 4 – Reporting Requirements • Task 5 – Meetings & Project Management TASK 100 – STORMWATER SYSTEM ANALYSIS This task consists of identifying the basins the City is responsible for maintaining, selecting basins for further field evaluation, and delineating the subwatershed for each basin. (Throughout this proposal, we will refer to constructed stormwater ponds and stormwater wetlands collectively as “basins.”) Basin identification will be coordinated with City staff to determine which basins are located on City property, within City right-of-way, or under a drainage and utility easement. We expect to locate basins on City property and within City right-of-way using GIS-based parcel information from the City. We will continue collaborating with City staff in determining which basins may be under drainage and utility easements. The subwatersheds for each basin will be delineated using LiDAR contours and storm sewer information. There appears to be 82 basins in the East Bryant Lake watershed. Figure 1 (attached) provides an overview of watershed divisions and proposed basins to survey within each drainage area. The number of basins will be verified prior to field evaluations. This proposal effort assumes all of the basins will be included in the inventory. The breakdown of these basins are below. • Constructed Ponds: 27 • Infiltration Basins: 5 • Stormwater/Mitigation Wetlands: 28 • Wetlands: 22 Task 100 Deliverable: • Spreadsheet or database listing the water bodies/stormwater basins identified for inclusion in the project. • Watershed delineations of individual basins TASK 200.1 – FIELD SURVEYS For Task 200.1, Stantec will visually inspect and perform a bathymetric survey for each basin identified in Task 1. The inspection and survey for basins in the East Bryant Lake watershed will be conducted in summer and fall of 2023. The inspection and survey information will be used to determine if maintenance is required and assess the basin pollutant removal performance (Task 3). May 24, 2023 Lori Haak Page 5 of 8 Reference: Phase 10 Basin Inventory and Assessment Stantec will review or collect the following for each basin visual inspection: • Review storm sewer, grading, and utility plans available for each basin prior to field evaluation. If possible, these plans will be taken into the field with the inspector to allow for easy comparison between the proposed and constructed facilities. • Photograph basin features. • Identify and report plain-sight maintenance needs (i.e., erosion, accumulation of debris on trash racks, repairs to damaged structures) using the “Stormwater System Follow-Up Checklist”. Stantec will conduct the sedimentation survey using GPS survey equipment. The elevations for inlets and outlets, water surface elevation, and ground shots above the water surface elevation surrounding the pond will be surveyed using sub-centimeter grade GPS survey equipment. The permanent pool of the basin will be surveyed by measuring the depth of water at each measuring location and then the elevation will be determined by subtracting the depth from the water surface elevation. The sediment accumulation will be measured at each location by advancing a rod into the sediment until the depth of refusal (the original basin bottom). Each location of measurement will be surveyed with sub-meter grade GPS survey equipment. Expenses for this task include mileage, the GPS equipment, and the boat. Task 200.1 Deliverables: • Collect bathymetric data of stormwater ponds and wetlands • Manage survey data in a GIS environment • Document maintenance concerns using the City’s inspection forms TASK 200.2 – INFILTRATION TESTING During the initial screening of infiltration basins within the Bryant Lake watersheds, five (5) infiltration basins were identified. Stantec proposes to conduct infiltration tests on select basins. The preliminary basins selected for infiltration testing include 02-24-D, 02-11-E, 02-11-G, 02-11-I, and 02-14-J. The infiltration tests will be completed using a double-ring infiltrometer. The results of the infiltration tests will be presented in the final report. Expenses for this task include mileage and the infiltrometer. Task 200.2 Deliverables: • Conduct field infiltration test • Include infiltration test results in final report TASK 300 – BASIN ANALYSIS Task 3 analyzes the data collected from Task 2 to determine the sedimentation level, pollutant removal effectiveness of the basin, and, ultimately, which basins need sediment removal. The basin analysis for Phase 10 will be conducted in the fall of 2023 and continue through the spring of 2024. Stantec will use ESRI software to import the GPS survey data from the field evaluation to determine the degree of sediment deposition in each basin. The ArcGIS software will allow Stantec to calculate the May 24, 2023 Lori Haak Page 6 of 8 Reference: Phase 10 Basin Inventory and Assessment volume of the basin below any elevation. Therefore, we can quickly calculate the basin surface area, permanent pool volume, and live storage volume. From this information, we will then estimate the degree of sedimentation by comparing the volume to the design or as-built plans for each basin. Where design or as-built plans are not available, we will determine the degree of sedimentation using the probing rod results. Using the spreadsheet from Task 2, Stantec will calculate the water quality volume draining to the basin and the permanent pool volume within the basin. Flood elevations will be obtained from design plans or estimated using the top elevation of the basin. Stantec will prioritize basin maintenance and expansion projects based on the degree of sedimentation found in each pond, its hydrologic proximity to public waters, and the potential water quality benefits of increasing permanent pool volumes. The plain-sight maintenance needs identified during the field evaluation will be included in a separate prioritization that the city may wish to evaluate on a case-by-case basis and incorporate them into ongoing maintenance programs. Stantec will develop a P8 model based on the results from Task 2. The modelling results will be incorporated into the report and will be used to prioritize basin improvement projects. Task 300 Deliverables: • Expand the spreadsheet or database from Task 2 to include the calculated parameters from Task 3. • Develop a P8 model. • Prepare memo of results of P8 modeling. TASK 400 – REPORTING REQUIREMENTS Upon completion of the analysis, Stantec will complete a report to summarize the methods and results. The report will detail the methods of the field evaluation and analysis from Tasks 1-3, and highlight critical maintenance activities including individual basin sediment volumes. Plain-sight maintenance activities will be summarized using tables and figures rather than a detailed explanation for each individual basin visited during the field evaluation. The technical memorandum will present cost considerations for the recommended maintenance activities. Among these, dredging and disposal of sediment is likely the most costly. The cost estimates include construction costs (including mobilization, site preparation, sediment excavation and disposal, minor storm sewer or structural work, and erosion control), Laboratory analysis and results analysis, Level 2 sediment disposal costs according to the MPCA guidance, Engineering costs, and 20% contingency. Stantec will submit a draft technical report to City staff for review and approval prior to finalizing the report. We expect one meeting with City staff to present the results and recommendations of the study. Task 400 Deliverables: • Final spreadsheet or database including evaluated information for each basin. • All GIS files. May 24, 2023 Lori Haak Page 7 of 8 Reference: Phase 10 Basin Inventory and Assessment • Final report of survey results, maintenance recommendations, and water quality improvement opportunities. TASK 500 – MEETINGS & PROJECT MANAGEMENT Task 5 includes attendance at 1 project kickoff meeting, and project coordination time. This task also include project management activities for monthly invoicing. Task 500 Deliverables: • Attendance at 1 meeting to kick-off the project and discuss which ponds will be included in the field survey. Schedule and Cost Stantec anticipates the project will start after a signed contract following the June 13th City Council meeting. After receiving a signed agreement, Stantec will hold a project kickoff and task setting meeting with the City during the week following council approval. Table 1 identifies the general project tasks and the proposed timing of the tasks, assuming a signed agreement is received by the end of May. Stantec will perform the scope of work outlined above on a time and materials basis not to exceeded $99,310. Stantec will not exceed the amount in this contract without written consent from the City. In the event of out-of-scope work or additional requests from the City, Stantec will work with the City to develop a change in scope and additional budget needed to complete the task(s). Table 1 outlines the expected labor costs, reimbursable expenses, and equipment that will be utilized for this project. Table 1- Cost and Schedule for Phase 10 Inventory Task Number Task Name Start Date End Date Labor Cost Expenses Total 100 Stormwater System Analysis 6/15/2023 6/30/2023 $ 3,572 $ - $ 3,572 200.1 Sedimentation Survey 6/15/2023 10/30/2023 $ 47,785 $ 6,641 $ 54,426 200.2 Infiltration Test 6/15/2023 10/30/2023 $ 2,610 $ 100 $ 2,710 300 Basin Analysis 8/1/2023 11/30/2023 $ 26,823 $ - $ 26,823 400 Reporting 10/1/2023 3/31/2024 $ 9,009 $ - $ 9,009 500 Project Management 6/15/2023 3/31/2024 $ 2,770 $ - $ 2,770 Total $ 99,310 May 24, 2023 Lori Haak Page 8 of 8 Reference: Phase 10 Basin Inventory and Assessment Thank You! Stantec appreciates the opportunity to present this scope of work to the City of Eden Prairie. Stantec is committed to delivering the proposed scope of services on time and within budget. Should you have question on items presented in this proposal, please do not hesitate to call or email. Regards, Stantec Consulting Services Inc. Anne Wilkinson PhD, EIT Water Resources Engineer Phone: 763 252 6877 anne.wilkinson@stantec.com Joshua Accola PE, CFM Water Resources Engineer Phone: 952-334-1418 Joshua.accola@stantec.com If City of Eden Prairie, MN agrees with this proposal, City of Eden Prairie, MN shall authorize Stantec to perform the work. Attachment: Figure 1: Basins included in Phase 10 CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: June 13,2023 DEPARTMENT / DIVISION: Public Works Gerald Byington / Fleet Services ITEM DESCRIPTION: Purchase of Four Mohawk Portable Hoists from Gray Manufacturing ITEM NO.: VIII.F. Requested Action Move to: Authorize purchase of four Mohawk Lift portable hoists from Gray Manufacturing for $40,630.90. Synopsis These Mohawk Lift wireless portable floor hoists will replace in-floor hoists at the Maintenance Facility that have become inoperable due to their age and condition. These new floor hoists will also make the maintenance shop more efficient and safer for the technicians as they can be used in multiple areas of the shop. The hoists are available through a Sourcewell Cooperative Purchasing Venture contract using Gray Manufacturing (Sourcewell contract # 013020-MRL). Contract pricing for the four lifts is $40,630.90. This project has been programmed through CIP Project # 23-801 and is being funded with Capital Maintenance and Reinvestment and Fleet Internal Service funds. Attachments • Sourcewell Contract - Gray Manufacturing CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: June 13, 2023 DEPARTMENT/DIVISION: Scott Riley Public Works/Streets Division ITEM DESCRIPTION: Award Contract for County Road 62 Fence Replacement to Superior Fence & Rail Inc. ITEM NO.: VIII.G. Requested Action Move to: Award the Contract for replacement of approximately 250 Lineal Feet of old rotting fence along the County Road 62 corridor to Superior Fence & Rail Inc. Synopsis A request for quotes was sent out for the installation of approximately 250 LF. Two quotes were received on May 31, 2023, with Superior Fence & Rail Inc. as the low bid at $23,015.00 with the contract not to exceed $25,000.00. Bidder Estimate Sterling Fence Inc $23,458.00 Superior Fence & Rail Inc. $23,015.00 Background Information When County Road 62 was reconstructed, an agreement was made between Hennepin County and The City of Eden Prairie regarding maintenance of sound fences and retaining walls. Through this agreement it was determined that the city would be responsible for repair and replacement of the 6-foot-tall double-sided fence that acts as a sound barrier between residential neighborhoods and County Road 62. The fencing along the south side of the roadway has become old, rotted, and is starting to lean or fall over; therefore, the Public Works Division has developed a 4-year plan to start replacing large sections of fencing using dollars approved through the Capital Improvement Plan. Attachments Signed Contract 2018 08 01 Construction Contract This Contract (“Contract”) is made on the 13th day of June, 2023, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Huckleberry Fencing, a Minnesota Limited Liability Company, d/b/a Superior Fence & Rail of St. Paul (hereinafter "Contractor") whose business address is 2647 37th Ave S Minneapolis, MN 55406. . Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of services by Contractor for the installation of approximately 250 Lineal Feet of fencing along the CR 62 corridor hereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Scope of Work/Proposal. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A and B. Any general or specific conditions, terms, agreements, contractor or industry proposal, or contract terms attached to or a part of Exhibit B are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Time of Commencement and Completion. The Work to be performed by this contract may be commenced upon execution of this contract. The work shall be completed by August 31st, 2023. 3. Compensation for Services. City agrees to pay the Contractor according to Exhibit B, with total payments not to exceed $25,000, as full and complete payment for the labor, materials and services rendered pursuant to this agreement and as described in Exhibit A and B. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. Standard Construction Contract 2018 08 01 Page 2 of 16 4. Method of Payment. The Contractor shall submit to the City, on a monthly basis, an itemized invoice for services performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. a. Invoices. Contractor 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 Contractor 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. Each invoice shall be accompanied by general lien waiver and further lien waivers from all subcontractors on the project waiving liens for work for which payment was requested by Contractor and paid for by City on the preceding invoice. b. Claims. To receive any payment on this Contract, pursuant to Minn. Stat. 471.38, the invoice or bill must include the following signed and dated statement: “I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid.” c. Final Payment. Contractor’s request for final payment shall be accompanied by Contractor’s affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the City or its property might in any way be responsible, have been paid or otherwise satisfied. Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the City to the Contractor when the Work has been completed, the Contract fully performed, and the City accepts the Work in writing. The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of Application for Final Payment. d. Income Tax Withholding. No final payment shall be made to the Contractor until the Contractor has provided satisfactory evidence to the City that the Contractor and each of its subcontracts has complied with the provisions of Minn. Stat. Section 290.92 relating to withholding of income taxes upon wages. A certificate by the Commissioner of Revenue shall satisfy this requirement. 5. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Contract. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. Standard Construction Contract 2018 08 01 Page 3 of 16 6. Project Manager and Staffing. The Contractor shall designate a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the Project Manager without the approval of the City. 7. Condition and Inspection. All goods and other materials furnished under this Contract shall be new and in current manufacture, unless otherwise specified, and all goods and work shall be of good quality, free from faults and defects and in conformance with this Contract. All goods and work not conforming to these requirements shall be considered defective. Goods shall be subject to inspection and testing by the City. Defective goods or goods not in current manufacture may be returned to the Contractor at the Contractor’s expense. 8. Correction of Work. The Contractor shall promptly correct all Work rejected by the City as defective or as failing to conform under this Contract whether observed before or after completion of the Work and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work. 9. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Contract, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY’S REMEDY OR THE CONTRACTOR’S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials. The Contractor shall post bonds to secure the warranties. Standard Construction Contract 2018 08 01 Page 4 of 16 10. Private Property. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the City. The Contractor shall be responsible for the preservation of, and shall use every precaution to prevent damage to all trees, shrubbery, plants, lawns, fences, culverts, bridges, pavements, driveways, sidewalks, etc.; all water, sewer and gas lines; all conduits; all overhead pole lines or appurtenances thereof; and all other public or private property along or adjacent to the work. 11. Removal of Construction Equipment, Tools and Supplies. At the termination of this Contract, before acceptance of the Work by the City, the Contractor shall remove all of Contractor’s equipment, tools and supplies from the property of the City. Should the Contractor fail to remove such equipment, tools and supplies, the City shall have the right to remove them and deduct the cost of removal from any amount owed to Contractor. 12. Suspension of Work by City. The City may at any time suspend the Work, or any part thereof, by giving ten (10) days' notice to the Contractor in writing. The work shall be resumed by the Contractor within ten (10) days after the date fixed in the written notice from the City to the Contractor to resume. If the City’s suspension of all or part of the Work causes additional expenses not due to the fault or negligence of the Contractor, the City shall reimburse the Contractor for the additional expense incurred due to suspension of the work. Claims for such compensation, with complete substantiating records, shall be filed with the City within ten (10) days after the date of order to resume Work in order to receive consideration. This paragraph shall not be construed as entitling the Contractor to compensation for delays due to inclement weather, failure to furnish additional surety or sureties specified herein, for suspension made at the request of the Contractor, or for any other delay provided for in this Contract. 13. City’s Right to Carry Out the Work. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract or fails to perform any provisions of the Contract, the City may, after ten (10) days written notice to the Contractor and without prejudice to any other remedy the City may have, make good such deficiencies. In such case an appropriate Change Order shall be issued deducting from the payment then or thereafter due the Contractor the cost of correcting such deficiencies. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the City. 14. City’s Right to Terminate Contract and Complete the Work. The City has the right to terminate this Contract for any of the following reasons: a. The Contractor is adjudged bankrupt, makes a general assignment for the benefit of creditors, or becomes insolvent; b. Failure of Contractor to supply adequate properly skilled workmen or proper materials; c. Failure of Contractor to make prompt payment to subcontractor for material or labor; d. Any disregard of laws, ordinances or proper instructions of the City; e. Assignment or work without permission of the City; Standard Construction Contract 2018 08 01 Page 5 of 16 f. Abandonment of the work by Contractor; g. Failure to meet the work progress schedule set forth in this Contract; h. Unnecessary delay which, in the judgment of the City, will result in the work not being completed in the prescribed time. Termination of the Contract shall be preceded by ten (10) days written notice by the City to the Contractor and its surety stating the grounds for termination and the measures, if any, which must be taken to assure compliance with the Contract. The Contract shall be terminated at the expiration of such ten (10) day period unless the City Council shall withdraw its notice of termination. Upon termination of the Contract by the City, the City may, without prejudice to any other remedy the City may have, take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever methods the City may deem expedient at the Contractor’s expense. Upon Contract termination, the Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the contract price exceeds the expense of finishing the Work, including compensation for additional managerial and administrative services, the excess shall be paid to the Contractor. If such expense exceeds the unpaid balance, the Contractor shall pay the difference to the City. In the event that the Contractor abandons the Work, fails or refuses to complete the Work or fails to pay just claims for labor or material, the City reserves the right to charge against the Contractor all legal, engineering, or other costs resulting from such abandonment, failure or refusal. Legal costs will include the City's cost of prosecuting or defending any suit in connection with such abandonment, failure or refusal, and non-payment of claims wherein the City is made co-defendant, and the Contractor agrees to pay all costs, including reasonable attorney's fees. 15. Contractor’s Right to Terminate Contract. The Contractor may terminate this Contract upon ten (10) days written notice to the City for any of the following reasons: a. If an order of any court or other public authority caused the Work to be stopped or suspended for a period of 90 days through no act or fault of the Contractor or its employees. b. If the City should fail to pay any undisputed sum owed Contractor within forty-five (45) days after the sum becomes due. 16. Performance and Payment Bonds. The Contractor shall post a Performance and Payment Bond each in an amount equal to one hundred percent (100%) of the payments due Contractor to insure the prompt and faithful performance of this Contract by Contractor and to insure prompt payment to the subcontractor and suppliers of the Contractor. The Bonds shall be in a form approved by the City. Contractor shall provide the Bond to the City before commencing work and together with the executed contract document. If the Performance and/or Payment Bond are not submitted as provided herein, this Contract shall be considered void. Standard Construction Contract 2018 08 01 Page 6 of 16 [BONDS ARE REQUIRED FOR A CONSTRUCTION CONTRACT THAT IS $175,000 OR MORE; THEY ARE OPTIONAL FOR ANY CONTRACT THAT IS LESS THAN $175,000] 17. Subcontractor. The Contractor shall bind every subcontractor and every subcontractor shall agree to be bound by the terms of this Contract as far as applicable to its work, unless specifically noted to the contrary in a subcontract approved in writing as adequate by the City. The Contractor shall pay any subcontractor involved in the performance of this Contract within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. If the Contractor fails within that time to pay the subcontractor any undisputed amount for which the Contractor has received payment by the City, the Contractor shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 18. Responsible Contractor Contractor warrants under oath that Contractor is in compliance with the minimum criteria required of a “responsible contractor” as that term is defined in Minnesota Statutes § 16C.285, subd. 3. Contractor has provided to City a list of all of its first-tier subcontractors and motor carriers that it intends to retain for work on the project. The Contractor has obtained from all subcontractors and motor carriers with which it will have a direct contractual relationship a signed statement under oath by an owner or officer verifying that the subcontractor or motor carrier meets all of the minimum criteria in § 16C.285, subd. 3. If Contractor retains additional subcontractors or motor carriers on the project after submitting its verification of compliance, the Contractor shall obtain verification of compliance from each additional subcontractor and motor carrier with which it has a direct contractual relationship and shall submit to the City a supplemental verification confirming the subcontractor’s and motor carrier’s compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors or motor carriers. Contractor shall submit to the City upon request copies of the signed verifications of compliance from all subcontractors and motor carriers of any tier pursuant to Minn. Stat. § 16C.285, subd. 3(7). A false statement under oath, by Contractor, subcontractor, or motor carrier, verifying compliance with any of the minimum criteria may result in termination of the Contract. 19. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Contract, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 20. Insurance. Standard Construction Contract 2018 08 01 Page 7 of 16 a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, required by law, or the insurance coverage actually obtained by Contractor, whichever is greater. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products- completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. e. All policies, except the Worker’s Compensation Policy, shall name the “City of Eden Prairie” as an additional insured. Standard Construction Contract 2018 08 01 Page 8 of 16 f. All policies, except Worker’s Compensation Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations. g. All polices shall contain a waiver of subrogation in favor of the City. h. All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver of subrogation in favor of the City. i. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Contract. j. Contractor agrees to maintain all coverage required herein throughout the term of the Contract and for a minimum of two (2) years following City’s written acceptance of the Work. k. It shall be Contractor’s responsibility to pay any retention or deductible for the coverage’s required herein. l. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non- renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor’s Work. Upon request a copy of the Contractor’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City’s right to enforce the terms of Contractor’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the Standard Construction Contract 2018 08 01 Page 9 of 16 City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 21. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 22. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Contract (“Information”) shall become the property of the City, but Contractor may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Contractor also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Contract does not relieve any liability on the part of the Contractor, but any use of the Information by the City or the Contractor beyond the scope of this Contract 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. 23. 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 Standard Construction Contract 2018 08 01 Page 10 of 16 actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 24. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. 25. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Contract and entitle the City to immediately terminate this Contract. 26. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. 27. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. 28. Damages. In the event of a breach of this Contract by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 29. 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 Contract and for one (1) year thereafter, without prior written consent of the former employer in each case. 30. 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 Contract or thereafter of any of the rights or remedies of the City under this Contract. 31. Entire Contract, Construction, Application and Interpretation. This Contract is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements Standard Construction Contract 2018 08 01 Page 11 of 16 presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 32. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 33. Non-Discrimination. During the performance of this Contract, the Contractor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 34. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Contract if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 35. Rights and Remedies. The duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 36. Services Not Provided For. No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City. 37. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 38. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. Standard Construction Contract 2018 08 01 Page 12 of 16 b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Contractor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Contract is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Contract shall contain similar Data Practices Act compliance language. 39. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not affect, in any respect, the validity of the remainder of this Contract. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE __________________________________ Mayor ___________________________________ City Manager CONTRACTOR By: ________________________________ Its: ________________________________ Standard Construction Contract 2018 08 01 Page 13 of 16 Exhibit A Scope of Work The work to be done under this Contract shall include, but is not necessarily limited to, furnishing all labor, materials, transportation, tools, supplies, equipment, etc. necessary to install approximately 250 LF of double-sided, privacy fence along the County Road 62 corridor that The City of Eden Prairie has removed according to price specified on quote. Contractor Responsibilities - Locating of existing public and private utilities, irrigation, and dog fences - Furnish materials and labor for proper construction of double-sided fence - Mechanical or hand digging of fence posts may be required - Traffic/Pedestrian Control if needed - Clean up all refuse upon completion of the fence - Repair or restore damage to lawns and boulevard caused by installation of fence City Responsibilities - Remove and dispose of old fence - Repair or restore damage to lawns and boulevard caused by removal of fence - Remove trees, branches, and obstacles from working area Property Damage The Contractor shall attempt to field verify existing irrigation and/or pet containment systems in the project area prior to construction. Any damage caused by the contractor during installation of the fence shall be the responsibility of the contractor to fix to the resident’s satisfaction. Property owners must be notified immediately of damage to pet containment systems, repaired, and functional by the end of the workday. The contractor will be responsible for repair and restoration of damage or rutting of grass areas caused by the installation of fence. Areas of damage shall be filled, graded, and seeded to original profile. Final Payment Final payment will be made upon competition and certification of an IC134, Minnesota Department of Revenue Withholding Affidavit. You must submit the IC134, either my mail or electronically, to the Minnesota Department of Revenue to verify you have met state withholding requirements. Standard Construction Contract 2018 08 01 Page 14 of 16 Exhibit B This Es�mate Expires:13 days 01:43:21 A name you can trust Congratula�ons! With over 10,000 five-star reviews and a stellar 94% sa�sfac�on ra�ng, we are the most highly rated and reviewed fence company in the country. We are excited to help you build your new fence! Please find your fence package op�ons below, and simply click on the package to select it. Brady Luebke 15150 Technology Dr Eden Prairie, MN 55344 6' Double Sided Picket Fence 6' Double Sided Fence Standard Construction Contract 2018 08 01 Page 15 of 16 Features & Benefits 6x6x10' pressure treated posts Double Sided Cedar Pickets 2 - 2x6x8 pressure treated rails Choose this package ↓ The image shown is a representa�on of the style of the fence, and not meant to be a specifica�on of the height, color, or grade. 6' Double Sided Picket Fence - 250 LF 6' Double Sided Fence FENCE FOOTAGE CONTAINED IN THIS PROPOSAL IS APPROXIMATE BASED ON THE FIELD MEASUREMENTS, FINAL PRICE WILL BE ADJUSTED BASED ON ACTUAL FOOTAGE USED, AS SET FORTH IN THE TERMS AND CONDITIONS. Included in the job 1000 - Post tops custom Job Notes Hi Brady - Please let me know if you have any ques�ons for me or if I missed anything. I believe the materials that I quote that you requested or anything. This is for double-sided cedar pickets on treated 6x6x10 posts and 2 treated 2x6x8 rails. Standard Construction Contract 2018 08 01 Page 16 of 16 Customer to clear fence line. No returns for special order products "ABOVE AND BEYOND" This company was a pleasure to deal with from the �me we started our project you could tell that customer service was very important to them. This showed in the way they explained the project to making sure that every deadline was met. I would deal with the company again because they showed great integrity in business. �� Judith Volger Today's Price: 6' Double Sided Picket Fence $23,015.35 Choose your payment method Pay with ACH/E-Check $23,015.35 Pay with Credit Card $23,015.35 Contact Sales CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: June 13, 2023 DEPARTMENT / DIVISION: Public Works Gerald Byington / Fleet Services ITEM DESCRIPTION: 2024 Vehicle & Equipment Replacement Vehicle Schedule ITEM NO.: VIII.H. Requested Action Move to: Approve the ordering and purchase of the 2024 Replacement Plan vehicles and equipment as itemized on the attached schedule and declaring surplus the attached list of vehicles for disposal. Synopsis: The Equipment Replacement Fund was developed by Fleet Services Division to provide a 15-year projection of equipment needs and a corresponding replacement schedule for each vehicle. Annual budget requests are created from this schedule to determine future year funding needs for operating budgets. Staff has finalized the details of each replacement or new vehicle purchase as per our current replacement policy guidelines. The final list is attached and submitted for approval. The planned Fleet Capital Internal Service Fund purchase expenditures for 2024 are estimated at $ 2,119,000.00. Staff is requesting authorization to order the 2024 replacement vehicles when the MN State Purchasing Agreement or other cooperative purchasing ventures are complete and manufacturers order windows open. This action is requested due to the expected long lead times from manufactures to deliver equipment/vehicles and the projected short time frame the manufactures will allow for orders for model year 2024 vehicles. Projected delivery dates for these vehicles will not be before early to mid-year 2024 so actual expenditures will not occur until that time. 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. Joint Powers Agreements as listed in the City of Eden Prairie purchasing policy are also utilized. Staff also requests that in the case that the vehicles are not available from CPV contracted dealers or Joint powers agreement vendors, that we may obtain quotes from Retail Dealers and negotiate with them for purchasing of the requested vehicles. Lastly, staff is requesting authorization to declare as surplus the list of vehicles scheduled for replacement. These vehicles will be used as traded ins for replacement vehicles, placed in auction, or sold at authorized sales sites. Attachments: • 2024 Replacement Vehicle and Equipment Purchase List • 2024 Vehicle and Equipment Surplus List 2024 Vehicle & Equipment Surplus List Unit Year Unit Serial #Vehicle Make Vehicle Model Estimated Auction Sale Amount Street Division 101 2017 1TC1580VEGR031010 John Deere 1580 9,500$ 103 2016 1TC1580VLGR020103 John Deere 1580 9,500$ 149 2009 3D6WH46L49G549652 Dodge Ram 3500 DRW 4x4 10,000$ 161 2009 1FVAC3BS89HAG5160 Freightliner M2-106V 25,000$ 185 2012 1FDUF4HY6CEC96260 Ford F-450 Super Duty 10,000$ Police 214 2016 1FM5K8AR2GGA72102 Ford Police Interceptor 9,500$ 219 2020 1GNSKDEC1LR235625 Chevrolet Tahoe 10,000$ 229 2018 2C3CDXKT1JH295421 Dodge Charger 9,500$ 230 2019 2C3CDXKT8KH600561 Dodge Charger 9,500$ 235 2019 2C3CDXKT3KH600564 Dodge Charger 9,500$ 241 2018 2C3CDXKT3JH295419 Dodge Charger 9,500$ 253 2013 2GNALDEK9D6363012 Chevrolet Equinox 5,000$ 278 2014 3FA6P0LU6ER339248 Ford Fusion Hybrid 5,000$ 285 2016 1C4PJMAS8GW299666 Jeep Cherokee 7,500$ 286 2016 2G1115S34G9182249 Chevrolet Impala 5,000$ 297 2017 1FM5K8AR8HGB55602 Ford Explorer Int 6,000$ Fire 377 2012 1FT8W3B68CEC56494 Ford F350 Crew Cab 10,000$ Park Maintenance 401 2009 L06430K607526 John Deere 6430 25,000$ 419 2006 22318-260000264 Toro Dingo 323 2,500$ 422 2015 1FDEE3FL3FDA04258 Ford E350 13,000$ 438 2012 S312000207 Toro Workman HDX-D 15,000$ 448 2014 1FMCU9GX9EUD09907 Ford Escape 4X4 7,500$ 460 2007 3D6WG46D57G805869 Dodge 3500 15,000$ 472 2016 316000106 Toro 5910 25,000$ 476 2016 316000243 Toro 3280-D 7,500$ 477 2017 400517677 Toro 3280-D 7,500$ Facilities 515 2014 1GTV2TEC2EZ343609 GMC Sierra WT 4X4 7,500$ Engineering 601 2014 1FMCU9GX5EUD09905 Ford Escape 5,000$ 615 2014 1FMCU9GX7EUD09906 Ford Escape 5,000$ Utilities 733 2001 1FDXF47S61EC67378 Ford F350 10,000$ 799 1987 W1119 Sykes Univac GP200-20 2,000$ 307,500$ Estimated Total Salvage Value 2024 Vehicle & Equipment Replacements Service Area Unit #Replacement Estimated Vehice/Equipment Cost Service Area Estimated Total Cost Street Division Streets 101 John Deer 1580 Mower Replace with Like Equipment 44,500$ Streets 103 John Deer 1580 Mower Replace with like equipment 44,500$ Streets 149 Dodge Ram 3500 DRW 4X4 Replace with Chevy 3500 Cab/Chassis 83,000$ Streets 161 Single Axle Dump Truck with plow/ Underbody blade, Wing and Sander 325,000$ Streets 185 Ford F450 1Ton Dually Dump, Replace with Chevrolet 4500 88,000$ $585,000.00 Park Maintenance Park Maint 401 John Deere 6430 Tractor, Replace with 6130M 130,000$ Park Maint 419 Toro Dingo 323 Replace with Like Machine 86,000$ Park Maint 422 Ford E350 Bus, Replace with like equipment 77,500$ Park Maint 438 Toro Workman HDX-D, Replace with like machine 56,500$ Park Maint 448 Ford Escape 4X4 , Replace with Colorado/Ranger 4X4 48,000$ Park Maint 460 Dodge F350 Dump Replace with Chevrolet 3500 74,000$ Park Maint 472 Toro 5910, Replace with like equipment 130,000$ Park Maint 476 Toro 3280-D Replace with like equipment 49,000$ Park Maint 477 Toro 3280-D Replace with like equipment 49,000$ $700,000.00 Fire Fire & Insp 377 F350 Crew cab Replace with Chevrolet 3500 58,000$ Fire & Insp 348 F150 Super Cab Replace with Mustang E and Re-purpose current F150 52,000$ $110,000.00 Facilities Facilities 515 GMC Sierra WT 4X4 Replace with Chevrolet Silverado 4X4 WT 47,000$ $47,000.00 Police Police 214 Ford Police Interceptor, Replace with Explorer Hybrid 42,000$ Police 219 Chevrolet Tahoe, Replace with Tahoe 54,000$ Police 229 Dodge Charger, Replace with Blazer EV 45,500$ Police 230 Dodge Charger, Replace with Mustang E GT 46,000$ Police 235 Dodge Charger, Replace with Durango 45,000$ Police 241 Dodge Charger, Replace with Durango 45,000$ Police 253 Chevrolet Equinox, Replace with Equinox ICE or EV 40,000$ Police 278 Ford Fusion Replace with Hybrid/EV 40,000$ Police 285 Jeep Cherokee Replace with Jeep Cherokee 40,000$ Police 286 Chevrolet Impala, Replace with Malibu 42,000$ Police 297 Ford Explorer Interceptor, Replace with Explorer Hybrid 42,000$ $481,500.00 Engineering Engineering 601 Ford Escape Replace with Hybrid/Electric 42,000$ Engineering 615 Ford Escape Replace with Hybrid/Electric 42,000$ $84,000.00 Utilities Water 733 Ford F350 Small Dump Truck Replace with Chevrolet 3500 65,000$ Storm Water 799 Sykes GP200-60 Water Pump 46,500$ $111,500.00 Total Estimated Purchase Cost $2,119,000.00 $2,119,000.00 Total Estimated Salvage Value $307,500.00 Total CIP Fund Cost $0.00 Total Estimated Equipment Fund Costs $1,811,500.00 CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: June 13, 2023 DEPARTMENT/DIVISION: Jay Lotthammer, Director, Parks and Recreation ITEM DESCRIPTION: 3rd and 4th of July Fireworks Contract with RES Pyro ITEM NO.: VIII.I. Requested Action Move to: Authorize entering into an Agreement with RES Pyro for the July 3rd and 4th Fireworks display in the amount of $30,000. Synopsis The City of Eden Prairie has provided a high-quality 4th of July Hometown Celebration for the past 30 years. RES Pyro has been a part of that celebration for 15 years. The Parks and Recreation Department would like to contract with RES Specialty Pyrotechnics again in 2022, for a fee of $30,000, which will be split between two dates. July 3rd will have a 5-8 minutes show for families and children for a fee of $5,000 and July 4th will have its traditional 20-24 minute show for $25,000. Background In January of 2022, Parks and Recreation staff asked for proposals for 2022 and 2023 from three fireworks companies: RES Pyro, Hollywood Pyrotechnics, Inc. and J&M Displays. After reviewing the proposals closely, staff is recommending RES Pyro. RES Pyro has always provided an outstanding firework display in Eden Prairie. They have also worked well with Parks and Recreation and the Fire Department staff. Over 10,000 people gather around Round Lake Park and the surrounding area on the 4th of July to view and enjoy the spectacular fireworks display shot off over the lake. An impressive fireworks display adds tremendous value to the event, invoking a since of community pride. The addition of the July 3rd display for kids and families was very well received last year, with a feeling of something special for our youngest residents. Attachment Standard Agreement for Professional Services Requested Action Move to: 1. Declare two Chevrolet Tahoe fire vehicles as surplus property and authorize sale to other fire departments pursuant to City Code § 2.86, Subd. 3 and Minn. Stat. § 471.85. 2. Approve the execution of Purchase Agreements and Bills of Sale with the City of Norwood Young America and the Loretto Fire Department. Synopsis The Fire Department has recently replaced two Chevrolet Tahoe fire vehicles. The old vehicles, each with an estimated value of $20,000, will be disposed of in accordance with City Code § 2.86, Subdivision 3.B and Minn. Stat. § 471.85. The vehicles will be sold to the City of Norwood Young America and the Loretto Fire Department for $20,000 each. The sale of used equipment helps fund the purchase of new equipment. These vehicles will be utilized by the other fire department to provide effective emergency services delivery. The vehicles will be sold to the other fire departments “as is” with no representations or warranties as to condition. Staff recommends approval of the attached Purchase Agreements and Bills of Sale to accomplish the sales. Attachment Purchase Agreements Bills of Sale CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: June 13, 2023 DEPARTMENT/DIVISION: Gerald Byington / Fleet Services Scott Gerber / Fire Department ITEM DESCRIPTION: Declare Fire Vehicles as Surplus Property and Authorize Sale to other Fire Departments ITEM NO.: VIII.J. CITY COUNCIL AGENDA SECTION: Consent DATE: June 13, 2023 DEPARTMENT / DIVISION: Scott Geber Chief, Fire Department ITEM DESCRIPTION: Donation from American Legion Auxiliary – Eden Prairie ITEM NO.: VIII.K. Requested Action Move to: Adopt Resolution accepting the $443.97 donation from the American Legion Auxiliary – Eden Prairie. Synopsis The donation of $443.97 from the American Legion Auxiliary - Eden Prairie will go towards the purchase of emergency services equipment. Background The American Legion Auxiliary - Eden Prairie is shuttering their chapter and closing their books. They have elected to donate the remaining funds in their account to the Eden Prairie Fire Department. Treasurer Shirley Warren presented the check to the Fire Department for $443.97. The Fire Department will utilize these funds to assist in the purchase of emergency services equipment. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2023-___ RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City in the amount of $443.97 to be used towards the purchase of emergency services equipment for the fire department is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 13th day of June, 2023. ___________________________ Ronald A. Case, Mayor ATTEST: ___________________________ Nicole Tingley, City Clerk CITY COUNCIL AGENDA SECTION: Consent DATE: June 13, 2023 DEPARTMENT / DIVISION: Scott Geber Chief, Fire Department ITEM DESCRIPTION: Donation from Eden Prairie Scheels ITEM NO.: VIII.L. Requested Action Move to: Adopt Resolution accepting the donation of Beverage Mugs with a value of $420 from the Eden Prairie Scheels. Synopsis The donation of Yeti beverage mugs in the value of $420 from the Eden Prairie Scheels to be used for events the fire department attends in the City of Eden Prairie. Background The Eden Prairie Fire Department assisted with a photo shoot for a new beverage container release for Yeti. Eden Prairie Scheels donated eleven (11) Yeti beverage containers in a value of $420 to be used for event give aways at Eden Prairie events in 2023. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2023-___ RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift of Yeti Beverage containers by Eden Prairie Scheels with a value of $420 to the City to be used in events that the Fire Department attends in the City is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 13th day of June, 2023. ___________________________ Ronald A. Case, Mayor ATTEST: ___________________________ Nicole Tingley, City Clerk CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: June 13, 2023 DEPARTMENT/DIVISION: Matt Bourne, Parks and Natural Resources Manager, Parks and Recreation ITEM DESCRIPTION: Approve the Lease Extension for the Riley Lake Park Rental House ITEM NO.: VIII.M. Motion Move to: Approve the Lease Extension for one year with Nathan Lovas and Autumn Brown Lovas for the Riley Lake Park Rental House. Synopsis The tenants of the Riley Lake Park rental house have been renting the historic Riley-Jacques house since 2011 and have expressed interest in extending the lease for one year. Background The City has been renting the Riley-Jacques house at Riley Lake Park for many years, with Nathan and Autumn Brown Lovas beginning to live in the home in 2011. Having someone in the house has allowed the City to gain revenue, but more importantly, has kept someone in the home caring for and protecting this historic site. Staff has purposely kept rent low compared to other rental properties because of the renter’s responsibility for the high cost of heating the home and the intensive care needed to maintain the home. Attachment Lease Extension LEASE EXTENSION This Lease Extension (“Extension”), is made and entered into this 13th day of June, 2023 between the City of Eden Prairie (“Landlord”) and Nathan Lovas and Autumn Brown Lovas (“Tenants”). In consideration of the covenants and agreements contained herein, the parties agree as follows: 1. LEASE EXTENSION. The parties agree to extend for one additional year that certain Minnesota Standard Residential Lease between Landlord and Tenants for the property located at 9100 Riley Lake Road, Eden Prairie, MN 55347 (“Lease”). The Lease runs through June 30, 2023. This Extension will begin on July 1, 2023 for a term of 12 months. 2. MONTHLY RENT. Beginning July 1, 2023 the monthly rent amount due will be $665.00 per month. 3. RENTER’S INSURANCE. Tenant must procure and carry liability insurance and name the City as an additional insured for the term of this extension providing coverage in the minimum amount of Twenty Five Thousand Dollars ($25,000) Personal Property and Five Hundred Thousand Dollars ($500,000) Liability Limit. 4. ALL OTHER TERMS. All other terms of the Lease will remain in full force and effect for the duration of this Extension. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. LANDLORD: TENANTS: CITY OF EDEN PRAIRIE NATHAN LOVAS BY: ______________________ _____________________________ Name: Ronald A. Case ITS: Mayor AUTUMN BROWN LOVAS BY: ______________________ Name: Rick Getschow ITS: City Manager _____________________________ CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: June 13, 2023 DEPARTMENT/DIVISION: Matt Bourne, Parks and Natural Resources Manager ITEM DESCRIPTION: Approve Professional Services Agreement for Pavement Evaluation Services from GoodPointe Technology ITEM NO.: VIII.N. Requested Action Move to: Approve Professional Services Agreement for pavement evaluation services from GoodPointe Technology in the estimated amount of $25,715.00. Synopsis As part of our pavement management system, periodic evaluations or condition rating surveys are necessary to effectively manage our city trail network. Historically, we have performed these surveys on a three-year cycle on our entire trail network (currently estimated at 139 miles). Our last survey was completed in 2019 by GoodPointe Technology (our Pavement Management Consultant). Background Information The results of this pavement evaluation survey will provide us current information on our trail conditions. This current information along with the historical data in our pavement management system provides us a tool in budget preparation for our pavement maintenance needs, as well as selecting specific maintenance projects. Attachments • Professional Services Agreement • Exhibit A - Goodpointe Proposal for Pavement Evaluation Services 2021 04 22 Version 2021 04 22 Agreement for Professional Services This Agreement (“Agreement”) is made on the 13th day of June, 2023, between the City of Eden Prairie, Minnesota (hereinafter “City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Goodpointe Technology (“Consultant”), a Minnesota Company (hereinafter “Consultant”) whose business address is 287 East 6th Street, Suite 200, St. Paul, MN 55101. 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 Pavement Evaluation Services 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 (Goodpointe Technology Proposal dated May 20,2023) 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 June 13, 2023 through November 30, 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 $25,715.00 for the services as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. c. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for Page 2 of 10 2021 04 22 performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: a. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. b. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. c. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. d. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: a. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City’s project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. b. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on Page 3 of 10 2021 04 22 Exhibit A performed prior to receipt of written notice from the City of such suspension. c. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City. d. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: “I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid.” 6. Project Manager and Staffing. The Consultant shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the Project Manager without the approval of the City. 7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein. 9. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The Page 4 of 10 2021 04 22 minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 10. Independent Consultant. Consultant is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Consultant and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Consultant an employee of the City. 11. Insurance. a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. If Consultant’s insurance does not afford coverage on behalf of subcontractors, Consultant must require and verify that all subcontractors maintain insurance meeting all the requirements of this paragraph 11, and Consultant must include in its contract with subcontractors the requirement that the City be listed as an additional insured on insurance required from subcontractors. In such case, prior to a subcontractor performing any Work covered by this Agreement, Consultant must: (i) provide the City with a certificate of insurance issued by the subcontractor’s insurance agent indicating that the City is an additional insured on the subcontractor’s insurance policy; and (ii) submit to the City a copy of Consultant’s agreement with the subcontractor for purposes of the City’s review of compliance with the requirements of this paragraph 11. c. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations Page 5 of 10 2021 04 22 Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 d. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products- completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. e. Professional Liability Insurance. In addition to the coverages listed above, Consultant shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. It shall be Consultant’s responsibility to pay any retention or deductible for the professional liability insurance. Consultant agrees to maintain the professional liability insurance for a minimum of two (2) years following termination of this Agreement. f. Consultant shall maintain “stop gap” coverage if Consultant obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. g. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations. h. All policies, except the Professional Liability Policy, shall apply on a “per project” basis. i. All General Liability policies, Automobile Liability policies and Umbrella policies shall contain a waiver of subrogation in favor of the City. j. All policies, except for the Worker’s Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. k. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. The Professional Page 6 of 10 2021 04 22 Liability policy shall insure the defense and indemnity obligations assumed by Consultant under this Agreement except with respect to the liability for loss or damage resulting from the negligence or fault of anyone other than the Consultant or others for whom the Consultant is legally liable. l. Consultant agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. m. It shall be Consultant’s responsibility to pay any retention or deductible for the coverages required herein. n. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non- renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City. o. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. p. A copy of the Consultant’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant’s Work. Upon request a copy of the Consultant’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City’s right to enforce the terms of Consultant’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. q. Effect of Consultant’s Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the Page 7 of 10 2021 04 22 negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 12. Indemnification. Consultant will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Consultant, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Consultant, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Consultant harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 13. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement (“Information”) shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement (“Project”) does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for Page 8 of 10 2021 04 22 mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Page 9 of 10 2021 04 22 Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to Page 10 of 10 2021 04 22 examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar Data Practices Act compliance language. 30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE __________________________ ___ _____ Mayor ______________________________ _____ City Manager CONSULTANT _______________________________________ By: Its: May 20, 2023 Mr. Jason Goblirsch Parks Construction Supervisor City of Eden Prairie 8080 Mitchell Rd Eden Prairie, MN 55344-4485 RE: Cost Proposal to Evaluate the City AC Trail Network Dear Jason: GoodPointe Technology is pleased to offer infrastructure management consulting services to the City of Eden Prairie. The requested services are to perform a detailed Pavement Condition Index (PCI) survey on the 139 miles of AC trails under the City’s jurisdiction and to enter the data into the City’s ICON pavement management system to document the current health of the City trail network and to help prioritize the recommendation of future construction projects. Attached to this letter is a scope of services and related cost proposal. If after reviewing this document you have any questions or concerns regarding the project setup or services detailed in this letter, please call me at 651.726.2555. Thank you for your continued interest in our services. We look forward to working with you on this project! Sincerely, GoodPointe Technology Anthony J. Kadlec President Attachment: Proposed Scope of Service \proposals\Eden Prairie Parks\Exhibit A.1 GoodPointe Eden Prairie Pathway Evaluation Proposal_052023.pdf GoodPointe Technology, LLC May 20, 2023 AC Trail PCI Survey Evaluation for the City of Eden Prairie Copyright 2023 GoodPointe Technology Corporation All Rights Reserved Page 2 of 4 TASK 1. AC TRAILS PAVEMENT EVALUATION SURVEY Under this task, GoodPointe proposes a pavement evaluation survey for the City of Eden Prairie, to include the following:  GoodPointe to provide a detailed surface condition survey evaluation of selected AC Trails under the City's jurisdiction;  A quantitative PCI (Pavement Condition Index) score will be calculated for each pavement inventory unit based on a condition survey methodology, which includes distress severity levels and quantity measurements of observed pavement distresses;  All data will be quality control reviewed and entered into the City’s ICON pavement management program, which is being hosted at the GoodPointe Technology data center; and,  GoodPointe will provide an XLS summary report listing of the results of the pavement condition survey, to include graphs and charts of the distribution of pavement condition the network in 2023 relative to 2020. With the collected data:  The City will be able to use the ICON program to generate budget scenario analysis plans for the Trails system and to prioritize recommended construction projects based upon the City’s established policy parameters (performance curves, repair strategies, unit costs, etc.); Task 1. Pricing: AC Trails: 139 trail miles x $185/mile = $25,715. Total Not to Exceed Cost: $25,715* * Final cost will be based upon actual mileage evaluated as specified by the City. GoodPointe Technology, LLC May 20, 2023 AC Trail PCI Survey Evaluation for the City of Eden Prairie Copyright 2023 GoodPointe Technology Corporation All Rights Reserved Page 3 of 4 SUMMARY OF PROPOSED COSTS Task Description Units Total Cost 1 Pavement Evaluation Survey 139 Trail Miles $25,715.00 Total Proposed Cost $25,715.00 PROJECT SCHEDULE Project is to be scheduled in Summer/Fall 2023 pending the City’s notice to proceed date and GoodPointe’s receipt of the source data required to successfully execute this project. The estimated time required to complete this project is approximately two (2) calendar months, subject to weather conditions. GoodPointe Technology, LLC May 20, 2023 AC Trail PCI Survey Evaluation for the City of Eden Prairie Copyright 2023 GoodPointe Technology Corporation All Rights Reserved Page 4 of 4 Signature Page (please authorize & email to: tkadlec@goodpointe.com) RE: INFRASTRUCTURE MANAGMENT SYSTEM PROFESSIONAL SERVICES Estimated Costs The cost estimate is based on providing the services described under Exhibit A.1 Scope of Work for City of Eden Prairie, MN, dated May 20, 2023. The cost estimate will not be exceeded without the additional authorization from the City. The hourly or unit cost presented in this contract is based on the scope of services described and the assumption that the project will be completed within one year from the signature date. If the project cannot be completed within the proposed schedule due to circumstances beyond our control, revising the unit costs may be required for completion of the remaining tasks. Invoices will be submitted on a monthly basis in accordance with the progress achieved in this project. Terms on payment for services are due immediately upon receipt. GoodPointe Technology appreciates the opportunity to present this contract to you. It is being presented in duplicate so if it is acceptable, the original can be retained for your records and the copy can be signed and returned to us in its entirety as written authorization to proceed. Authorization to Proceed: Please proceed according to the described scope of services denoted in Exhibit A.1 Total Authorized Budget: $25,715.00 Date Client City of Eden Prairie, MN Authorized Signature Name Title Date May 20, 2023 Authorized Signature Name Anthony J. Kadlec Title President 1 CITY COUNCIL AGENDA SECTION: Public Hearings DATE: 06/13/2023 DEPARTMENT/DIVISION: Community Development/Planning Julie Klima/Ben Schneider ITEM DESCRIPTION: Bush Lake Pet Hospital ITEM NO.: IX.A. Requested Action Move to: • Close the Public Hearing; and • Adopt a Resolution for Planned Unit Development Concept Review on 1.19 acres; and • Approve the 1st reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning Change from OFC to N-COM on 1.19 acres; and • Direct Staff to prepare a development agreement incorporating Staff recommendations and Council conditions; and • Authorize the issuance of an early Land Alteration Permit for Bush Lake Pet Hospital at the request of the Developer subject to the conditions outlined in the permit Synopsis The applicant is proposing to construct an approximately 5,074 square foot, single-level commercial building. About 3,958 square feet would be occupied by Bush Lake Pet Hospital, while the other 1,015 square feet would be for an additional commercial or office tenant, to be determined. The tenant is relocating from Bloomington to increase its tenant space. The business would not have overnight boarding with the exception of surgery patients. The lot for this proposed building is located directly north of the Kinderberry Hill Child Development Center along Hennepin Town Road and across the street from the Bluff Country Village townhome development. The applicant is requesting a Zone Change to Neighborhood Commercial (N-COM) from Office (OFC) to accommodate the proposed vet clinic use. The developer is also requesting PUD waivers for minimum lot size and lot depth in the N-COM district. Background REZONING The subject property was rezoned from Neighborhood Commercial to Office in 2007 in conjunction with the Kinderberry Hill PUD development. The City approval included conceptual plans for an office building on the subject parcel, which was never constructed. While the site has maintained its Office zoning, it is Project Site 2 now guided Commercial in the Comprehensive Plan. The applicant is requesting to rezone the parcel back to Neighborhood Commercial, consistent with this guided land use. SITE PLAN The 5,074 sq ft building is proposed to be located on the northeast part of the site and meets all required building setbacks. The site plan also shows an outdoor fenced enclosure for pets on the rear (east) side of the building. The site is required to have 30 parking stalls (26 for the building and 4 to be shared with the Kinderberry parcel). There are 33 stalls provided. The site plan also includes two (2) access points. The first would utilize the existing curb cut along Hennepin Town Road. The second is a proposed connection between the subject property and the Kinderberry Hill property to the south, as suggested by the original development plans for the daycare. A speed bump is proposed at the access point between the two lots. The daycare is supportive of the project, and a written letter of support is included as an attachment to this memo. TRAFFIC The applicant has submitted a traffic memo as a part of this project. The memo utilizes the ITE Trip Generation Manual and estimates that the vet clinic would yield 89 daily trips and that the second tenant would yield 17 daily trips, which adds up to 106 total daily trips. This report also analyzes the sight lines 3 for drivers exiting the site onto Hennepin Town Road. They conclude that the intersection sight distances are acceptable. PLANNED UNIT DEVELOPMENT WAIVERS The purpose of a Planned Unit Development (PUD) as stated in the City Code is to provide for a more creative and efficient approach to the use of land within the City; to allow variety in the types of environment available to people and distribution of overall density of population and intensity of land use where desirable and feasible; and provide for greater creativity and flexibility in environmental design. As a part of the PUD process, the applicant is seeking waivers to City Code requirements as outlined below. A. Lot Size City Code requires a minimum lot size of two (2) acres for Neighborhood Commercial (N-COM) lots. The applicant is requesting a waiver to allow a lot size of 1.19 acres. The current guiding of the parcel is Commercial, and the only two commercial districts that would not require a lot size waiver for the subject parcel are Regional Service (C-REG-SER) and Highway Commercial (C-HWY). Compared to those alternatives, Neighborhood Commercial zoning is more compatible with the proposed use and the zoning of the surrounding area, which includes other lots zoned Neighborhood Commercial. The lot size is a pre-existing condition and is not created by the development proposal. B. Lot Depth City Code requires a minimum average lot depth of 200 feet for Neighborhood Commercial lots. The applicant is requesting a waiver to instead have an average lot depth of 129 feet. This is also a pre-existing condition and is not created by the development proposal. The rationale for this waiver is similar to the lot size waiver request above. Staff supports the waivers, as the lot size and depth are not adjusted by the applicant, and the zoning district proposed, though requiring waivers, is more compatible with the surrounding land uses. LANDSCAPING AND TREE REPLACEMENT The subject parcel, in addition to other nearby lots, was cleared and graded as part of the Bluff Country Village development. As a result, a total of 193 caliper inches of tree replacement is deferred to this parcel. The landscape and tree plan includes 95 caliper inches of new trees that go towards this tree replacement requirement. Since it would be reasonably difficult to plant additional trees on the site, the applicant has agreed to pay a cash in lieu fee for the remaining 98 caliper inches. The developer is not proposing to remove any additional significant nor heritage trees on the site. This project also requires 22 caliper inches of landscaping. The plan meets this requirement and also includes additional shrubs that are not counted towards the landscaping requirements. ARCHITECTURE The proposed building has a combination of flat and pitched roofs, adding visual interest. The two sections of the building with pitched roofs are located above the entrances of each tenant space, which clearly defines the entrances. The building meets and exceeds City Code standards for color variation and number of Class I materials, which include brick, stone, and glass. The structure also incorporates Class II materials, including EIFS, porcelain tile, and metal. Each façade complies with having at least 75% Class I materials. 4 The plans include a proposed trash enclosure structure that uses complimentary materials to the principal building. SUSTAINABILITY The applicant notes the following sustainable features in their project narrative: • Energy efficient appliances will be used in the facility. • Conduit will be installed to accommodate future EV charging in the parking lot. • Low VOC materials shall be reviewed and incorporated into the final building design where appropriate. • Roughly 25 percent of the site will remain undisturbed, which will lessen potential soil erosion. • While the trees are required, the approximately 95 caliper inches of new trees would help absorb rainfall and stormwater runoff from the site. EARLY GRADING PERMIT To meet their construction schedule, the applicant has requested approval of an early Land Alteration Permit. Approval of the permit will allow the applicant to begin grading on the site prior to the 2nd reading. Issuance of early land alteration permits have been requested and approved by the Council for other projects. Issuance of an early land alternation permit requires the submittal and approval by City staff of all relevant information. Any work completed prior to final approval of the project is done at the Developer’s risk. 5 PLANNING COMMISSION RECOMMENDATION The Planning Commission voted 9-0 to recommend approval of the project at their May 22, 2023 meeting, consistent with staff’s recommendation and the staff report dated May 22, 2023. The Commission also discussed the following items: 1. The architectural plans submitted for the Planning Commission showed the parapet on three of the four walls of the building. Discussion included modification of the eastern façade to also include a parapet to further screen rooftop mechanical equipment. The applicant has updated the plans to have the parapet on all four façades. 2. The site plan previously showed the trash enclosure facing parallel with Hennepin Town Road. The Commission discussed revising the plans to have the enclosure door face away from the Right of Way. The applicant has revised the plans by rotating the trash enclosure 90 degrees. Two (2) residents spoke during the public hearing. After stating support for the project, they expressed safety concerns when exiting onto Hennepin Town Road from the Bluff Village neighborhood. They asked the City to look into reducing the speed limit on Hennepin Town Road and improving sight line conditions. Attachments 1. Resolution for PUD Concept Review 2. Ordinance for PUD and Zone Change 3. Planning Commission Staff Report 4. Unapproved Planning Commission Minutes 5. Letter from Kinderberry Daycare BUSH LAKE PET HOSPITAL CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2023-PUD-_-2023 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE DESIGNATION OF CERTAIN LAND WITHIN A ZONING DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the “land”) is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Office Zoning District and be placed in the Neighborhood Commercial (N-COM) Zoning District. Section 3. That action was duly initiated proposing that the designation of the land be amended within the N-COM as -2023-PUD-_-2023 (hereinafter "PUD-_-2023”). Section 4. The City Council hereby makes the following findings: A. PUD-__-2023 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-__-2023 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-__-2023 are justified by the design of the development described therein. D. PUD-__-2023 is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Office Zoning District and placed in the Neighborhood Commercial Zoning District respectively as noted in Exhibit A and shall be included hereafter in the Planned Unit Development PUD-__-2023 and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of entered into between Highland Ventures, LTD, and the City of Eden Prairie, (hereinafter “Development Agreement”). The Development Agreement contains the terms and conditions of PUD-___-2023, and are hereby made a part hereof. Section 7. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Section 11.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 8. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the June 13, 2023, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the ______ day of_______, 2023. ATTEST: __________________________________ ___________________________________ Nicole Tingley, City Clerk Ronald A. Case, Mayor PUBLISHED in the Sun Current on__________________, 2023. EXHIBIT A Rezone from Office to Neighborhood Commercial Legal Description: Lot 2, Block 1, Bluff Country Village 3rd Addition, Hennepin County, Minnesota, according to the recorded plat thereof. Abstract Property CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2023-___ A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF BUSH LAKE PET HOSPITAL FOR HIGHLAND VENTURES, LTD. WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) Concept of certain areas located within the City; and WHEREAS, the Planning Commission did conduct a public hearing on May 22, 2023, on Bush Lake Pet Hospital by Highland Ventures, LTD and considered the request for approval of the PUD Concept Plan and recommended approval of the request to the City Council; and WHEREAS, the City Council did consider the request on June 13, 2023. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Bush Lake Pet Hospital, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof (“Property”). 2. That the City Council does grant PUD Concept approval as outlined in the plans stamp dated April 28, 2023. 3. That the PUD Concept meets the recommendations of the Planning Commission dated May 22, 2023. ADOPTED by the City Council of the City of Eden Prairie this 13th day of June, 2023. _______________________ Ronald A. Case, Mayor ATTEST: ______________________________ Nicole Tingley, City Clerk EXHIBIT A Rezone from Office to Neighborhood Commercial Legal Description: Lot 2, Block 1, Bluff Country Village 3rd Addition, Hennepin County, Minnesota, according to the recorded plat thereof. Abstract Property STAFF REPORT TO: Planning Commission FROM: Ben Schneider, Planner I DATE: May 22, 2023 SUBJECT: Bush Lake Pet Hospital LOCATION: PID: 25-116-22-44-0130 (north of 10160 Hennepin Town Road) APPLICANT: Highland Ventures, LTD. 120 DAY REVIEW: August 15, 2023 REQUEST: • Zoning Change from Office (OFC) to Neighborhood Commercial (N-COM) on 1.19 acres • Planned Unit Development Concept Review on 1.19 acres • Planned Unit Development District Review with waivers on 1.19 acres • Site Plan Review on 1.19 acres BACKGROUND The applicant is proposing to construct an approximately 5,074 square foot, single- level commercial building. About 3,958 square feet would be occupied by Bush Lake Pet Hospital, while the other 1,015 square feet would be for an additional commercial or office tenant (TBD). This vet is planning to relocate from Bloomington to this new proposed building in Eden Prairie in order to have more tenant space. Operating hours are planned to be 8:00am-5:00pm Monday through Friday, 8:00am-12:00pm Saturday, and closed on Sunday. There will be no overnight boarding with the exception of surgery patients. The 1.19 acre site is currently vacant and is directly north of the Kinderberry Hill Child Development Center along Hennepin Town Road and across the street from the Bluff Country Village townhome development. The subject parcel also borders US Highway 169 to the east, Project Site Staff Report – Bush Lake Pet Hospital May 22, 2023 Page 2 which is physically separated by a sound wall. REZONING The subject property was rezoned from Neighborhood Commercial to Office in 2007 in conjunction with the Kinderberry Hill PUD development. The City approval included conceptual plans for an office building on the subject parcel, which was never constructed. While the site has maintained its Office zoning, it is now guided Commercial in the Comprehensive Plan. The applicant is requesting to rezone the parcel back to Neighborhood Commercial, consistent with this guided land use. SITE PLAN The applicant is proposing to construct an approximately 5,074 square foot, single-level commercial building. About 3,958 square feet would be occupied by Bush Lake Pet Hospital, while the other 1,015 square feet would be for an additional commercial or office tenant (TBD). The building is proposed to be located on the northeast part of the site and meets all required building setbacks. The site plan also shows an outdoor fenced enclosure for pets on the rear side of the building. The parcel has two street frontages, meaning the site is permitted to have one frontage with a 17.5- foot parking setback. The proposed parking areas comply with all setback requirements. Using the ratio of five (5) parking stalls for every 1,000 square feet of gross floor area, as required in City Code, 26 parking spaces are required. In addition, the development agreement associated with the Staff Report – Bush Lake Pet Hospital May 22, 2023 Page 3 adjacent daycare requires that the subject site to “provide 4 parking spaces for the use of [the daycare parcel]”. This means the site is required to have 30 stalls in total. The site plan shows 34 parking stalls. The site plan includes two (2) access points. The first would utilize the existing curb cut along Hennepin Town Road. The second is a proposed connection between the subject property and the Kinderberry Hill property to the south as suggested by the original development plans. An easement agreement already exists between these two parcels for the construction and use of this parking lot connection. TRAFFIC The applicant has submitted a traffic memo as a part of this project. The memo utilizes the ITE Trip Generation Manual and estimates that the vet clinic would yield 89 daily trips and that the second tenant would yield 17 daily trips, which adds up to 106 total daily trips. This report also analyzes the sight lines for drivers exiting the site onto Hennepin Town Road. They conclude that the intersection sight distances are acceptable. ARCHITECHTURAL STANDARDS The proposed building has a combination of flat and pitched roofs, adding visual interest. The two sections of the building with pitched roofs are located above the entrances of each tenant space, Staff Report – Bush Lake Pet Hospital May 22, 2023 Page 4 which clearly defines the entrances. The building meets City Code standards for color variation and number of Class I materials, which include brick, stone, and glass. The structure also incorporates Class II materials, including EIFS, porcelain tile, and metal. Each façade complies with having at least 75% Class I materials. The proposed trash enclosure, shown on the right, uses complimentary materials to the principal structure. PLANNED UNIT DEVELOPMENT WAIVERS The purpose of a Planned Unit Development (PUD) as stated in the City Code is to provide for a more creative and efficient approach to the use of land within the City; to allow variety in the types of environment available to people and distribution of overall density of population and intensity of land use where desirable and feasible; and provide for greater creativity and flexibility in environmental design. As a part of the PUD process, the applicant is seeking waivers to City Code requirements as outlined below. A. Lot Size City Code requires a minimum lot size of two (2) acres for Neighborhood Commercial (N- COM) lots. The applicant is requesting a waiver to allow a lot size of 1.19 acres. The current guiding of the parcel is Commercial, and the only two commercial districts that would not require a lot size waiver for the subject parcel are Regional Service (C-REG- SER) and Highway Commercial (C-HWY). Compared to those alternatives, Neighborhood Commercial zoning is more compatible with the proposed use and the zoning of the surrounding area, which includes other lots that are zoned Neighborhood Commercial. B. Lot Depth City Code requires a minimum average lot depth of 200 feet for Neighborhood Commercial (N-COM) lots. The applicant is requesting a waiver to instead have an average lot depth of 129 feet. The rationale for this waiver is similar to the lot size waiver request above. Staff supports the waivers, as the lot size and depth are not adjusted by the applicant, and the zoning district proposed, though requiring waivers, is more compatible with the surrounding land uses. Staff Report – Bush Lake Pet Hospital May 22, 2023 Page 5 LANDSCAPE AND TREE REPLACEMENT PLAN The subject parcel, in addition to other nearby lots, was cleared and graded as part of the Bluff Country Village project. As part of that project, a number of significant and heritage trees were identified as needing to be saved, but all other trees were removed and a replacement requirement of 904 caliper inches was deferred until the remaining parcels were developed. In 2007, the Kinderberry Hill project agreed to plant 29 of these caliper inches, bringing the new outstanding total to 875 caliper inches between the remaining vacant lots. When dividing this number based on the areas of these lots, this left 193 caliper inches of replacement requirement for the subject parcel. The landscape and tree plan includes 95 caliper inches of new trees that go towards the tree replacement requirement. Since it would be reasonably difficult to plant additional trees on the site, the applicant has agreed to pay a cash in lieu fee for the remaining caliper inches. Also, the applicant is not proposing to remove any additional significant nor heritage trees on the site. This project also requires 22 caliper inches of landscaping. The plan meets this requirement and also includes additional shrubs that are not counted towards the landscaping requirements. STORMWATER MANAGEMENT An underground detention system is proposed to be installed beneath the parking lot. The underground detention system treats stormwater pollution from the site’s runoff and reduces discharge rates to the downstream storm sewer system. This system will tie into the existing stormwater piping on the daycare lot to the south, which flows to the stormwater pond to the south of the daycare. This connection is permitted due to an existing easement agreement between the subject parcel, daycare lot, and the outlot with the stormwater pond. This property is not in the shoreland overlay district. LIGHTING Three (3) new light poles are proposed as a part of this project. There will also be lighting on the building to illuminate the sidewalk in front of the building entrances. A photometric plan was submitted and shows that the lighting would meet the City Code requirements, as the plan shows light levels to be at or below 0.5 footcandles at the property lines. SIGNS Sign areas are shown on the exterior elevations for illustrative purposes only. All proposed signs will require review and approval through the sign permit process and compliance with City Code Section 11.70. SUSTAINABILITY The applicant notes the following sustainable features in their project narrative: • Energy efficient appliances will be used in the facility. • Conduit will be installed to accommodate future EV charging in the parking lot. • Low VOC materials shall be reviewed and incorporated into the final building design where appropriate. • Roughly 25 percent of the site will remain undisturbed, which will lessen potential soil Staff Report – Bush Lake Pet Hospital May 22, 2023 Page 6 erosion. • While the trees are required, the approximately 95 caliper inches of new trees would help absorb rainfall and stormwater runoff from the site. NEIGHBORHOOD MEETING AND RESIDENT INPUT The applicant held a neighborhood meeting on March 2nd, 2023. A total of 15 residents attended the meeting. Attached to this report is a written summary by the applicant of the neighborhood meeting. As of this writing, City staff has not received any written nor verbal comments from the public related to this project. STAFF RECOMMENDATION Staff recommends approval of the following request: • Zoning Change from Office (OFC) to Neighborhood Commercial (N-COM) on 1.19 acres • Planned Unit Development Concept Review on 1.19 acres • Planned Unit Development Review with waivers on 1.19 acres • Site Plan Review on 1.19 acres This is based on plans stamp dated May 22, 2023, staff report dated May 22, 2023 and the following conditions: 1. Prior to land alteration permit issuance, the applicant shall: a. Submit detailed utility and erosion control plans for review and approval by the City Engineer. b. Obtain and provide documentation of Watershed District approval. c. Notify the City and Watershed District 48 hours in advance of grading. d. Install erosion control at the grading limits of the property for review and approval by the City. e. Submit a landscaping letter of credit or escrow surety equivalent to 150% of the cost of the landscaping. f. Developer shall make a cash payment for Tree Replacement as provided by City Code. 2. The following waivers are granted through the PUD for the project as indicated in the plans stamp dated May 22, 2023. A. Lot Size City Code requires a minimum lot size of two (2) acres for Neighborhood Commercial (N- COM) lots. This waiver allows a lot size of 1.19 acres. B. Lot Depth Staff Report – Bush Lake Pet Hospital May 22, 2023 Page 7 City Code requires a minimum average lot depth of 200 feet for Neighborhood Commercial (N-COM) lots. This waiver allows an average lot depth of 129 feet. UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, MAY 22, 2023 7:00 PM—CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Frank Sherwood, Andrew Pieper, Ed Farr, Carole Mette, Robert Taylor, Dan Grote, Charles Weber; Phou Sivilay CITY STAFF: Jeremy Barnhart, City Planner; Rod Rue, City Engineer; Matt Bourne, Parks & Natural Resources Manager; Kristin Harley, Recording Secretary I. CALL THE MEETING TO ORDER Chair Pieper called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE – ROLL CALL All commission members were present. III. APPROVAL OF AGENDA MOTION: Taylor moved, seconded by Kirk to approve the agenda as amended to consider Item VB first, then Item VA and Item VC. MOTION CARRIED 9-0. IV. MINUTES MOTION: Grote moved, seconded by Weber to approve the minutes of May 8, 2022. MOTION CARRIED 9-0. V. PUBLIC HEARINGS A. BAKER ROAD ASSISTED LIVING (2023-02) Request for: • Guide Plan Change from Office to Medium High Density Residential on 3.79 acres • PUD Concept Plan Review on 3.79 acres • PUD District Review with waivers on 3.79 acres • Zoning Change from Office to RM-2.5 on 3.79 acres • Site Plan Review on 3.79 acres PLANNING COMMISSION MINUTES May 22, 2023 Page 2 Eric Reinerson, Principal at SRA, displayed a PowerPoint and detailed the application. This was a unique reuse of the southwest quadrant of Highway 62 and Baker Road, with industrial uses to the west, Lifetime Fitness to the east, and a townhouse association to the south. This 1990s building had been built as an office, and was underutilized. The site had great potential so the parcel would be repositioned as an assisted living facility. It was wooded and well screened from the highway. There was a wetland on the east boundary and all setbacks were met. A low-lying area to the northwest and the hills to the west and south contributed to the natural, wooded atmosphere. Phase One would be the renovation and remodeling of the existing structure for 31 assisted living residents. A commercial kitchen, dining and group activity spaces, leisure activity spaces, and occupancy rooms would be added. In the future the owner would wish to expand this building. Reinerson displayed the addition with extended west and south of the existing building. It would contribute an additional 81 units along with the requisite parking. Reinerson displayed the elevations and materials, which were similar to the original materials of the current building. He explained the grading and drainage improvements as well as the access changes. The landscape plan met all tree replacement requirements. Where the perimeter hills dipped allowed for a pleasant view but the development would be scantly visible to neighbors, as well as a low-noise, low-traffic development. Farr asked if the shared access could handle increased traffic during holidays, and suggested a parking agreement with the 6200 building to accommodate this. Reinerson agreed to suggest this to the property owner. Farr asked if the receiving dock was for maintenance purposes and Reinerson replied it was for kitchen deliveries, whereas residents would be brought to the main entrance. Mette asked if the residents would share bathrooms. Reinerson replied they did, but did not have to go through a public corridor to access it. The residents would all have private suites with a shared bathroom. Barnhart presented the staff report. Four waivers were being requested among the five actions. Waiver from the covered parking requirement was supported for this development, since residents don’t drive and most traffic would come from relatives and visitors. The barrel roof was added at staff’s suggestion to mimic the original design, requiring the height waiver, and the parking island at the southwest corner of the building would be partly paved to accommodate a sidewalk and ADA ramp. The project met the landscaping requirements with tree replacement as part of Phase Two. Most of the vegetation along the south side would be kept to provide screening. A neighborhood meeting held in March and other outreach yielded no comments. Staff recommended approval. Mette asked what zoning allowed such density, and Barnhart replied there were none; TOD and Mixed Use allowed for higher density, with 17.04 being the highest. Mette replied she was surprised there was not a higher maximum density PLANNING COMMISSION MINUTES May 22, 2023 Page 3 requirement for a multifamily zoning district. She asked for and received confirmation the development entitlement extended into perpetuity. Barnhart explained any rules changes could trigger a PUD amendment. Mette asked if a previous similar developments required covered parking. Barnhart replied he did not believe there had been a formal waiver for covered parking but the plan was approved without covered parking. Mette noted there were different levels of assisted living, and asked if memory care would depart from other requirements of other kinds of assisted living. Barnhart replied the City was drafting requirements for the different levels of assistance (independent living, assisted living, memory care, et cetera). Kirk stated these three categories were familiar to him, and in other developments these could be mixed, complicating the requirements. He stated he supported the waivers. Mette replied this dedicated property was easier to address, but other developments could have different care levels that changed over time. Mette asked what the “elderly waiver” affordability category was. Barnhart replied it related to how this project was funded, how the tenant accessed the property, the tenant’s incomes, and what proportion of their rent was aided by the services they received. He offered to provide additional information to the City Council upon its review of this project. Farr asked if the landscaping required the removal of significant or heritage trees. Bourne replied perhaps one heritage tree would be removed in Phase One, and the replacement requirement was being met for Phase Two (36 trees, nonheritage). Farr asked for and received clarification the size of the tree was determined at the time of the approval of the application. Farr asked why screening was required between residential districts. Barnhart replied it was due to the density of the neighboring developments to the south. Farr asked if the moving van would block the circular fire lane. Barnhart replied this concern had not been raised during project review. The existing parking lot would be retained during Phase One and changed in Phase Two. He offered to alert the Fire Chief. Farr stated the two-story addition was disproportionate with the existing four-story building. Also, the materials did not match since the addition had a cornice but the original building did not. He suggested an addition more in keeping with the original design. MOTION: Grote moved, seconded by Taylor to close the public hearing. Motion carried 9-0. Mette stated the architecture was her main concern, but was not able to get specific as to why this was not what she expected. She supported the waivers. Kirk stated his support for the project. He added he was surprised Eden Prairie has a lot of assisted living but there was high demand. This was a good location, yet the architecture was a difficult question, as Farr and Mette had stated. In PLANNING COMMISSION MINUTES May 22, 2023 Page 4 general the rules produced good results and he proposed going ahead with this development despite its incongruities. Grote stated the residents would be looking out at a wonderful view, which overruled the concerns about the exterior architecture. Farr agreed, and stated he trusted staff to work with the applicant on a development that had so many good points in addition to the building design. MOTION: Kirk moved, seconded by Sherwood to recommend approval of the Guide Plan Change from Office to Medium High Density Residential on 3.79 acres; a PUD Concept Plan Review on 3.79 acres; a PUD District Review with waivers on 3.79 acres; a Zoning Change from Office to RM-2.5 on 3.79 acres; and a Site Plan Review on 3.79 acres, as represented in the staff report dated May 22, 2023 and the plans stamp dated April 28, 2023. Motion carried 9-0. B. BUSH LAKE PET HOSPITAL (2023-04) Request for: • Zoning Change from Office (OFC) to neighborhood Commercial (N- COM) on 1.19 acres • PUD Concept Review on 1.19 acres • PUD Review with waivers on 1.19 acres • Site Plan Review on 1.19 acres Michael Kohne of Highland Ventures, LTD, detailed the application. The proposed development was a 5,074 square foot, single-story building, which would divide 3,958 square feet for the hospital and 1,015 square feet for other commercial space. This was a vet relocation from Bloomington. There would be no overnight boarding of pets with the exception of surgical patients. The zoning was currently office, and the proposed change was to PUD guided commercial. The site had an unusual lot shape bounded by Hennepin Town Road and Highway 169 which resulted in design challenges that required waivers. The landscape material, water and sewer met requirements. There were a number of sustainable elements, including one conduit with a pole wire for EV charging in the parking lot. The anticipated start date was July 1, 2023 with a projected completion date of January 1, 2024. There was no shoreline and the site did not abut any water, so the flood plain Ordinance did not apply. Kohne displayed a PowerPoint and detailed the stormwater management plan with the stormwater retention system beneath the parking lot. PLANNING COMMISSION MINUTES May 22, 2023 Page 5 Dr. Douglas Gates of Bush Lake gave a brief history and overview of the pet hospital. Kohne displayed some renderings showing the elevation and materials. Residents attending the neighborhood meeting had concerns about traffic but were in general supportive of the project. Sivilay asked for and received confirmation there was space between this site with its fence and the access to the Kinderbury Hill PUD development. There would be some vegetative screening with trees. Mette noted the retail parking was 5 spaces per 1,000 and asked if the remaining vacant space would be sufficient for the neighboring tenant. She asked what kind of tenant the applicant was considering. Kohne did not have a specific answer but stated the intent was to avoid filling the retail space with a high-traffic tenant (a coffee shop, et cetera), but perhaps with light retail use. Mette suggested the main landscaping island in front of hospital entrance have plantings that would survive dogs’ uses of that area. Kohne replied the rear left corner had a 10- by 15-foot fenced in area for animals to use the restroom while on leash. Farr suggested the EV ready accommodation have panel boards and transformers of sufficient size that could handle the additional load. He also suggested the trash enclosure be rotated 90 degrees so that the gate would open to the right (south) and keep the doors out of public sight. He noted an opportunity for signage on the site alongside the northbound Highway 169 frontage road and stated the tenant might request that, so the parapet should be kept at a consistent height to facilitate this and screen the mechanical units. Taylor stated he had met with staff at the neighboring daycare center who were concerned about sharing the parking lot. Kohne replied there was the intention to include speed bumps but this plan was not that granular. Barnhart presented the staff report. The site was currently vacant and the applicant was seeking four actions: a zoning change from Office to Neighborhood Commercial; a PUD Concept Review; a PUD Development District Review with waivers; and a Site Plan Review. The zoning change to Neighborhood Commercial required a waiver due to the existing lot size and depth, and this change was the best fit for the neighborhood and was supported by staff. Nothing about the lot was changing. The setback and materials requirement were met and exceeded in this application. The access was through a shared parking easement and staff thought this connection was effective in reducing trips on Hennepin Town Road. Four parking spaces would be provided for the neighboring childcare service providing the connection. Staff recommended approval. Mette asked if the connection had previously gone through the PUD process and wondered why it was not going through this process now. Barnhart stated this site PLANNING COMMISSION MINUTES May 22, 2023 Page 6 had intended to be an office, but since it had never gone through the PUD process to be rezoned as office, it was not required for this application. Alicia Reeves, resident at 9673 Belmont Lane, stated she was speaking on behalf of a group that fully supported the hospital development but was concerned about the traffic on Hennepin Town Road. She requested the speed limit be reduced from 45 miles per hour on the approach to the site and 40 miles per hour around the corner along it. She also wished to hear the details about the connection with the childcare center, and suggested speed bumps and “child at play” signs. Jerry Maher, resident at 9778 Belmont Lane, stated at the exit on Belmont Lane the next car in sight would be 112 feet to the north (three seconds at 45 miles an hour), placing the onus upon the driver leaving Belmont Lane to change lanes or stop in time due to oncoming traffic. That was the reason for the request to lower the speed limit; however, increasing the sightline from Belmont Lane to Linden by cutting foliage would restore the street to how it looked 20 years ago at the formation of the association which owned the land on the west side of Belmont Lane. This was a protected wetland, so there were limitations on what could be cut. Concerned neighbors were meeting with the Traffic Engineer to brainstorm ideas. If the sightline could not be increased, the speed limit needed to be reduced and/or flashing signs need to be installed. MOTION: Weber moved, seconded by Taylor to close the public hearing. Motion carried 9-0. Kirk noted this was a difficult property for any design and found the plan to be a good use of it. Traffic movement inside and outside of the property were the main issues. Rue stated there were a few roads in Eden Prairie that were being reviewed for speed limits, and Hennepin Town Road was one of them. A traffic study would be required to reduce the speed limit. Enforcement was always an issue, and expansion of the sightlines was a viable option. Kirk noted there were already meetings with the Traffic Engineer on this issue. Mette agreed this was an important issue and wished the City Council to hear these concerns. Overall she found this site appropriate for the zoning change to Neighborhood Commercial and found the internal connection a good solution. Farr also expressed support for the development and hoped the issue of traffic on Hennepin Town Road would be resolved in a broader discussion. He stated he could make a motion that included the condition of rotating the trash enclosure 90 degrees and raise the parapet wall on the east elevation to accommodate signage. Barnhart replied the section of the building over 20 feet tall would be considered a second floor, which would require the applicant to come back and process a waiver at that time. Mette stated she would not support a future possible waiver that was part of a motion. She found that overly restrictive. Rather, the property PLANNING COMMISSION MINUTES May 22, 2023 Page 7 owner could consult with the trash provider to provide a flexible solution. Farr offered to make recommendations instead. Kirk concurred. MOTION: Farr moved, seconded by Kirk to recommend approval for a Zoning Change from Office (OFC) to neighborhood Commercial (N-COM) on 1.19 acres; a PUD Concept Review on 1.19 acres; a PUD Review with waivers on 1.19 acres; and a Site Plan Review on 1.19 acres as represented in the staff report dated May 22, 2023 and based on plans stamp dated May 20, 2023 with the further recommendation for staff to study the orientation of the trash enclosure and the height of the east building wall in relation to the highway. Motion carried 9-0. C. KIWATCHI (2022-11) Request for: • Zoning Change from Rural to R1-9.5 on 2.11 acres • Preliminary Plan of four lots and three outlots on 2.11 acres Craig Schmidt, resident of Eden Prairie, introduced Todd McLouth, project engineer. Schmidt displayed a PowerPoint and detailed the application. The site would be converted to four lots, one retained by Schmidt for his family. He displayed arial photographs and explained the site plan. Neighbors to the north would be sold 10-foot outlots and Outlot A would be deeded to the City, since it bordered a wetland. The current house would be demolished and replaced, and three lots would be sold. The proposal was consistent with the neighborhood. The project would be completed by 2024. Sivilay asked if Schmidt had estimates for remediation of the contamination noted in the environmental study. Schmidt replied he had not, but would receiving bidding estimates once ready. Taylor remarked this project would be an upgrade to the community. Farr also commended the project, and received clarification the northern neighbors had always expressed interest in acquiring more land, which Schmidt had given them as a neighborly gesture. Pieper asked for and received clarification this was for additions. Mette noted to the east there was another property almost as large, and asked if there was consideration of continuation with this neighboring lot. Schmidt replied that land was deeded to the City of Eden Prairie as wetland. Barnhart presented the staff report. All of the lots met minimum size and depth requirements. The lot deeded to the City would have stormwater management. Staff had received no comments from the public on this proposal. Payment would cover the deficit of trees added to the development (92 instead of 109 trees). Staff recommended approval. PLANNING COMMISSION MINUTES May 22, 2023 Page 8 Farr asked for and received clarification the sidewalk was on the east side of the development (Duck Lake Road). Mette asked if a new homeowner wishing to building a home would not need to go through the Planning Commission again, and Barnhart replied that was true. She asked how the City determined who installed the trees. Barnhart replied that would either be completed before construction, or it would be written into the development agreement. MOTION: Grote moved, seconded by Taylor to close the public hearing. Motion carried 9-0. Kirk commended the addition as a good use of the land. Weber agreed this would be a marked improvement. MOTION: Kirk moved, seconded by Grote to recommend approval of the Zoning Change from Rural to R1-9.5 on 2.1 acres; and a Preliminary Plan of four lots and three outlots on 2.11 acres as represented in the staff report May 22, 2023 and on the plans stamp dated May 5, 2023. Motion carried 9-0. PLANNERS’ REPORT MEMBERS’ REPORTS Pieper announced this was Rod Rue’s last meeting prior to retirement, and congratulated him for 43 years of service at Eden Prairie. VI. ADJOURNMENT MOTION: Sherwood moved, seconded by Grote to adjourn. Motion carried 9- 0. The meeting was adjourned at 8:33 p.m. May 31, 2023 Sent via Email to: bschneider@edenprairie.org jbarnhart@edenprairie.org RE: Highland Ventures Development To Whom it May Concern: Today, Michael Kohne, Highland Ventures and Jill Dunkley, Kinderberry Hill Child Development Center spoke via telephone in regards to the Highland Ventures development on the 1.19 acre parcel neighboring Kinderberry Hill child care center. Jill represents the owner of the Kinderberry Hill property and is in full support of the Highland Ventures development taking place next to their facility. With their support, Kinderberry Hill expects Highland Ventures to install a speed bump in the area where the two parking lots will connect. Kinderberry Hill also expects Highland Ventures to place a sign between the properties notifying traffic of a 5 MPH speed limit and notifying traffic that children are present. Highland Ventures is very happy to comply with this request. Should the city of Eden Prairie have any questions regarding this matter, Jill Dunkley can be reached at 763-383-6282. Sincerely, Jill Dunkley Cc: Michael Kohne, Benjamin Schneider, Jeremy Barnhart Proposed expansion in the Bloomington and Eden Prairie Communities Bush Lake Animal Hospital is a two-veterinarian practice currently located in the Southwest Metro area of Bloomington, MN. We see a variety of species, including dogs, cats, reptiles, and pocket pets. We're proud partners of many community businesses and remain committed to providing the best possible care for our patients and the pets of Bloomington and Eden Prairie. It's of the utmost importance that we increase accessibility to pet care within our area, and we’re excited about the opportunity to expand. The Bush Lake Team 10160 Hennepin Town Road • Eden Prairie, MN 55347 Our community is the center of what we do and why we do it. Currently, we work with several rescues, businesses, and schools in our region. Some of our partnerships include: • Veterinary care provider to pets at Petco and PetSmart • The University of Minnesota Vet School–Instructor for the exotics rotation for fourth-year vets • Reptiles Instruction–Veterinary Technician school • Rabbit Rescue of Minnesota • Snake Discovery • Underdog Rescue • K9 Units for veterinary care Our two veterinarians are Dr. Gates and Dr. Travis. In addition, we have a warm, friendly, and compassionate team to assist in delivering care to our patients. Dr. Gates Dr. Travis 10160 Hennepin Town Road • Eden Prairie, MN 55347 East / West Elevations 10160 Hennepin Town Road • Eden Prairie, MN 55347 East Elevation West Elevation Building Features • This design has been reviewed by the City of Eden Prairie and meets all known building requirements of the City • 4,120 SF state- of-the-art veterinary clinic • Ample parking spaces • Building designed to match look and feel of Eden Prairie community North / South Elevations 10160 Hennepin Town Road • Eden Prairie, MN 55347 South Elevation North Elevation Building Features • Facility will be daytime veterinary clinic only • Building is designed to work with neighboring day care center and shares parking access • The clinic is designed to be as minimally intrusive to the neighborhood as possible Site Layout Plan 10160 Hennepin Town Road • Eden Prairie, MN 55347 • Sight lines from Hennepin Town Road make access in and out safe • Trip generation report shows this development will not add meaningful traffic to the area Planting Plan 10160 Hennepin Town Road • Eden Prairie, MN 55347 • Trees and shrubs to be planted according to plan • Improved landscaping provides park-like setting Questions? 10160 Hennepin Town Road • Eden Prairie, MN 55347 Requested Action Move to: • Close the Public Hearing; and • Approve the 1st Reading of an Ordinance for a Zoning Change from Rural to R1-9.5 on 2.11 acres • Adopt a Resolution for a Preliminary Plat of one parcel into 4 lots and 3 outlots on 2.11 acres • Adopt a Resolution for the Findings of Fact in Support of Park Dedication Fees • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions • Authorize the issuance of an early Land Alteration Permit for Kiwatchi Addition at the request of the Developer subject to the conditions outlined in the permit. Synopsis The applicant is requesting approval to divide one parcel into 4 single family lots and 3 outlots. The 2.11- acre property is located at 6285 Duck Lake Road. The land is generally flat with some trees and a small piece of wetland along the east property line. The wetland is part of a larger wetland on City-owned property to the east. The existing home on proposed Lot 3 will be demolished when site work begins. The property is guided Low Density Residential, which allows a density of 0.1-5 units per acre. The proposed density of 1.9 units per acre is consistent with the guiding. Current zoning is Rural and the applicant is requesting a zone change to R1-9.5. The lots conform to the R1-9.5 zoning standards. The wetland, wetland buffer and stormwater management will be encompassed in Outlot A. The Outlot will be deeded to the City so the City can preserve the wetland and wetland buffer and maintain the stormwater management facility. Outlots B and C may be transferred to the property owners to the north to add square footage to their lots. The applicant will be installing a public sidewalk along the Duck Lake Road frontage of the property. Background The Planning Commission voted 9 to 0 to recommend approval of the project at their meeting on May 22, 2023. Attachments 1. Ordinance for Zoning Change 2. Resolution for Preliminary Plat 3. Resolution for the Findings of Fact in Support of Park Dedication Fees 4. Planning Commission Staff Report 5. Planning Commission Unapproved Minutes dated May 22, 2023. CITY COUNCIL AGENDA SECTION: Public Hearings DATE 06/13/2023 DEPARTMENT / DIVISION: Community Development/Planning Julie Klima/Beth Novak-Krebs ITEM DESCRIPTION Kiwatchi Addition ITEM NO. IX.B. KIWATCHI ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2023 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 11 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the “land”) is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural Zoning District and be placed in the R1-9.5 Zoning District. Section 3. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural Zoning District and shall be included hereafter in the R1-9.5 Zoning District, and the legal descriptions of land in each Zoning District referred to in City Code Section 11.03, Subdivision1, Subparagraph B, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Section 11.99, “Violation a Misdemeanor” are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of ________, 2023, entered into between 6285 Duck Lake, LLC, and the City of Eden Prairie, and which Agreement are hereby made a part hereof. Section 6. 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 13th day of June, 2023, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the ____ day of ________, 2023. ATTEST: ___________________________ _____________________________ Nicole Tingley, City Clerk Ronald A. Case, Mayor PUBLISHED in the Sun Sailor on__________________, 2023. EXHIBIT A Legal Description Prior to Final Plat That part of the Northeast Quarter of the Northwest Quarter of Section 5, Township 116, Range 22, described as beginning at a point on the West line of said Northeast Quarter of the Northwest Quarter a distance of 463.3 feet South of the Northwest corner thereof; thence South along said West line to a point 789.2 feet North of the Southwest corner of said Northeast Quarter of the Northwest Quarter; thence East parallel with the South line of said Northeast Quarter of the Northwest Quarter, a distance of 280.55 feet; thence North 321.49 feet along a line which if extended would intersect the North line of said Northeast Quarter of the Northwest Quarter at a point 282.46 feet East of the Northwest corner of said Northeast Quarter of the Northwest Quarter; thence West to the point of beginning. Torrens Property Legal Description After the Final Plat Lots 1-4 and Outlots A, B, and C, Kiwatchi Addition, Hennepin County, Minnesota CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2023-60 RESOLUTION APPROVING THE PRELIMINARY PLAT OF KIWATCHI ADDITION FOR CRAIG AND JESSICA SCHMIDT BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Kiwatchi Addition for Craig and Jessica Schmidt stamp dated May 31, 2023, and consisting of 2.11 acres into 4 lots and 3 outlots, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved subject to approval of the 2nd reading of the Ordinance for the Zoning District change and approval of the Development Agreement. ADOPTED by the Eden Prairie City Council on the 13th day of June, 2023. _______________________________ Ronald A. Case, Mayor ATTEST: __________________________ Nicole Tingley, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2023-61 A RESOLUTION ADOPTING FINDINGS OF FACT IN SUPPORT OF PARK DEDICATION FEES FOR KIWATCHI ADDITION WHEREAS, City Code Chapter 12, Section 12.40 Subd. 1 requires an owner of land being subdivided to dedicate to the public for public use as parks, playgrounds or public open space a reasonable portion of the land up to 10% thereof; and, WHEREAS, in lieu of dedicating land, City Code Chapter 12, Section 12.40 Subd. 2; gives the City the option to require the developer to contribute an equivalent amount in cash in lieu of all or a portion of the land which the City may require such owner to dedicate in accordance with the schedule to be set by resolution of the Council; WHEREAS, the Kiwatchi Addition project includes subdivision of property pursuant to City Code Chapter 12 into 4 single-family lots and 3 outlots (the “Project”); WHEREAS the payment of cash park fees in lieu of land dedication is appropriate given the nature of the use on the property; WHEREAS, the City’s current fee ordinance sets the cash park fee at $5,500 per residential unit, which amount was calculated in accordance with Minn. Stat. § 462.358, subd. 2b(c); WHEREAS, the City Council held a public hearing at its June 13, 2023 meeting; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that the following findings are hereby adopted in support of the imposition of a cash park fee in lieu of land dedication as a condition of subdivision approval for the Kiwatchi Addition project: 1. The Project does not include available land that is suitable for parkland. The land areas outside of the developable area include wetlands and will be protected by a Drainage and Utility Easement that prohibits development. 2. The Project includes the construction of 4 single-family homes. Development and occupancy of the units is expected to have an impact on the City’s parks and trail system. 3. The Project is connected to a public sidewalk system providing access to a public trail along Highway 62 and to parks and open spaces, increasing the likelihood that residents of the Project will use the City’s trails, parks, and open spaces. 4. The City has sidewalks and trails throughout the neighborhood. The City improves and maintains the pedestrian and bicycle facilities for all residents to enjoy. 5. There is an essential nexus between requiring the cash park fees for the Project and the City’s goal of providing a high-quality park system for all individuals who live or work in the City, including residents of the Project. 6. The need for parkland created by the Project is roughly proportional to the cash park fee amount required by the City’s fee ordinance. The cash park fees will be used for future anticipated park acquisition and improvement projects in the City, pedestrian and bicycle facility improvements, and other projects to improve City park and recreational facilities that are likely to be used by residents of the Project. ADOPTED by the City Council of the City of Eden Prairie this 13th day of June, 2023. _____________________________ Ronald A. Case, Mayor ATTEST: ___________________________ Nicole Tingley, City Clerk STAFF REPORT TO: Planning Commission FROM: Beth Novak-Krebs, Senior Planner DATE: May 22, 2023 SUBJECT: Kiwatchi Development LOCATION: 6285 Duck Lake Road REQUEST: • Zoning Change from Rural to R1-9.5 on 2.11 acres • Preliminary Plat of 4 lots and 3 outlots on 2.11 acres BACKGROUND The applicant is requesting approval to divide one parcel into 4 single family lots and 3 outlots. The 2.11-acre property is located at 6285 Duck Lake Road located at the corner of Duck Lake Road and Claycross Way. Currently, there is a single-family home in the southwest corner of the property. The land is generally flat with some trees and a small piece of wetland along the east property line. There are residential uses to north, south and west and a wetland and residential to the east. The proposed lots range in size from 10,980 square feet to 17,621 square feet. Three of the lots will front on Duck Lake Road while one of the lots will front on Claycross Way. COMPREHENSIVE PLAN AND ZONING The property is guided Low Density Residential in Aspire 2040, which allows a density of 0.1-5 units per acre. The proposed density is 1.9 units per acre, which is consistent with the density ranges provided in the Comprehensive Plan. The property is currently zoned Rural. The applicant is requesting a rezoning to the R1-9.5 Zoning District. The zoning of the surrounding properties includes R1-9.5 to the west and R1-13.5 to the north, south and east. The lot sizes and character of the proposed lots are similar to the surround lots. The proposed lots are consistent with the character of the neighborhood. Project Site Staff Report – Kiwatchi Subdivision Page 2 2 PRELIMINARY PLAT The applicant is proposing a preliminary plat that would create 4 lots with one of the lots to include the current single-family home. The applicant intends to demolish the existing home in the summer of 2023. There is a small wetland area along the east property line. This small wetland area is connected to the larger wetland on the City-owned property to the east. The wetland buffer on the west side of the wetland extends onto the subject property. Outlot A will encompass the small wetland area, the buffer, and the stormwater pond. The applicant is proposing to deed Outlot A to the City as it is directly adjacent to City-owned property. The applicant is proposing to sell the land encompassed by Outlots B and C to the adjacent property owners to the north. Once the property has been transferred to the adjacent property owners, they will need to go through a process to combine their current lot and the new Project Site Project Site Current Zoning Proposed Zoning Staff Report – Kiwatchi Subdivision Page 3 3 Outlot to create one larger lot for each of them. TREE REPLACEMENT PLAN The project requires 109 caliper inches for tree replacement. The caliper inches proposed for tree replacement is 92.5 caliper inches. The plan includes canopy and evergreen trees. There is a stand of trees at the back of proposed Lot 1, and the applicant is proposing to preserve some of those trees. In order to comply with City Code, the applicant has agreed to pay the fee in lieu of tree replacement for 16.5 caliper inches. The applicant has provided a Phasing Plan for the tree replacement. The trees closest to the building pads will be installed after the construction of each of the homes is complete. This ensures that those trees will not be damaged during construction. The trees further behind the house pads will be installed once the grading of the site is complete. SIDEWALKS There is an existing sidewalk on the west side of Duck Lake Road from Duck Lake Trail to Highway 62. There is also a sidewalk on the east side of Duck Lake Road, but it only extends from Duck Lake Trail to Claycross Way. The applicant will be constructing a sidewalk along its frontage of Duck Lake Road. There are no sidewalks along Claycross Way, and no sidewalks are recommended. PHASE I AND II ENVIRONMENTAL SITE ASSESSMENTS (ESA) A Phase I ESA was prepared for the property. Over the years, construction waste was dumped in the northwest corner of the property and covered with gravel. The material in this area is considered undocumented fill and is identified as a Recognized Environmental Condition (REC) because of the potential for this area to contain contaminants. There is a statement in the Phase I ESA that this area is an environmental concern. Given this information, the City required the applicant to prepare a Phase II ESA. A Phase II Environmental Site Assessment (ESA) was conducted in the vicinity of historic fill identified in the Phase I ESA. One boring identified levels of Polycyclic Aromatic Hydrocarbons (PAHs) that are above acceptable levels for residential fill. The boring is also within an area where geotechnical corrections are recommended for structural support. Thus, as recommended in the Phase II ESA, any material removed from within a 20 foot radius of the boring with elevated PAH levels must be removed and disposed of in accordance with Minnesota Pollution Control Agency protocols. This will be incorporated into the Development Agreement. DRAINAGE Stormwater for the site is managed at one centralized infiltration basin. Runoff collected by catch basins within the right of way within Duck Lake Road and Claycross Way is discharged to the basin for treatment. The basin is within an outlot and will be owned and maintained by the City. UTILITIES There are existing water mains and sanitary sewer mains along both Duck Lake Road and Claycross Way. The homes can be connected to the existing sewer and water system. There are sewer and water services stubbed in front of the existing home on Duck Lake Road; however, the existing home is not connected to those stubs and Staff Report – Kiwatchi Subdivision Page 4 4 still has a well and septic system. There is an existing sanitary sewer stubbed in front of proposed Lot 2. Staff recommends that the applicant utilize the existing sanitary sewer and water stubs to reduce the number of cuts into the adjacent streets to provide those services. NEIGHBORHOOD MEETINGS AND RESIDENT INPUT On August 12, 2022, the applicant held a neighborhood meeting. The meeting was held via zoom from 6:00 pm to 7:00 pm. According to the applicant, 7 neighbors attended the neighborhood meeting. Based on a summary provided by the applicant, there were questions about stormwater, the number of proposed lots, the plans for demolishing the existing home, cost of the lots and timing on project completion. SUSTAINABILITY The applicant is proposing a number of sustainable features in this project as listed below: • Use of energy efficient fixtures and appliances • Installation of EV-ready circuits for future charging stations in each garage • Preserving the wetland area on the east side of the property • Eliminating an invasive species (Japanese Knotweed) to prevent it from spreading to other areas. STAFF RECOMMENDATION Recommend approval of the following requests: • Zoning Change from Rural to R1-9.5 • Preliminary Plat of 4 lots and 3 outlots on 2.11 acres This is based on plans submitted on May 5, 2023, staff report dated May 22, 2023 and the following conditions: 1. Prior to release of the Final Plat, the applicant shall A. Sign special assessment agreement for City trunk sewer and water assessment fees and connection fees. B. Submit detailed storm water runoff, utility and erosion control plans for review by the City Engineer and Watershed District. C. Tender a warranty deed for Outlot A for review and written approval by the City Engineer. After approval of the warranty deed and filing of the final plat, file the warranty deed with Hennepin County. D. Provide copies of legal documents, either in Homeowners Association format or private covenant and agreement format to be approved by the City. E. Submit a bond, letter of credit, or cash deposit (“security”) that guarantees completion of all public improvements equivalent to 125% of the cost of the improvements. 3. Prior to land alteration permit issuance, the applicant shall: A. Submit detailed storm water runoff, wetland, utility, street and erosion control plans for review and approval by the City Engineer. Staff Report – Kiwatchi Subdivision Page 5 5 B. Submit an executed landscape agreement and final tree replacement plan. C. Submit a landscaping letter of credit or escrow surety equivalent to 150% of the cost of the tree replacement. D. Obtain and provide documentation of Watershed District approval. E. Notify the City and Watershed District 48 hours in advance of grading. F. Install erosion control at the grading limits of the property for review and approval by the City. G. Submit a land alteration bond, letter of credit, or escrow surety equivalent to 125% of the cost of the land alteration. H. Submit a wetland protection bond, letter of credit, or escrow surety equivalent to 150% of the wetland plan requirements included in the Development Agreement. I. Provide information about the method intended to be used to eradicate the Japanese Knotweed. 4. Prior to building permit issuance for the lots, the applicant shall: A. Pay the appropriate cash park fees. B. Provide recorded copies of any Home Owner Association documents or private covenants and agreements, and the warranty deed for Outlot A to the City following recording of the final plat. C. Submit construction plans and project specifications for public infrastructure for review and approval by the City Engineer. UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, MAY 22, 2023 7:00 PM—CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Frank Sherwood, Andrew Pieper, Ed Farr, Carole Mette, Robert Taylor, Dan Grote, Charles Weber; Phou Sivilay CITY STAFF: Jeremy Barnhart, City Planner; Rod Rue, City Engineer; Matt Bourne, Parks & Natural Resources Manager; Kristin Harley, Recording Secretary I. CALL THE MEETING TO ORDER Chair Pieper called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE – ROLL CALL All commission members were present. III. APPROVAL OF AGENDA MOTION: Taylor moved, seconded by Kirk to approve the agenda as amended to consider Item VB first, then Item VA and Item VC. MOTION CARRIED 9-0. IV. MINUTES MOTION: Grote moved, seconded by Weber to approve the minutes of May 8, 2022. MOTION CARRIED 9-0. V. PUBLIC HEARINGS A. BAKER ROAD ASSISTED LIVING (2023-02) Request for: • Guide Plan Change from Office to Medium High Density Residential on 3.79 acres • PUD Concept Plan Review on 3.79 acres • PUD District Review with waivers on 3.79 acres • Zoning Change from Office to RM-2.5 on 3.79 acres • Site Plan Review on 3.79 acres PLANNING COMMISSION MINUTES May 22, 2023 Page 2 Eric Reinerson, Principal at SRA, displayed a PowerPoint and detailed the application. This was a unique reuse of the southwest quadrant of Highway 62 and Baker Road, with industrial uses to the west, Lifetime Fitness to the east, and a townhouse association to the south. This 1990s building had been built as an office, and was underutilized. The site had great potential so the parcel would be repositioned as an assisted living facility. It was wooded and well screened from the highway. There was a wetland on the east boundary and all setbacks were met. A low-lying area to the northwest and the hills to the west and south contributed to the natural, wooded atmosphere. Phase One would be the renovation and remodeling of the existing structure for 31 assisted living residents. A commercial kitchen, dining and group activity spaces, leisure activity spaces, and occupancy rooms would be added. In the future the owner would wish to expand this building. Reinerson displayed the addition with extended west and south of the existing building. It would contribute an additional 81 units along with the requisite parking. Reinerson displayed the elevations and materials, which were similar to the original materials of the current building. He explained the grading and drainage improvements as well as the access changes. The landscape plan met all tree replacement requirements. Where the perimeter hills dipped allowed for a pleasant view but the development would be scantly visible to neighbors, as well as a low-noise, low-traffic development. Farr asked if the shared access could handle increased traffic during holidays, and suggested a parking agreement with the 6200 building to accommodate this. Reinerson agreed to suggest this to the property owner. Farr asked if the receiving dock was for maintenance purposes and Reinerson replied it was for kitchen deliveries, whereas residents would be brought to the main entrance. Mette asked if the residents would share bathrooms. Reinerson replied they did, but did not have to go through a public corridor to access it. The residents would all have private suites with a shared bathroom. Barnhart presented the staff report. Four waivers were being requested among the five actions. Waiver from the covered parking requirement was supported for this development, since residents don’t drive and most traffic would come from relatives and visitors. The barrel roof was added at staff’s suggestion to mimic the original design, requiring the height waiver, and the parking island at the southwest corner of the building would be partly paved to accommodate a sidewalk and ADA ramp. The project met the landscaping requirements with tree replacement as part of Phase Two. Most of the vegetation along the south side would be kept to provide screening. A neighborhood meeting held in March and other outreach yielded no comments. Staff recommended approval. Mette asked what zoning allowed such density, and Barnhart replied there were none; TOD and Mixed Use allowed for higher density, with 17.04 being the highest. Mette replied she was surprised there was not a higher maximum density PLANNING COMMISSION MINUTES May 22, 2023 Page 3 requirement for a multifamily zoning district. She asked for and received confirmation the development entitlement extended into perpetuity. Barnhart explained any rules changes could trigger a PUD amendment. Mette asked if a previous similar developments required covered parking. Barnhart replied he did not believe there had been a formal waiver for covered parking but the plan was approved without covered parking. Mette noted there were different levels of assisted living, and asked if memory care would depart from other requirements of other kinds of assisted living. Barnhart replied the City was drafting requirements for the different levels of assistance (independent living, assisted living, memory care, et cetera). Kirk stated these three categories were familiar to him, and in other developments these could be mixed, complicating the requirements. He stated he supported the waivers. Mette replied this dedicated property was easier to address, but other developments could have different care levels that changed over time. Mette asked what the “elderly waiver” affordability category was. Barnhart replied it related to how this project was funded, how the tenant accessed the property, the tenant’s incomes, and what proportion of their rent was aided by the services they received. He offered to provide additional information to the City Council upon its review of this project. Farr asked if the landscaping required the removal of significant or heritage trees. Bourne replied perhaps one heritage tree would be removed in Phase One, and the replacement requirement was being met for Phase Two (36 trees, nonheritage). Farr asked for and received clarification the size of the tree was determined at the time of the approval of the application. Farr asked why screening was required between residential districts. Barnhart replied it was due to the density of the neighboring developments to the south. Farr asked if the moving van would block the circular fire lane. Barnhart replied this concern had not been raised during project review. The existing parking lot would be retained during Phase One and changed in Phase Two. He offered to alert the Fire Chief. Farr stated the two-story addition was disproportionate with the existing four-story building. Also, the materials did not match since the addition had a cornice but the original building did not. He suggested an addition more in keeping with the original design. MOTION: Grote moved, seconded by Taylor to close the public hearing. Motion carried 9-0. Mette stated the architecture was her main concern, but was not able to get specific as to why this was not what she expected. She supported the waivers. Kirk stated his support for the project. He added he was surprised Eden Prairie has a lot of assisted living but there was high demand. This was a good location, yet the architecture was a difficult question, as Farr and Mette had stated. In PLANNING COMMISSION MINUTES May 22, 2023 Page 4 general the rules produced good results and he proposed going ahead with this development despite its incongruities. Grote stated the residents would be looking out at a wonderful view, which overruled the concerns about the exterior architecture. Farr agreed, and stated he trusted staff to work with the applicant on a development that had so many good points in addition to the building design. MOTION: Kirk moved, seconded by Sherwood to recommend approval of the Guide Plan Change from Office to Medium High Density Residential on 3.79 acres; a PUD Concept Plan Review on 3.79 acres; a PUD District Review with waivers on 3.79 acres; a Zoning Change from Office to RM-2.5 on 3.79 acres; and a Site Plan Review on 3.79 acres, as represented in the staff report dated May 22, 2023 and the plans stamp dated April 28, 2023. Motion carried 9-0. B. BUSH LAKE PET HOSPITAL (2023-04) Request for: • Zoning Change from Office (OFC) to neighborhood Commercial (N- COM) on 1.19 acres • PUD Concept Review on 1.19 acres • PUD Review with waivers on 1.19 acres • Site Plan Review on 1.19 acres Michael Kohne of Highland Ventures, LTD, detailed the application. The proposed development was a 5,074 square foot, single-story building, which would divide 3,958 square feet for the hospital and 1,015 square feet for other commercial space. This was a vet relocation from Bloomington. There would be no overnight boarding of pets with the exception of surgical patients. The zoning was currently office, and the proposed change was to PUD guided commercial. The site had an unusual lot shape bounded by Hennepin Town Road and Highway 169 which resulted in design challenges that required waivers. The landscape material, water and sewer met requirements. There were a number of sustainable elements, including one conduit with a pole wire for EV charging in the parking lot. The anticipated start date was July 1, 2023 with a projected completion date of January 1, 2024. There was no shoreline and the site did not abut any water, so the flood plain Ordinance did not apply. Kohne displayed a PowerPoint and detailed the stormwater management plan with the stormwater retention system beneath the parking lot. PLANNING COMMISSION MINUTES May 22, 2023 Page 5 Dr. Douglas Gates of Bush Lake gave a brief history and overview of the pet hospital. Kohne displayed some renderings showing the elevation and materials. Residents attending the neighborhood meeting had concerns about traffic but were in general supportive of the project. Sivilay asked for and received confirmation there was space between this site with its fence and the access to the Kinderbury Hill PUD development. There would be some vegetative screening with trees. Mette noted the retail parking was 5 spaces per 1,000 and asked if the remaining vacant space would be sufficient for the neighboring tenant. She asked what kind of tenant the applicant was considering. Kohne did not have a specific answer but stated the intent was to avoid filling the retail space with a high-traffic tenant (a coffee shop, et cetera), but perhaps with light retail use. Mette suggested the main landscaping island in front of hospital entrance have plantings that would survive dogs’ uses of that area. Kohne replied the rear left corner had a 10- by 15-foot fenced in area for animals to use the restroom while on leash. Farr suggested the EV ready accommodation have panel boards and transformers of sufficient size that could handle the additional load. He also suggested the trash enclosure be rotated 90 degrees so that the gate would open to the right (south) and keep the doors out of public sight. He noted an opportunity for signage on the site alongside the northbound Highway 169 frontage road and stated the tenant might request that, so the parapet should be kept at a consistent height to facilitate this and screen the mechanical units. Taylor stated he had met with staff at the neighboring daycare center who were concerned about sharing the parking lot. Kohne replied there was the intention to include speed bumps but this plan was not that granular. Barnhart presented the staff report. The site was currently vacant and the applicant was seeking four actions: a zoning change from Office to Neighborhood Commercial; a PUD Concept Review; a PUD Development District Review with waivers; and a Site Plan Review. The zoning change to Neighborhood Commercial required a waiver due to the existing lot size and depth, and this change was the best fit for the neighborhood and was supported by staff. Nothing about the lot was changing. The setback and materials requirement were met and exceeded in this application. The access was through a shared parking easement and staff thought this connection was effective in reducing trips on Hennepin Town Road. Four parking spaces would be provided for the neighboring childcare service providing the connection. Staff recommended approval. Mette asked if the connection had previously gone through the PUD process and wondered why it was not going through this process now. Barnhart stated this site PLANNING COMMISSION MINUTES May 22, 2023 Page 6 had intended to be an office, but since it had never gone through the PUD process to be rezoned as office, it was not required for this application. Alicia Reeves, resident at 9673 Belmont Lane, stated she was speaking on behalf of a group that fully supported the hospital development but was concerned about the traffic on Hennepin Town Road. She requested the speed limit be reduced from 45 miles per hour on the approach to the site and 40 miles per hour around the corner along it. She also wished to hear the details about the connection with the childcare center, and suggested speed bumps and “child at play” signs. Jerry Maher, resident at 9778 Belmont Lane, stated at the exit on Belmont Lane the next car in sight would be 112 feet to the north (three seconds at 45 miles an hour), placing the onus upon the driver leaving Belmont Lane to change lanes or stop in time due to oncoming traffic. That was the reason for the request to lower the speed limit; however, increasing the sightline from Belmont Lane to Linden by cutting foliage would restore the street to how it looked 20 years ago at the formation of the association which owned the land on the west side of Belmont Lane. This was a protected wetland, so there were limitations on what could be cut. Concerned neighbors were meeting with the Traffic Engineer to brainstorm ideas. If the sightline could not be increased, the speed limit needed to be reduced and/or flashing signs need to be installed. MOTION: Weber moved, seconded by Taylor to close the public hearing. Motion carried 9-0. Kirk noted this was a difficult property for any design and found the plan to be a good use of it. Traffic movement inside and outside of the property were the main issues. Rue stated there were a few roads in Eden Prairie that were being reviewed for speed limits, and Hennepin Town Road was one of them. A traffic study would be required to reduce the speed limit. Enforcement was always an issue, and expansion of the sightlines was a viable option. Kirk noted there were already meetings with the Traffic Engineer on this issue. Mette agreed this was an important issue and wished the City Council to hear these concerns. Overall she found this site appropriate for the zoning change to Neighborhood Commercial and found the internal connection a good solution. Farr also expressed support for the development and hoped the issue of traffic on Hennepin Town Road would be resolved in a broader discussion. He stated he could make a motion that included the condition of rotating the trash enclosure 90 degrees and raise the parapet wall on the east elevation to accommodate signage. Barnhart replied the section of the building over 20 feet tall would be considered a second floor, which would require the applicant to come back and process a waiver at that time. Mette stated she would not support a future possible waiver that was part of a motion. She found that overly restrictive. Rather, the property PLANNING COMMISSION MINUTES May 22, 2023 Page 7 owner could consult with the trash provider to provide a flexible solution. Farr offered to make recommendations instead. Kirk concurred. MOTION: Farr moved, seconded by Kirk to recommend approval for a Zoning Change from Office (OFC) to neighborhood Commercial (N-COM) on 1.19 acres; a PUD Concept Review on 1.19 acres; a PUD Review with waivers on 1.19 acres; and a Site Plan Review on 1.19 acres as represented in the staff report dated May 22, 2023 and based on plans stamp dated May 20, 2023 with the further recommendation for staff to study the orientation of the trash enclosure and the height of the east building wall in relation to the highway. Motion carried 9-0. C. KIWATCHI (2022-11) Request for: • Zoning Change from Rural to R1-9.5 on 2.11 acres • Preliminary Plan of four lots and three outlots on 2.11 acres Craig Schmidt, resident of Eden Prairie, introduced Todd McLouth, project engineer. Schmidt displayed a PowerPoint and detailed the application. The site would be converted to four lots, one retained by Schmidt for his family. He displayed arial photographs and explained the site plan. Neighbors to the north would be sold 10-foot outlots and Outlot A would be deeded to the City, since it bordered a wetland. The current house would be demolished and replaced, and three lots would be sold. The proposal was consistent with the neighborhood. The project would be completed by 2024. Sivilay asked if Schmidt had estimates for remediation of the contamination noted in the environmental study. Schmidt replied he had not, but would receiving bidding estimates once ready. Taylor remarked this project would be an upgrade to the community. Farr also commended the project, and received clarification the northern neighbors had always expressed interest in acquiring more land, which Schmidt had given them as a neighborly gesture. Pieper asked for and received clarification this was for additions. Mette noted to the east there was another property almost as large, and asked if there was consideration of continuation with this neighboring lot. Schmidt replied that land was deeded to the City of Eden Prairie as wetland. Barnhart presented the staff report. All of the lots met minimum size and depth requirements. The lot deeded to the City would have stormwater management. Staff had received no comments from the public on this proposal. Payment would cover the deficit of trees added to the development (92 instead of 109 trees). Staff recommended approval. PLANNING COMMISSION MINUTES May 22, 2023 Page 8 Farr asked for and received clarification the sidewalk was on the east side of the development (Duck Lake Road). Mette asked if a new homeowner wishing to building a home would not need to go through the Planning Commission again, and Barnhart replied that was true. She asked how the City determined who installed the trees. Barnhart replied that would either be completed before construction, or it would be written into the development agreement. MOTION: Grote moved, seconded by Taylor to close the public hearing. Motion carried 9-0. Kirk commended the addition as a good use of the land. Weber agreed this would be a marked improvement. MOTION: Kirk moved, seconded by Grote to recommend approval of the Zoning Change from Rural to R1-9.5 on 2.1 acres; and a Preliminary Plan of four lots and three outlots on 2.11 acres as represented in the staff report May 22, 2023 and on the plans stamp dated May 5, 2023. Motion carried 9-0. PLANNERS’ REPORT MEMBERS’ REPORTS Pieper announced this was Rod Rue’s last meeting prior to retirement, and congratulated him for 43 years of service at Eden Prairie. VI. ADJOURNMENT MOTION: Sherwood moved, seconded by Grote to adjourn. Motion carried 9- 0. The meeting was adjourned at 8:33 p.m. Eden Prairie City Council –KiwatchiJune 13, 2023 Agenda SELECTIONS WALL 2 Location Map 3 Aerial Photo 1 Introduction 4 Preliminary Plat5Site Data 6 Schedule 1. Introduction to Kiwatchi Land Developer SELECTIONS WALL •First time land developers (Craig & Jessica Schmidt) using expertise of land planner (Todd McLouth, Loucks) that specializes in the following services: Planning Civil engineering Land surveying Landscape architecture Environmental •6285 Duck Lake, LLC (100% owned by Craig & Jessica Schmidt –current Eden Prairie Residents) •Zoned Rural Land with 1 House is being converted into 4 lots (1 of which will be retained by Craig & Jessica) •Land was purchased from Chuck Gould via a Contract for Deed executed in January 2021. 2. Location Map SELECTIONS WALL 3. Aerial Photo SELECTIONS WALL 4. Preliminary Plat SELECTIONS WALL -Outlots B and C being sold to Neighbors -Outlot A required by both City and Watershed District due to neighboring Wetland. Deeded to City. -Lot 1 (being sold) -Lot 2 (being sold) -Lot 3 (home being demolished and lot being sold) -Lot 4 (retained by Craig & Jessica) 5. Site Data SELECTIONS WALL SELECTIONS WALLQuestions? Requested Action Move to: • Close the public hearing and, • Adopt a Resolution for a Guide Plan Change from Office to Medium High Density Residential on 3.79 acres • Adopt a Resolution for a PUD Concept Plan Review on 3.79 acres • Approve the 1st Reading of an Ordinance for a PUD District Review with waivers and a Zoning Change from Office to RM-2.5 on 3.79 acres • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions Synopsis The applicant is requesting approval to construct an assisted living facility at 6216 Baker Road. The 3.79-acre property is located south of Highway 62 and west of Baker Road. The project improvements are proposed in two phases. Phase I includes a renovation of the existing 16,309 square foot office building into 24 assisted living units with a total of 31 beds. The majority of the improvements in this phase will be interior to the building, though there are minor exterior improvements. Phase II is proposed to include a 52,938 square foot 4-story addition to the building, which would add 81 units with a total of 81 beds. At full build out, the facility will have a total of 105 units and 112 beds. Phase II would include significant site work. Ultimately, the project will provide assisted living and treatment for patients suffering from dementia. The property is guided Office in the Comprehensive Plan. The applicant is requesting approval of a Comprehensive Plan Amendment to reguide the property to Medium High Density Residential, which allows a density of 14 to 40 units per acre. At full build out of Phase I and II, the density of the project will be 27.7 units per acre. The property is zoned Office and the applicant is requesting a zone change to RM-2.5. Background At its May 22, 2023 meeting, the Planning Commission discussed the building architecture and building materials. Some of the comments included the possibility of removing the cornice and matching the roofline of the existing building, extending the bump outs to the ground and including more of the red brick. In an effort to address the comments from the Planning Commission, the applicant made several revisions to the building architecture and materials as summarized below: • Extended the darker brick up to the third floor and added an accent line, which continues the established roofline and pattern of the existing building. Changed the second brick from a tan color to a lighter reddish color. • Removed the barrel roof feature and included a stepped cornice at the bump outs. CITY COUNCIL AGENDA SECTION: Public Hearings DATE 06/13/2023 DEPARTMENT/DIVISION: Community Development/Planning Julie Klima/Beth Novak-Krebs ITEM DESCRIPTION Baker Road Assisted Living ITEM NO. IX.C. • Created a layered bump out with a color change to add visual interest. The rendering below depicts the changes made subsequent to the Planning Commission meeting. Staff recommends adding the barrel roof feature back into the building architecture. This feature helps visually tie the existing building and the addition together. Commissioners also asked about the Elderly Waiver program, as that program supports the City’s Inclusionary Housing efforts for this project. The Elderly Waiver is a state Department of Human Services (DHS) program that is similar to the Housing Choice Voucher / Section 8 program for older residents who need a level of service comparable to a nursing home but wish (and income qualify) to use this waiver to live elsewhere in the community. Residents must qualify for Medical Assistance to receive the waiver. The City’s Inclusionary Ordinance requires that a certain percentage of units created be affordable at a given AMI level (generally, the developer’s choice of 5% of units affordable to households at or below 30% of AMI, 10% at or below 50%, or 15% at or below 60% AMI). Because the Elderly Waiver program uses a percentage of the federal poverty limit rather than AMI levels, staff has calculated that the income limit for Elderly Waiver holders satisfies the 50% AMI income threshold, thereby requiring that at least 10% of residents’ incomes qualify for the program. The applicant will accept a much higher level than 10% elderly waivers, meaning they are serving a higher percentage of low-income seniors than is required by the ordinance. The Planning Commission voted 9 to 0 to recommend approval of the project at its May 22, 2023 meeting. For the Council’s reference, the rendering below depicts the building architecture and materials presented to the Planning Commission. There is a residential neighborhood south of the property. The residential area is screened from the proposed project by steep topography and existing vegetation. Of the 400-foot long property line, there is an approximately 100 foot long section west of the retaining wall where the topography flattens and has more gaps in the vegetation. This, along with less vegetation, opens up the view of the subject property. At the request of staff, the applicant has added plantings along this area to expand the screening. Attachments Resolution for Guide Plan Change Resolution for PUD Concept Review Ordinance for Zone Change and PUD District with Waivers Planning Commission Staff Report Unapproved Minutes from May 22, 2023 Planning Commission CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2023-____ A RESOLUTION AMENDING THE COMPREHENSIVE MUNICIPAL PLAN WHEREAS, the City of Eden Prairie has prepared and adopted the Comprehensive Municipal Plan (“Plan”); and WHEREAS, the Plan has been approved by the Metropolitan Council and was placed into effect on October 1, 2019; and WHEREAS, the proposal of Baker Road Assisted Living, by Michael Knisely is for a Comprehensive Guide Plan Change from Office to Medium High Density Residential on 3.79 acres, as legally described on Exhibit A. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eden Prairie, Minnesota, hereby adopts the amendment of the Plan based on plans stamped dated May 31, 2023 and the staff report dated May 22, 2023 and subject to Metropolitan Council approval. ADOPTED by the City Council of the City of Eden Prairie this 13th day of June, 2023. _______________________________ Ronald A. Case, Mayor ATTEST: ___________________________ Nicole Tingley, City Clerk EXHIBIT A COMPREHENSIVE PLAN AMENDMENT Legal Description: Lot 1, Block 1, Impact Marketing Addition, Hennepin County, Minnesota CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2023-___ A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF BAKER ROAD ASSISTED LIVING FOR MICHAEL KNISELY WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) Concept of certain areas located within the City; and WHEREAS, the Planning Commission did conduct a public hearing on May 22, 2023, on Baker Road Assisted Living by Michael Knisely and considered the request for approval of the PUD Concept Plan and recommended approval of the request to the City Council; and WHEREAS, the City Council did consider the request on June 13, 2023. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Baker Road Assisted Living, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof (“Property”). 2. That the City Council does grant PUD Concept approval as outlined in the plans stamp dated May 31, 2023. 3. That the PUD Concept meets the recommendations of the Planning Commission dated May 22, 2023. ADOPTED by the City Council of the City of Eden Prairie this 13th day of June, 2023. _______________________ Ronald A. Case, Mayor ATTEST: ______________________________ Nicole Tingley, City Clerk EXHIBIT A PUD Concept Legal Description: Lot 1, Block 1, Impact Marketing Addition, Hennepin County, Minnesota. BAKER ROAD ASSISTED LIVING CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2023-PUD-_-2023 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AMENDING THE DESIGNATION OF CERTAIN LAND WITHIN A ZONING DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the “land”) is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Office Zoning District and be placed in the RM-2.5 Zoning District. Section 3. That action was duly initiated proposing that the designation of the land be amended within the RM-2.5 as -2023-PUD-_-2023 (hereinafter "PUD-_-2023”). Section 4. The City Council hereby makes the following findings: A. PUD-_-2023 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-_-2023 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-_-2023 are justified by the design of the development described therein. D. PUD-_-2023 is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Office Zoning District and placed in the RM-2.5 Zoning District respectively as noted in Exhibit A and shall be included hereafter in the Planned Unit Development PUD-_- 2023 and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of entered into between Midwest Residential, Inc., and the City of Eden Prairie, (hereinafter “Development Agreement”). The Development Agreement contains the terms and conditions of PUD-_-2023, and are hereby made a part hereof. Section 7. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Section 11.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 8. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the June 13, 2023, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the ____ day of ________, 2023. ATTEST: __________________________________ ___________________________________ Nicole Tingley, City Clerk Ronald A. Case, Mayor PUBLISHED in the Sun Current on__________________, 2023. EXHIBIT A Rezone from Office to RM-2.5 Legal Description: Lot 1, Block, 1, Impact Marketing Addition, Hennepin County, Eden Prairie, Minnesota Project Site TO: Planning Commission FROM: Beth Novak-Krebs DATE: May 22, 2023 SUBJECT: Baker Road Assisted Living LOCATION: 6216 Baker Road REQUEST: • Guide Plan Change from Office to Medium High Density Residential on 3.79 acres • PUD Concept Plan Review on 3.79 acres • PUD District Review with waivers on 3.79 acre • Zoning Change from Office to RM-2.5 on 3.79 acres • Site Plan Review on 3.79 acres BACKGROUND The applicant is requesting approval to construct an assisted living facility at 6216 Baker Road. The 3.79-acre property is located south of Highway 62 and west of Baker Road. There are industrial uses to the west, residential uses to the south, an office building to the east and Highway 62 to the north. There is a 16,309 square foot 2-story office building on the site. The project improvements are proposed in two phases. The first phase of the project includes a renovation of the existing office building into 24 assisted living units with a total of 31 beds. The majority of the improvements in this phase will be interior to the building, though there are minor exterior improvements. The second phase of the project is proposed to include a 52,938 square foot 4-story addition to the building, which would add 81 units with a total of 81 beds. At full build out, the facility will have a total of 105 units and 112 beds. Phase II would include significant site work. COMPREHENSIVE PLAN AMENDMENT The property is currently guided Office in Aspire 2040. The proposal requires an amendment of the Comprehensive Plan. The applicant is requesting to reguide the property to Medium High Density Residential, which allows a density of 14 to 40 units per acre. When both phases are completed, the density would be 27.7 units per acre. Staff Report – Baker Road Assisted Living Page 2 2 Phase II Site Plan The property is currently zoned Office. The applicant is requesting a rezone to RM-2.5. Provided the reguiding is approved by the Metropolitan Council, the zoning will be consistent with the Medium High Density Residential guiding of the property. The assisted living facility is permitted in the RM-2.5 zoning district. SITE PLAN Phase I of the proposed project utilizes the existing building, which is located on the easterly ½ of the site. Access to the site and the existing parking lot which is south of the building will remain the same. The applicant is proposing to modify the main entrance into the building by repaving the sidewalk and adding a canopy over the sidewalk. A new patio will be located behind the building, a new monument sign will be located near the drive lane onto the property and the existing parking lot will be repaved and restriped. Phase I is expected to begin in quarter 3 of 2023. Phase II of the project involves the construction of a 52,938 square foot addition to the west side of the existing building. The parking would be reconfigured with a circular drive and parking near the main entrance to the Phase I building with additional parking on the west side of the new addition. The improvements will also include a second patio in the back of the building with a sidewalk system around the south, west, and north sides of the building, a new drop off area, reconfiguring the entire parking area, and adding retaining walls. Ultimately, the project will provide assisted living and treatment for patients suffering from dementia. The construction schedule of Phase II has not yet been determined. ACCESS Access to the site comes from Baker Road and Phase I Site Plan Staff Report – Baker Road Assisted Living Page 3 3 across the office property to the east. The two office buildings were planned together in 1996 with shared access drive from Baker Road. The office building on the east side will remain. Anyone driving to the assisted living facility will enter from Baker Road, cross the office property on the east and enter the subject property. There is a shared access agreement in place. Since the owner of this property and the property to the east also share sanitary sewer and water lines, staff recommends that both owners enter into a cross access easement, utility and maintenance agreement. This agreement can then cover both access and utilities and replace the current access only easement. PLANNED UNIT DEVELOPMENT WAIVERS The purpose of a Planned Unit Development (PUD) as stated in the City Code is to provide for a more creative and efficient approach to the use of land within the City; to allow variety in the types of environment available to people and distribution of overall density of population and intensity of land use where desirable and feasible; and provide for greater creativity and flexibility in environmental design. The applicant is requesting the following waivers: • Maximum Gross Density- City Code allows a maximum density of 17.4 units per acre in the RM-2.5 zoning district. The applicant is requesting a waiver to allow a density of 27.7 units per acre. At the completion of Phase II, there will be a total of 105 units on the property. The proposed density is consistent with the Medium High Density Residential guiding. • Covered Parking – City Code requires 1 parking stall for every 4 beds plus 1 stall for each employee on the largest work shift with ½ of the required parking stalls to be enclosed. Phase I of the project requires 13 parking stalls. Phase I will utilize the existing parking lot with 81 stalls. Phase I and II together requires 38 parking stalls. The Plan includes 38 parking stalls. The Phase I and II plans comply with the parking requirements except for the enclosed parking. The proposed project does not include any enclosed parking for Phase I or II. The applicant is requesting a waiver from this standard. In these types of facilities, the residents don’t drive a car. The operator of the facility provides on-call mobility services for transportation. The parking for staff, visitors, vendors, and personnel is short term and there is no need for covered parking. • Building Height – City Code allows a maximum building height in the RM-2.5 zoning district of 45 feet. The proposed 4-story addition is 47’- 4 ¼”. The applicant is proposing bump out features on the addition that have a curved parapet to mimic the barrel roofs on the existing building. This feature increases the proposed building height by that 2’- 4 ¼”. The waiver would allow the taller parapet. • Parking Lot Island Size – City Code requires parking lot islands to be a minimum of 160 square feet. The landscaped portion of the island at the south end of the first parking row on the west side of the addition is only 53 square feet. The waiver allows the sidewalk and pedestrian ramp to serve those who park in the parking lot on the west side of the building. Staff Report – Baker Road Assisted Living Page 4 4 BUILDING ARCITECTURE AND MATERIALS The applicant is utilizing the existing building for Phase I. The building material is brick and glass with a minimal amount of metal. The building complies with the building material requirements. The Phase II building addition blends with the existing building. The architectural plans incorporate similar building material as the existing building, façade articulation to visually reduce the perceived height of the addition, similar window repetition as the existing building, a curved form at the top of the bump outs to mimic the barrel roof form and incorporate similar site features around the entire site to create a unified project. The Phase II building addition complies with City Code. The building materials include brick, glass and fiber cement panels and each façade complies with the building material requirements. The fiber cement panels are allowed as a Class I material in the RM-2.5 zoning district, but it should not be the primary building material. Brick and glass are the primary building materials on the building addition. Staff Report – Baker Road Assisted Living Page 5 5 City Code requires buildings that are 4 stories or taller to be designed so that the first two floors are visually distinct from the upper floors. The color change and the use of a soldier course of brick sets the first two stories apart from the rest of the building. The dark red brick at the bottom and the darker cornice along the top of the addition helps create a strong visual bottom, middle, and top to the building. The cornice color is very similar in tone with the upper brick and fiber cement. Staff recommends using a darker tone or a different color for the cornice accent. The south façade closest to the residential uses to the south includes a variety of building materials and color changes, façade articulation and windows. This provides visual variety and lowers the perceived height of the building. TREE REPLACEMENT AND LANDSCAPING The Phase I improvements will require the loss of one canopy tree near the main entrance to the building. The applicant is proposing to replace the canopy tree with 3 Black Hills Spruce trees on the east side of the new sidewalk to the main entrance to the building. These 3 trees must be added during Phase I. The Phase II building addition requires 165 caliper inches of landscaping. The plan includes 165 caliper inches of landscaping. In addition to trees, the landscaping includes many shrubs, ornamentals grasses and flowering perennials to create a complete landscape treatment. The Phase II improvements will require the loss of more trees than Phase I because the area to the west of the existing building is heavily wooded. Phase II requires 48 caliper inches of tree replacement. The plan includes 73 caliper inches of tree replacement and complies with the requirements. Given the grade changes between the industrial property to the west and the subject property and the wooded nature of the slopes, the industrial uses are not likely to see much of the proposed development. Although there is existing vegetation between the residential uses to the south and the subject property, the project will be visible because the building addition comes much closer to the south property line than the existing building and it is 4 stories tall. The applicant is proposing additional landscape screening along the south property line where there are gaps in the existing vegetation. The plan includes a mix of evergreen trees, deciduous trees and shrubs. Most of the existing vegetation along the south and west property lines will be retained. TRAFFIC The applicant provided the City with a traffic memorandum. The consultant’s review of trip generation numbers indicates that the Phase I assisted living facility and Phase I and II build-out with assisted living and dementia care will generate fewer peak hour vehicle trips than the existing office use. Upon the completion of Phase I and II build out, the use (assisted living and memory care) will generate 56 more daily trips than the office use. Staff Report – Baker Road Assisted Living Page 6 6 Trip Generation Information Use AM Peak Hour PM Peak hour Daily Trips Existing Office Use 27 26 194 Phase I (Assisted Living Facility) 6 8 83 Phase I and II Build Out (Congregate Care Facility) 9 20 250 Based on the trip generation information and their analysis, the consultant concluded that the traffic generated by the proposed use will not adversely impact the operation of the site access or the roadway network serving the proposed development. USABLE OPEN SPACE City Code requires 150 square feet of usable open space per unit. The plan as proposed exceeds the requirement for Phase I and for the ultimate build out of Phase I and II. For Phase I, the plan requires 3,600 and provides 5,850 square feet of usable open space or 244 square feet per unit. The usable open spaces are programmed consistent with the intended users of the space. This includes the entry plaza, the deck, a new patio and sidewalk plus indoor gathering spaces such as activity areas, the dining room, and lobby area. Phase I and II requires 15,750 square feet of usable open space. The plan provides 20,011 square feet of usable open space or 190 square feet per unit. This includes the outdoor spaces provided in Phase I plus a second patio, a rooftop deck, and a sidewalk around the south and west sides of the building. The indoor gathering spaces include additional activity areas and lobby area. STORMWATER MANAGEMENT Stormwater is managed through an underground infiltration BMP. The BMP, which consists of underground chambers that will retain stormwater runoff for treatment, will be installed with Phase II of construction. The stormwater management system will be privately maintained. The City’s NPDES Phase II stormwater permit requires a legal mechanism between the City and the owners of structural stormwater best management practices (BMPs) that are not owned or operated by the City. The legal agreement must allow the City to inspect, maintain and assess costs for any maintenance (as necessary) if the BMPs are not functioning properly. Because this development proposes BMPs that will not be owned or operated by the City, the City requires that an “Inspection and Maintenance Agreement for Private Stormwater Facilities” be executed as part of the development agreement. This agreement includes the required provisions of the stormwater permit, identifies any privately owned and operated BMPs and areas requiring street sweeping, as well as provide inspection and maintenance checklists for private stormwater BMPs. AFFORDABILITY The applicant will provide more than 15% of the affordable dwelling units in Phase I and II to households at Staff Report – Baker Road Assisted Living Page 7 7 or below 60% AMI. Staff has had preliminary discussions with developer about its high rate of clients using the Elderly Waiver and about counting the acceptance of Elderly Waivers toward the city's Inclusionary Housing Ordinance. The ordinance requires, as one developer option, having at least 10% of units affordable to households earning 50% or less of the Area Median Income. As the elderly waiver program uses a percent of poverty income threshold rather than an AMI, staff will work with developer to ensure that the poverty threshold is lower than 50% of AMI. Staff will also work with developer to ensure that an appropriate rent level is set, most likely 60% of AMI, to suit the tenant contributions which include both rent and certain services. These will be established in more detail in the development agreement. LIGHTING Phase I of the project will utilize the existing parking lot lighting. The existing lighting complies with the lighting requirements. Phase II includes new parking lot lighting and wall packs on the buildings. The Phase II lighting plan complies with City Code. NATURAL FEATURES There is a wetland on the far east edge of the property. The wetland has been delineated and the applicant is providing the wetland buffer as required by the Watershed District. STEEP SLOPES The property has rolling terrain with significant grade changes on the west ½ of the site. The slopes meet the definition of steep slopes in City Code. The Phase II development will impact some of these steep slope areas. Development in these areas requires a permit from the City Council. Approval of the project by the City Council will constitute approval of a Steep Slope Permit. PARKING LOT ISLAND REQUIREMENTS Phase I of the project will utilize the existing parking lot. The parking lot is compliant with respect to the percentage of the parking lot in islands, but it does not comply with the number of parking lot islands required. City Code requires 1 parking lot island every 20 parking stalls. For Phase I, this would result in the addition of 2 parking lot islands. Since the parking lot will be removed when Phase II is started, installing the islands now is not practical. Instead, staff recommends the City collect and hold a security for the installation of the islands should Phase II not happen. This will be addressed in the Development Agreement. SIGNS The applicant is proposing an on-premise monument sign near the entrance to the parking lot along the shared drive on the project site. The sign conforms to City Code, but the sign does need approval of a separate permit. There is an existing monument sign at the shared entrance to both properties from Baker Road. The sign includes tenant names for both 6200 and 6216 Baker Road. The applicant is proposing to update the sign with the name of the assisted living facility. This sign may not be expanded in size with that information included. Staff Report – Baker Road Assisted Living Page 8 8 UTILITIES There are private sanitary sewer and water lines that extend into the site from Baker Road and serve the existing office building. Phase I will utilize the existing services. The Phase II improvements will include a relocation of these private lines to accommodate the underground stormwater management chambers and serve the Phase I building and the new addition. SUSTAINABILITY The applicant is proposing a number of sustainable features as listed below: Phase I Adaptive reuse of an office building structure Specify energy efficient WaterSense fixtures Specify low VOC paints, adhesives, sealants, and flooring Phase II Utilize Xcel Energy’s Design Assistance Program to identify energy and cost savings strategies Include electric vehicle charging for two vehicles (5%) with infrastructure provided for an additional 11 vehicles (30%) Specify energy efficient WaterSense fixtures Specify low VOC paints, adhesives, sealants, and flooring NEIGHBORHOOD MEETING The applicant held a neighborhood meeting on Wednesday, April 26, 2023 from 7:00 pm to 9:00 pm at the existing office building. The meeting was attended by the development team including the Midwest Residential applicant and their operations director, building owner, principal architect, project management architect. Site plans were displayed for both Phase I and Phase II developments, along with building elevations and exterior renderings. Two neighbors from the townhome properties to the south attended the open house, including a representative of the homeowner’s association and a longtime resident who has recently reti red from healthcare services. Discussion items included the expected resident-to-staff ratio, operations in transitioning from the Owner’s current residential-based care model to a centralized community model, expected amount of site activity once the development is stabilized, and aspects of the site in general regarding lot coverage and wildlife known to roam the site. STAFF RECOMMENDATION Recommend approval of the following requests: • Guide Plan Change from Office to Medium High Density Residential on 3.79 acres • PUD Concept Plan Review on 3.79 acres • PUD District Review with waivers on 3.79 acres Staff Report – Baker Road Assisted Living Page 9 9 • Zoning Change from Office to RM-2.5 on 3.79 acres • Site Plan Review on 3.79 acres This is based on plans submitted on April 28, 2023, staff report dated May 22, 2023 and the following conditions: 1. Prior to the 1st reading before the City Council, the applicant shall: A. Revise the Overall Tree Schedule to include the ornamental trees. Somehow the ornamental trees are missing from the schedule. B. It appears that the Dakota Pinnacle Birch are counted as having a caliper inch size of 2.5, yet the Overall Tree Schedule lists it as 1.75 caliper inches. If it is counted as a canopy tree, the minimum size must be 2.5 caliper inches in the table. Please revise the Overall Tree Schedule accordingly. C. Revise the Landscape Plan to show the wetland buffer. D. The Phase I improvements include adding a new generator and an enclosure. The Removal Plan should be revised to show the generator and enclosure and its removal. E. For Phase I, verify proper separations between potential occupancies at open stairway. F. Revise the details for the trash and generator enclosure for Phase II to include a roof. G. Revise the plans to include a darker color for the cornice and accent. 2. Prior to land alteration permit issuance, the applicant shall: A. Include connection of existing roof drainage to underground system. B. Submit detailed storm water runoff, wetland, utility, street and erosion control plans for review and approval by the City Engineer. C. Submit a landscaping letter of credit or escrow surety equivalent to 150% of the cost of the landscaping. D. Obtain and provide documentation of Watershed District approval. E. Notify the City and Watershed District 48 hours in advance of grading. F. Install erosion control at the grading limits of the property for review and approval by the City. G. Submit a land alteration bond, letter of credit, or escrow surety equivalent to 125% of the cost of the land alteration. H. Submit a wetland protection bond, letter of credit, or escrow surety equivalent to 150% of the wetland plan requirements included in the Development Agreement. 3. Prior to building permit issuance for the property, the applicant shall: A. Provide a conservation easement over the wetland and wetland buffer prior to issuance of the building permit for Phase I. B. Submit a Wetland Buffer Strip Evaluation Report (City Code Section 11.51, Subd. 6C) prior to the issuance of a building permit for Phase I. C. Pay the appropriate cash park fees. Cash park fees shall be paid for 24 units prior to the issuance of the building permit for Phase I. The applicant shall pay cash park fees for 81 Staff Report – Baker Road Assisted Living Page 10 10 units prior to the issuance of a building permit for Phase II. The developer will get credit for the cash park fees paid in 1996. D. Provide recorded copies of any Home Owner Association documents or private covenants and agreements to the City following recording of the final plat. E. Submit a Cross Access, Utility and Maintenance Agreement for review and approval by the City Engineer. Once the agreement is filed with the County, provide a copy to the City. 5. The following waivers have been granted through the PUD District Review for the project as indicated in the plans stamp dated April 28, 2023. A. Maximum Gross Density- City Code allows a maximum density of 17.4 units per acre in the RM-2.5 zoning district. The applicant is requesting a waiver to allow a density of 27.7 units per acre. At the completion of Phase II, there will be a total of 105 units on the property. The proposed density is consistent with the Medium High Density Residential guiding. B. Covered Parking – City Code requires 1 parking stall for every 4 beds plus 1 stall for each employee on the largest work shift with ½ of the required parking stalls to be enclosed. Phase I of the project will include 25 parking stalls on the site but cannot accommodate covered parking on the site. Phase I and II together requires 38 parking stalls. The plan complies with the parking requirements except for the enclosed parking. The proposed project does not include any enclosed parking for Phase I or II. The applicant is requesting a waiver from this standard. In these types of facilities, the residents don’t drive a car. The operator of the facility provides on-call mobility services for transportation. The parking for staff, visitors, vendors, and personnel is short term and there is no need for covered parking. C. Building Height – City Code allows a maximum building height in the RM-2.5 zoning district of 45 feet. The proposed 4-story addition is 47’- 4 ¼”. The applicant is proposing bump out features on the addition that have a curved parapet to mimic the barrel roofs on the existing building. This feature increases the building height by 2’- 4 ¼”. The waiver would allow a taller parapet. D. Parking Lot Island Size – City Code requires parking lot islands to be a minimum of 160 square feet. The landscaped portion of the island at the south end of the first parking row on the west side of the addition is only 53 square feet. The waiver allows the sidewalk and pedestrian ramp to serve those who park in the parking lot on the west side of the building. UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, MAY 22, 2023 7:00 PM—CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Frank Sherwood, Andrew Pieper, Ed Farr, Carole Mette, Robert Taylor, Dan Grote, Charles Weber; Phou Sivilay CITY STAFF: Jeremy Barnhart, City Planner; Rod Rue, City Engineer; Matt Bourne, Parks & Natural Resources Manager; Kristin Harley, Recording Secretary I. CALL THE MEETING TO ORDER Chair Pieper called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE – ROLL CALL All commission members were present. III. APPROVAL OF AGENDA MOTION: Taylor moved, seconded by Kirk to approve the agenda as amended to consider Item VB first, then Item VA and Item VC. MOTION CARRIED 9-0. IV. MINUTES MOTION: Grote moved, seconded by Weber to approve the minutes of May 8, 2022. MOTION CARRIED 9-0. V. PUBLIC HEARINGS A. BAKER ROAD ASSISTED LIVING (2023-02) Request for: • Guide Plan Change from Office to Medium High Density Residential on 3.79 acres • PUD Concept Plan Review on 3.79 acres • PUD District Review with waivers on 3.79 acres • Zoning Change from Office to RM-2.5 on 3.79 acres • Site Plan Review on 3.79 acres PLANNING COMMISSION MINUTES May 22, 2023 Page 2 Eric Reinerson, Principal at SRA, displayed a PowerPoint and detailed the application. This was a unique reuse of the southwest quadrant of Highway 62 and Baker Road, with industrial uses to the west, Lifetime Fitness to the east, and a townhouse association to the south. This 1990s building had been built as an office, and was underutilized. The site had great potential so the parcel would be repositioned as an assisted living facility. It was wooded and well screened from the highway. There was a wetland on the east boundary and all setbacks were met. A low-lying area to the northwest and the hills to the west and south contributed to the natural, wooded atmosphere. Phase One would be the renovation and remodeling of the existing structure for 31 assisted living residents. A commercial kitchen, dining and group activity spaces, leisure activity spaces, and occupancy rooms would be added. In the future the owner would wish to expand this building. Reinerson displayed the addition with extended west and south of the existing building. It would contribute an additional 81 units along with the requisite parking. Reinerson displayed the elevations and materials, which were similar to the original materials of the current building. He explained the grading and drainage improvements as well as the access changes. The landscape plan met all tree replacement requirements. Where the perimeter hills dipped allowed for a pleasant view but the development would be scantly visible to neighbors, as well as a low-noise, low-traffic development. Farr asked if the shared access could handle increased traffic during holidays, and suggested a parking agreement with the 6200 building to accommodate this. Reinerson agreed to suggest this to the property owner. Farr asked if the receiving dock was for maintenance purposes and Reinerson replied it was for kitchen deliveries, whereas residents would be brought to the main entrance. Mette asked if the residents would share bathrooms. Reinerson replied they did, but did not have to go through a public corridor to access it. The residents would all have private suites with a shared bathroom. Barnhart presented the staff report. Four waivers were being requested among the five actions. Waiver from the covered parking requirement was supported for this development, since residents don’t drive and most traffic would come from relatives and visitors. The barrel roof was added at staff’s suggestion to mimic the original design, requiring the height waiver, and the parking island at the southwest corner of the building would be partly paved to accommodate a sidewalk and ADA ramp. The project met the landscaping requirements with tree replacement as part of Phase Two. Most of the vegetation along the south side would be kept to provide screening. A neighborhood meeting held in March and other outreach yielded no comments. Staff recommended approval. Mette asked what zoning allowed such density, and Barnhart replied there were none; TOD and Mixed Use allowed for higher density, with 17.04 being the highest. Mette replied she was surprised there was not a higher maximum density PLANNING COMMISSION MINUTES May 22, 2023 Page 3 requirement for a multifamily zoning district. She asked for and received confirmation the development entitlement extended into perpetuity. Barnhart explained any rules changes could trigger a PUD amendment. Mette asked if a previous similar developments required covered parking. Barnhart replied he did not believe there had been a formal waiver for covered parking but the plan was approved without covered parking. Mette noted there were different levels of assisted living, and asked if memory care would depart from other requirements of other kinds of assisted living. Barnhart replied the City was drafting requirements for the different levels of assistance (independent living, assisted living, memory care, et cetera). Kirk stated these three categories were familiar to him, and in other developments these could be mixed, complicating the requirements. He stated he supported the waivers. Mette replied this dedicated property was easier to address, but other developments could have different care levels that changed over time. Mette asked what the “elderly waiver” affordability category was. Barnhart replied it related to how this project was funded, how the tenant accessed the property, the tenant’s incomes, and what proportion of their rent was aided by the services they received. He offered to provide additional information to the City Council upon its review of this project. Farr asked if the landscaping required the removal of significant or heritage trees. Bourne replied perhaps one heritage tree would be removed in Phase One, and the replacement requirement was being met for Phase Two (36 trees, nonheritage). Farr asked for and received clarification the size of the tree was determined at the time of the approval of the application. Farr asked why screening was required between residential districts. Barnhart replied it was due to the density of the neighboring developments to the south. Farr asked if the moving van would block the circular fire lane. Barnhart replied this concern had not been raised during project review. The existing parking lot would be retained during Phase One and changed in Phase Two. He offered to alert the Fire Chief. Farr stated the two-story addition was disproportionate with the existing four-story building. Also, the materials did not match since the addition had a cornice but the original building did not. He suggested an addition more in keeping with the original design. MOTION: Grote moved, seconded by Taylor to close the public hearing. Motion carried 9-0. Mette stated the architecture was her main concern, but was not able to get specific as to why this was not what she expected. She supported the waivers. Kirk stated his support for the project. He added he was surprised Eden Prairie has a lot of assisted living but there was high demand. This was a good location, yet the architecture was a difficult question, as Farr and Mette had stated. In PLANNING COMMISSION MINUTES May 22, 2023 Page 4 general the rules produced good results and he proposed going ahead with this development despite its incongruities. Grote stated the residents would be looking out at a wonderful view, which overruled the concerns about the exterior architecture. Farr agreed, and stated he trusted staff to work with the applicant on a development that had so many good points in addition to the building design. MOTION: Kirk moved, seconded by Sherwood to recommend approval of the Guide Plan Change from Office to Medium High Density Residential on 3.79 acres; a PUD Concept Plan Review on 3.79 acres; a PUD District Review with waivers on 3.79 acres; a Zoning Change from Office to RM-2.5 on 3.79 acres; and a Site Plan Review on 3.79 acres, as represented in the staff report dated May 22, 2023 and the plans stamp dated April 28, 2023. Motion carried 9-0. B. BUSH LAKE PET HOSPITAL (2023-04) Request for: • Zoning Change from Office (OFC) to neighborhood Commercial (N- COM) on 1.19 acres • PUD Concept Review on 1.19 acres • PUD Review with waivers on 1.19 acres • Site Plan Review on 1.19 acres Michael Kohne of Highland Ventures, LTD, detailed the application. The proposed development was a 5,074 square foot, single-story building, which would divide 3,958 square feet for the hospital and 1,015 square feet for other commercial space. This was a vet relocation from Bloomington. There would be no overnight boarding of pets with the exception of surgical patients. The zoning was currently office, and the proposed change was to PUD guided commercial. The site had an unusual lot shape bounded by Hennepin Town Road and Highway 169 which resulted in design challenges that required waivers. The landscape material, water and sewer met requirements. There were a number of sustainable elements, including one conduit with a pole wire for EV charging in the parking lot. The anticipated start date was July 1, 2023 with a projected completion date of January 1, 2024. There was no shoreline and the site did not abut any water, so the flood plain Ordinance did not apply. Kohne displayed a PowerPoint and detailed the stormwater management plan with the stormwater retention system beneath the parking lot. PLANNING COMMISSION MINUTES May 22, 2023 Page 5 Dr. Douglas Gates of Bush Lake gave a brief history and overview of the pet hospital. Kohne displayed some renderings showing the elevation and materials. Residents attending the neighborhood meeting had concerns about traffic but were in general supportive of the project. Sivilay asked for and received confirmation there was space between this site with its fence and the access to the Kinderbury Hill PUD development. There would be some vegetative screening with trees. Mette noted the retail parking was 5 spaces per 1,000 and asked if the remaining vacant space would be sufficient for the neighboring tenant. She asked what kind of tenant the applicant was considering. Kohne did not have a specific answer but stated the intent was to avoid filling the retail space with a high-traffic tenant (a coffee shop, et cetera), but perhaps with light retail use. Mette suggested the main landscaping island in front of hospital entrance have plantings that would survive dogs’ uses of that area. Kohne replied the rear left corner had a 10- by 15-foot fenced in area for animals to use the restroom while on leash. Farr suggested the EV ready accommodation have panel boards and transformers of sufficient size that could handle the additional load. He also suggested the trash enclosure be rotated 90 degrees so that the gate would open to the right (south) and keep the doors out of public sight. He noted an opportunity for signage on the site alongside the northbound Highway 169 frontage road and stated the tenant might request that, so the parapet should be kept at a consistent height to facilitate this and screen the mechanical units. Taylor stated he had met with staff at the neighboring daycare center who were concerned about sharing the parking lot. Kohne replied there was the intention to include speed bumps but this plan was not that granular. Barnhart presented the staff report. The site was currently vacant and the applicant was seeking four actions: a zoning change from Office to Neighborhood Commercial; a PUD Concept Review; a PUD Development District Review with waivers; and a Site Plan Review. The zoning change to Neighborhood Commercial required a waiver due to the existing lot size and depth, and this change was the best fit for the neighborhood and was supported by staff. Nothing about the lot was changing. The setback and materials requirement were met and exceeded in this application. The access was through a shared parking easement and staff thought this connection was effective in reducing trips on Hennepin Town Road. Four parking spaces would be provided for the neighboring childcare service providing the connection. Staff recommended approval. Mette asked if the connection had previously gone through the PUD process and wondered why it was not going through this process now. Barnhart stated this site PLANNING COMMISSION MINUTES May 22, 2023 Page 6 had intended to be an office, but since it had never gone through the PUD process to be rezoned as office, it was not required for this application. Alicia Reeves, resident at 9673 Belmont Lane, stated she was speaking on behalf of a group that fully supported the hospital development but was concerned about the traffic on Hennepin Town Road. She requested the speed limit be reduced from 45 miles per hour on the approach to the site and 40 miles per hour around the corner along it. She also wished to hear the details about the connection with the childcare center, and suggested speed bumps and “child at play” signs. Jerry Maher, resident at 9778 Belmont Lane, stated at the exit on Belmont Lane the next car in sight would be 112 feet to the north (three seconds at 45 miles an hour), placing the onus upon the driver leaving Belmont Lane to change lanes or stop in time due to oncoming traffic. That was the reason for the request to lower the speed limit; however, increasing the sightline from Belmont Lane to Linden by cutting foliage would restore the street to how it looked 20 years ago at the formation of the association which owned the land on the west side of Belmont Lane. This was a protected wetland, so there were limitations on what could be cut. Concerned neighbors were meeting with the Traffic Engineer to brainstorm ideas. If the sightline could not be increased, the speed limit needed to be reduced and/or flashing signs need to be installed. MOTION: Weber moved, seconded by Taylor to close the public hearing. Motion carried 9-0. Kirk noted this was a difficult property for any design and found the plan to be a good use of it. Traffic movement inside and outside of the property were the main issues. Rue stated there were a few roads in Eden Prairie that were being reviewed for speed limits, and Hennepin Town Road was one of them. A traffic study would be required to reduce the speed limit. Enforcement was always an issue, and expansion of the sightlines was a viable option. Kirk noted there were already meetings with the Traffic Engineer on this issue. Mette agreed this was an important issue and wished the City Council to hear these concerns. Overall she found this site appropriate for the zoning change to Neighborhood Commercial and found the internal connection a good solution. Farr also expressed support for the development and hoped the issue of traffic on Hennepin Town Road would be resolved in a broader discussion. He stated he could make a motion that included the condition of rotating the trash enclosure 90 degrees and raise the parapet wall on the east elevation to accommodate signage. Barnhart replied the section of the building over 20 feet tall would be considered a second floor, which would require the applicant to come back and process a waiver at that time. Mette stated she would not support a future possible waiver that was part of a motion. She found that overly restrictive. Rather, the property PLANNING COMMISSION MINUTES May 22, 2023 Page 7 owner could consult with the trash provider to provide a flexible solution. Farr offered to make recommendations instead. Kirk concurred. MOTION: Farr moved, seconded by Kirk to recommend approval for a Zoning Change from Office (OFC) to neighborhood Commercial (N-COM) on 1.19 acres; a PUD Concept Review on 1.19 acres; a PUD Review with waivers on 1.19 acres; and a Site Plan Review on 1.19 acres as represented in the staff report dated May 22, 2023 and based on plans stamp dated May 20, 2023 with the further recommendation for staff to study the orientation of the trash enclosure and the height of the east building wall in relation to the highway. Motion carried 9-0. C. KIWATCHI (2022-11) Request for: • Zoning Change from Rural to R1-9.5 on 2.11 acres • Preliminary Plan of four lots and three outlots on 2.11 acres Craig Schmidt, resident of Eden Prairie, introduced Todd McLouth, project engineer. Schmidt displayed a PowerPoint and detailed the application. The site would be converted to four lots, one retained by Schmidt for his family. He displayed arial photographs and explained the site plan. Neighbors to the north would be sold 10-foot outlots and Outlot A would be deeded to the City, since it bordered a wetland. The current house would be demolished and replaced, and three lots would be sold. The proposal was consistent with the neighborhood. The project would be completed by 2024. Sivilay asked if Schmidt had estimates for remediation of the contamination noted in the environmental study. Schmidt replied he had not, but would receiving bidding estimates once ready. Taylor remarked this project would be an upgrade to the community. Farr also commended the project, and received clarification the northern neighbors had always expressed interest in acquiring more land, which Schmidt had given them as a neighborly gesture. Pieper asked for and received clarification this was for additions. Mette noted to the east there was another property almost as large, and asked if there was consideration of continuation with this neighboring lot. Schmidt replied that land was deeded to the City of Eden Prairie as wetland. Barnhart presented the staff report. All of the lots met minimum size and depth requirements. The lot deeded to the City would have stormwater management. Staff had received no comments from the public on this proposal. Payment would cover the deficit of trees added to the development (92 instead of 109 trees). Staff recommended approval. PLANNING COMMISSION MINUTES May 22, 2023 Page 8 Farr asked for and received clarification the sidewalk was on the east side of the development (Duck Lake Road). Mette asked if a new homeowner wishing to building a home would not need to go through the Planning Commission again, and Barnhart replied that was true. She asked how the City determined who installed the trees. Barnhart replied that would either be completed before construction, or it would be written into the development agreement. MOTION: Grote moved, seconded by Taylor to close the public hearing. Motion carried 9-0. Kirk commended the addition as a good use of the land. Weber agreed this would be a marked improvement. MOTION: Kirk moved, seconded by Grote to recommend approval of the Zoning Change from Rural to R1-9.5 on 2.1 acres; and a Preliminary Plan of four lots and three outlots on 2.11 acres as represented in the staff report May 22, 2023 and on the plans stamp dated May 5, 2023. Motion carried 9-0. PLANNERS’ REPORT MEMBERS’ REPORTS Pieper announced this was Rod Rue’s last meeting prior to retirement, and congratulated him for 43 years of service at Eden Prairie. VI. ADJOURNMENT MOTION: Sherwood moved, seconded by Grote to adjourn. Motion carried 9- 0. The meeting was adjourned at 8:33 p.m. Baker Road Assisted Living 6216 Baker Road, Eden Prairie,Minnesota 6216 Baker Road, Eden Prairie,Minnesota REQUEST: •Guide plan change from Office to Medium High Density Residential on3.79 acres •PUD Concept Plan Review on 3.79 acres •PUD District Review with waivers on 3.79 acres •Zoning Change from Office to RM-2.5 on 3.79 acres •Site Plan Review on 3.79 acres The property is currently guided Office in Aspire 2040. The proposal requires an amendment of the Comprehensive Plan. We are requesting to re-guide the property to Medium High Density Residential, which allows a density of l4 to 40 units per acre. When both phases are completed, the density would be 27.7 units per acre. The property is currently zoned Office. We are requesting a rezone to RM-2.5. Provided the re-guiding is approved by the Metropolitan Council, the zoning will be consistent with the Medium High Density Residential guiding of the property. Assisted Living facilities are permitted in the RM-2.5 zoning district 6216 Baker Road, Eden Prairie,Minnesota There is a 16,309 square foot 2-story office building on the site.The project imporivments are proposed in two phases.The first phase of the project includes a renovation of the eixisting office building into 24 assisted living units with a total of 31 beds. 6216 Baker Road, Eden Prairie,Minnesota The second phase of the project is proposed to include a 52,938 square foot 4-story addition to the building,which would add 81 units with a total of 81 beds.At full build out,the facility will have a total of 105 units and 112 beds. Phase II would include significant site work. 6216 Baker Road, Eden Prairie,Minnesota East Building Elevation -Phase II 6216 Baker Road, Eden Prairie,Minnesota The existing building material is brick and glass with a minimal amount of metal. The buildingcomplies with the building material requirements. The Phase II building addition blends with the existing building.The architectural plans incorporate similar building material as the existing building,and façade articulation is utilized to visually reduce the perceived height of the addition. Similar window repetition as the existing building,a curved form at the top of the building bays that mimic the existing building barrel roof form are incorporated as well as similar site features around the entire site to create a unified project. South Building Elevation -Phase II 6216 Baker Road, Eden Prairie,Minnesota West Building Elevation -Phase II 6216 Baker Road, Eden Prairie,Minnesota North Building Elevation -Phase II 6216 Baker Road, Eden Prairie,Minnesota The Phase I improvements will require the loss of one canopy tree near the main entrance to the building.The canopy tree will be replaced with 3 Black Hills Spruce trees on the east side of the new sidewalk to the main entrance to the building.These 3 trees will be added during Phase I. The Phase II building addition requires 165 caliper inches of landscaping.The plan includes 165 caliper inches of landscaping.In addition to trees,the landscaping includes many shrubs, ornamentals grasses and flowering perennials to create a complete landscape treatment. The Phase II removes more trees than Phase I because the area to the west of the existing building is heavily wooded. Phase II requires 48 caliper inches of tree replacement.The plan includes 73 caliper inches of tree replacement and complies with the requirements. Grade changes between the industrial property to the west and this parcel, together with the wooded nature of the slopes,the industrial uses are not likely to see much of the proposed development. However,we are proposing additional landscape screening along the south property line where there are gaps in the existing vegetation and grading.The plan includes a mix of evergreen trees, deciduous trees and shrubs.Most of the existing vegetation along the south and west property lines will be retained. 6216 Baker Road, Eden Prairie,Minnesota Baker Road Assisted Living 6216 Baker Road, Eden Prairie,Minnesota Requested Action Move to: • Close the Public Hearing, and • Approve the Resolution amending the Comprehensive Plan Synopsis The Metropolitan Council updated its 2040 Transportation Policy Plan and its 2040 Regional Parks Policy Plan. Because Eden Prairie’s Comprehensive Plan is in part based on these documents, minor adjustments to two maps and portion of text in Aspire Eden Prairie 2040 are necessary. These changes align the City’s Comprehensive Plan with the regional policy with regard to roads and trails. The changes recommended include: 1. As illustrated in Figure 2 in Chapter 6, reclassify portions of 4 roads as summarized below: Current Proposed Street Segment Classification Bryant Lake Road All Planned Minor Collector Planned Major Collector Washington Avenue S. S. of Golden Triangle Dr. A-Minor Reliever Major Collector Eden Prairie Road S. of Prospect Rd Planned Minor Collector Minor Collector Scenic Heights Road All Major Collector Minor Collector CITY COUNCIL AGENDA SECTION: Public Hearing DATE June 13, 2023 DEPARTMENT / DIVISION Community Development/Planning Jeremy Barnhart/ Julie Klima ITEM DESCRIPTION Comprehensive Plan Amendment – Transportation and Trails (2023-01CA) by City of Eden Prairie, resolution for text and map amendments to the Comprehensive Plan. ITEM NO. IX.D. 2. Replace references to MnPass with EZ Pass in Chapter 6. 3. As illustrated in Figure 12, Chapter 6, reclassify the trail along Pioneer Trail and along a portion of Baker Road as Tier 2 routes. This classification upgrades funding priorities from outside sources as these trails contribute to the larger regional network. 4. Add text to describe changes to the trail classification, in Chapter 6. Public Comment Information on the draft changes were distributed to the cities of Bloomington, Chanhassen, Edina, and Minnetonka, and Three Rivers Park District. No comments for or against the proposal have been received. Three Rivers Park District did suggest some language change, incorporated into the final draft. Planning Commission Review and Recommendation The Planning Commission reviewed the proposed changes at its meeting on May 8, 2023. The Commission voted 8-0 to approve the changes as drafted. Attachments 1. Resolution Amending the Comprehensive Municipal Plan 2. Planning Commission Staff Report and Attachments 3. Planning Commission Approved Minutes CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2023-____ A RESOLUTION AMENDING THE COMPREHENSIVE MUNICIPAL PLAN WHEREAS, the City of Eden Prairie has prepared and adopted the Comprehensive Municipal Plan (“Plan”); and WHEREAS, the Plan has been approved by the Metropolitan Council and was placed into effect on October 1, 2019; and WHEREAS, the Metropolitan Council revised and updated the 2040 Transportation Policy Plan and the 2040 Regional Parks Policy Plan; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eden Prairie, Minnesota, hereby adopts the amendment of the Plan as illustrated in Exhibits A-C attached and subject to Metropolitan Council approval. ADOPTED by the City Council of the City of Eden Prairie this 13th day of June, 2023. ___________________________ Ronald A. Case, Mayor ATTEST: ___________________________ Nicole Tingley, City Clerk EXHIBIT A EXHIBIT B EXHIBIT C Revised text Replace all references to MnPass with EZPass in Chapter 6 Replace 2nd paragraph on page 137 as follows: In addition to the three Tier 1 alignments in Eden Prairie, there are two Tier 2 alignments present in Eden Prairie. In the northwest corner of Eden Prairie on 192nd Avenue/TH 101 is a Tier 2 alignment extending north south from Twilight Trail to Townline Road. Currently, this alignment has a shared use trail on the west side of 192nd Avenue in Chanhassen. Additional Tier 2 alignments include a trail along Pioneer trail, connecting trail systems in Bloomington and Carver County, and the Minnesota River Bluffs LRT Regional Trail . Also, a trail along Baker Road north of Valley View Road, connection to trail systems in Minnetonka. STAFF REPORT TO: Planning Commission FROM: Jeremy Barnhart, City Planner DATE: May 8, 2023 SUBJECT: Comprehensive Plan Amendment – Transportation and Trails (2023- 01CA) The Minnesota Legislature establishes Transportation, Regional Parks, and Water Resources as regional systems and requires the Metropolitan Council to establish plans for these systems, through the development of Policy Plans. These policies are used to develop the Comprehensive Plans. Periodically, the Metropolitan Council updates these plans, which in turn require amendments to local comprehensive plans, including the Eden Prairie Comprehensive Plan, Aspire2040. In 2022, the Metropolitan Council updated their 2040 Transportation Policy Plan and the 2040 Regional Parks Policy Plan, which affected some map and text changes in Chapter 6, Transportation chapter of the Comprehensive Plan. In addition to these map and text changes, staff proposes a minor text change to reflect the name change of the express toll lanes. The changes proposed are: I. Update Chapter 6, Figure 2 by reclassifying portions of Bryant Lake Road, Washington Avenue South, and Eden Prairie Road as illustrated below. Classification Current Proposed Bryant Lake Road All Planned Minor Collector Planned Major Collector Washington Avenue S. S. of Golden Triangle Dr. A-Minor Reliever Major Collector Eden Prairie Road S. of Prospect Rd Planned Minor Collector Minor Collector Scenic Heights Road All Major Collector Minor Collector II. Chapter 6, pages 120 and 121, replace all references to MnPass with EZ pass, to reflect the renaming of that program. A typical example follows: “…This project will construct a MnPASS E-ZPass express lane on I-494 from France Avenue to TH 77 in the eastbound direction and a MnPASS E-ZPass express lane from TH 77 to I-35W in the westbound direction. MnPASS E-ZPass lanes are dedicated to vehicles containing two or more people, including Staff Report – Comprehensive Plan Amendment – Transportation and Trails (2023-01CA) May 8, 2023 Page 2 2 infants, at no cost during peak travel times. The lanes are also open to single motorists with a MnPASS E-ZPass, who are required to pay a fee. During non-peak travel times, an overhead MnPASS E-ZPass sign will display that the lane is open to all motorists, at no charge. The proposed project is envisioned to not only improve the capacity of the interstate but dramatically improve the reliability of the average rush hour trip. The project will reduce travel delay by almost 2,900 hours per day, eliminate slightly less than $2.0 million in crash costs annually, and drastically increase reliability of trips on the corridor…” III. Chapter 6, Figure 12 on page 133 by classifying the trail along Pioneer Trail and the trail along Baker Road north of Valley View Road as Tier 2 routes. Currently, these trails are merely paved trails. The classification of these trails upgrades their funding opportunities as part of a larger regional network. IV. Add text to the second paragraph of Chapter 6, page 137 as underlined: Existing text: In addition to the three Tier 1 alignments in Eden Prairie, one Tier 2 alignment is present in Eden Prairie. The Tier 2 alignment is in the northwest corner of Eden Prairie on 192nd Avenue/TH 101. The Tier 2 alignment extends north south from Twilight Trail to Townline Road. Currently, this alignment has a shared use trail on the west side of 192nd Avenue in Chanhassen. Replace with: In addition to the three Tier 1 alignments in Eden Prairie, there are two Tier 2 alignments present in Eden Prairie. In the northwest corner of Eden Prairie on 192nd Avenue/TH 101 is a Tier 2 alignment extending north south from Twilight Trail to Townline Road. Currently, this alignment has a shared use trail on the west side of 192nd Avenue in Chanhassen. Additional Tier 2 alignments include a trail along Pioneer trail, connecting trail systems in Bloomington and Carver County, and the Minnesota River Bluffs LRT Regional Trail. Also, a trail along Baker Road north of Valley View Road, connection to trail systems in Minnetonka and Three Rivers Park District’s planned Bryant Lake Regional Trail. Staff Report – Comprehensive Plan Amendment – Transportation and Trails (2023-01CA) May 8, 2023 Page 3 3 STAFF RECOMMENDATION Staff recommends approval of the changes are proposed. Attachments: Figure 2 Roadway Classifications with callouts Figure 12 Bike and Pedestrian Facilities with callouts V A L L E Y VIEW RD DELL RDDUCK LAKE RDDELLRD D U C K LAK E T R L MITCHELL RDEDENPRAIRIERDBRAXTONDRRIVERVIEW RD TECHNO L O G Y DR FRANLO RDGOLDENTRI A N GLEDRW 192ND AVESHADYOAKRDM OUNTCURVERDBEACHRD IN D IAN RD VAL L E Y VIE W R DC O U N T Y ROAD 62 EDENPRAIRIERDPIONEERTRLBAKER RDSP R INGRDPIONEER TRL W 62ND ST W 78TH ST PIONEE R TR LFLYING CLOUD DRF L Y I N G C L O UD DR 62 101 5 494 212 169 212 212 169 Chapter 6: Transportation & Accessibility Figure 2 Aspire Eden Prairie 2040 109 Mile0 0.25 0.5 1 ^N Principal Arterial A-Minor Expander A-Minor Reliever Major Collector Minor Collector Major Collector Minor Collector Local Roads Other Arterial Existing Classifications Planned Classifications Roadway Classifications Eden PrairieRoad now aMinor Collector Scenic HeightsRoad now aMinor Collector WashingtonAve now aMajor Collector Bryant LakeRoad now aMajor Collector V A L L E Y VIEW RD DELL RDDUCK LAKE RDDELLRD D U C K LAKE T R L MITCHELL RDEDENPRAIRIERDBRAXTONDRRIVERVIEW RD TECHNO L O G Y DR FRANLO RDGOLDENTRI A NGLEDRW 192ND AVESHADYOAKRDM OUNTCURVERDBEACHRD IN D IAN RD VAL L E Y VI E W R DC O U N T Y ROAD 62 EDENPRAIRIERDPIONEERTRLBAKER RDSP R INGRDPIONEER TRL W 62ND S T W 78TH ST PIONE E R TR LFLYING CLOUD DRF L Y I N G C L O U D DR 62 101 5 494 212 169 212 169 Chapter 6: Transportation & Accessibility Aspire Eden Prairie 2040 133 Bike & Pedestrian FacilitiesFigure 12 Proposed On-Street Bike Boulevard Proposed Trail Proposed Sidewalk Upgrade Existing Pedestrian Facility Proposed On-Street Bike Lane Proposed Bike &Pedestrian Facilities Regional Bike TrailNetwork - Tier 2 Paved Trail Sidewalk Softsurace Trail Existing Bike &Pedestrian Facilities Regional Bike TrailNetwork - Tier 1 RBTN Corridor - Tier 2 RBTN Corridor - Tier 1 Eden Prairie Center Golden Triangle Area Major Centers Area Activity Nodes &Employment Clusters ^N Mile0 0.25 0.5 1 Pioneer Trailis now Tier 2 Baker Roadis now Tier 2 APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, MAY 8, 2023 7:00 PM—CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Frank Sherwood, Andrew Pieper, Ed Farr, Carole Mette, Robert Taylor, Dan Grote, Charles Weber; Phou Sivilay CITY STAFF: Jeremy Barnhart, City Planner; Carter Schulze, Assistant City Engineer; Matt Bourne, Parks & Natural Resources Manager; Kristin Harley, Recording Secretary I. CALL THE MEETING TO ORDER Chair Pieper called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE – ROLL CALL Absent was commission member Taylor. III. APPROVAL OF AGENDA MOTION: Grote moved, seconded by Kirk to approve the agenda. MOTION CARRIED 8-0. IV. MINUTES MOTION: Farr moved, seconded by Weber to approve the minutes of March 13, 2022. MOTION CARRIED 8-0. V. PUBLIC HEARINGS A. COMPREHENSIVE PLAN AMENDMENT – TRANSPORTATION AND TRAILS (2023-01CA) Request for: • Approval of an amendment to Chapter 6 (Transportation and Accessibility) of the Eden Prairie Comprehensive Plan, ASPIRE 2040. These changes relate to reclassification of certain trails and roadways required by the Metropolitan Council, in addition to other housekeeping changes. PLANNING COMMISSION MINUTES May 8, 2023 Page 2 Barnhart displayed a PowerPoint and stated this was an amendment to the Comprehensive Plan. The Met Council established policies for regional transportation systems, parks, and water resources. It recently updated its Transportation Plan and Parks policy plans, and updated the roadway classification map. The reclassifications were as follows: Bryant Lake Road changed from a Planned Minor Collector to a Planned Major Collector. Washington Avenue South changed from a Minor Reliever to a Major Collector. Eden Prairie Road changed from Planned Minor Collector to a Minor Collector. Scenic Heights Road changed from a Major Collector to a Minor Collector. Staff had identified roads in the regional network that needed to be updated on the maps. There were no projects on these roads currently underway or planned in the near future. Regarding the Bike and Pedestrian Trail network there were two segments which changed: the trail along Pioneer Trail was now classified as a Tier Two regional trail. The trail along Baker Road north of Valley View Road was now classified as a Tier Two trail. Both classifications related to funding priorities due to their regional importance. Barnhart explained these changes could result in additional funding opportunities. Housekeeping changes included changing the name of the MnPass Program to its current name, E-ZPass. There were no policy changes. MOTION: Grote moved, seconded by Sivilay to close the public hearing. Motion carried 8-0. Farr asked if some of these road designations impacted right-of way or setbacks to right-of-way. Barnhart the changes would not affect setbacks, which were driven by the zoning district, but there could be additional right of way which would be indirectly affected. Grote asked if improvements would be needed in response to these changes. Schulze stated there would not be any improvements required at this time, but Bryant Lake Road could require them in the future. Mette asked for a clarification of the difference between major and minor connectors. Schulze replied a major connector referred to connection to a larger area with different signal systems, density, volume of traffic and speeds. Minor connectors involved lower speeds. Both areas were similar. Mette also asked since there were trails on both sides of Pioneer Trail, were both sides affected, and Schulze replied only one side would be designated. MOTION: Grote moved, seconded by Farr to approve the amendment to Chapter 6 (Transportation and Accessibility) of the Eden Prairie Comprehensive Plan, PLANNING COMMISSION MINUTES May 8, 2023 Page 3 ASPIRE 2040 involving changes related to reclassification of certain trails and roadways required by the Metropolitan Council, in addition to other housekeeping changes. Motion carried 8-0. PLANNERS’ REPORT MEMBERS’ REPORTS Barnhart stated there would be three separate public hearings at the next Planning Commission meeting. VI. ADJOURNMENT MOTION: Kirk moved, seconded by Weber to adjourn. Motion carried 8-0. The meeting was adjourned at 7:11 p.m. Comprehensive Plan Amendment Transportation and Trails City Council June 13, 2023 Background •Metropolitan Council establishes policy for the regional systems, including Transportation, Parks, and Water resources •Updates to the Transportation and Parks policy plans require an update to the Eden Prairie Comprehensive Plan Transportation •Washington Ave. S changed from A-Minor Reliever to Major Collector •Eden Prairie Road changed from Planned Minor Collector to Minor Collector •Scenic Heights Road changed from Major Collector to Minor Collector •Bryant Lake Road changed from Minor Collector to Major Collector Trails •Trail along Pioneer Trail classified as a Tier 2 Trail •Trail along Baker Road north of Valley View classified as a Tier 2 Trail •Changes to the text to reflect these map changes •Both classifications relate to funding priorities due to their regional importance. Housekeeping •The MnPass program was renamed E-Zpass, so the text reflects that change on pages 120-121: Questions? Revisions Functional Classifications CITY COUNCIL AGENDA SECTION: Payment of Claims DATE: June 13, 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 300192 - 300886 Wire Transfers 1033475 - 1033671 Wire Transfers 9543 - 9605 Purchasing Card 9582 City of Eden Prairie Council Check Summary 6/13/2023 Division Amount Division Amount 100 City Manager 41,507 304 Senior Board 73 101 Legislative 18,637 308 E-911 684 102 Legal Counsel 29,455 309 DWI Forfeiture 3,136 110 City Clerk 719 312 Recycle Rebate 3,018 111 Customer Service 4,748 315 Economic Development 29,228 112 Human Resources 60 502 Park Development 51,605 113 Communications 18,969 509 CIP Fund 78,752 114 Benefits & Training 9,905 512 CIP Trails 2,380 130 Assessing 2,558 513 CIP Pavement Management 11,898 131 Finance 25,887 522 Improvement Projects 2006 205 132 Housing and Community Services 991 526 Transportation Fund 72,000 133 Planning 840 528 Shady Oak Rd-CR 61 North 660 136 Public Safety Communications 28,104 539 2020 Improvement Projects 49 137 Economic Development 5,518 804 100 Year History 1,302 138 Community Development Admin.698 Total Capital Projects Fund 254,987 151 Park Maintenance 65,728 153 Organized Athletics 581 601 Prairie Village Liquor 183,350 154 Community Center 27,970 602 Den Road Liquor 351,679 155 Beaches 16 603 Prairie View Liquor 199,289 156 Youth Programs 27,753 605 Den Road Building 1,911 157 Special Events 1,014 701 Water Enterprise Fund 439,755 158 Senior Center 6,876 702 Wastewater Enterprise Fund 422,636 159 Recreation Administration 1,367 703 Stormwater Enterprise Fund 192,264 160 Therapeutic Recreation 295 Total Enterprise Fund 1,790,884 162 Arts 14,050 163 Outdoor Center 3,305 802 494 Commuter Services 59,454 164 Park Rental Facilities 126 806 SAC Agency Fund 2,485 168 Arts Center 3,008 807 Benefits Fund 1,198,428 180 Police Sworn 47,977 809 Investment Fund 6,685 184 Fire 68,210 810 Workers Comp Insurance 400,230 186 Inspections 1,016 811 Property Insurance 322,494 200 Engineering 16,912 812 Fleet Internal Service 294,001 201 Street Maintenance 88,782 813 IT Internal Service 522,750 202 Street Lighting 79,251 814 Facilities Capital ISF 34,987 Total General Fund 642,832 815 Facilites Operating ISF 66,400 816 Facilites City Center ISF 61,838 301 CDBG 17,541 817 Facilites Comm. Center ISF 135,278 303 Cemetary Operation 5,406 818 Dental Insurance 18,544 321 Opioid Settlement 452 Total Internal Svc/Agency Funds 3,123,575 Total Special Revenue Fund 23,399 Report Total 5,835,676 City of Eden Prairie Council Check Register by GL 6/13/2023 Check #Amount Supplier / Explanation Account Description Business Unit Comments 300521 400,230 LEAGUE MN CITIES INS TRUST WC Workers Comp Insurance Workers Comp Insurance Workers Comp Premiums 300377 371,569 METROPOLITAN COUNCIL MCES User Fee Wasterwater Collection Wastewater Svc Fee June 2023 300674 312,878 LEAGUE MN CITIES INS TRUST WC Insurance Property Insurance Property/Casualty Coverage Premiums 9585 297,410 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR Ending 05.19.23 9546 292,832 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR Ending 05.05.23 9583 212,112 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 05.05.23 9544 211,688 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 04.21.23 300562 201,365 TYLER TECHNOLOGIES INC Software Maintenance IT Operating New World Software Maint. 2023 1033616 170,901 SHI CORP Software Maintenance Recreation Admin Windows License 2023-2024 300380 126,146 MINGER CONSTRUCTION INC Improvement Contracts Stormwater Capital Priority Ponds Dredging Project 9549 117,029 MINNESOTA DEPT OF REVENUE Sales Tax Various Funds April 2023 Sales Tax 1033572 114,443 XCEL ENERGY Electric Various Funds Multi Premise Electric 9582 91,530 USB-PURCHASING CARD Various Various Funds 1033553 91,280 BOYER TRUCKS Autos Fleet - Public Works 1033671 77,527 XCEL ENERGY Electric Various Funds 300417 72,000 BW BOWLING PROPERTIES LP Right of Way & Easement General LRT 300227 63,379 GUARDIAN FLEET SAFETY LLC Autos Fleet Operating 300414 49,444 BLUFFS AT NINE MILE CREEK, THE Refunds Water Enterprise Fund 300665 45,734 HYDROCORP Improvement Contracts Water Capital 1033646 45,061 ADVANCED ENGINEERING & ENVIRONMENTAL SE Process Control Services Wastewater Lift Station 1033561 42,449 LOGIS LOGIS IT Operating 300394 40,000 RAM GENERAL CONTRACTING Other Contracted Services Park Acquisition & Development 9548 33,869 EMPOWER Deferred Compensation Health and Benefits 300193 33,423 AUDIO LOGIC SYSTEMS Building Repair & Maint.Capital Maint. & Reinvestment 9587 33,283 EMPOWER Deferred Compensation Health and Benefits 300195 30,000 BERGANKDV LTD Audit & Financial Various Funds 1033604 29,741 GREGERSON ROSOW JOHNSON & NILAN LTD Legal Legal Criminal Prosecution 1033599 26,229 DIVERSE BUILDING MAINTENANCE Janitor Service Various Funds 1033499 24,094 DIVERSE BUILDING MAINTENANCE Janitor Service Various Funds 300243 23,972 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 300679 23,677 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 300442 22,872 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store 9586 21,430 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 300458 21,198 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 300883 21,182 VALLEY RICH CO INC Equipment Repair & Maint Water Distribution 9547 20,469 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 300698 19,419 QUETICA LLC Other Contracted Services Facilities Capital 1033655 19,286 HANSEN THORP PELLINEN OLSON Other Contracted Services Capital Maint. & Reinvestment 300449 19,052 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 300792 18,985 ABM ONSITE SERVICES-MIDWEST Janitor Service City Hall (City Cost) 300354 18,983 COMPASS MINERALS AMERICA, INC Salt Snow & Ice Control 300272 18,933 WASHINGTON COUNTY Equipment Repair & Maint Public Safety Communications 9571 18,698 WEX HSA - Employee Health and Benefits 1033565 18,005 PEARSON BROTHERS INC Sweeping Stormwater Non-Capital 300844 16,903 MARTIN MARIETTA MATERIALS Waste Blacktop/Concrete Water Distribution 1033603 16,452 GRANICUS INC Software Maintenance IT Operating 300507 16,342 GRI EDEN PRAIRIE, LLC Building Rental Prairie Village Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 300533 16,187 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 300678 15,967 MACQUEEN EQUIPMENT INC Protective Clothing Fire 300750 15,899 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store 9602 15,714 WEX HSA - Employee Health and Benefits 300483 15,502 BOLTON & MENK INC Design & Engineering Water Capital 300757 15,345 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 300803 15,200 CASTREJON INCORPORATED Other Contracted Services IT Capital 300592 15,103 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 300238 15,100 KILLMER ELECTRIC CO INC Other Contracted Services Capital Maint. & Reinvestment 300586 14,443 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store 300515 14,031 HULS BROS TRUCKING INC Lime Residual Removal Water Treatment 1033597 14,013 CENTERPOINT ENERGY Gas Various Funds 1033605 13,920 HAWKINS INC Treatment Chemicals Water Treatment 300505 13,835 GRAYMONT Treatment Chemicals Water Treatment 1033617 13,818 SRF CONSULTING GROUP INC Design & Engineering Stormwater Capital 9581 13,773 I-494 CORRIDOR COMMISSION Wages and Benefits 494 Corridor Commission 300252 13,440 NOW MICRO INC Computers IT Operating 300657 13,436 GRAYMONT Treatment Chemicals Water Treatment 9543 13,021 I-494 CORRIDOR COMMISSION Wages and Benefits 494 Corridor Commission 1033512 12,790 WALL TRENDS INC Contract Svcs - General Bldg Various Funds 300304 12,751 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 300811 12,610 CORE & MAIN Repair & Maint. Supplies Water Distribution 300541 12,381 SEECLICKFIX INC Software Maintenance IT Operating 9580 12,218 U.S. BANK - I-494 PURCH. CARD Marketing 494 Corridor Commission 300464 12,216 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store 300532 12,215 PRAIRIE RESTORATIONS INC Other Contracted Services Stormwater Non-Capital 300469 12,156 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 300421 11,785 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 300473 11,575 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 1033532 11,519 BRAUN INTERTEC CORPORATION Testing CIP Pavement Management 300693 11,500 PHOTOSHELTER INC Software Maintenance IT Operating 300708 11,327 SOUTHWEST SUBURBAN CABLE COMMISSION Dues & Subscriptions City Council 300299 11,139 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store 300767 10,457 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 300416 10,320 MINNESOTA LIFE INSURANCE COMPANY Life Insurance EE/ER Health and Benefits 300719 10,243 VALLEY RICH CO INC Equipment Repair & Maint Water Distribution 300396 10,000 RG TITLE LLC Accounts Receivable TIF-Eden Shores Senior Housing 300658 10,000 GREAT NORTH TITLE LLC Accounts Receivable TIF-Eden Shores Senior Housing 300797 9,750 APPLIED CONCEPTS, INC.Capital Under $25,000 Police Sworn 300443 9,686 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 300199 9,683 CENTER FOR ENERGY AND ENVIRONMENT Rebates Sustainable Eden Prairie 300812 9,643 COUNTY MATERIALS CORPORATION Repair & Maint. Supplies Stormwater Collection 300598 9,606 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 300752 9,491 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store 300820 9,326 FIRE SAFETY USA INC Operating Supplies Fleet Operating 1033622 9,305 XCEL ENERGY Electric Various Funds 300776 9,148 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store 300358 9,060 EARL F ANDERSEN INC Signs Traffic Signs 300312 9,027 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 300235 9,000 IRON MALTESE ATHLETICS Health & Fitness Fire 300721 8,983 VERIZON WIRELESS Cell Pager/Plans IT Operating Check #Amount Supplier / Explanation Account Description Business Unit Comments 300433 8,933 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 1033549 8,892 ASPEN EQUIPMENT CO.Equipment Repair & Maint Fleet Operating 1033649 8,601 BIFFS INC Other Contracted Services Park Maintenance 300347 8,585 BADGER METER Telephone Water Metering 300426 8,581 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 300552 8,408 TRAFFIC CONTROL CORPORATION Equipment Repair & Maint Traffic Signals 300338 8,335 SPORTS LIGHTING AUTHORITY Other Contracted Services Capital Maint. & Reinvestment 300612 8,263 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 1033662 8,238 SHI CORP Software Maintenance IT Operating 300209 8,236 CORE & MAIN Repair & Maint. Supplies Water Distribution 300574 8,078 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 300645 7,816 DG MINNESOTA CS 2021 LLC Electric Facilities Operating ISF 300588 7,674 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store 300667 7,482 ISG Other Contracted Services Capital Maint. & Reinvestment 300444 7,461 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store 300273 7,327 WAYNES HOME SERVICES Window Washing Various Funds 1033558 7,315 HORIZON COMMERCIAL POOL SUPPLY Supplies - Pool Pool Maintenance 300782 7,265 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 300393 7,213 PRECISION UTILITIES Equipment Repair & Maint Water Distribution 1033645 7,121 YOUNGSTEDTS COLLISION CENTER Equipment Repair & Maint Fleet Operating 300788 7,002 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 300547 6,965 SSI KEF SLB LLC Electric City Center - CAM 300605 6,892 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store 9596 6,710 HEALTHPARTNERS Dental Insurance Dental Insurance 300364 6,646 GRAYMONT Treatment Chemicals Water Treatment 300224 6,644 GRAYMONT Treatment Chemicals Water Treatment 1033548 6,566 YOUNGSTEDTS COLLISION CENTER Equipment Repair & Maint Fleet Operating 300822 6,546 GRAYMONT Treatment Chemicals Water Treatment 300733 6,536 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 300261 6,500 RIGHTLINE DESIGN LLC Other Contracted Services Communications 300701 6,500 RIGHTLINE DESIGN LLC Other Contracted Services Communications 300860 6,434 PRECISION UTILITIES Equipment Repair & Maint Water Distribution 300375 6,379 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 1033497 6,332 CENTERPOINT ENERGY Gas Various Funds 1033613 6,327 PRAIRIE ELECTRIC COMPANY Building Repair & Maint.City Center - CAM 1033567 6,311 PRAIRIE ELECTRIC COMPANY Other Contracted Services Facilities Capital 300300 6,273 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 1033570 6,240 TWIN CITY HARDWARE Other Contracted Services Facilities Capital 300659 6,198 HAMMER COMMUNITY SOLAR LLC Electric Facilities Operating ISF 300695 6,075 PRECISION UTILITIES Equipment Repair & Maint Water Distribution 300285 6,072 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 300334 5,857 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 300677 5,817 LUBE-TECH ESI Lubricants & Additives Fleet Operating 300478 5,746 ALADTEC INC Software/Hardware Maint.IT Operating 300479 5,737 AMERICAN WATER WORKS ASSOCIATION Dues & Subscriptions Utility Operations - General 300262 5,664 SIGN SOLUTIONS USA Signs Traffic Signs 300248 5,636 MINNESOTA DEPARTMENT OF EMPLOYMENT Unemployment Compensation Organizational Services 300727 5,576 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 300751 5,572 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 300535 5,450 PRECISION LANDSCAPE & TREE Other Contracted Services Tree Removal 300455 5,428 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 300861 5,393 PROP Other Contracted Services CDBG - Public Service 300559 5,242 WM CORPORATE SERVICES INC Waste Disposal Maintenance Facility 300694 5,232 POSTMASTER Postage Communications 1033598 5,222 DAKOTA SUPPLY GROUP INC Repair & Maint. Supplies Water Distribution 300841 5,219 LEAGUE MN CITIES INS TRUST Insurance Property Insurance 300648 5,200 DURKEE, DAVID Other Contracted Services Theatre Initiative 300366 5,174 HERO HOME SERVICES LLC Accounts Receivable TIF-Eden Shores Senior Housing 300327 5,174 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 1033648 5,169 BEACON ATHLETICS Operating Supplies Miller Park 300544 5,034 SOBANIA COMMUNITY SOLAR Electric Facilities Operating ISF 300530 5,028 PFM ASSET MANAGEMENT LLC Interest Investment Fund 300826 5,000 HENNEPIN COUNTY Other Contracted Services Economic Development 300839 5,000 LANO EQUIPMENT INC Capital Under $25,000 Street Maintenance 300514 4,978 HINTERLAND CSG LLC Electric Facilities Operating ISF 300740 4,893 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 300407 4,890 TOTAL MECHANICAL SERVICES Contract Svcs - HVAC City Center - CAM 300884 4,880 VAN PAPER COMPANY Cleaning Supplies General Community Center 300546 4,857 SSI KEF SLB LLC Electric Water Treatment 300568 4,776 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 300494 4,769 CROSS NURSERIES Landscape Materials/Supp Tree Replacement Fund 300269 4,750 TECH SALES CO Equipment Repair & Maint Water Supply (Wells) 300882 4,693 VALLEY PLUMBING HEATING AND AIR Other Contracted Services Rehab 300397 4,680 SCHICHTEL'S NURSERY INC Landscape Materials/Supp Tree Replacement Fund 300309 4,676 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 300198 4,600 CASTRO CLEANING LLC Janitor Service Utility Operations - General 300804 4,600 CASTRO CLEANING LLC Janitor Service Utility Operations - General 300596 4,576 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 300843 4,568 MACQUEEN EQUIPMENT INC Equipment Repair & Maint Fire 300824 4,556 GYM WORKS Equipment Repair & Maint Fitness Center 300415 4,523 MADISON NATIONAL LIFE INSURANCE CO INC Disability Ins Employers Health and Benefits 300518 4,452 JOHNSON CONTROLS Contract Svcs - Ice Rink Ice Arena Maintenance 1033507 4,443 SENIOR COMMUNITY SERVICES Other Contracted Services CDBG - Public Service 300868 4,361 SHEPHERD TECHNICAL SERVICES LLC Equipment Repair & Maint Water Treatment 300764 4,351 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 300881 4,350 TYLER TECHNOLOGIES INC Other Contracted Services Public Safety Communications 300729 4,330 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 300519 4,320 LAW ENFORCEMENT LABOR SERVICES INC.Union Dues Withheld Health and Benefits 300879 4,265 TOTAL MECHANICAL SERVICES Building Repair & Maint.Utility Operations - General 300293 4,232 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 300249 4,209 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Street Lighting 300504 4,200 GRACE CHURCH Developer Fees General Fund 300671 4,196 KRAEMER NORTH AMERICA LLC Outside Water Sales Water Enterprise Fund 300528 4,153 MUSIC TOGETHER IN THE VALLEY LLC Instructor Service Preschool Events 300607 4,150 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store 9556 4,141 HEALTHPARTNERS Dental Insurance Dental Insurance 300511 4,104 HEALTHPARTNERS Wages and Benefits 494 Corridor Commission 300465 4,086 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 300409 4,054 VERIZON WIRELESS Cell/Pager Plans Various Funds 300748 4,053 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 9601 4,033 HEALTHPARTNERS Dental Insurance Dental Insurance 300681 4,025 METRO BLOOMS Other Contracted Services Sustainable Eden Prairie Check #Amount Supplier / Explanation Account Description Business Unit Comments 300615 3,976 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 1033563 3,971 METRO SALES INCORPORATED*Equipment Rentals IT Operating 1033496 3,969 YOUNGSTEDTS COLLISION CENTER Equipment Parts Fleet Operating 300539 3,840 SAMBATEK INC Design & Engineering Wastewater Capital 300660 3,840 HEALTH STRATEGIES Health & Fitness Fire 300865 3,811 REVOLUTIONARY SPORTS, LLC Instructor Service Preschool Events 300245 3,800 MESSERLI & KRAMER Messerli & Kramer 494 Corridor Commission 300846 3,800 MESSERLI & KRAMER Messerli & Kramer 494 Corridor Commission 300230 3,789 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police Sworn 300549 3,771 STANTEC CONSULTING SERVICES INC OCS - Studies Stormwater Non-Capital 300330 3,740 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 300728 3,702 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 9570 3,660 HEALTHPARTNERS Dental Insurance Dental Insurance 300578 3,593 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 300640 3,574 CORE & MAIN Repair & Maint. Supplies Water Distribution 1033621 3,550 WM MUELLER AND SONS INC Repair & Maint. Supplies Street Maintenance 300258 3,545 PRO TREE OUTDOOR SERVICES Other Contracted Services Tree Removal 1033609 3,479 METROPOLITAN MECHANICAL CONTRACTORS Contract Svcs - HVAC Pool Maintenance 300373 3,470 LAKETOWN BUILDERS WAC - Water Water Capital 300616 3,403 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 9575 3,396 WEX FSA - Medical Health and Benefits 1033485 3,364 BRAUN INTERTEC CORPORATION Other Contracted Services Capital Maint. & Reinvestment 1033639 3,330 LAKELAND ENGINEERING EQUIP CO Repair & Maint. Supplies Flying Cloud Fields 1033650 3,316 BOYER TRUCKS Equipment Parts Fleet Operating 300369 3,290 INNOVATIVE GRAPHICS Clothing & Uniforms Playgrounds 300349 3,243 BOLTON & MENK INC Design & Engineering Capital Maint. & Reinvestment 300840 3,213 LEAGUE MN CITIES INS TRUST Insurance Property Insurance 1033601 3,212 GENUINE PARTS COMPANY Repair & Maint. Supplies Fleet Operating 300723 3,211 XIGENT SOLUTIONS LLC Hardware - R&M IT Operating 300345 3,191 ASPEN MILLS Clothing & Uniforms Fire 300669 3,182 JOHN HENRY FOSTER MINNESOTA INC Maintenance Contracts Fire Station #4 300466 3,178 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store 300219 3,150 EQUIPMENT COATING INC Equipment Repair & Maint Fleet Operating 300778 3,119 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store 300794 3,115 ADESA MPLS Miscellaneous DWI Forfeiture 1033600 3,108 ESS BROTHERS & SONS INC Repair & Maint. Supplies Wasterwater Collection 300516 3,105 INNOVATIVE GRAPHICS Clothing & Uniforms Teen Programs 300368 3,094 IMPACT PROVEN SOLUTIONS Other Contracted Services Various Funds 300595 3,032 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store 1033557 3,017 GRAYBAR Repair & Maint. Supplies Facilities Capital 300686 3,005 NATIVE RESOURCE PRESERVATION Other Contracted Services Stormwater Non-Capital 300260 3,003 REVOLUTIONARY SPORTS, LLC Instructor Service Preschool Events 300321 3,002 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store 300857 3,000 PITNEY BOWES BANK INC RESERVE ACCOUNT Postage Customer Service 1033665 3,000 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Supply (Wells) 1033658 2,988 METRO SALES INCORPORATED*Equipment Rentals IT Operating 300619 2,937 SAFETY FIRST PLAYGROUND MAINTENANCE Landscape Materials/Supp Homeward Hills Park 300791 2,937 SAFETY FIRST PLAYGROUND MAINTENANCE Landscape Materials/Supp Park Maintenance 300240 2,935 LEGACY GYMNASTICS Instructor Service Lesson Skills Development 9562 2,932 WEX FSA - Medical Health and Benefits 300675 2,926 LEGACY GYMNASTICS Instructor Service Lesson Skills Development Check #Amount Supplier / Explanation Account Description Business Unit Comments 300813 2,880 DAKOTA WOOD - GRINDING INC Other Contracted Services Yard Waste Site 300423 2,863 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 300487 2,820 CERTIFIED APPLIANCE RECYCLING Waste Disposal Recycle Rebate 300885 2,800 WILSONS NURSERY INC Other Contracted Services Stormwater Capital 1033667 2,790 TWIN CITY HARDWARE Contract Svcs - General Bldg General Community Center 300663 2,750 HENNEPIN COUNTY MEDICAL CENTER Training Fire 300680 2,708 MARTIN MARIETTA MATERIALS Waste Blacktop/Concrete Street Maintenance 300471 2,691 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 300492 2,691 CORE & MAIN Repair & Maint. Supplies Water Distribution 300319 2,685 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store 300271 2,658 VAN PAPER COMPANY Cleaning Supplies General Community Center 300696 2,656 PRESCRIPTION LANDSCAPE Landscape Materials/Supp Street Maintenance 300277 2,634 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 300320 2,539 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 300422 2,531 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 300439 2,515 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 1033596 2,492 CDW GOVERNMENT INC.Printers IT Operating 300556 2,480 VAN PAPER COMPANY Cleaning Supplies General Community Center 300786 2,479 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 300200 2,470 CENTURYLINK Telephone City Center - CAM 300378 2,460 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund 300793 2,425 ABSOLUTELY STUMPED Other Contracted Services Tree Removal 300461 2,423 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 300430 2,421 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 300577 2,407 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 9557 2,398 INVOICE CLOUD INC Bank and Service Charges Various Funds 1033586 2,366 KRISS PREMIUM PRODUCTS INC Supplies - HVAC City Center - CAM 1033668 2,365 TWIN CITY SEED CO Repair & Maint. Supplies Street Maintenance 300256 2,355 PETERSON COUNSELING AND CONSULTING Other Contracted Services Fire 300814 2,281 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 300405 2,278 SYMBOLARTS Awards Safety Camp 300805 2,249 CENTURYLINK Telephone City Center - CAM 1033551 2,203 BARR ENGINEERING COMPANY OCS - Monitoring Stormwater Non-Capital 300717 2,196 TYLER TECHNOLOGIES INC Other Contracted Services Public Safety Communications 300737 2,195 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 300756 2,183 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 300476 2,179 A1 GARAGE ACQUISTION LLC Other Contracted Services Rehab 300587 2,154 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 300606 2,094 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 1033502 2,093 HORIZON COMMERCIAL POOL SUPPLY Supplies - Pool Pool Maintenance 300512 2,092 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police Sworn 300524 2,085 MARS SUPPLY Operating Supplies Fleet Operating 300279 2,065 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 300289 2,007 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 300301 2,002 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store 300753 1,999 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 300827 1,990 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police Sworn 1033569 1,987 STREICHERS Clothing & Uniforms Police Sworn 300525 1,966 MARTIN MARIETTA MATERIALS Waste Blacktop/Concrete Street Maintenance 300234 1,960 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits 300836 1,960 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits Check #Amount Supplier / Explanation Account Description Business Unit Comments 300278 1,954 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 300714 1,950 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 300344 1,935 ARVIG Fiber Lease Payments IT Operating 300432 1,925 SMALL LOT MN Liquor Product Received Prairie Village Liquor Store 300303 1,918 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 1033580 1,907 BRAUN INTERTEC CORPORATION Testing Stormwater Capital 300305 1,902 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store 300389 1,897 PERA Wages and Benefits 494 Corridor Commission 300692 1,897 PERA Wages and Benefits 494 Corridor Commission 300858 1,870 POWDER COATING TECHNOLOGIES INC Contract Svcs - Ice Rink Ice Arena Maintenance 300212 1,849 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 300503 1,829 FIRE SAFETY USA INC Operating Supplies Fleet Operating 300194 1,825 BECKER ARENA PRODUCTS INC Repair & Maint - Ice Rink Ice Arena Maintenance 300495 1,800 DAVE'S FLOOR SANDING & INSTALLING INC Contract Svcs - General Bldg General Community Center 300482 1,800 BAUER PETER Accounts Receivable TIF-Eden Shores Senior Housing 300666 1,785 INDIGO SIGNWORKS, INC.Operating Supplies Special Events Admin 300576 1,777 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store 1033503 1,769 MENARDS Repair & Maint. Supplies Water Distribution 300832 1,756 HOME DEPOT CREDIT SERVICES Small Tools Park Shelters 300872 1,752 STANDARD SPRING PARTS Equipment Parts Fleet Operating 300725 1,748 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 1033632 1,744 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store 300591 1,743 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 300192 1,735 ASPEN MILLS Clothing & Uniforms Fire 300359 1,734 EDEN PRAIRIE COMMUNITY EDUCATION Instructor Service Senior Center Programs 300823 1,730 GREAT LAKES COCA-COLA DISTRIBUTION Merchandise for Resale Concessions 300210 1,718 CORE SURVIVAL INC Small Tools Fire 300545 1,711 SSI KEF SLB LLC Electric Maintenance Facility 1033483 1,710 BERKBIGLER, RIK Travel Expense Fire 1033543 1,691 MINNESOTA CLAY CO. USA Operating Supplies Arts Center 300777 1,665 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 300762 1,659 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store 300270 1,658 US BANK Interest Investment Fund 300831 1,656 HETCHLER MARK Legal TIF-Eden Shores Senior Housing 1033581 1,651 CONCRETE CUTTING AND CORING Repair & Maint. Supplies Tree Disease 300867 1,650 SCOTT W BAKER ASSOCIATES INC.Contract Svcs - General Bldg General Community Center 300774 1,650 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 300711 1,647 STANTEC CONSULTING SERVICES INC Other Contracted Services Stormwater Non-Capital 1033591 1,643 R & R SPECIALTIES OF WISCONSIN INC Repair & Maint - Ice Rink Ice Arena Maintenance 300372 1,642 KOIVISTO TRUCKING Repair & Maint. Supplies Water Treatment 1033612 1,628 PETERSON BROS ROOFING AND CONSTRUCTION I Contract Svcs - Roof General Community Center 300688 1,600 NOW MICRO INC Computers - Monitors IT Operating 1033509 1,583 STREICHERS Protective Clothing Police Sworn 300540 1,575 SCHICHTELS NURSERY INC Landscape Materials/Supp Tree Replacement Fund 1033638 1,564 KORAS, JORDAN Travel Expense Police Sworn 1033611 1,536 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 300506 1,529 GREAT LAKES COCA-COLA DISTRIBUTION Merchandise for Resale Concessions 1033588 1,524 LYNDALE PLANT SERVICES Contract Svcs - Int. Landscape City Hall (City Cost) 300329 1,504 MAVERICK WINE LLC Liquor Product Received Prairie View Liquor Store 1033562 1,494 MENARDS Equipment Parts Park Maintenance 300425 1,434 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 1033513 1,433 XCEL ENERGY Electric Various Funds 300705 1,418 SMOKIN HOT DISH Miscellaneous Volunteers 300237 1,412 JSW EMBROIDERY & TACKLE TWILL Clothing & Uniforms Fleet Operating 300499 1,403 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 300710 1,395 STANDARD SPRING PARTS Equipment Parts Fleet Operating 300560 1,390 YORKTOWN OFFICES Rent 494 Corridor Commission 300467 1,389 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 1033670 1,387 WM MUELLER AND SONS INC Patching Asphalt Street Maintenance 300875 1,373 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 300419 1,371 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 300470 1,370 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store 300736 1,362 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store 300534 1,350 PRECISE MRM LLC Other Contracted Services Snow & Ice Control 1033495 1,347 WSB & ASSOCIATES INC Design & Engineering Historical Culture 1033514 1,344 ZARNOTH BRUSH WORKS INC.Operating Supplies Park Maintenance 1033608 1,341 MENARDS Repair & Maint. Supplies Miller Park 300429 1,324 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store 300286 1,320 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store 300621 1,309 AIRGAS USA LLC Supplies - Pool Fire 300642 1,300 D H EXCAVATING Other Contracted Services Eden Prairie Cemetery 1033656 1,292 HORIZON COMMERCIAL POOL SUPPLY Supplies - Pool Pool Maintenance 300297 1,291 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 300584 1,284 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 300233 1,273 HOME DEPOT CREDIT SERVICES Supplies - Plumbing Pool Maintenance 1033566 1,252 PETERSON BROS ROOFING AND CONSTRUCTION I Contract Svcs - Roof Maintenance Facility 300834 1,200 ICMA Dues & Subscriptions Administration 300627 1,200 BIG STATE INDUSTRIAL SUPPLY INC Repair & Maint. Supplies Water Treatment 300780 1,197 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 300351 1,196 CENTURYLINK Telephone IT Operating 1033493 1,170 SITEONE LANDSCAPE SUPPLY, LLC Landscape Materials/Supp Tree Disease 1033491 1,155 MUNOZ, CESAR Mileage & Parking Police Sworn 300870 1,140 SIWEK LUMBER & MILLWORK INC Building Materials Street Maintenance 300365 1,112 HEALTHPARTNERS OCCUPATIONAL MEDICINE Employment Support Test Organizational Services 300313 1,103 SUMMER LAKES BEVERAGE LLC Liquor Product Received Den Road Liquor Store 300770 1,103 SUMMER LAKES BEVERAGE LLC Liquor Product Received Den Road Liquor Store 300242 1,100 LIFE SUPPORT INNOVATIONS Conference/Training Street Maintenance 300459 1,096 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 9590 1,095 WEX FSA - Medical Health and Benefits 1033659 1,094 MINNESOTA EQUIPMENT Equipment Parts Fleet Operating 1033584 1,088 GOPHER STATE ONE-CALL OCS - Utility Locates Water Distribution 1033538 1,085 JOHNSON, TROY Conference/Training IT Operating 300572 1,085 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 1033479 1,070 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store 300385 1,070 NORTH AMERICAN SAFETY INC Clothing & Uniforms Utility Operations - General 1033490 1,065 GLYNN JULIETTE Tuition Reimbursement/School Police Sworn 1033630 1,061 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 1033504 1,059 METRO SALES INCORPORATED*Printing/Copying 494 Corridor Commission 300848 1,051 MILESTONES Employee Award Organizational Services 300376 1,042 MARCO INC Hardware - R&M IT Operating 1033587 1,039 KUCERA MATT Tuition Reimbursement/School Organizational Services 300448 1,038 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 300785 1,037 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store 300668 1,035 J H LARSON COMPANY Supplies - Electrical City Center - CAM 1033647 1,033 ASPEN EQUIPMENT CO.Equipment Parts Fleet Operating 300274 1,017 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 300406 1,011 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 1033560 1,001 LITTLE FALLS MACHINE INC Equipment Parts Fleet Operating 300374 1,000 LEAGUE MN CITIES INS TRUST Insurance Property Insurance 9558 996 WEX FSA - Medical Health and Benefits 1033627 966 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store 300307 955 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store 300779 948 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store 300225 943 GREAT LAKES COCA-COLA DISTRIBUTION Merchandise for Resale Concessions 300218 942 EMERGENCY TECHNICAL DECON Protective Clothing Fire 300310 935 PRYES BREWING COMPANY Liquor Product Received Den Road Liquor Store 300613 923 MAVERICK WINE LLC Liquor Product Received Prairie View Liquor Store 300291 923 PRYES BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 9595 921 WEX Other Contracted Services Health and Benefits 300703 921 SCOTT COUNTY TREASURER Training Supplies Police Sworn 300222 900 FINCH MICHAEL Other Contracted Services Arts 300821 900 FOKKEN KYLE Other Contracted Services Arts 1033547 892 VIK, LISA Tuition Reimbursement/School Police Sworn 300771 891 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 1033578 891 BODENNER ZACHARY Conference/Training IT Operating 300610 890 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 300763 882 PEQUOD DISTRIBUTION Liquor Product Received Den Road Liquor Store 300590 881 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store 9553 880 AMERICAN EXPRESS Bank and Service Charges Wastewater Accounting 1033635 874 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store 300223 861 FLYING CLOUD TRANSFER STATION 4553 Waste Disposal Park Maintenance 1033618 861 STREICHERS Operating Supplies Police Sworn 1033524 858 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store 300445 854 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 300662 852 HENNEPIN COUNTY I/T DEPT Equipment Repair & Maint Public Safety Communications 300735 851 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store 1033517 846 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 300829 835 HENNEPIN COUNTY I/T DEPT Equipment Repair & Maint Public Safety Communications 1033626 835 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store 300784 829 MAVERICK WINE LLC Liquor Product Received Prairie View Liquor Store 300655 825 FIRE SAFETY USA INC Equipment Parts Fleet Operating 9545 825 ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits 9584 825 ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits 300571 808 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store 1033625 806 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 300570 803 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 300880 800 TRAFFIC CONTROL CORPORATION Equipment Repair & Maint Traffic Signals 300759 777 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store 300302 777 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 300325 771 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 300410 760 VETERAN SHREDDING Other Contracted Services Senior Center Programs 300734 759 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 1033522 754 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 300281 751 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Prairie Village Liquor Store 300244 750 MEALS ON WHEELS Other Contracted Services Housing and Community Service 300498 750 DIETHELM, TAMMY L Other Contracted Services Pleasant Hill Cemetery 300654 750 FINLEY BROS INC Operating Supplies Park Maintenance 300730 744 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store 1033477 740 VINOCOPIA Liquor Product Received Den Road Liquor Store 300388 740 PAFFY'S PEST CONTROL Contract Svcs - Pest Control Fire Station #4 1033564 737 METROPOLITAN MECHANICAL CONTRACTORS Contract Svcs - HVAC Ice Arena Maintenance 1033554 734 CDW GOVERNMENT INC.Computers IT Operating 1033529 732 ALBERS, JASON Travel Expense Fire 1033660 724 POMP'S TIRE SERVICE INC Tires Fleet Operating 300509 721 HARTFORD COMMONS AR Utility Water Enterprise Fund 300339 721 ABM EQUIPMENT AND SUPPLY COMPANY Equipment Parts Fleet Operating 1033488 705 FASTENAL COMPANY Repair & Maint. Supplies Fleet Operating 300522 705 LEAST SERVICES COUNSELING Other Contracted Services Police Sworn 300715 704 TAHO SPORTSWEAR INC Clothing & Uniforms Facilities Staff 1033516 702 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 300707 701 SOUTHERN ALUMINUM MANUFACTURING ACQUISIT Supplies - General Bldg Senior Center 300582 701 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 300241 700 LHB INC Other Contracted Services Sustainable Eden Prairie 300324 699 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Prairie View Liquor Store 1033606 693 INTERSTATE POWER SYSTEMS INC Equipment Repair & Maint Wastewater Lift Station 1033575 685 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 300253 683 NUSS TRUCK GROUP INC Equipment Parts Fleet Operating 300600 679 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 300745 677 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 300697 672 PRINCIPAL FINANCIAL GROUP Wages and Benefits 494 Corridor Commission 300352 670 CINTAS CORPORATION Safety Supplies Community Center Admin 1033519 669 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store 300622 668 ALL AROUND PROPERTY PRESERVATION LLC Building Permits General Fund 300765 667 PRYES BREWING COMPANY Liquor Product Received Den Road Liquor Store 9565 651 PMA FINANCIAL NETWORK INC Bank and Service Charges Various Funds 300481 643 ASSOCIATED EXTERIORS INC Other Contracted Services Rehab 1033556 643 ELECTRIC PUMP Equipment Repair & Maint Wastewater Lift Station 300454 638 PEQUOD DISTRIBUTION Liquor Product Received Den Road Liquor Store 300451 629 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store 300569 622 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 300690 619 PAFFY'S PEST CONTROL Contract Svcs - Pest Control City Center - CAM 300608 616 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store 300796 604 AIRGAS USA LLC Supplies - Pool Pool Maintenance 9569 603 WEX FSA - Medical Health and Benefits 300673 600 LEADERSHIP TRANSITIONS INC Conference/Training Community Development Admin. 1033498 600 DAKOTA SUPPLY GROUP INC Operating Supplies Round Lake 1033559 600 IDENTISYS Hardware - R&M IT Operating 9554 597 WEX FSA - Medical Health and Benefits 300341 596 AIRGAS USA LLC Contract Svcs - Pool Pool Maintenance 300317 591 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 300308 585 PEQUOD DISTRIBUTION Liquor Product Received Den Road Liquor Store 9550 578 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating 9605 572 WEX FSA - Dependent Care Health and Benefits 300254 566 PAFFY'S PEST CONTROL Contract Svcs - Pest Control Arts Center Check #Amount Supplier / Explanation Account Description Business Unit Comments 1033550 564 ASPEN WASTE SYSTEMS INC.Waste Disposal Utility Operations - General 300452 558 MEGA BEER Liquor Product Received Den Road Liquor Store 300550 551 SYSCO WESTERN MINNESOTA Other Rentals Concessions 300306 550 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store 1033506 546 OSI BATTERIES INC Office Supplies Police Sworn 1033475 543 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 300231 543 HENNEPIN COUNTY TREASURER Licenses, Taxes, Fees Stormwater Non-Capital 300282 542 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 300363 540 GLACIAL RIDGE GROWERS Landscape Materials/Supp Tree Replacement Fund 300672 539 LAWSON PRODUCTS INC Repair & Maint. Supplies Fleet Operating 300859 530 PRAIRIE LAWN AND GARDEN Small Tools Park Maintenance 300593 527 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store 300649 525 EHLERS & ASSOCIATES INC Deposits Economic Development Fund 300404 522 SUBURBAN CHEVROLET Equipment Repair & Maint Fleet Operating 300575 522 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store 300295 520 SUMMER LAKES BEVERAGE LLC Liquor Product Received Prairie Village Liquor Store 300527 519 MOST DEPENDABLE FOUNTAINS Repair & Maint. Supplies Park Maintenance 1033629 519 VINOCOPIA Liquor Product Received Den Road Liquor Store 300288 511 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store 300581 504 SUMMER LAKES BEVERAGE LLC Liquor Product Received Prairie Village Liquor Store 300761 503 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store 300555 502 UNIVERSAL ATHLETIC SERVICES INC Operating Supplies Park Maintenance 300401 501 STAPLES ADVANTAGE Office Supplies Customer Service 300722 500 VERLEY, TARYN Other Contracted Services Theatre Initiative 1033664 495 SPS COMPANIES Repair & Maint - Ice Rink Fire Station #1 300847 494 MHSRC/DDP Other Contracted Services Senior Center Programs 300851 492 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Traffic Signals 9591 485 WEX FSA - Medical Health and Benefits 300731 483 DOMACE VINO Liquor Product Received Prairie Village Liquor Store 300643 480 DALE GREEN COMPANY, THE Landscape Materials/Supp Street Maintenance 1033526 479 VINOCOPIA Liquor Product Received Prairie View Liquor Store 300427 479 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store 1033624 478 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 9597 478 WEX FSA - Medical Health and Benefits 300264 475 SOLUTION BUILDERS Computers 494 Corridor Commission 300700 475 RIEDELL SHOES Capital Under $25,000 Ice Operations 1033535 475 FASTENAL COMPANY Operating Supplies Fleet Operating 300331 470 PRYES BREWING COMPANY Liquor Product Received Prairie View Liquor Store 300732 470 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 300403 469 STRYKER SALES CORPORATION Operating Supplies Police Sworn 300311 467 SMALL LOT MN Liquor Product Received Den Road Liquor Store 9579 455 WEX FSA - Medical Health and Benefits 300618 444 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 300348 440 BIG STATE INDUSTRIAL SUPPLY INC Safety Supplies Utility Operations - General 1033527 433 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 300828 425 HENNEPIN COUNTY FIRE CHIEF ASSOC Training Fire 300280 424 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store 300629 421 BOUND TREE MEDICAL LLC EMS Supplies Fire 1033501 419 H M CRAGG CO Contract Svcs - Fire/Life/Safe Fire Station #4 300878 418 TMS JOHNSON Supplies - HVAC City Center - CAM 300371 416 JSW EMBROIDERY & TACKLE TWILL Deposits General Fund Check #Amount Supplier / Explanation Account Description Business Unit Comments 1033628 415 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store 300510 415 HEALTH STRATEGIES Health & Fitness Fire 1033610 413 MINNESOTA EQUIPMENT Equipment Parts Fleet Operating 300630 408 CAMP RIPLEY MESS FUND Tuition Reimbursement/School Police Sworn 300712 405 STAPLES ADVANTAGE Office Supplies Customer Service 300315 404 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 9559 402 WEX FSA - Medical Health and Benefits 300614 402 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store 300204 400 CITY OF SAINT PAUL Tuition Reimbursement/School Police Sworn 300589 395 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 1033614 395 PREMIUM WATERS INC Operating Supplies - Water Fire 300229 390 HECKSEL MACHINE INC Equipment Repair & Maint Fire 300798 389 ARAMARK Janitor Service Various Funds 300500 389 EDEN PRAIRIE CENTER LLC Building Rental CDBG - Public Service 300247 389 MIDAS Equipment Repair & Maint Fleet Operating 300876 385 TALKPOINT TECHNOLOGIES INC Operating Supplies E-911 Program 300441 382 BLUE CLOUD DISTRIBUTION OF MINNESOTA INC Liquor Product Received Den Road Liquor Store 300379 381 MHSRC/DDP Other Contracted Services Senior Center Programs 1033666 381 STREICHERS Clothing & Uniforms Police Sworn 300356 375 DIETHELM, TAMMY L Other Contracted Services Eden Prairie Cemetery 300395 375 REGENTS OF THE UNIVERSITY OF MINNESOTA Operating Supplies Outdoor Center 300825 375 HEALTH STRATEGIES Health & Fitness Fire 300864 375 REMARKABLE REPTILES, THE Other Contracted Services Outdoor Center 300197 374 BROADWAY AWARDS Operating Supplies Volunteers 1033585 370 GREATAMERICA FINANCIAL SVCS Postage Customer Service 300769 369 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store 300863 366 PROPIO LS LLC Other Contracted Services Communications 300787 364 PRYES BREWING COMPANY Liquor Product Received Prairie View Liquor Store 300436 363 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 300689 361 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire 300381 361 MINNESOTA DEPARTMENT OF NATURAL RESOURCE Design & Engineering Water Capital 300196 361 BOUND TREE MEDICAL LLC EMS Supplies Fire 300626 358 BATTERIES PLUS BULBS Repair & Maint. Supplies Fleet Operating 1033642 356 NAUMANN, ANDREW Clothing & Uniforms Police Sworn 300646 355 DISPLAY SALES Repair & Maint. Supplies Purgatory Creek Park 300603 355 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 300558 355 WATER CONSERVATION SERVICES INC OCS - Leak Detection Water Distribution 300323 354 DOMACE VINO Liquor Product Received Prairie View Liquor Store 300624 352 ASPEN MILLS Postage Fire 300835 347 INDIGO SIGNWORKS, INC.Printing Special Events Admin 300246 345 MHSRC/RANGE Training Fire 1033661 342 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical City Hall (City Cost) 1033521 341 VINOCOPIA Liquor Product Received Den Road Liquor Store 300259 340 PROP - PR Charitable Contributions Health and Benefits 300856 340 PAPCO INC Janitor Service General Community Center 300862 340 PROP - PR Charitable Contributions Health and Benefits 300713 340 SUBURBAN CHEVROLET Equipment Repair & Maint Fleet Operating 300283 333 INSIGHT BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 300326 333 INSIGHT BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 9600 328 WEX FSA - Medical Health and Benefits 300583 326 AM CRAFT SPIRITS SALES & MARKETING Liquor Product Received Den Road Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 300383 325 MN COMMERCIAL ASSOCIATION OF REAL ESTATE Dues & Subscriptions Economic Development 300656 324 FREEZIAC Merchandise for Resale Concessions 1033505 323 MTI DISTRIBUTING INC Equipment Repair & Maint Park Maintenance 300493 321 COREMARK METALS Equipment Parts Fleet Operating 300265 319 ST CROIX LINEN LLC Operating Supplies-Linens Fire 300400 319 ST CROIX LINEN LLC Operating Supplies-Linens Fire 300871 319 ST CROIX LINEN LLC Operating Supplies-Linens Fire 300749 316 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store 9578 313 WEX FSA - Medical Health and Benefits 300367 312 IDEA CREEK LLC,THE Operating Supplies-Award/Retir Fire 1033574 311 VINOCOPIA Liquor Product Received Den Road Liquor Store 300357 311 DIRECTV Cable TV Community Center Admin 300276 306 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store 300298 306 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store 300739 302 PRYES BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 300632 301 CENTURYLINK Telephone E-911 Program 300537 300 RABBIT RESCUE OF MN Other Contracted Services Specialty Fitness Programs 300628 300 BODELL DEBRA Other Contracted Services Theatre Initiative 300699 300 QUIGLEY JONATHAN JR Other Contracted Services Theatre Initiative 300724 300 SCOTT COUNTY SHERIFF'S OFFICE Deposits General Fund 300322 299 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store 1033653 296 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits 300333 293 SMALL LOT MN Liquor Product Received Prairie View Liquor Store 300683 293 MINVALCO INC Supplies - HVAC Fire Station #1 300652 293 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Equipment Parts Fleet Operating 300580 290 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store 300564 286 AM CRAFT SPIRITS SALES & MARKETING Liquor Product Received Prairie Village Liquor Store 300328 286 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store 300390 285 PETERSON, JAMES AR Utility Water Enterprise Fund 300523 285 LEIFELD FRAMING Operating Supplies Police Sworn 300601 284 WINEBOW Liquor Product Received Den Road Liquor Store 300760 282 MEGA BEER Liquor Product Received Den Road Liquor Store 300370 282 JOHNSTONE SUPPLY Contract Svcs - HVAC Den Bldg. - CAM 300435 282 VIP WINE & SPIRITS LTD Liquor Product Received Prairie Village Liquor Store 300287 280 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 300257 280 PLANT & FLANGED EQUIPMENT Repair & Maint. Supplies Miller Park 1033573 279 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 1033623 277 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store 1033545 276 QUALITY PROPANE Motor Fuels Fleet Operating 300557 275 WARNING LITES Operating Supplies Traffic Signs 300799 273 ASPEN MILLS Clothing & Uniforms Fire 1033583 271 FASTENAL COMPANY Safety Supplies Fleet Operating 1033594 271 TINGLEY NICOLE Mileage & Parking City Clerk 1033481 267 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store 300561 266 ZELENAK OWEN Travel Expense Utility Operations - General 300685 264 MR CUTTING EDGE Contract Svcs - Ice Rink Ice Arena Maintenance 300220 264 FASTSIGNS Signs Park Maintenance 300790 263 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 300742 262 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store 1033508 260 SHERWIN WILLIAMS Operating Supplies Park Maintenance 300353 258 CITY OF MINNETONKA Travel Expense Administration Check #Amount Supplier / Explanation Account Description Business Unit Comments 300434 257 UNMAPPED BREWING CO Liquor Product Received Prairie Village Liquor Store 300453 256 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store 300335 255 UNMAPPED BREWING CO Liquor Product Received Prairie View Liquor Store 300412 250 WAYNES HOME SERVICES Window Washing Arts Center 300477 250 AIYAR SHRUTI Other Contracted Services Arts 300661 250 HEALY MEG Other Contracted Services Theatre Initiative 1033652 248 ECM PUBLISHERS INC Legal Notices Publishing City Clerk 9568 247 US BANK - PAYMODE Bank and Service Charges Finance 300874 244 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 300336 243 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 1033486 242 CARLSTON, BRANDON Tuition Reimbursement/School Police Sworn 1033510 241 ULINE Office Supplies Police Sworn 1033634 240 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 300501 240 EMERGENCY TECHNICAL DECON Equipment Repair & Maint Police Sworn 300236 239 JOHNSTONE SUPPLY Supplies - HVAC Fire Station #1 300743 238 UNMAPPED BREWING CO Liquor Product Received Prairie Village Liquor Store 1033520 235 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store 300497 235 DELTA DENTAL Wages and Benefits 494 Corridor Commission 300567 235 BLUE CLOUD DISTRIBUTION OF MINNESOTA INC Liquor Product Received Prairie Village Liquor Store 300716 226 TRANSUNION RISK & ALTERNATIVE DATA Other Contracted Services Police Sworn 300384 225 MUEHLBAUER, THOMAS G Other Contracted Services Community Band 300682 225 MINNESOTA POLLUTION CONTROL AGENCY Conference/Training Utility Operations - General 1033577 221 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store 300795 220 AFLAC WORLDWIDE HEADQUARTERS Wages and Benefits 494 Corridor Commission 300457 217 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store 300314 217 URBAN GROWLER BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 300484 217 BROADWAY AWARDS Operating Supplies Volunteers 1033590 215 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 1033654 214 GRAINGER Repair & Maint - Ice Rink Ice Arena Maintenance 300418 212 56 BREWING LLC Liquor Product Received Prairie Village Liquor Store 1033525 211 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store 300551 211 TIMESAVER OFF SITE SECRETARIAL INC Other Contracted Services City Council 300411 210 WANG HONGYUN P&R Refunds Community Center Admin 300802 210 BECKER ARENA PRODUCTS INC Repair & Maint - Ice Rink Ice Arena Maintenance 300766 208 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store 9572 208 VANCO SERVICES Bank and Service Charges Wastewater Accounting 1033480 205 VINOCOPIA Liquor Product Received Prairie View Liquor Store 9567 203 WEX FSA - Medical Health and Benefits 300789 202 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store 300275 201 BERGMAN LEDGE LLC Liquor Product Received Prairie Village Liquor Store 300633 200 CITY OF SAINT PAUL Tuition Reimbursement/School Police Sworn 300845 200 MAUS, KERRY Other Contracted Services Senior Center Programs 300206 199 COMCAST Phone/Data/Web 494 Corridor Commission 300420 198 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store 300440 198 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store 300462 198 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store 300807 198 CERTIFIED APPLIANCE RECYCLING Waste Disposal Recycle Rebate 300746 197 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 300502 196 FELKER, BARBARA P&R Refunds Community Center Admin 300838 195 J H LARSON COMPANY Repair & Maint. Supplies Fire Station #1 1033500 195 GRAINGER Repair & Maint. Supplies Park Maintenance Check #Amount Supplier / Explanation Account Description Business Unit Comments 300565 195 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 1033602 194 GRAINGER Repair & Maint. Supplies Ice Arena Maintenance 1033633 193 VINOCOPIA Liquor Product Received Prairie View Liquor Store 9577 192 WEX FSA - Dependent Care Health and Benefits 300480 192 ARAMARK Janitor Service Den Road Liquor Store 1033571 192 WATSON CO INC, THE Merchandise for Resale Concessions 300207 190 COMCAST Internet IT Operating 1033592 189 RUE, RODNEY Mileage & Parking Engineering 1033492 187 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 300520 184 LEAGUE MN CITIES INS TRUST Insurance Property Insurance 300255 184 PAPCO INC Cleaning Supplies General Community Center 300585 182 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store 300604 182 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store 300594 181 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store 300806 180 CENTURYLINK Internet IT Operating 1033576 180 VINOCOPIA Liquor Product Received Prairie View Liquor Store 300738 179 PORTAGE BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 300781 177 INSIGHT BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 300463 177 BLUE CLOUD DISTRIBUTION OF MINNESOTA INC Liquor Product Received Prairie View Liquor Store 1033534 175 CONCRETE CUTTING AND CORING Landscape Materials/Supp Street Maintenance 300346 175 AT & T Other Contracted Services Police Sworn 300553 175 TWIN CITY MONUMENT CO Other Contracted Services Pleasant Hill Cemetery 1033539 175 LEONARD, MICHELLE Conference/Prof. Dev.494 Corridor Commission 1033482 174 BECKER, DAVE Mileage & Parking Police Sworn 300773 174 56 BREWING LLC Liquor Product Received Prairie View Liquor Store 1033607 172 MATHESON TRI-GAS INC Repair & Maint. Supplies Fleet Operating 1033593 171 SCHULZE, CARTER Mileage & Parking Engineering 300343 170 ARAMARK Janitor Service Prairie View Liquor Store 300704 168 SHOUP LIV Licenses, Taxes, Fees Theatre Initiative 300684 168 MOTION INDUSTRIES INC.Supplies - HVAC City Center - CAM 300428 167 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 1033531 164 BERRY COFFEE COMPANY Merchandise for Resale Concessions 1033644 162 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 300634 162 COMCAST Cable TV Fire 300318 162 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store 300360 160 ESTRINE, ROBERT Other Contracted Services Community Band 300447 160 ELM CREEK BREWING COMPANY Liquor Product Received Den Road Liquor Store 300456 160 PRYES BREWING COMPANY Liquor Product Received Den Road Liquor Store 300472 160 PRYES BREWING COMPANY Liquor Product Received Prairie View Liquor Store 1033489 159 FLEETPRIDE INC Equipment Parts Fleet Operating 300424 159 DOMACE VINO Liquor Product Received Prairie Village Liquor Store 300726 158 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store 300775 158 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store 300402 157 STATE OF MINNESOTA Licenses, Taxes, Fees Fleet Operating 300342 156 ANCOM COMMUNICATIONS INC Other Assets Public Safety Communications 300709 156 STAMOS GRIFFITHS DALE Licenses, Taxes, Fees Theatre Initiative 1033511 156 VARITECH INDUSTRIES INC Equipment Parts Fleet Operating 300772 156 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 300232 155 HENNEPIN COUNTY TREASURER Waste Disposal Park Maintenance 300217 155 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Equipment Parts Fleet Operating 300391 155 PILGRIM DRY CLEANERS INC Clothing & Uniforms Police Sworn Check #Amount Supplier / Explanation Account Description Business Unit Comments 300292 152 SHAKOPEE BREWHALL Liquor Product Received Prairie Village Liquor Store 300625 150 BAKER LAURA Other Contracted Services Theatre Initiative 1033620 150 USA SECURITY Maintenance Contracts Water Treatment 300873 148 STAPLES ADVANTAGE Office Supplies Customer Service 300754 147 DOMACE VINO Liquor Product Received Den Road Liquor Store 300631 144 CANTRELL RUTH Licenses, Taxes, Fees Theatre Initiative 300650 144 EHRLICH C J Licenses, Taxes, Fees Theatre Initiative 300450 143 LIBATION PROJECT Liquor Product Received Den Road Liquor Store 300413 142 WHEELER LUMBER LLC Building Materials Street Maintenance 300296 142 VIP WINE & SPIRITS LTD Liquor Product Received Prairie Village Liquor Store 300720 141 VAN PAPER COMPANY Cleaning Supplies General Community Center 1033637 139 GREATAMERICA FINANCIAL SVCS Postage Customer Service 1033651 138 CDW GOVERNMENT INC.Computers IT Operating 1033536 138 FLEETPRIDE INC Equipment Parts Fleet Operating 300758 138 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store 300783 138 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store 300747 136 56 BREWING LLC Liquor Product Received Den Road Liquor Store 300486 135 CENTURYLINK Internet IT Operating 300816 135 EARL F ANDERSEN INC Signs Park Maintenance 1033518 135 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store 1033528 135 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store 300644 132 DALTON, DONNA AR Utility Water Enterprise Fund 300623 132 ARIELLE PRODUCTIONS INTERNATIONAL LTD Licenses, Taxes, Fees Theatre Initiative 300833 132 HOWES KAREN Licenses, Taxes, Fees Theatre Initiative 300460 131 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 1033523 131 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store 300290 126 PORTAGE BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 300755 126 HEADFLYER BREWING Liquor Product Received Den Road Liquor Store 300337 125 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 300597 125 SMALL LOT MN Liquor Product Received Den Road Liquor Store 300670 125 KING SAMANTHA Other Contracted Services Theatre Initiative 300702 125 SCHWANTES MICHELLE Other Contracted Services Theatre Initiative 1033640 125 MCMONIGAL, CAROLE Tuition Reimbursement/School Fitness Classes 1033515 125 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store 300382 125 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 300446 123 DOMACE VINO Liquor Product Received Den Road Liquor Store 300609 123 DOMACE VINO Liquor Product Received Prairie View Liquor Store 300850 120 MINNESOTA TROPHIES & GIFTS Operating Supplies Police Sworn 300202 120 CHC CREATING HEALTHIER COMMUNITIES Charitable Contributions Health and Benefits 300676 120 LESLIE KATE Licenses, Taxes, Fees Theatre Initiative 300808 120 CHC CREATING HEALTHIER COMMUNITIES Charitable Contributions Health and Benefits 1033555 120 ECM PUBLISHERS INC Legal Notices Publishing City Clerk 300408 120 VAN PAPER COMPANY Cleaning Supplies General Community Center 300263 120 SNAP-ON TOOLS Small Tools Fleet Operating 300475 119 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 300491 118 COMCAST Cable TV Fire 300398 118 SCHLOSSMACHER, JIM Mileage & Parking Police Sworn 9588 116 WEX FSA - Medical Health and Benefits 300431 116 PORTAGE BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 300355 112 DELEGARD TOOL CO Equipment Parts Fleet Operating 300316 111 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 300800 110 ASSURED SECURITY Building Repair & Maint.Park Maintenance 1033619 110 TRANE U.S. INC Supplies - HVAC Fire Station #1 300496 109 DELEGARD TOOL CO Small Tools Fleet Operating 300542 109 SHRED RIGHT Waste Disposal City Hall (City Cost) 300221 108 FIERCE JEN Operating Supplies Sustainable Eden Prairie 300599 107 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store 1033568 106 STERICYCLE INC Other Contracted Services Police Sworn 300852 106 MN MAINTENANCE EQUIPMENT INC Equipment Parts Fleet Operating 300284 105 INVICTUS BREWING CO Liquor Product Received Prairie Village Liquor Store 300340 105 ACTIVAR PLASTIC PRODUCTS GROUP INC Repair & Maint. Supplies Water Treatment 1033663 104 SPRINT Cell Phones 494 Corridor Commission 300294 104 STARRY EYED BREWING LLC Liquor Product Received Prairie Village Liquor Store 300579 104 STARRY EYED BREWING LLC Liquor Product Received Prairie Village Liquor Store 300741 104 STARRY EYED BREWING LLC Liquor Product Received Prairie Village Liquor Store 300768 104 STARRY EYED BREWING LLC Liquor Product Received Den Road Liquor Store 300489 103 COMCAST Cable TV Fire 300638 100 CONSTABLE LORI Other Contracted Services Theatre Initiative 300639 100 CORDES JENNIFER Other Contracted Services Theatre Initiative 300691 100 PASSARO, JESSICA Other Contracted Services Theatre Initiative 300837 100 I-STATE TRUCK CENTER Equipment Repair & Maint Fleet Operating 300203 100 CINTAS CORPORATION #470 Operating Supplies Park Maintenance 300718 99 UNIVERSAL ATHLETIC SERVICES INC Repair & Maint. Supplies Park Maintenance 1033476 99 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store 1033478 99 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store 300531 98 POWELL GRACIE Landscape Materials/Supp Street Maintenance 300205 93 COMCAST Internet IT Operating 1033582 93 EICHMAN NATHAN Canine Supplies Police Sworn 300399 93 SOLUTION BUILDERS Computers 494 Corridor Commission 9594 93 WEX FSA - Medical Health and Benefits 300687 92 NELSON RON P&R Refunds Community Center Admin 1033657 92 MENARDS Equipment Parts Fleet Operating 1033533 92 CLAREY'S SAFETY EQUIPMENT Repair & Maint. Supplies Fire 9552 92 WEX FSA - Medical Health and Benefits 300226 92 GROTH MUSIC Operating Supplies Community Band 300566 91 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store 300611 91 INVICTUS BREWING CO Liquor Product Received Prairie View Liquor Store 1033631 91 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store 300251 90 NORTHERN BRANDS INC Operating Supplies Volunteers 1033530 89 ARPIN, TONJA Tuition Reimbursement/School Fitness Classes 300744 88 VIP WINE & SPIRITS LTD Liquor Product Received Prairie Village Liquor Store 300529 87 NORTHERN BRANDS INC Operating Supplies Volunteers 300201 87 CENTURYLINK Telephone Wastewater Lift Station 9574 87 WEX FSA - Medical Health and Benefits 300815 86 DURKEE, DAVID Operating Supplies Theatre Initiative 300573 84 INBOUND BREW CO Liquor Product Received Prairie Village Liquor Store 300842 84 LUBE-TECH ESI Lubricants & Additives Fleet Operating 300855 84 OFFICE OF MN IT SERVICES Other Contracted Services Police Sworn 300350 82 BROADWAY AWARDS Operating Supplies Heritage Preservation 300617 82 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store 9589 81 PAYCHEX Corridor Comm. Misc 494 Corridor Commission 300513 80 HENNEPIN COUNTY CHIEFS OF POLICE Tuition Reimbursement/School Police Sworn Check #Amount Supplier / Explanation Account Description Business Unit Comments 300801 79 BAKER LAURA Operating Supplies Theatre Initiative 300563 78 HENNEPIN COUNTY WARRANT OFFICE Deposits General Fund 300635 77 COMCAST Cable TV Fire 300536 77 PROPIO LS LLC Other Contracted Services Police Sworn 1033541 76 MADISON, MELISSA Outreach Mileage/Parking 494 Corridor Commission 300216 75 EDINA, CITY OF Other Contracted Services Communications 1033540 74 LINDAHL, DAVID Mileage & Parking Economic Development 300653 72 FASTSIGNS Equipment Parts Fleet Operating 9564 71 PAYCHEX Payroll Admin. Fees 494 Corridor Commission 9598 70 WEX FSA - Medical Health and Benefits 300211 70 CROWN TROPHY Employee Award Internal Events 9573 67 MONEY MOVERS INC Other Contracted Services Community Center Admin 300438 66 56 BREWING LLC Liquor Product Received Den Road Liquor Store 300362 65 FORD KATE P&R Refunds Community Center Admin 300854 64 NORTHERN TOOL Equipment Parts Fleet Operating 1033641 64 METROPOLITAN FORD Equipment Parts Fleet Operating 1033484 63 BOSACKER MIKE Mileage & Parking Police Sworn 300468 62 INVICTUS BREWING CO Liquor Product Received Prairie View Liquor Store 300488 62 COMCAST Cable TV Fire 9603 61 WEX FSA - Medical Health and Benefits 1033615 56 QUICKSILVER EXPRESS COURIER Postage Engineering 300849 56 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 1033636 55 CUSTOM HOSE TECH Equipment Parts Fleet Operating 300332 54 SHAKOPEE BREWHALL Liquor Product Received Prairie View Liquor Store 300392 54 PRAIRIE LAWN AND GARDEN Repair & Maint. Supplies Utility Operations - General 300508 52 GS DIRECT Operating Supplies Engineering 300208 52 COMCAST Cable TV Fire 300809 52 COMCAST Cable TV Fire 300602 51 AM CRAFT SPIRITS SALES & MARKETING Liquor Product Received Prairie View Liquor Store 300636 50 COMCAST Internet IT Operating 300267 50 SUBPOENA COMPLIANCE LEGAL DEPARTMENT Other Contracted Services Police Sworn 300386 50 NORTON HOMES Deposits Water Enterprise Fund 9560 48 WEX FSA - Medical Health and Benefits 300886 47 WINSUPPLY EDEN PRAIRIE MN CO Capital Under $25,000 Water Capital 300268 46 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 300437 45 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 9593 42 WEX FSA - Medical Health and Benefits 300620 41 AFLAC INC Wages and Benefits 494 Corridor Commission 1033542 40 MEREDITH KATE Outreach Mileage/Parking 494 Corridor Commission 1033643 40 OLSON, ROBERT Mileage & Parking Police Sworn 300647 40 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 9604 38 WEX FSA - Medical Health and Benefits 9599 36 WEX FSA - Medical Health and Benefits 9563 34 WEX FSA - Medical Health and Benefits 9566 33 WEX HSA - Employee Health and Benefits 9561 33 WEX FSA - Medical Health and Benefits 1033579 31 BOHNSACK, SUE Mileage & Parking Senior Center Admin 300706 30 SNAP-ON TOOLS Software Fleet Operating 300214 29 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits 300215 29 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits 300818 29 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits Check #Amount Supplier / Explanation Account Description Business Unit Comments 300819 29 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits 300361 28 FLAGSHIP RECREATION Repair & Maint. Supplies Park Maintenance 1033552 27 BOBBY & STEVE'S AUTO WORLD EDEN PRAIRIE Equipment Repair & Maint Police Sworn 300474 26 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 1033487 26 ELLIS, ROBERT Mileage & Parking Engineering 300866 26 SCHWANTES MICHELLE Operating Supplies Theatre Initiative 300387 25 OPHOVEN SAW SERVICE Equipment Repair & Maint Senior Center Programs 9592 25 WEX FSA - Medical Health and Benefits 300517 25 IPMA-HR MN Dues & Subscriptions Human Resources 300543 24 SNAP-ON TOOLS Small Tools Fleet Operating 1033589 24 NOVAK-KREBS BETH Miscellaneous Heritage Preservation 300877 24 THIEU TUYEN P&R Refunds Community Center Admin 1033595 23 TOLL GAS AND WELDING SUPPLY Repair & Maint. Supplies Utility Operations - General 300637 23 COMCAST Other Contracted Services Police Sworn 1033669 22 UPS Postage Fitness Admin. 300810 21 CORDES JENNIFER Operating Supplies Theatre Initiative 300266 21 STATE OF MINNESOTA Miscellaneous DWI Forfeiture 1033494 20 SPOK, INC.Cell/Pager Plans IT Operating 9576 20 WEX FSA - Medical Health and Benefits 300869 18 SHRED RIGHT Waste Disposal General Community Center 300830 17 HENNEPIN COUNTY TREASURER Equipment Repair & Maint Public Safety Communications 1033546 16 TOLL GAS AND WELDING SUPPLY Equipment Parts Fleet Operating 300213 16 EDEN PRAIRIE CRIME PREVENTION FUND Charitable Contributions Health and Benefits 300250 16 NCPERS GROUP LIFE INSURANCE PERA Health and Benefits 300817 16 EDEN PRAIRIE CRIME PREVENTION FUND Charitable Contributions Health and Benefits 300853 16 NCPERS GROUP LIFE INSURANCE PERA Health and Benefits 300526 15 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Creek Woods 1033537 14 GOERGEN, MARIE Clothing & Uniforms Fitness Admin. 300548 13 ST PIERRE GRANT Deposits General Fund 9555 12 NCR PAYMENT SOLUTIONS,PA, LLC Bank and Service Charges Liquor Store Delivery 300641 10 CULLIGAN BOTTLED WATER Corridor Comm. Misc 494 Corridor Commission 300538 9 RECKER, KATHRYN ROSSO Clothing & Uniforms Fitness Admin. 300651 8 ELLEFSON, DAVID P&R Refunds Community Center Admin 300485 6 CEF EP COMMUNITY SOLAR LLC Electric Facilities Operating ISF 300228 5 HEATH KROONA JULIE AR Utility Water Enterprise Fund 300239 5 KROONA MARK AR Utility Water Enterprise Fund 300664 5 HENNEPIN COUNTY TREASURER Licenses, Taxes, Fees Stormwater Non-Capital 300490 4 COMCAST Other Contracted Services Police Sworn 1033544 3 NELSON, ROBIN Outreach Mileage/Parking 494 Corridor Commission 9551 0.02 WEX HSA - Employee Health and Benefits 5,835,676 Grand Total City of Eden Prairie Purchasing Card Payment Report 6/13/2023 Amount Account Description Business Unit 4,912 Plumbing Surcharge General Fund 4,472 Miscellaneous City Council 2,580 Repair & Maint. Supplies Pleasant Hill Cemetery 2,148 Capital Under $25,000 Pool Operations 2,066 Conference/Training Police Sworn 1,952 Travel Expense Fire 1,789 Travel Expense Fire 1,545 Special Event Fees Senior Center Programs 1,500 Conference/Training City Council 1,340 Operating Supplies Outreach 1,301 Travel Expense Fire 1,231 Operating Supplies Park Maintenance 1,224 Retention Program Community Center Admin 1,150 Tuition Reimbursement/School Police Sworn 1,095 Clothing & Uniforms Police Sworn 1,050 Licenses, Taxes, Fees Theatre Initiative 1,046 EMS Supplies Fire 969 Conference/Training Fleet Operating 939 Conference/Training Fleet Operating 914 Miscellaneous Internal Events 874 Conference/Training Engineering 860 Conference/Training Fire 853 Clothing & Uniforms Utility Operations - General 840 Special Event Fees Senior Center Programs 801 Equipment Parts Fleet Operating 795 Conference/Training Assessing 648 Capital Under $25,000 Theatre Initiative 648 Dues & Sub-Memberships Planning 623 Travel Expense Assessing 623 Travel Expense Assessing 608 EMS Supplies Fire 594 Landscape Materials/Supp Reforestation 578 Licenses, Taxes, Fees Fitness Classes 578 Licenses, Taxes, Fees Fitness Classes 578 Travel Expense Engineering 570 Protective Clothing Fire 538 Equipment Parts Fleet Operating 538 Operating Supplies Fire Amount Account Description Business Unit 528 Operating Supplies Theatre Initiative 521 Repair & Maint. Supplies City Hall (City Cost) 503 Operating Supplies Police Sworn 499 EMS Supplies Fire 498 Travel Expense City Council 496 Training Supplies Police Sworn 488 Miscellaneous Administration 486 Other Rentals Round Lake 476 Operating Supplies Outdoor Center 473 Capital Under $25,000 Fitness Center 472 Tuition Reimbursement/School Police Sworn 471 Employee Award Internal Events 460 Training Supplies Police Sworn 460 Employee Award Internal Events 455 Operating Supplies Outdoor Center 450 Clothing & Uniforms Park Facilities 447 Operating Supplies Fitness Center 440 Training Supplies Police Sworn 425 Conference/Training Administration 425 Equipment Parts Fleet Operating 424 Tuition Reimbursement/School Police Sworn 423 Training Supplies Police Sworn 414 Repair & Maint. Supplies Water Treatment 411 Equipment Repair & Maint Fleet Operating 394 Clothing & Uniforms Fitness Admin. 390 Repair & Maint. Supplies Fitness/Conference - Cmty Ctr 382 Operating Supplies Pickleball 378 Licenses, Taxes, Fees Pool Lessons 370 Repair & Maint. Supplies Water Treatment 368 Training Supplies Police Sworn 356 Operating Supplies Fire 355 Tuition Reimbursement/School Police Sworn 350 Dues & Sub-Memberships Inspections-Administration 337 Repair & Maint. Supplies Park Maintenance 336 Repair & Maint. Supplies Facilities Staff 334 Clothing & Uniforms Police Sworn 332 Miscellaneous Administration 328 Licenses, Taxes, Fees Pool Lessons 327 Travel Expense Utility Operations - General 326 Employee Award Internal Events 323 Other Contracted Services Park Maintenance 320 Process Control Equipment IT Operating Amount Account Description Business Unit 313 Merchandise for Resale Concessions 302 Equipment Parts Fleet Operating 300 Other Contracted Services Liquor Store Delivery 299 Small Tools Street Maintenance 297 Operating Supplies Police Sworn 283 Operating Supplies Fire 278 Clothing & Uniforms Pool Operations 274 Licenses, Taxes, Fees Fleet Operating 264 Conference/Training Youth Programs Admin 261 Canine Supplies Police Sworn 259 Tuition Reimbursement/School Police Sworn 259 Conference/Training Utility Operations - General 255 Operating Supplies Fire 253 Operating Supplies Community Center Admin 252 Conference/Training Fitness Classes 251 Advertising Arts 250 Advertising Prairie View Liquor Store 250 Conference/Training Assessing 250 Other Contracted Services Opioid Settlement 244 Operating Supplies Theatre Initiative 242 Operating Supplies Police Sworn 241 Miscellaneous City Council 240 Office Supplies Police Sworn 240 Landscape Materials/Supp Tree Replacement Fund 239 Process Control Equipment IT Operating 239 Tuition Reimbursement/School Police Sworn 237 Travel Expense Communications 234 Equipment Parts Fleet Operating 226 Operating Supplies Community Center Admin 225 Small Tools Fire 225 Tuition Reimbursement/School Police Sworn 225 Conference/Training Engineering 225 Conference/Training Engineering 223 Employee Award Internal Events 221 Tuition Reimbursement/School Police Sworn 221 Tuition Reimbursement/School Police Sworn 221 Tuition Reimbursement/School Police Sworn 221 Tuition Reimbursement/School Police Sworn 216 Operating Supplies Pool Lessons 216 Licenses, Taxes, Fees Pool Lessons 215 Merchandise for Resale Concessions 215 Operating Supplies Fire Amount Account Description Business Unit 210 Conference/Training Pool Operations 204 Operating Supplies Fire 201 Small Tools Street Maintenance 200 Clothing & Uniforms Utility Operations - General 198 Conference/Training Community Center Admin 194 Other Assets Public Safety Communications 191 Operating Supplies Recreation Admin 190 Operating Supplies New Adaptive 188 Operating Supplies Senior Center Programs 182 Employee Award Internal Events 180 Repair & Maint. Supplies General Community Center 180 Clothing & Uniforms Utility Operations - General 180 Operating Supplies IT Operating 179 Office Supplies Police Sworn 178 Miscellaneous IT Operating 177 Operating Supplies Community Center Admin 170 Office Supplies Utility Operations - General 163 Miscellaneous Administration 160 Operating Supplies Fire 159 Repair & Maint. Supplies City Center - CAM 159 Operating Supplies Tree Disease 157 Operating Supplies City Council 157 Operating Supplies July 4th Celebration 155 Operating Supplies Outdoor Center 155 Operating Supplies Playgrounds 154 Clothing & Uniforms Community Center Admin 154 Merchandise for Resale Concessions 150 Merchandise for Resale Concessions 150 Clothing & Uniforms Utility Operations - General 145 Employee Award Internal Events 144 Clothing & Uniforms Utility Operations - General 144 Operating Supplies Playgrounds 143 Other Contracted Services Arts Center 140 Equipment Parts Fleet Operating 140 Operating Supplies Community Center Admin 140 Clothing & Uniforms Utility Operations - General 139 Operating Supplies Theatre Initiative 139 Conference/Training IT Operating 139 Tuition Reimbursement/School Police Sworn 138 Small Tools Park Maintenance 138 Operating Supplies Fitness Center 137 Miscellaneous Internal Events Amount Account Description Business Unit 133 Small Tools Facilities Staff 130 Dues & Sub-Memberships Police Sworn 130 Clothing & Uniforms Utility Operations - General 119 Small Tools Park Maintenance 119 Conference/Training Economic Development 118 Special Event Fees Senior Center Programs 117 Operating Supplies Fitness Classes 116 Operating Supplies Theatre Initiative 115 Small Tools Park Maintenance 115 Small Tools Fleet Operating 113 Operating Supplies Police Sworn 112 Other Contracted Services Opioid Settlement 110 Repair & Maint. Supplies City Hall (City Cost) 103 Operating Supplies IT Operating 103 Operating Supplies Arts Center 102 Operating Supplies Fire 100 Special Event Fees Senior Center Programs 100 Tuition Reimbursement/School Police Sworn 100 Dues & Sub-Memberships Police Sworn 100 Dues & Sub-Memberships Police Sworn 100 Operating Supplies Police Sworn 100 Licenses, Taxes, Fees Fitness Classes 100 Repair & Maint. Supplies General Community Center 99 Operating Supplies July 4th Celebration 98 Equipment Repair & Maint Public Safety Communications 96 Operating Supplies Arts Center 95 Operating Supplies Outdoor Center 94 Operating Supplies Fire 91 Operating Supplies Senior Center Programs 91 Operating Supplies Arts Center 90 Operating Supplies Housing and Community Service 90 Licenses, Taxes, Fees Police Sworn 90 Other Contracted Services Opioid Settlement 87 Software/Hardware Maint.Fire 86 Office Supplies Arts Center 85 Office Supplies Utility Operations - General 84 Operating Supplies Arts Center 81 Operating Supplies Prairie View Liquor Store 80 Operating Supplies Fire 80 Miscellaneous Records Management 80 Special Event Fees Senior Center Programs 80 Software/Hardware Maint.IT Operating Amount Account Description Business Unit 78 Small Tools Fleet Operating 77 Deposits General Fund 77 Conference/Training Park Maintenance 75 Equipment Parts Fleet Operating 75 Awards Volleyball 75 Awards Volleyball 75 Operating Supplies Senior Center Programs 74 Operating Supplies Outdoor Center 73 Merchandise for Resale Senior Board 72 Software/Hardware Maint.IT Operating 72 Office Supplies Police Sworn 71 Operating Supplies Fire 70 Dues & Sub-Memberships Finance 68 Operating Supplies Arts Center 68 Equipment Parts Fleet Operating 66 Licenses, Taxes, Fees Pool Lessons 65 Operating Supplies Arts Center 64 Operating Supplies July 4th Celebration 62 Operating Supplies IT Operating 61 Repair & Maint. Supplies Water Treatment 60 Operating Supplies Community Center Admin 60 Travel Expense City Council 59 Equipment Parts Fleet Operating 59 Miscellaneous City Council 59 Operating Supplies Concessions 58 Office Supplies Utility Operations - General 58 Training Supplies Police Sworn 57 Motor Fuels Fleet Operating 57 Operating Supplies Arts Center 57 Computers IT Operating 56 Operating Supplies Fitness Classes 56 Operating Supplies Special Events Admin 56 Operating Supplies Fire 55 Office Supplies Police Sworn 55 Equipment Parts Fleet Operating 54 Operating Supplies IT Operating 54 Office Supplies Police Sworn 54 Operating Supplies IT Operating 54 Operating Supplies Fire 53 Operating Supplies Arts Center 53 Training Supplies Police Sworn 53 Motor Fuels Fleet Operating Amount Account Description Business Unit 52 Training Supplies Police Sworn 51 Operating Supplies Pool Lessons 50 Conference/Training Fleet Operating 50 Conference/Training Community Development Admin. 50 Operating Supplies Softball 49 Training Supplies Police Sworn 49 Employee Award Organizational Services 49 Operating Supplies Fitness Admin. 49 Repair & Maint. Supplies City Center - CAM 49 Operating Supplies Arts Center 48 Operating Supplies Accessibility 48 Training Supplies Police Sworn 48 Conference/Training Community Development Admin. 48 Conference/Training Planning 47 Clothing & Uniforms Senior Center Admin 46 Clothing & Uniforms Police Sworn 45 Tuition Reimbursement/School Police Sworn 45 Dues & Sub-Memberships Communications 45 Office Supplies Administration 44 Merchandise for Resale Concessions 44 Building Repair & Maint.Capital Maint. & Reinvestment 44 Operating Supplies Senior Center Programs 44 Operating Supplies Playgrounds 44 Other Contracted Services Theatre Initiative 43 Operating Supplies IT Operating 43 Repair & Maint. Supplies Fitness/Conference - Cmty Ctr 42 Conference/Training Pool Operations 42 Licenses, Taxes, Fees Pool Lessons 42 Office Supplies Police Sworn 42 Operating Supplies Youth Programs Admin 41 Licenses, Taxes, Fees Pool Lessons 40 Operating Supplies Outdoor Center 40 Operating Supplies Fitness Admin. 40 Operating Supplies Arts Center 39 Operating Supplies Theatre Initiative 39 Office Supplies Police Sworn 39 Operating Supplies Safety Camp 38 Conference/Training Planning 37 Operating Supplies Arts Center 36 Operating Supplies Arts Center 36 Operating Supplies Arts Center 35 Conference/Training Human Resources Amount Account Description Business Unit 35 Repair & Maint. Supplies Facilities Staff 35 Operating Supplies Arts Center 33 Operating Supplies Theatre Initiative 32 Training Supplies Police Sworn 32 Equipment Parts Fleet Operating 31 Operating Supplies Arts Center 31 Operating Supplies Theatre Initiative 31 Operating Supplies Arts Center 31 Operating Supplies Pool Lessons 30 Repair & Maint. Supplies Water Treatment 30 Repair & Maint. Supplies Water Distribution 30 Conference/Training IT Operating 30 Conference/Training Recreation Admin 30 Operating Supplies Fitness Admin. 30 Operating Supplies Theatre Initiative 29 Motor Fuels Fleet Operating 28 Computers Recreation Admin 27 Operating Supplies IT Operating 27 Operating Supplies July 4th Celebration 27 Operating Supplies Arts Center 27 Operating Supplies Outdoor Center 26 Operating Supplies Arts Center 26 Operating Supplies Pool Lessons 26 Operating Supplies Special Events Admin 25 Travel Expense Utility Operations - General 25 Other Contracted Services Organizational Services 25 Dues & Sub-Memberships Police Sworn 25 Repair & Maint. Supplies Facilities Staff 25 Operating Supplies Theatre Initiative 25 Operating Supplies Arts Center 24 Travel Expense Utility Operations - General 24 Repair & Maint. Supplies City Hall (City Cost) 23 Small Tools Facilities Staff 23 Operating Supplies July 4th Celebration 23 Operating Supplies IT Operating 23 Operating Supplies New Adaptive 22 Operating Supplies Housing and Community Service 22 Operating Supplies Arts Center 21 Operating Supplies Youth Programs Admin 21 Operating Supplies Theatre Initiative 21 Repair & Maint. Supplies General Community Center 20 Advertising Prairie View Liquor Store Amount Account Description Business Unit 20 Janitor Service Den Road Liquor Store 20 Dues & Sub-Memberships Police Sworn 20 Operating Supplies IT Operating 20 Travel Expense Utility Operations - General 19 Operating Supplies New Adaptive 19 Repair & Maint. Supplies General Community Center 19 Operating Supplies Outdoor Center 19 Operating Supplies Senior Center Programs 18 Office Supplies Police Sworn 18 Repair & Maint. Supplies General Community Center 18 Conference/Training Utility Operations - General 18 Operating Supplies Special Events Admin 18 Operating Supplies Youth Programs Admin 18 Operating Supplies Senior Center Programs 17 Other Contracted Services Organizational Services 17 Operating Supplies Fitness Center 17 Operating Supplies Public Safety Communications 17 Office Supplies Utility Operations - General 17 Operating Supplies Arts Center 16 Operating Supplies Theatre Initiative 16 Operating Supplies Round Lake Beach 16 Operating Supplies Fitness Classes 15 Operating Supplies Playgrounds 15 Dues & Sub-Memberships Communications 15 Licenses, Taxes, Fees Fleet Operating 14 Licenses, Taxes, Fees Park Maintenance 14 Operating Supplies Volunteers 14 Capital Under $25,000 Fitness Classes 14 Operating Supplies Theatre Initiative 14 Travel Expense Utility Operations - General 14 Office Supplies Arts Center 13 Special Event Fees Senior Center Programs 13 Operating Supplies Concessions 13 Training Supplies Fire 13 Operating Supplies Pool Lessons 13 Operating Supplies Outdoor Center 13 Repair & Maint. Supplies Park Maintenance 12 Dues & Sub-Memberships Police Sworn 12 Miscellaneous City Council 12 Special Event Fees Senior Center Programs 12 Operating Supplies Fitness Admin. 11 Operating Supplies Police Sworn Amount Account Description Business Unit 11 Operating Supplies Arts Center 11 Operating Supplies Wine Club/Events 11 Operating Supplies Pool Operations 11 Operating Supplies Pool Operations 11 Operating Supplies Senior Center Programs 10 Conference/Training Fleet Operating 10 Operating Supplies IT Operating 10 Operating Supplies Pool Operations 10 Operating Supplies Fire 10 Operating Supplies Fire 10 Operating Supplies Outdoor Center 10 Operating Supplies Special Events Admin 10 Operating Supplies New Adaptive 9 Operating Supplies IT Operating 9 Building Repair & Maint.Capital Maint. & Reinvestment 9 Operating Supplies Arts Center 9 Operating Supplies Pool Special Events 8 Operating Supplies Outdoor Center 8 Operating Supplies Arts Center 7 Travel Expense Utility Operations - General 7 Operating Supplies Safety Camp 6 Operating Supplies Pool Operations 5 Operating Supplies New Adaptive 5 Bank and Service Charges Customer Service 4 Operating Supplies Fire 4 Operating Supplies Theatre Initiative 4 Operating Supplies Wine Club/Events 3 Advertising Special Events Admin 0 Operating Supplies Fire -34 Clothing & Uniforms Senior Center Admin -49 Operating Supplies Fitness Admin. -55 Deposits General Fund -58 Office Supplies Utility Operations - General -65 Small Tools Facilities Staff -182 Employee Award Internal Events -228 Repair & Maint. Supplies Facilities Staff -228 Repair & Maint. Supplies Facilities Staff -450 Tuition Reimbursement/School Police Sworn 91,530 Report Total CITY COUNCIL AGENDA SECTION: Ordinances and Resolutions DATE: June 13, 2023 DEPARTMENT / DIVISION: Matt Sackett Police Department ITEM DESCRIPTION: First Reading of Ordinance Amending City Code Chapter 4 Relating to Licensing and Regulation of Alcoholic Beverages ITEM NO.: XI.A. Requested Action Move to: Approve the First Reading of the Ordinance Amending City Code Chapter 4 Relating to Licensing and Regulation of Alcoholic Beverages Synopsis Chapter 4 of the Eden Prairie City Code contains the City’s regulations and licensing requirements relating to alcoholic beverages. Chapter 4 has not undergone a wholesale update for many years, and currently contains several provisions that are outdated or not in compliance with state law. The attached ordinance amends Chapter 4 in its entirety. The amended chapter now references and incorporates many definitions, provisions, and requirements of state law, which will allow the City to quickly implement liquor law amendments that may be adopted by the legislature. The ordinance also adopts similar administrative licensing processes and requirements that are used in other City licensing sections found in Chapter 5. This will allow for ease of administration by City staff and clarity for applicants. While the amendment brings certain requirements of Chapter 4 in line with both state law and the practices of surrounding communities, it retains most of Chapter 4’s existing substantive licensing requirements, conditions, and penalties. Attachment Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. _______-2023 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 4 RELATING TO LICENSING AND REGULATION OF ALCOHOLIC BEVERAGES; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 WHICH AMONG OTHER THINGS CONTAINS PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. City Code Chapter 4 is amended by deleting the Chapter in its entirety and replacing it with the following: CHAPTER 4 ALCOHOLIC BEVERAGE LICENSING AND REGULATION SECTION 4.01. ADOPTION OF STATE LAW. The provisions of Minnesota Statutes Chapter 340A, as it may be amended from time to time, are adopted and made a part of this chapter as if fully set out herein, except as hereinafter modified. Where there is an inconsistency between the provisions of Minnesota Statutes Chapter 340A and the provisions of this chapter, the more restrictive governs. SECTION 4.02. DEFINITIONS. As used in this chapter, unless otherwise stated in specific sections, the following words and terms have the meanings stated. The definitions contained in Minn. Stat. § 340A.101 and City Code Section 5.01 govern any other terms used in this chapter but not defined in this section. Brewer Taproom is a brewer licensed under Minn. Stat. § 340A.301, Subd. 6, clause (c), (i), or (j) who also holds a retail license to sell on-sale malt liquor produced by the brewer for consumption on the premises of or adjacent to a brewery location owned by the brewer. Cocktail Room is an establishment on the premises of or adjacent to one distillery location owned by a distiller for the on-sale of distilled liquor produced by the distiller. Growler is malt liquor sold off-sale by a small brewer or brew pub, which has been produced and packaged by the brewer in 64-ounce containers commonly known as growlers or in seven hundred fifty (750) milliliter bottles. Guest means a person not a member of a club licensee but present on the club licensed premises in the company of a host member. Host Member means a member of a club licensee who is entertaining a guest who is in the member's company at all times such guest is on the club licensed premises. Member means any person in good standing according to rules and regulations of a licensed club, wherever located, having evidence of current membership upon their person. Restaurant is an establishment, other than a hotel, under the control of a single proprietor or manager, where meals are regularly prepared on the premises and served at tables to the general public and having a seating capacity for a minimum of one hundred fifty (150) guests. Restaurant Bowling Center means a restaurant where the primary business is bowling, other family recreational activities and equipment sales including, but not limited to, bowling, arcade games, and billiards; and where food, beverage, and vending sales are offered and served. A restaurant bowling center must have a minimum of forty (40) lanes of bowling available and a minimum of fifty percent (50%) of the restaurant bowling center's square footage dedicated to bowling, which includes, but is not limited to, the bowling lanes, approach to the bowling lanes, settee area, mechanical area for pin machines, locker area for bowling balls, counter space for bowling business transactions, and the bowling pro shop. Restaurant Movie Theater is an establishment that is both a restaurant and a movie theater in which movies or motion pictures are shown. Small Brewer is a brewer licensed under section Minn. Stat. § 340A.301, Subd. 6, clause (c), (i), or (j) who also holds a retail license to sell off-sale malt liquor at its licensed premises which has been produced and packaged by the brewer. SECTION 4.03. LICENSE REQUIRED. Subd. 1. Except as provided in Minnesota Statutes Chapter 340A, it is unlawful for any person to directly or indirectly, on any pretense or by any device, sell, barter, keep for sale, charge for possession, or otherwise dispose of alcoholic beverages as part of a commercial transaction without having obtained the license or permit authorized by this chapter and/or Minnesota Statutes Chapter 340A. Subd. 2. The licenses permitted under this chapter are as follows: A. 3.2% Malt Liquor B. Temporary 3.2% Malt Liquor C. Brewer Taproom and Small Brewer D. Brew Pub On-Sale and Off-Sale E. Cocktail Room and Microdistillery Off-Sale F. On-Sale Intoxicating Liquor G. Temporary On-Sale Intoxicating Liquor H. On-Sale Wine I. Temporary On-Sale Wine J. Sports or Convention or Community Festival SECTION 4.04. EXCEPTIONS. No license or permit under this chapter is required, and this chapter does not apply, to the following: A. Possession or handling for sale or otherwise of sacramental wine or to any representative of any religious order or for use in connection with a religious ceremony. B. Potable liquors that are prescribed by licensed physicians and dentists for therapeutic purposes. C. Industrial alcohol and its compounds not prepared or used for beverage purposes. D. Sales by manufacturers to wholesalers licensed by the State of Minnesota and sales by wholesalers to persons holding licenses issued by the City under this chapter. SECTION 4.05. INELIGIBILITY. Subd. 1. The Council may in its sole discretion, for any reasonable cause, refuse to grant any application for a license or license renewal under this chapter. Subd. 2. The Council may issue the number of licenses authorized by Minn. Stat. § 340A.413 or may, by resolution, restrict such number from time to time as it deems proper, in its discretion. Subd. 3. No license will be issued under this chapter to: A. A person under twenty-one (21) years of age. B. A person who within five (5) years of the license application has been convicted of any willful violation of a federal or state law or local ordinance governing the manufacture, sale, distribution, or possession for sale or distribution of alcoholic beverages or any felony. C. A person who has an interest in, or has persons investing in, the business, building, premises, fixtures, furniture, or equipment of the proposed licensee that had an interest in, as an individual or as part of a firm, association, partnership, corporation, limited liability company, or joint venture, an alcoholic beverage license that was revoked or suspended within the last five (5) years of the date the application is submitted to the City. D. A person who has a direct or indirect interest in a manufacturer, brewer, or wholesaler, except to a microdistillery, brew pub, brewer taproom, or small brewer. E. Except for temporary licenses, any building within three hundred (300) feet of any elementary or secondary school building or within one hundred (100) feet of any church building, as measured from the main entrance of each building. F. For operation on any premises upon which taxes, assessments, or installments thereof are owed by the applicant and are delinquent and unpaid, unless the following apply: 1. The delinquent and unpaid taxes, assessments, or installments thereof are the subject of an agreement between the taxpayer and the Hennepin County Treasurer that provides for the payment of the delinquent and unpaid taxes, assessments, or installments, together with any penalty and interest thereon in twelve (12) equal monthly payments commencing on or before the date the license is granted, and further provides that any unpaid amount, together with any additional penalty and interest will be paid on or before the date of the payment of the last installment, and 2. The applicant enters into an agreement with the City affirming that noncompliance with the terms of the agreement with the Hennepin County Treasurer is sufficient grounds to suspend or revoke the license. For the purpose of this subsection, “applicant” includes persons and related persons owning, directly or indirectly, (1) at least a fifty percent (50%) beneficial interest in the proposed licensee or in an entity owning such interest in the proposed licensee or in the entity making the application and (2) at least an undivided one-half interest in the premises proposed to be licensed or at least a fifty percent (50%) beneficial interest in the entity owning such premises. G. Any premises that is owned or leased by any person who is otherwise prohibited from obtaining a license under this chapter. Subd. 4. Limitation on Ownership. No person may be granted a license at more than two (2) locations in the City. For the purpose of this subdivision, any person owning an interest of five percent (5%) or more of the entity to which the license is issued, or such ownership by a member of their immediate family, will be deemed to be a licensee. SECTION 4.06. LICENSE APPLICATIONS. Subd. 1. Application. All applications for licenses issued under this chapter must be made on forms supplied by the City and/or by the State. All questions asked or information required by the application forms must be answered fully and completely by the applicant. A. Corporate/LLC Applicants and Licensees. An applicant that is a corporation or limited liability company (LLC), at the time of application, must furnish the City with a list of all persons that have an interest in such corporation or LLC and the extent of such interest. For a corporation, the list must name all shareholders holding more than five percent (5%) of all issued and outstanding stock of the corporation and show the number of shares held by each, either individually or beneficially for others. For an LLC, the list must name all members owning more than five (5%) of the membership interests of the LLC and show the percentage of membership interests held by each, either individually or beneficially for others. It is the duty of each corporate or LLC licensee to notify the Licensing Technician in writing of any change in legal ownership or beneficial interest in such corporation or in such shares or in such LLC or its membership interests. Notice of such change must be given within ten (10) days of its occurrence. Any change in the ownership or beneficial interest in the shares or membership interests entitled to be voted at a meeting of the shareholders of a corporate licensee or the members of a LLC licensee, which results in the change of voting control of the company, will be deemed equivalent to a transfer of the license issued to the corporation or LLC. Upon request, the corporate licensee must allow the City at any reasonable time to examine the stock or membership transfer records and minute books of the company in order to verify and identify the shareholders or members. Any other licensee must allow the City upon request to examine its business records to the extent necessary to disclose the interest that persons other than the licensee have in the licensed business. B. Property Ownership and Leases. Each applicant for a license must provide, for the property on which the licensed business will operate, (1) such information as is requested by the City to establish the record owner of the property, and (2) copies of all leases currently in effect. C. Every application for the issuance or renewal of a license for the sale of alcoholic beverages must include a copy of each summons received by the applicant under Minn. Stat. § 340A.802 during the preceding year. Subd. 2. False Statements. It is unlawful for any applicant to intentionally make a false statement or omission on any application. Any false statement in such application or any willful omission to state any information called for on such application will, upon discovery of such falsehood, be grounds for denial or, if already issued, for revocation or nonrenewal of the license. Subd. 3. Application, Investigation, and License Fees. A. Application and Investigation Fee. At the time of the initial application, applicants for on-sale liquor licenses, malt liquor licenses, on-sale wine licenses, cocktail room licenses, brewer taproom licenses and on-sale brew pub licenses must pay a fee to the City which will be considered an application and investigation fee, not refundable to applicant, to cover the costs of the City in processing the application and the investigation of the application. No such fee is required of an applicant for any temporary license, a microdistillery off-sale license, a small brewer license, or an off-sale brew pub license. An application will not be deemed complete until the application and investigation fee has been paid. B. License Fee. Upon approval of an application, whether initial or renewal, the license will not be effective until a separate license fee is paid. The license fee is not refundable except as provided in subsection D of this subdivision 3. If the license issued is for less than a full year, the license fee will be prorated based on the date of issuance of the license. C. All application, investigation, and licensee fees provided for in this subdivision will be fixed and determined by the Council and may, from time to time, be amended by the Council. As required by Minn. Stat. § 340A.408, subd. 3a, any increase in license fees for 3.2% malt liquor and on-sale intoxicating liquor will be preceded by notice and a public hearing. Notice of the proposed increase will be mailed to all affected licensees at least 30 days before the date set for the public hearing. D. License Fee Refund in Certain Cases. A pro-rata share of an annual license fee for a license issued under this chapter will be refunded to the licensee or to the licensee’s estate only under the following circumstances: (i) the business permanently ceases to operate because of destruction or damage, (ii) the licensee dies, (iii) the business ceases to be lawful for a reason other than a license revocation, or (iv) the licensee ceases to carry on the licensed business. Under any of these circumstances, the license will automatically expire. Subd. 4. Manager or Agent. If the applicant is an individual who is a non-resident of the City, more than one individual whether or not they are residents of the City, or a firm, association, partnership, corporation, limited liability company, or joint venture, the applicant must include the name of the natural person who will serve as the manager or agent of the licensed premises. Such manager or agent must, by the terms of their written consent, (1) take full responsibility for the conduct of the licensed premises and (2) serve as agent for service of notices and other process relating to the license. Such manager or agent must be a person who could qualify individually as a licensee. A licensee must notify the City in writing within 15 days of any change in such manager or agent, indicating the name and address of the new manager or agent and the effective date of such change. Failure of the licensee to provide this notice will be grounds for revocation, suspension, or nonrenewal of the license. Subd. 5. Investigation. The City is empowered to conduct any and all investigations to verify the information on applications and renewal applications submitted under this chapter, including but not limited to ordering a criminal history check pursuant to Minn. Stat. § 299C.72 and conducting an inspection of any premises proposed to be licensed. Failure of an applicant to allow an inspection is grounds for denial or nonrenewal of the license. Subd. 6. Consideration and Issuance. After the information on the application has been verified as correct by the City pursuant to subdivision 5 above, an initial application for a license under this chapter will be presented to the City Council for issuance or denial. A. Issuance. Upon the City Council’s approval of an application and the applicant’s payment of the license fee, the Licensing Technician will issue and mail a license to the applicant at the address noted in the application. B. Denial. The City Council may deny a license on the grounds set forth in Section 4.05, and/or on the same grounds for which a license may be suspended or revoked as set forth in Section 4.09. A denial of an application will be communicated to the applicant in writing, including findings supporting the decision. The notice of denial will be mailed by regular mail to the applicant at the address listed on the application. C. Conditional Licenses. The Council may place such conditions and restrictions upon any license as it deems reasonable and justified, in its sole discretion. Every license is granted subject to the provisions of this chapter and all other laws relating to the operation of the licensee’s business. D. If a separate or additional license is required under federal or state law for the licensee’s business, no license issued under this chapter will be valid until such separate license is issued. E. A license is valid only at one (1) location and on the premises described in the license. Subd. 7. Term of License. Licenses issued under this chapter will expire on December 31 of each year. The Council may approve an application for the period of the remainder of the then-current license year and/or for the entire ensuing license year. Subd. 8. License Renewal. Applications for renewal of all licenses under this chapter must be made at least sixty (60) days prior to the date of expiration of the license and must contain such information as is required by the City. This renewal deadline may be waived by the Council for good and sufficient cause. Consideration and issuance of a renewal application will follow the procedure provided in subdivision 6. Subd. 9. Change of Information. A licensee must notify the City within thirty (30) days of a change in the information or facts required to be furnished on the application for a license, even after the license has been issued. Failure to comply with this subdivision is cause for suspension, revocation, or nonrenewal of the license. SECTION 4.07. FINANCIAL RESPONSIBILITY OF APPLICANTS AND LICENSEES. Subd. 1. Proof. No alcoholic beverage license will be issued, maintained, or renewed unless and until the applicant has provided proof of financial responsibility imposed by Minn. Stat. § 340A.409, by filing with the City: A. A certificate that there is in effect for the license period an insurance policy or pool providing minimum coverages of: 1. $50,000 because of bodily injury to any one (1) person in any one (1) occurrence, and $100,000 because of bodily injury to two (2) or more persons in any one (1) occurrence, and in the amount of $10,000 because of injury to or destruction of property of others in any one (1) occurrence; 2. $50,000 for loss of means of support of any one (1) person in any one (1) occurrence and $100,000 for loss of means of support of two (2) or more persons in any one (1) occurrence, $50,000 for other pecuniary loss of any one (1) person in any one (1) occurrence; and 3. An annual aggregate policy limit for dram shop liability of not less than $310,000 per policy year or such higher amount as specified by state statute. B. A bond of a surety company with minimum coverages as provided in subsection A of this section; or C. A certificate of the Minnesota Commissioner of Management and Budget that the licensee has deposited with the commissioner $100,000 in cash or securities which may legally be purchased by savings banks or for trust funds having a market value of $100,000. D. The coverage amounts listed in this subdivision are minimum requirements. If Minn. Stat. § 340A.409 is amended to require higher minimum coverage amounts, such higher amounts will apply. Subd. 2. Exemption. This section does not apply to licensees identified in Minn. Stat. § 340A.409, Subd. 4. An applicant seeking to use this exemption must, prior to issuance of a license, provide to the City a copy of the affidavit required by statute. Subd. 3. The liability insurance policy, bond, or certificate of the commissioner required above must provide that it may not be canceled for: A. Any cause, except for nonpayment of premium, by the licensee, the insurance company, bond company, or commissioner without first giving sixty (60) days’ notice in writing to the licensee of intent to cancel the policy; and B. Nonpayment of premium unless the canceling party has first given ten (10) days’ notice in writing to the licensee of intent to cancel the policy. The policy must also provide that, in the event of cancellation, the insurer will send notice to the City at the same time that a cancellation request is received from or a notice is sent to the licensee. Such notice must be addressed to the Licensing Technician. Subd. 4. Documents Submitted to Commission. All proofs of financial responsibility and exemption affidavits filed with the City under this section will be submitted by the City to the Minnesota Commissioner of Public Safety. SECTION 4.08. CONDITIONS, RESTRICTIONS, AND REGULATIONS. Subd. 1. Applicable Law. A license is subject to the conditions, restrictions, and regulations in this chapter, all other provisions of City Code, and all provisions of other applicable federal, state, and local laws, regulations, and ordinances. Subd. 2. Duplicate Licenses. Duplicates of all original licenses under this chapter may be issued by the Licensing Technician without action by the Council. Subd. 3. Posting. A license must be posted in a conspicuous place in the premises for which it is issued and must be exhibited to any person upon request. Subd. 4. Premises Licensed. Unless expressly stated in the license, a license issued under this chapter is valid only in the compact and contiguous space situated on the premises described in the license; and all transactions relating to a sale under such license must take place within such space, except that in the case of a restaurant licensed on-sale and located on a golf course, “licensed premises” means the entire golf course except for areas where motor vehicles are regularly parked or operated. Subd. 5. Principal Part of Business. A. Restaurant. A restaurant licensed under this chapter, including a brew pub, must be conducted in such manner that the principal part of the business for a license year is the serving of food. For restaurants, “principal part” means forty percent (40%) or more of the gross receipts. B. Hotel. A hotel licensed under this chapter must be conducted in such manner that, in relation to that part of the total business attributable to or derived from the serving of food and alcoholic beverages, the principal part of the business for a license year is the serving of food. For hotels, “principal part” means forty percent (40%) or more of the gross receipts. C. Restaurant Bowling Center. A restaurant bowling center licensed under this chapter must be conducted in such manner that the principal part of the business for a license year is composed of food, beverage, vending machine sales, bowling activity and other recreational activities and sales including, but not limited to, bowling, bowling equipment, arcade games, and billiards. For restaurant bowling centers, “principal part” means seventy percent (70%) or more of gross receipts. D. Restaurant Movie Theater. A restaurant movie theater licensed under this chapter must be conducted in such manner that the principal part of the business for a license year is the serving of food and the sale of movie tickets. For restaurant movie theaters, “principal part” means seventy percent (70%) or more of the gross receipts. Subd. 6. Premises Subject to Inspection. All premises licensed under this chapter must at all times be open to inspection by any police officer, building inspector, or any properly designated officer or employee of the City or the State to determine whether or not this chapter and all other laws are being observed. If such officers are denied free access or are hindered or interfered with in making an inspection, the licensee is subject to suspension, revocation, or nonrenewal as provided in Section 4.09. Subd. 7. Conduct on Licensed Premises. Every licensee under this chapter is responsible for the conduct of the licensed place of business and must maintain conditions of sobriety and order therein. Subd. 8. Transfer. No license is transferable between persons or location without the consent of the Council. Subd. 9. Termination. Licenses will terminate upon expiration or revocation. Subd. 10. Amendment of Licensed Premises. A holder of an on-sale intoxicating liquor license may apply to the Licensing Technician for a temporary amendment of the licensed premises, at least sixty (60) days in advance, for any event at which the licensee proposes to amend the licensed premises to provide for service of alcoholic beverages in a compact and contiguous area not included in the original license application (the “temporary premises”). Included in that application, the licensee must submit a site plan depicting the temporary premises from which alcoholic beverages are to be dispensed and consumed, the maximum anticipated number of guests attending the event, and the total occupancy load for the temporary premises. The application must include evidence of insurance for the temporary premises and payment of the temporary amendment processing fee set forth in the City Fee Resolution. A security plan and parking, pedestrian circulation, and traffic directional plan approved by the Chief of Police or their designee and a fire safety plan approved by the Fire Chief or their designee may also be required, as deemed necessary by the City. The City Council will consider all such amendments to the licensed premises using the following criteria: A. The temporary premises must be immediately adjacent to the licensed premises; B. The temporary premises must be used in connection with a special event no longer than three (3) days in duration; C. No more than three (3) temporary amendments per year will be allowed for a licensee at one (1) establishment, and a temporary license issued to a non-profit, charitable, religious, or political organization that contracts with the licensee for provision of service will be counted as part of this total; D. Adequate measures must be taken to control access to the temporary premises to ensure that alcoholic beverages will not be furnished in violation of state law or this City Code to persons under the age of twenty-one (21) years or obviously intoxicated persons, and to ensure that alcoholic beverages will not be carried outside of the licensed premises or the temporary premises; E. Adequate measures must be taken to ensure that there will not be a violation of the City’s noise ordinance; F. The use of the temporary premises must not decrease available parking below that required for the licensed premises by Chapter 11; G. The use of the temporary premises must not unreasonably impede traffic circulation; H. The licensee has obtained adequate liability insurance for the temporary premises; and I. The issuance of the temporary amendment must not be adverse to the public health, safety, and welfare. Subd. 11. It is unlawful for any: A. Club or any business establishment to allow the consumption or display of liquor or the serving of any liquid for the purposes of mixing liquor therewith, unless duly licensed under the provisions of this chapter. B. Licensee to permit anyone under the age of twenty-one (21) years to consume alcoholic beverages on the licensed premises. C. Licensee to fail, where doubt could exist, to require adequate proof of age of a person upon the licensed premises for the purpose of consuming, purchasing, or procuring alcoholic beverages. Such proof of age may be established only as set forth in Minn. Stat. § 340A.503, Subd. 6. D. Licensee to hinder or prevent an inspection as provided in subdivision 6 to determine whether or not the provisions of this chapter and all laws are being observed. E. Licensee to sell alcoholic beverages on any day or at any time when such sales are not permitted by law. F. Licensee to permit consumption of alcoholic beverages on the licensed premises more than twenty (20) minutes after the hour when a sale thereof can legally be made. G. On-sale licensee to permit any glass, bottle or other container containing an alcoholic beverage in any quantity, to remain upon any table, bar stool, or other place where customers are served, more than twenty (20) minutes after the hour when a sale thereof can legally be made. H. Licensee to permit any gambling or gambling device upon the licensed premises except such as are licensed by the State of Minnesota. I. Licensee to sell alcoholic beverages to any person who is obviously intoxicated. J. Licensee to sell, offer for sale, or keep for sale, alcoholic beverages in any original package which has been refilled or partly refilled, except for the off-sale of malt liquor by a brew pub or small brewer as permitted by this chapter. K. On-sale licensee to display alcoholic beverages to the public during hours when sale of these beverages is prohibited. L. Licensee to employ, hire, allow or permit any person to dance or perform, or remain in or upon the licensed premises while such person is unclothed or in such attire, costume or clothing as to expose to view any portion of the breast below the top of the areola, or any of any portion of the pubic hair, anus, cleft of the buttocks, or genitals. Subd. 12. Club Licensee Restrictions. The following are in addition to all other unlawful acts set forth in this chapter relating to sales and purchases of alcoholic beverages. It is unlawful for any: A. Club licensee to sell alcoholic beverages to any person not a member of the licensed club. B. Club licensee to serve alcoholic beverages to any non-member of the licensed club unless such non-member is a guest. C. Person who is not a member of the licensed club to purchase alcoholic beverages from the club. D. Person to refuse, upon request of the licensee or police officer, to provide information as to whether they are a member, guest, or host member or to give false, fraudulent, or misleading information in response to such request. Subd. 13. Restaurant Movie Theater Licensee Requirements and Restrictions. A. Requirements. The following are in addition to all other requirements set forth in this chapter. Every restaurant movie theater must: 1. Be under the control and ownership of a single person. No part of the restaurant or the movie theater, including but not limited to the property, equipment, and operations, may be owned or controlled by separate persons. 2. Consist of one (1) stand-alone structure containing a minimum of seventy thousand (70,000) square feet. 3. Have a minimum of fifty (50) tables, each with a table top containing a minimum of four hundred thirty-three (433) square inches. The tables must be permanently attached to the floor and the seats must be permanently attached to the floor or the table. The tables must be divided proportionately between the movie screening rooms in which alcoholic beverages are allowed. 4. Appoint a manager pursuant to Section 4.06, Subdivision 4, which manager must manage both the restaurant and the movie theater. B. Unlawful Acts. The following are in addition to all other unlawful acts set forth in this chapter. It is unlawful for any restaurant movie theater licensee to: 1. Offer any discounts or happy hours. 2. Allow any alcoholic beverage in any movie screening room where there are no tables. 3. Offer or sell wine or distilled spirits by the bottle. 4. Offer or sell wine in any amount exceeding eight (8) fluid ounces per serving. 5. Offer or sell distilled spirits in any amount exceeding three (3) fluid ounces per serving. 6. Offer or sell malt liquor in any amount exceeding twenty-four (24) fluid ounces per serving. 7. Offer or sell any alcoholic beverages containing more than fifty percent (50%) alcohol by volume. 8. Offer or sell any alcoholic beverage not in the original packaging without using a measuring device. 9. Offer or sell any more than two (2) alcoholic beverages to one (1) person in the same sale transaction. SECTION 4.09. CIVIL PENALTIES, SUSPENSION, AND REVOCATION. Subd. 1. Grounds for Civil Penalties, Suspension, or Revocation. The City may impose civil penalties and suspend or revoke a license granted pursuant to this chapter. The following are grounds for suspension or revocation of a license: A. Fraud, misrepresentation, or false statement contained in a license application or a renewal application. B. Fraud, misrepresentation, or false statement made in the course of carrying on the licensed business. C. The sale of alcoholic beverages to another retail licensee for the purpose of resale. D. The purchase of alcoholic beverages from another retail licensee for the purpose of resale. E. Conducting or permitting the conduct of gambling on the licensed premises in violation of the law. F. Failure to remove or dispose of alcoholic beverages when ordered to do so by the commissioner under Minn. Stat. § 340A.508, subdivision 3. G. Failure to comply with any applicable statute, regulation, or ordinance, including this chapter, relating to alcoholic beverages or the operation of the licensed premises. H. Failure to comply with any license condition imposed by the City. I. Failure to pay the amount of any penalty imposed within thirty (30) days after notice in writing from the City of the decision to impose a penalty. Subd. 2. Sanctions. Upon a finding of a violation of any of the grounds listed in Subdivision 1, the Council may revoke the license, suspend the license for a period not to exceed sixty (60) days, or impose a civil penalty of up to $2,000.00 for each violation, or impose any combination of these sanctions. The civil penalty, suspension, or revocation imposed pursuant to this section will be based on the licensee’s total number of violations at the specific location at which the violation occurred within the preceding 24-month period as follows: First Violation: $500 Second Violation: $1,000 Third Violation: $1,500, plus two-day suspension of license Fourth Violation: $2,000, plus a suspension of not less than 5 days nor more than 60 days or revocation as determined by the City Council. Payment of the civil penalty must be made within thirty (30) days of issuance of the notice referred to in Subdivision 3. A suspension for a third violation under this section must be served for consecutive days starting on the first Monday following the later of the expiration of the time to request a hearing under Subdivision 3, if a hearing is not requested, or, if a hearing has been timely requested, the date a decision is rendered pursuant to Subdivision 3.B.1.b that a violation occurred. A suspension for a fourth violation under this section must be served in the manner and at such time as decided by the City Council. Subd. 3. Procedure. The following process will apply to violations described in this section. A. Notice. Upon discovery of a suspected violation of this section, the Chief of Police or their designee will issue a violation notice to the licensee that sets forth the nature of the violation(s) or grounds for the civil penalty, suspension, or revocation and must inform the licensee of the licensee’s right to request in writing a hearing within ten (10) days of the date contained in the notice to dispute the penalty, suspension, or revocation. The notice will be mailed by regular mail to the licensee at the most recent address listed on the license application. The licensee must either pay the scheduled fine or request a hearing under Subdivision 3.B. of this section. If a written hearing request is not received by the City within ten (10) days of the date contained in the notice, the licensee’s right to a hearing will be deemed waived. Payment of the fine constitutes admission of the violation. B. Hearing. If a hearing is requested, the Chief of Police or their designee will provide written notice to the licensee of the date, time, and place of the hearing. The hearing must be held within forty- five (45) days of the date that the City received the written hearing request from the licensee. The notice of the hearing must be served in the same manner as the initial notice. The notice must be served no less than fifteen (15) days and no more than thirty (30) days prior to the hearing. 1. First, Second, or Third Violation. a. If the hearing notice is for a first, second, or third violation, the hearing will be held by an impartial hearing officer appointed by the Chief of Police or their designee. Upon conclusion of the hearing, the hearing officer must, within ten (10) days, make their recommendation to the City Manager in writing. If the hearing officer’s recommendation is denial of a renewal application or suspension of the license, they must include in the written recommendation findings and conclusions supporting the decision. b. Within thirty (30) days of receipt of the hearing officer’s written recommendation, the City Manager will make a decision on whether the license will be denied renewal, the penalty imposed, or the license suspended. The City Manager must inform the licensee in writing of the decision, including findings and conclusions supporting the decision, within ten (10) days. c. No appeal is allowed to the City Council under Section 2.80 of the City Code from a decision of the City Manager under this Section. The City Council may, on its own motion, determine to review the decision of the City Manager. 2. Fourth Violation. If the hearing notice is for a fourth violation, the hearing will be held before the City Council. The Council will make a written decision on the penalty to be imposed within forty-five (45) days of the date of the hearing. The written decision will include findings and conclusions supporting the decision and a copy will be promptly provided to the licensee. Subd. 4. Continued Violation. Each violation, and every day in which a violation occurs or continues, will constitute a separate offense. Subd. 5. Late Payment. A late payment fee of ten percent (10%) of the penalty will be assessed for each thirty (30) day period in which a penalty remains unpaid after the due date. Subd. 6. Criminal Prosecution. Nothing in this section will prohibit the City from seeking criminal prosecution for any violation of this section that also constitutes a crime under state law. Such prosecution may be in addition to an administrative penalty under this section. SECTION 4.10. TYPES OF LICENSES. Subd. 1. 3.2% Malt Liquor License. A. Off-sale 3.2% malt liquor licenses may be issued as permitted by Minn. Stat. § 340A.403, subd. 1. B. On-sale 3.2% malt liquor licenses may be issued to drugstores, restaurants, hotels, clubs, bowling centers, golf courses, and establishments used exclusively for the sale of 3.2% malt liquor with the incidental sale of tobacco and soft drinks, as permitted by Minn. Stat. § 340A.403, subd. 1 and Minn. Stat. § 340A.411. Subd. 2. Temporary 3.2% Malt Liquor License. A. A club or charitable, religious, or non-profit organization may apply for a temporary on-sale 3.2% malt liquor license for serving 3.2% malt liquor. A temporary 3.2% malt liquor license may be issued for any location in the City that meets the requirements of this chapter, including on school grounds and in school buildings. B. No organization may be issued more than three four-day, four three-day, six two-day, or 12 one- day temporary 3.2% malt liquor licenses, in any combination not to exceed twelve (12) days per year for any one (1) location, within a 12-month period. Subd. 3. Brewer Taproom and Small Brewer License. A. Brewer taproom licenses may be issued in accordance with and subject to the requirements of Minn. Stat. § 340A.26. B. A small brewer off-sale license may be issued in accordance with and subject to the requirements of Minn. Stat. §§ 340A.28, 340A.285, and 340A.29. Subd. 4. Brew Pub On-Sale and Off-Sale License. A. A brew pub may apply for an on-sale intoxicating liquor, on-sale wine, or 3.2% malt liquor brew pub license for a restaurant operated in the place of manufacture. On-sale brew pub licenses are subject to all conditions and restrictions contained in Minn. Stat. § 340A.24. B. A brew pub that holds an on-sale brew pub license may apply for an off-sale brew pub license for the sale of malt liquor produced and packaged at the licensed premises. Off-sale brew pub licenses are subject to all conditions and restrictions contained in Minn. Stat. §§ 340A.24 and 340A.285. Subd. 5. Cocktail Room and Microdistillery Off-Sale License. A. A microdistillery may apply for a cocktail room license for the on-sale of distilled spirits. Cocktail room licenses are subject to all conditions and restrictions contained in Minn. Stat. § 340A.22. B. A microdistillery may apply for a microdistillery off-sale license for the off-sale of distilled spirits. Microdistillery off-sale licenses are subject to all conditions and restrictions contained in Minn. Stat. § 340A.22. Subd. 6. On-Sale Intoxicating Liquor License. An applicant may apply for an on-sale intoxicating liquor license for a hotel, restaurant, restaurant movie theater, restaurant bowling center, or club. Subd. 7. Temporary On-Sale Intoxicating Liquor License. A. A club, charitable, religious, or other non-profit organization in existence for at least three (3) years, a political committee registered under Minn. Stat. § 10A.14, or a state university may apply for a temporary on-sale intoxicating liquor license in accordance with and subject to the requirements of Minn. Stat. §§ 340A.404, subd. 10 and 340A.410, subd. 10. B. A small brewer or microdistillery may apply for a temporary on-sale intoxicating liquor license in accordance with and subject to the requirements of Minn. Stat. §§ 340A.404, subd. 10(c) and 340A.410, subd. 10. Subd. 8. On-Sale Wine License. A. An applicant may apply for an on-sale wine license for a restaurant, restaurant bowling center, or restaurant movie theater that has appropriate facilities for seating not less than fifty (50) guests at one (1) time in accordance with and subject to the requirements of Minn. Stat. § 340A.404, subd. 5. B. The holder of an on-sale wine license may sell wine on all days of the week. C. The holder of an on-sale wine license who also holds an on-sale 3.2% malt liquor license may sell malt liquor containing in excess of 3.2% of alcohol by weight at on-sale without an additional license. Subd. 9. Temporary On-Sale Wine. A club, charitable, religious, or other non-profit organization in existence for at least three (3) years, a political committee registered under Minn. Stat. § 10A.14, or a state university may apply for a temporary on-sale wine license in accordance with and subject to the requirements of Minn. Stat. §§ 340A.404, subd. 10 and 340A.410, subd. 10. Subd. 10. Sports or Convention and Community Festival Authorization. A. The Council may authorize any holder of an on-sale intoxicating liquor license issued by the City or by an adjacent municipality to dispense intoxicating liquor at any convention, banquet, conference, meeting, or social affair conducted on the premises of a sports, convention, or cultural facility owned by the City, in accordance with and subject to the requirements of Minn. Stat. § 340A.404, subd. 4(a). B. The Council may authorize a holder of an on-sale intoxicating liquor license issued by the City to dispense intoxicating liquor off premises at a community festival held within the City, in accordance with and subject to the requirements of Minn. Stat. § 340A.404, subd. 4(b). SECTION 4.11. MUNICIPAL LIQUOR STORE. Subd. 1.Establishment. A municipal liquor store is hereby established to be operated within the City for the off-sale and on-sale of intoxicating liquor. The municipal liquor store will be at such place or places as the Council may determine from time-to-time and may be either leased or owned by the City. Subd. 2. Liquor Fund. A liquor fund is hereby created into which all revenues received from the operation of the municipal liquor store will be paid and from which all operating expenses will be paid. Any surplus accumulating in this fund may, from time to time, be transferred to the general fund by resolution of the Council and expended for any lawful municipal purpose. SECTION 4.12. DAYS AND HOURS OF SALES. Subd. 1. 3.2% Malt Liquor. Sale of 3.2% malt liquor may be made only during those hours permitted by Minn. Stat. § 340A.504, Subd. 1. Subd. 2. Intoxicating Liquor On-sale. On-sale of intoxicating liquor may be made only during those hours permitted by Minn. Stat. § 340A.504, Subd. 2. Subd. 3. Intoxicating Liquor Off-sale. Off-sale of intoxicating liquor, including off-sale by licensed microdistilleries, small brewers, and brew pubs as permitted by this chapter, may be made only during those hours permitted by Minn. Stat. § 340A.504, Subd. 4. Subd. 4. 2:00 a.m. The hours during which alcoholic beverages may be sold are extended to 2:00 a.m. for licensees who obtain a permit from the Commissioner of Public Safety pursuant to Minn. Stat. § 340A.504, Subd. 7. Subd. 5. Sunday On-sale. A. Brew pubs, hotels, restaurants, restaurant bowling centers, restaurant movie theaters, and clubs may apply for Sunday on-sale liquor licenses subject to, and for the hours set forth in, Minn. Stat. § 340A.504, Subd. 3. B. Brewer taprooms may apply for Sunday on-sale malt liquor licenses subject to Minn. Stat. § 340A.26 for the hours set forth in Minn. Stat. § 340A.504, Subd. 3 for other Sunday sales. C. Microdistillery cocktail rooms may apply for Sunday on-sale of distilled spirits licenses subject to Minn. Stat. § 340A.22 for the hours set forth in Minn. Stat. § 340A.504, Subd. 3 for other Sunday sales. SECTION 4.13. PURCHASE, POSSESSION, AND CONSUMPTION OF ALCOHOLIC BEVERAGES. Subd. 1. It is unlawful for any: A. Person under the age of twenty-one (21) years to consume any alcoholic beverage unless in the household of his or her parent or guardian and with the consent of the parent or guardian. B. Person under the age of twenty-one (21) years to possess any alcoholic beverage with the intent to consume it at a place other than the household of his or her parent or guardian. Possession at a place other than the household of the parent or guardian is prima facie evidence of intent to consume it at a place other than the household of the parent or guardian. C. Person under the age of twenty-one (21) years to purchase or attempt to purchase any alcoholic beverage, unless under the direction of a licensed peace officer for compliance and education purposes. D. Person under the age of twenty-one (21) years to enter an establishment licensed under this chapter for the purpose of purchasing or having served or delivered any alcoholic beverage. Persons under twenty-one (21) years may enter establishments licensed under this chapter in order to: consume meals; attend social functions that are held in a portion of the establishment where liquor is sold; and perform work for the establishment, except that persons under eighteen (18) years are prohibited from selling or serving any alcoholic beverage. E. Person under the age of twenty-one (21) years to claim to be twenty-one (21) years old or older for the purpose of purchasing alcoholic beverages. F. Person to induce a person under the age of twenty-one (21) years to purchase or procure any alcoholic beverage. G. Person to consume an alcoholic beverage on licensed premises more than twenty (20) minutes after the hour when a sale thereof can legally be made. H. Person to purchase alcoholic beverages on any day or during any hour when sales are not permitted by law. I. Person to sell, barter, furnish, or give alcoholic beverages to a person under twenty-one (21) years of age except that a parent or guardian of a person under twenty-one (21) years of age may give or furnish alcoholic beverages to that person solely for consumption in the household of the parent or guardian. SECTIONS 4.14−4.98. – RESERVED. SECTION 4.99. VIOLATION A MISDEMEANOR. Every person violates a section, subdivision, paragraph, or provision of this chapter when he or she performs an act thereby prohibited or declared unlawful or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof may be punished as for a misdemeanor except as otherwise stated in specific provisions hereof. Section 2. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” is hereby adopted in its entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 13th day of June, 2023, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the _____ day of _______________, 2023. ATTEST: _________________________________ _________________________________ Nicole Tingley, City Clerk Ronald A. Case, Mayor Published in the Sun Sailor on the ____ day of ______________, 2023. CITY COUNCIL AGENDA SECTION: Ordinances and Resolutions DATE June 13, 2023 DEPARTMENT / DIVISION Rick Getschow, City Manager ITEM DESCRIPTION First Reading of Ordinance Granting a Cable Franchise to Comcast ITEM NO. XI.B. Requested Action Move to: Approve the First Reading of the Ordinance Granting a Cable Franchise to Comcast Synopsis Effective August 1, 2012 each of the Southwest Suburban Cable Commission Member Cities granted a cable franchise to Comcast. The initial term of the franchise ran for ten (10) years and was extended by the Member Cities through January 31, 2023. In 2019 Comcast requested renewal of the franchise and the Cable Commission has since been engaged in informal renewal negotiations with Comcast to reach mutually acceptable terms for a renewal cable franchise. On May 24, 2023, the Cable Commission adopted a resolution recommending that the renewal cable franchise be adopted by each Member City. All five Member Cities are considering the renewal cable franchise simultaneously. Any proposed revisions from one of the cities may require the Cable Commission to seek agreement not only from Comcast but also from the other four Member Cities which may have already taken action to adopt the renewal cable franchise. This point is raised not to suggest that further revisions are impossible, but to emphasize the complexity of the approval process and the steps which must be undertaken to complete the approval process. Background The Southwest Suburban Cable Commission (“Cable Commission”) consists of the cities of Eden Prairie, Edina, Hopkins, Minnetonka and Richfield, Minnesota (“Member Cities”). The Cable Commission administers and enforces cable franchises on behalf of its member cities. Effective August 1, 2012 each of the Member Cities granted a cable franchise to Comcast. The initial term of the franchise ran for ten (10) years and was extended by the Member Cities through January 31, 2023. In 2019 Comcast requested renewal of the franchise and the Cable Commission has since been engaged in informal renewal negotiations with Comcast to reach mutually acceptable terms for a renewal cable franchise. In response to Comcast’s request for franchise renewal, the Cable Commission retained an outside consultant to conduct a needs assessment of the future cable-related needs and interests of the member cities for the next franchise term. The Cable Commission also prepared a draft renewal franchise which incorporated the findings of the needs assessment. Cable Commission Goals: 1. Ensure each city’s ROW Code is incorporated into the Renewal Franchise. 2. Retain ability to regulate noncable services provided by Comcast – broadband. 3. Ensure all local PEG (public, educational and governmental) access channels are provided in HD (high-definition). 4. Increase the level of capital support for PEG access channels. 5. Maintain the 5% franchise fee as consideration for use of the City’s ROW. 6. Maintain strong customer service standards. 7. Renew for a 10 year term. 8. Adopt enforcement procedures and security to ensure compliance. Negotiation Process: The final Needs Assessment Report and draft renewal franchise were sent to Comcast for review on July 5, 2022. The Commission and Comcast have exchanged draft documents and held multiple negotiation sessions to discuss the terms and conditions of the document in an effort to reach mutually acceptable language for the next cable franchise. On May 24, 2023, the Cable Commission adopted Resolution 2023-1 (copy attached) recommending that the renewal cable franchise be adopted by each Member City. All five Member Cities are considering the renewal cable franchise simultaneously. Any proposed revisions from one of the cities may require the Cable Commission to seek agreement not only from Comcast but also from the other four Member Cities which may have already taken action to adopt the renewal cable franchise. This point is raised not to suggest that further revisions are impossible, but to emphasize the complexity of the approval process and the steps which must be undertaken to complete the approval process. Final Results of Franchise Negotiations: Existing Franchise Renewal Franchise “Gross Revenue” definition Stronger definition 5% franchise fee Same % as Existing Franchise – federal law (maximum allowed) $.65/subscriber/month PEG Fee 1.5% of gross revenues 3 PEG Channels Same as Existing Franchise Option for 1 HD PEG channel All PEG channels will be provided in HD Complimentary cable service at certain public buildings Maintain status quo; however, FCC 621 Order adopted in 2019 allows Comcast to deduct “marginal costs” from franchise fees upon 120 days notice to Member City PEG Transport Maintain status quo and same comment as above regarding FCC 621 Order 10 year term 10 year term, effective February 1, 2023 Performance bond $100,000 per Member City Same as Existing Franchise Security fund $10,000 per Member City, upon violation notice $25,000 security fund per Member City Attachments Southwest Suburban Cable Commission Resolution Ordinance 1 8491450v2 RESOLUTION NO. 2023-1 RECOMMENDATION OF THE SOUTHWEST SUBURBAN CABLE COMMISSION REGARDING THE ADOPTION OF A CABLE FRANCHISE TO COMCAST OF MINNESOTA, INC. Recitals: 1. The Southwest Suburban Cable Commission (“Commission”) administers and enforces cable franchises pursuant to a joint powers agreement. 2. The Commission consists of the cities of Eden Prairie, Edina, Hopkins, Minnetonka and Richfield, Minnesota (“Member Cities”). 3. Comcast of Minnesota, Inc. (“Comcast”) currently operates a cable system in each of the Member Cities under cable television franchises with an effective date of August 1, 2012 (“Existing Franchises”). 4. In 2019 Comcast contacted each of the Member Cities seeking renewal of the Existing Franchises. 5. The Commission’s legal counsel, the law firm of Moss & Barnett, a Professional Association, assisted the Commission in conducting the franchise renewal process. 6. Extensive informal franchise renewal negotiations between Comcast and the Commission have been completed and a proposed Renewal Cable Television Franchise Ordinance (“Renewal Franchise”) has been finalized. 7. The Commission finds that the Renewal Franchise will benefit the Member Cities and will protect the rights and interests of residents and cable subscribers in each of the Member Cities. NOW THEREFORE, the Southwest Suburban Cable Commission hereby resolves as follows: 1. The attached May 18, 2023 Renewal Franchise will protect the Member Cities and its residents and cable subscribers regarding the provision of cable services by Comcast. 2. The Commission recommends that each Member City take action to adopt the Renewal Franchise. PASSED AND ADOPTED this 24th day of May, 2023. SOUTHWEST SUBURBAN CABLE COMMISSION By: ATTEST:Patty Latham, Chair By: Brian T. Grogan, Attorney for the Commission -82:1547Ā.7;36893Ā0-)Ā-%+$/#+(Ȁ"**%Ȁ$,'.Ȁ+/+"Ȁ%' !-/$- & (-7190436Ā.6:25782Ā/-)Ā -&%*%&&Ȁ%"'&Ȁ$!!,Ȁ*.+-Ȁ,.%$(+#*+(. 8516629v1 City of Eden Prairie, Minnesota Ordinance Granting a Cable Television Franchise to Comcast of Minnesota, Inc. June 1, 2023 i 8516629v1 TABLE OF CONTENTS SECTION 1 DEFINITIONS ....................................................................................................... 1 SECTION 2 FRANCHISE ......................................................................................................... 7 SECTION 3 OPERATION IN STREETS AND RIGHTS-OF-WAY ..................................... 10 SECTION 4 REMOVAL OR ABANDONMENT OF SYSTEM ............................................ 14 SECTION 5 SYSTEM DESIGN AND CAPACITY ............................................................... 15 SECTION 6 PROGRAMMING AND SERVICES ................................................................. 17 SECTION 7 PUBLIC, EDUCATIONAL AND GOVERNMENTAL ACCESS ..................... 20 SECTION 8 REGULATORY PROVISIONS .......................................................................... 26 SECTION 9 BOND .................................................................................................................. 27 SECTION 10 SECURITY FUND .............................................................................................. 27 SECTION 11 DEFAULT ........................................................................................................... 30 SECTION 12 FORECLOSURE AND RECEIVERSHIP .......................................................... 32 SECTION 13 REPORTING REQUIREMENTS ....................................................................... 33 SECTION 14 CUSTOMER SERVICE POLICIES ................................................................... 34 SECTION 15 SUBSCRIBER PRACTICES .............................................................................. 40 SECTION 16 COMPENSATION AND FINANCIAL PROVISIONS ..................................... 41 SECTION 17 MISCELLANEOUS PROVISIONS .................................................................... 44 EXHIBIT A COMPLIMENTARY SERVICE LOCATIONS ................................................ A-1 EXHIBIT B EXISTING PEG TRANSFPORT LOCATIONS ................................................B-1 EXHBIT C FRANCHISE FEE PAYMENT WORKSHEET .................................................C-1 EXHIBIT D SUMMARY OF ORDINANCE FOR PUBLICATION ..................................... D-1 1 8516629v1 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. ___-2023 AN ORDINANCE RENEWING THE GRANT OF A FRANCHISE TO COMCAST OF MINNESOTA, INC. TO OPERATE AND MAINTAIN A CABLE SYSTEM IN THE CITY OF EDEN PRAIRIE, MINNESOTA; SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF THE FRANCHISE; PROVIDING FOR CITY REGULATION AND ADMINISTRATION OF THE CABLE SYSTEM; AND TERMINATING ORDINANCE NO. 26-2012 RECITALS The City of Eden Prairie, Minnesota (“City”) pursuant to applicable federal and state law, is authorized to grant one or more nonexclusive cable television franchises to construct, operate, maintain, and reconstruct cable television systems within the City limits. Comcast of Minnesota, Inc. (“Grantee”) has operated a Cable System in the City, under a cable television franchise granted pursuant to Ordinance No. 26-2012. Negotiations between Grantee and the City have been completed and the franchise renewal process followed in accordance with the guidelines established by the City Code, Minnesota Statutes Chapter 238, and the Cable Act (47 U.S.C. § 546). The Franchise granted to Grantee by the City is nonexclusive and complies with existing applicable Minnesota Statutes, federal laws and regulations. The City has exercised its authority under Minnesota law to enter into a Joint and Cooperative Agreement with other cities authorized to grant cable communications franchises and has delegated certain authority to the Southwest Suburban Cable Communications Commission to make recommendations to the City regarding this Franchise and to be responsible for the ongoing administration and enforcement of this Franchise as herein provided. The City has determined that it is in the best interest of the City and its residents to renew the cable television franchise with Grantee. NOW, THEREFORE, THE CITY OF EDEN PRAIRIE, MINNESOTA DOES ORDAIN that a franchise is hereby granted to Comcast of Minnesota, Inc., to operate and maintain a Cable System in the City upon the following terms and conditions: SECTION 1 DEFINITIONS For the purpose of this Franchise, the following terms, phrases, words, derivations, and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the 2 8516629v1 singular number and words in the singular number include the plural number. In the event the meaning of any word or phrase not defined herein is uncertain, the definitions contained in applicable local, state, or federal law shall apply. 1.1 “Access Channels” means any channel or portion of a channel utilized for public, educational, or governmental programming. 1.2 “Affiliate” or “Affiliated Entity” means any Person who owns or controls, is owned or controlled by, or is under common ownership or control with, Grantee and its successors. 1.3 “Applicable Laws” means any law, statute, charter, ordinance, rule, regulation, code, license, certificate, franchise, permit, writ, ruling, award, executive order, directive, requirement, injunction (whether temporary, preliminary, or permanent), judgment, decree or other order issued, executed, entered or deemed applicable by any governmental authority of competent jurisdiction. 1.4 “Basic Cable Service” means any service tier which includes the lawful retransmission of local television broadcast. 1.5 “Cable Act” means the Cable Communications Policy Act of 1984, 47 U.S.C. §§ 521 et seq., as amended by the Cable Television Consumer Protection and Competition Act of 1992, as further amended by the Telecommunications Act of 1996, as further amended from time to time. 1.6 “Cable Service” means (a) the one-way transmission to Subscribers of (i) Video Programming or (ii) Other Programming Service, and b) Subscriber interaction, if any, which is required for the selection or use of such Video Programming or Other Programming Service. 1.7 “Cable System” or “System” means a facility, consisting of a set of closed transmission paths and associated signal generation, reception and control equipment which is designed to provide Cable Service that includes Video Programming, and which is provided to multiple Subscribers within a community, but such term does not include: (a) a facility that serves only to retransmit the television signals of one (1) or more television broadcast stations; (b) a facility that serves Subscribers without using any Streets; (c) a facility of a common carrier which is subject, in whole or in part, to the provisions of 47 U.S.C. § 201 et seq., except that such facility shall be considered a Cable System (other than for purposes of 47 U.S.C. § 541(c)) to the extent such facility is used in the transmission of Video Programming directly to Subscribers, unless the extent of such use is solely to provide interactive on-demand services; (d) an open video system that complies with 47 U.S.C. § 573; or 3 8516629v1 (e) any facilities of any electric utility used solely for operating its electric utility system. Unless otherwise specified, it shall in this document refer to the Grantee’s Cable System constructed and operated in the City under this Franchise. 1.8 “Channel” means a portion of the electromagnetic frequency spectrum which is used in a Cable System, and which is capable of delivering a television channel as defined by the FCC by regulation. 1.9 “City” means the City of Eden Prairie, a municipal corporation in the State of Minnesota. 1.10 “City Code” means the Municipal Code of the City of Eden Prairie, Minnesota, as may be amended from time to time. 1.11 “Commission” means the Southwest Suburban Cable Communications Commission consisting of the cities of Eden Prairie, Edina, Hopkins, Minnetonka and Richfield, Minnesota. 1.12 “Connection” means the attachment of the Drop to the television set of the Subscriber. 1.13 “Converter” means an electronic device, including digital transport adapters, which converts signals to a frequency not susceptible to interference within the television receiver of a Subscriber, and by an appropriate Channel selector also permits a Subscriber to view Cable Service signals. 1.14 “Council” means the governing body of the City. 1.15 “Day” means a calendar day, unless otherwise specified. 1.16 “Drop” means the cable that connects the Subscriber terminal to the nearest feeder cable of the cable in the Street and any electronics on Subscriber property between the Street and Subscriber terminal. 1.17 “Effective Date” means February 1, 2023. 1.18 “FCC” means the Federal Communications Commission, or a designated representative. 1.19 “Franchise” means the right granted by this Ordinance and conditioned as set forth herein. 1.20 “Franchise Area” means the entire geographic area within the City as it is now constituted or may in the future be constituted. 4 8516629v1 1.21 “Franchise Fee” means the fee assessed by the City to Grantee, in consideration of Grantee’s right to operate the Cable System within the City’s Streets, determined in amount as a percentage of Grantee’s Gross Revenues and limited to the maximum percentage allowed for such assessment by federal law. The term Franchise Fee does not include the exceptions noted in 47 U.S.C. §542(g)(2)(A-E). 1.22 “GAAP” means generally accepted accounting principles as promulgated and defined by the Financial Accounting Standards Board (“FASB”), Emerging Issues Task Force (“EITF”) and/or the U.S. Securities and Exchange Commission (“SEC”). 1.23 “Gross Revenues” means, and shall be construed broadly to include, all revenues derived directly or indirectly by Grantee and/or an Affiliated Entity that is the cable operator of the Cable System, from the operation of Grantee’s Cable System to provide Cable Services within the City. Gross Revenues include, by way of illustration and not limitation: (a) monthly fees for Cable Services, regardless of whether such Cable Services are provided to residential or commercial customers, including revenues derived from the provision of all Cable Services (including but not limited to pay or premium Cable Services, pay-per-view, pay-per-event, and video-on-demand Cable Services); (b) fees paid to Grantee for Channels designated for commercial/leased access use and shall be allocated on a pro rata basis using total Cable Service Subscribers within the City; (c) Converter, digital video recorder, remote control, and other Cable Service equipment rentals, leases, or sales; (d) installation, disconnection, reconnection, change-in service, “snow-bird” fees; (e) Advertising Revenues as defined herein; (f) late fees, convenience fees, and administrative fees; (g) other service fees such as HD fees, convenience fees, broadcast fees, regional sports fees, home tech support fees, bill payment fees for in-person or phone payments, additional outlet fees, and related charges relating to the provision of Cable Service; (h) revenues from program guides and electronic guides; (i) Franchise Fees; (j) FCC regulatory fees; (k) except as provided in subsection (ii) below, any fee, tax or other charge assessed against Grantee by municipality, which Grantee chooses to pass through and collect from its Subscribers; and 5 8516629v1 (l) commissions from home shopping channels and other Cable Service revenue sharing arrangements, which shall be allocated on a pro rata basis using total Cable Service Subscribers within the City. (i) “Advertising Revenues” shall mean revenues derived from sales of advertising that are made available to Grantee’s Cable System Subscribers within the City and shall be allocated on a pro rata basis using total Cable Service Subscribers reached by the advertising. Additionally, Grantee agrees that Gross Revenues subject to Franchise Fees shall include all commissions, representative fees, Affiliated Entity fees, or rebates paid to National Cable Communications and Comcast Spotlight, or their successors associated with sales of advertising on the Cable System within the City allocated according to this paragraph using total Cable Service Subscribers reached by the advertising. (ii) “Gross Revenues” shall not include: 1. actual bad debt write-offs, except any portion which is subsequently collected, which shall be allocated on a pro rata basis using Cable Services revenue as a percentage of total Subscriber revenues within the City; and 2. unaffiliated third-party advertising sales agency fees which are reflected as a deduction from revenues. (m) Grantee shall allocate fees and revenues generated from bundled packages and services to cable revenues pro rata based on the current published rate card for the packaged services delivered on a stand-alone basis as follows: (i) To the extent revenues are received by Grantee for the provision of a discounted bundle of services which includes Cable Services and non-Cable Services, Grantee shall calculate revenues to be included in Gross Revenues using a GAAP methodology that allocates revenue, on a pro rata basis, when comparing the bundled service price and its components to the sum of the published rate card, except as required by specific Applicable Law (for example, it is expressly understood that equipment may be subject to inclusion in the bundled price at full rate card value). The City reserves its right to review and to challenge Grantee’s calculations. (ii) Grantee reserves the right to change the allocation methodologies set forth in this section in order to meet the standards required by governing accounting principles as promulgated and defined by the Financial Accounting Standards Board (“FASB”), Emerging Issues Task Force (“EITF”) and/or the U.S. Securities and Exchange Commission (“SEC”). Grantee will explain and document the required changes to the City upon request or as part of any audit or review of Franchise Fee payments, and any such changes shall be subject to the next subsection below. 6 8516629v1 (iii) Resolution of any disputes over the classification of revenue should first be attempted by agreement of the parties, but should no resolution be reached, the parties agree that reference shall be made to GAAP as promulgated and defined by the Financial Accounting Standards Board (“FASB”), Emerging Issues Task Force (“EITF”) and/or the U.S. Securities and Exchange Commission (“SEC”). Notwithstanding the foregoing, the City reserves its right to challenge Grantee’s calculation of Gross Revenues, including the interpretation of GAAP as promulgated and defined by the FASB, EITF and/or the SEC. 1.24 “Normal Business Hours” means those hours during which most similar businesses in City are open to serve customers. In all cases, “Normal Business Hours” must include some evening hours, at least one (1) night per week and/or some weekend hours. 1.25 “Normal Operating Conditions” means those Service conditions which are within the control of Grantee. Those conditions which are not within the control of Grantee include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Those conditions which are ordinarily within the control of Grantee include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of the Cable System. 1.26 “Other Programming Service” is information that a cable operator makes available to all Subscribers generally. 1.27 “PEG” means public, educational and governmental. 1.28 “Person” means any natural person and all domestic and foreign corporations, closely held corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, businesses, common law trusts, societies and/or any other legal entity. 1.29 “Section 621 Order” means the Third Report and Order in MB Docket No. 05-311 adopted by the FCC on August 1, 2019, as modified by any court of competent jurisdiction or any subsequent order of the FCC. 1.30 “Street” means the area on, below, or above a public roadway, highway, street, cartway, bicycle lane, and public sidewalk in which the City has an interest, including other dedicated rights-of-way for travel purposes and utility easements. A Street does not include the airwaves above a public right-of-way with regard to cellular or other non-wire telecommunications or broadcast service. 1.31 “Subscriber” means a Person who lawfully receives Cable Service. 1.32 “Twin Cities Region” shall mean the cities in Minnesota wherein Grantee or Affiliate hold a franchise agreement to provide Cable Service. 1.33 “Video Programming” means programming provided by, or generally considered comparable to programming provided by, a television broadcast station. 7 8516629v1 1.34 “Wireline MVPD” means any entity, including the City, that utilizes the Streets to install cable or fiber and is engaged in the business of making available for purchase, by Subscribers, multiple Channels of Video Programming in the City, which could also include the City. For purposes of this Franchise, the term “Wireline MVPD” shall not be limited to entities defined by the FCC as “multichannel video programming distributors” and shall include entities that provide multiple Channels of Video Programming via open video systems, as defined by the FCC, but it is the intent of the Grantee and the City that the term Wireline MVPD shall not include small cell providers, unless the City has the legal authority under Applicable Law to regulate or to impose cable franchise obligations upon such small cell providers. SECTION 2 FRANCHISE 2.1 Grant of Franchise. The City hereby authorizes Grantee to occupy or use the City’s Streets subject to: ) the provisions of this non-exclusive Franchise to provide Cable Service within the City; and 2) all applicable provisions of the City Code. Unless this Franchise has expired pursuant to Section 2.8 herein or this Franchise is otherwise terminated pursuant to Section 11.2 herein, this Franchise shall constitute both a right and an obligation to provide Cable Services as required by the provisions of this Franchise. Nothing in this Franchise shall be construed to prohibit Grantee from: (1) providing services other than Cable Services to the extent not prohibited by Applicable Law; or (2) challenging any exercise of the City’s legislative or regulatory authority in an appropriate forum. The City hereby reserves all of its rights to regulate such other services to the extent not prohibited by Applicable Law and no provision herein shall be construed to limit or give up any right to regulate. 2.2 Reservation of Authority. The Grantee specifically agrees to comply with the lawful provisions of the City Code and applicable regulations of the City. Subject to the police power exception below, in the event of a conflict between (A) the lawful provisions of the City Code or applicable regulations of the City and (B) this Franchise, the express provisions of this Franchise shall govern. Subject to express federal and state preemption, the material terms and conditions contained in this Franchise may not be unilaterally altered by the City through subsequent amendments to the City Code, ordinances, or any regulation of City, except in the lawful exercise of City’s police power. Grantee acknowledges that the City may modify its regulatory policies by lawful exercise of the City’s police powers throughout the term of this Franchise. Grantee agrees to comply with such lawful modifications to the City Code; however, Grantee reserves all rights it may have to challenge such modifications to the City Code whether arising in contract or at law. The City reserves all of its rights and defenses to such challenges whether arising in contract or at law. Nothing in this Franchise shall (A) abrogate the right of the City to perform any public works or public improvements of any description, (B) be construed as a waiver of any codes or ordinances of general applicability promulgated by the City, or (C) be construed as a waiver or release of the rights of the City in and to the Streets. 2.3 Franchise Term. The term of this Franchise shall be ten (10) years from the Effective Date, unless renewed, amended, or extended by mutual written consent in accordance with Section 17.7 or terminated sooner in accordance with this Franchise. 8 8516629v1 2.4 Franchise Area. This Franchise is granted for the Franchise Area defined herein. Grantee shall extend its Cable System to provide Service to any residential unit in the City in accordance with Section 6.6 herein. This Franchise governs any Cable Services provided by Grantee to residential and commercial Subscribers to Grantee’s Cable System. 2.5 Franchise Nonexclusive. The Franchise granted herein shall be nonexclusive. The City specifically reserves the right to grant, at any time, such additional franchises for a Cable System as it deems appropriate provided, however, such additional grants shall not operate to materially modify, revoke, or terminate any rights previously granted to Grantee other than as described in Section 17.18. The grant of any additional franchise shall not of itself be deemed to constitute a modification, revocation, or termination of rights previously granted to Grantee. Any additional cable franchise grants shall comply with Minn. Stat. § 238.08 and any other applicable federal level playing field requirements. 2.6 Periodic Public Review of Franchise. Within sixty (60) Days of the third and sixth annual anniversary of the Effective Date of this Franchise, the City may conduct a public review of the Franchise. The purpose of any such review shall be to ensure, with the benefit of full opportunity for public comment, that the Grantee continues to effectively serve the public in the light of new developments in cable law and regulation, cable technology, cable company performance with the requirements of this Franchise, local regulatory environment, community needs and interests, and other such factors. Both the City and Grantee agree to make a full and good faith effort to participate in the review. So long as Grantee receives reasonable notice, Grantee shall participate in the review process and shall fully cooperate. The review shall not operate to modify or change any provision of this Franchise without mutual written consent in accordance with Section 17.7 of this Franchise. 2.7 Transfer of Ownership. (a) No sale, transfer, assignment or “fundamental corporate change”, as defined in Minn. Stat. § 238.083, of this Franchise shall take place until the parties to the sale, transfer, or fundamental corporate change files a written request with City for its approval, provided, however, that said approval shall not be required where Grantee grants a security interest in its Franchise and assets to secure an indebtedness. (b) City shall reply in writing and indicate approval of the request or its determination that a public hearing is necessary due to potential adverse effect on Grantee’s Subscribers resulting from the sale or transfer. (c) If a public hearing is deemed necessary pursuant to (b) above, such hearing shall be handled in accordance with local law or fourteen (14) Days prior to the hearing by publishing notice thereof once in a newspaper of general circulation in City. The notice shall contain the date, time and place of the hearing and shall briefly state the substance of the action to be considered by City. (d) After the closing of the public hearing, City shall approve or deny in writing the sale or transfer request. City shall set forth in writing with particularity its reason(s) for denying approval. City shall not unreasonably withhold its approval. 9 8516629v1 (e) The parties to the sale or transfer of the Franchise only, without the inclusion of the System in which substantial construction has commenced, shall establish that the sale or transfer of only the Franchise will be in the public interest. (f) Any sale or transfer of stock in Grantee so as to create a new controlling interest in the System shall be subject to the requirements of this Section 2.7. The term “controlling interest” as used herein is not limited to majority stock ownership but includes actual working control in whatever manner exercised. (g) In no event shall a transfer or assignment of ownership or control be approved without the transferee becoming a signatory to this Franchise and assuming all rights and obligations thereunder, and assuming all other rights and obligations of the transferor to the City. (h) In accordance with Minn. Stat. § 238.084, Subd. 1(y), the City shall have the right to purchase the System in the event the Franchise or System is proposed to be transferred or sold on the same terms and conditions as the offer pursuant to which transfer notice was provided pursuant to this section. (i) City shall be deemed to have waived its rights under this paragraph (h) in the following circumstances: (i) If it does not indicate to Grantee in writing, within ninety (90) Days of notice of a proposed sale or assignment, its intention to exercise its right of purchase; or (ii) It approves the assignment or sale of the Franchise as provided within this section. 2.8 Expiration. Upon expiration of the Franchise, the City shall have the right at its own election and subject to Grantee’s rights under Section 626 of the Cable Act to: (a) extend the Franchise, though nothing in this provision shall be construed to require such extension; (b) renew the Franchise, in accordance with Applicable Laws; (c) invite additional franchise applications or proposals; (d) terminate the Franchise subject to any rights Grantee has under Section 626 of the Cable Act; or (e) take such other action as the City deems appropriate. 2.9 Right to Require Removal of Property. At the expiration of the term for which this Franchise is granted, provided no renewal is granted, or upon its forfeiture or revocation as provided for herein, the City shall have the right to require Grantee to remove at Grantee’s own expense all or any part of the Cable System from all Streets and public ways within the Franchise 10 8516629v1 Area within a reasonable time. If Grantee fails to do so, the City may perform the work and collect the cost thereof from Grantee. However, Grantee shall have no obligation under this Franchise to remove the Cable System where it utilizes the system to provide other non-Cable Services and has any other authority under Applicable Law to maintain facilities in the Streets, or where Grantee is able to find a purchaser of the Cable System who holds such authorization. 2.10 Continuity of Service Mandatory. It shall be the right of all Subscribers to receive Cable Service in accordance with the terms of this Franchise and Applicable Law. In the event that Grantee elects to overbuild, rebuild, modify, or transfer the Cable System in accordance with Section 2.7, or the City revokes or fails to renew the Franchise, Grantee shall make its best effort to ensure that all Subscribers receive continuous uninterrupted service, regardless of the circumstances, while the Franchise remains effective. In the event of expiration, purchase, lease-purchase, condemnation, acquisition, taking over or holding of plant and equipment, sale, lease, or other transfer to any other Person, including any other grantee of a cable franchise, the current Grantee shall cooperate fully to operate the Cable System in accordance with the terms and conditions of this Franchise for a temporary period sufficient in length to maintain continuity of Cable Service to all Subscribers. SECTION 3 OPERATION IN STREETS AND RIGHTS-OF-WAY 3.1 Use of Streets. (a) Grantee may, subject to the terms of this Franchise, erect, install, construct, repair, replace, reconstruct, and retain in, on, over, under, upon, across and along the Streets within the City such lines, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, pedestals, attachments and other property and equipment as are necessary and appurtenant to the operation of a Cable System within the City. Without limiting the foregoing, Grantee expressly agrees that it will construct, operate, and maintain its Cable System in compliance with, and subject to, the requirements of the City Code, including by way of example and not limitation, those requirements governing the placement of Grantee’s Cable System; and with other applicable City Codes, and will obtain and maintain all permits and bonds required by the City Code in addition to those required in this Franchise. (b) All wires, conduits, cable and other property and facilities of Grantee shall be so located, constructed, installed, and maintained as not to endanger or unnecessarily interfere with the usual and customary trade, traffic, and travel upon, or other use of, the Streets of City. Grantee shall keep and maintain all of its property in good condition, order and repair so that the same shall not menace or endanger the life or property of any Person. (c) All wires, conduits, cables and other property and facilities of Grantee, shall be constructed and installed in an orderly and workmanlike manner in accordance with the City Code and Applicable Law. All wires, conduits and cables shall be installed, where possible, parallel with electric and telephone lines. Multiple cable configurations shall be arranged in parallel and bundled with due respect for engineering considerations. 11 8516629v1 (d) Nothing in this Franchise shall be construed to prevent the City from constructing, maintaining, repairing, or relocating sewers; grading, paving, maintaining, repairing, relocating and/or altering any Street; constructing, laying down, repairing, maintaining, or relocating any water mains; or constructing, maintaining, relocating, or repairing any sidewalk or other public work. 3.2 Construction or Alteration. Grantee shall in all cases comply with the City Code, City resolutions and City regulations regarding the acquisition of permits and/or such other items as may be reasonably required in order to construct, alter, or maintain the Cable System. Grantee shall, upon request, provide information to the City regarding its progress in completing or altering the Cable System. 3.3 Non-Interference. Grantee shall exert its best efforts to construct and maintain a Cable System so as not to interfere with other use of Streets. Grantee shall, where possible in the case of above ground lines, make use of existing poles and other facilities available to Grantee. When residents receiving underground service or who will be receiving underground service will be affected by proposed construction or alteration, Grantee shall provide such notice as set forth in the permit or in City Code of the same to such affected residents. 3.4 Consistency with Designated Use. Notwithstanding the above grant to use Streets, no Street shall be used by Grantee if the City, in its sole opinion, determines that such use is inconsistent with the terms, conditions or provisions by which such Street was created or dedicated, or presently used under Applicable Laws. 3.5 Undergrounding. (a) Grantee shall place underground all of its transmission lines which are located or are to be located above or within the Streets of the City in the following cases: (i) all other existing utilities are required to be placed underground by statute, resolution, policy or other Applicable Law; (ii) Grantee is unable to get pole clearance; (iii) underground easements are obtained from developers of new residential areas; or (iv) utilities are overhead but residents prefer underground (service provided at cost). (b) If an ordinance is passed which involves placing underground certain utilities including Grantee’s cable plant which is then located overhead, Grantee shall participate in such underground project and shall remove poles, cables and overhead wires if requested to do so and place facilities underground. Nothing herein shall mandate that City provide reimbursement to Grantee for the costs of such relocation and removal. However, if the City makes available funds for the cost of placing facilities underground, nothing herein shall preclude the Grantee from participating in such funding to the extent consistent with the City Code or Applicable Laws. 12 8516629v1 (c) Grantee shall use conduit or its functional equivalent to the greatest extent possible for undergrounding, except for Drops from pedestals to Subscribers’ homes and for cable on other private property where the owner requests that conduit not be used. Cable and conduit shall be utilized which meets the highest industry standards for electronic performance and resistance to interference or damage from environmental factors. Grantee shall use, in conjunction with other utility companies or providers, common trenches for underground construction wherever available. 3.6 Maintenance and Restoration. (a) Restoration. In case of disturbance of any Street, public way, paved area or public improvement, Grantee shall, at its own cost and expense and in accordance with the requirements of Applicable Law, restore such Street, public way, paved area or public improvement to substantially the same condition as existed before the work involving such disturbance took place. All requirements of this section pertaining to public property shall also apply to the restoration of private easements and other private property. Grantee shall perform all restoration work within a reasonable time and with due regard to seasonal working conditions. If Grantee fails, neglects, or refuses to make restorations as required under this section, then the City may do such work or cause it to be done, and the cost thereof to the City shall be paid by Grantee. If Grantee causes any damage to private property in the process of restoring facilities, Grantee shall repair such damage. (b) Maintenance. Grantee shall maintain all above ground improvements that it places on City Streets pursuant to the City Code and any permit issued by the City. In order to avoid interference with the City’s ability to maintain the Street, Grantee shall provide such clearance as is required by the City Code and any permit issued by the City. If Grantee fails to comply with this provision, and by its failure, property is damaged, Grantee shall be responsible for all damages caused thereby. (c) Disputes. In any dispute over the adequacy of restoration or maintenance relative to this section, final determination shall be the prerogative of the City, Department of Public Works and consistent with the City Code and any permit issued by the City. 3.7 Work on Private Property. Grantee, with the consent of property owners, shall have the authority, pursuant to the City Code, to trim trees upon and overhanging Streets, alleys, sidewalks, and public ways so as to prevent the branches of such trees from coming in contact with the wires and cables of Grantee, except that at the option of the City, such trimming may be done by it or under its supervision and direction at the reasonable expense of Grantee. 3.8 Relocation. (a) City Property. If, during the term of the Franchise, the City or any government entity elects or requires a third party to alter, repair, realign, abandon, improve, vacate, reroute or change the grade of any Street, public way or other public property; or to construct, maintain or repair any public improvement; or to replace, repair 13 8516629v1 install, maintain, or otherwise alter any cable, wire conduit, pipe, line, pole, wire-holding structure, structure, or other facility, including a facility used for the provision of utility or other services or transportation of drainage, sewage or other liquids, for any public purpose, Grantee shall, upon request, except as otherwise hereinafter provided, at its sole expense remove or relocate as necessary its poles, wires, cables, underground conduits, vaults, pedestals, manholes and any other facilities which it has installed. Nothing herein shall mandate that City provide reimbursement to Grantee for the costs of such relocation and removal. However, if the City makes available funds for the cost of placing facilities underground, nothing herein shall preclude the Grantee from participating in such funding to the extent consistent with the City Code or Applicable Laws. (b) Utilities and Other Franchisees. If, during the term of the Franchise, another entity which holds a franchise or any utility requests Grantee to remove or relocate such facilities to accommodate the construction, maintenance or repair of the requesting party’s facilities, or their more efficient use, or to “make ready” the requesting party’s facilities for use by others, or because Grantee is using a facility which the requesting party has a right or duty to remove, Grantee shall do so. The companies involved may decide among themselves who is to bear the cost of removal or relocation, pursuant to City Code, and provided that the City shall not be liable for such costs. (c) Notice to Remove or Relocate. Any Person requesting Grantee to remove or relocate its facilities shall give Grantee no less than forty-five (45) Days’ advance written notice advising Grantee of the date or dates that removal or relocation is to be undertaken, provided that no advance written notice shall be required in emergencies or in cases where public health and safety or property is endangered. (d) Failure by Grantee to Remove or Relocate. If Grantee fails, neglects or refuses to remove or relocate its facilities as directed by the City; or in emergencies or where public health and safety or property is endangered, the City may do such work or cause it to be done, and the cost thereof to the City shall be paid by Grantee. If Grantee fails, neglects, or refuses to remove or relocate its facilities as directed by another franchisee or utility, that franchisee or utility may do such work or cause it to be done, and if Grantee would have been liable for the cost of performing such work, the cost thereof to the party performing the work or having the work performed shall be paid by Grantee. (e) Procedure for Removal of Cable. Grantee shall not remove any underground cable or conduit which requires trenching or other opening of the Streets along the extension of cable to be removed, except as hereinafter provided. Grantee may remove any underground cable from the Streets which has been installed in such a manner that it can be removed without trenching or other opening of the Streets along the extension of cable to be removed. Subject to Applicable Law, Grantee shall remove, at its sole cost and expense, any underground cable or conduit by trenching or opening of the Streets along the extension thereof or otherwise which is ordered to be removed by the City based upon a determination, in the sole discretion of the City, that removal is required in order to eliminate or prevent a hazardous condition. Underground cable and 14 8516629v1 conduit in the Streets which is not removed shall be deemed abandoned and title thereto shall be vested in the City. (f) Movement of Buildings. Grantee shall, upon request by any Person holding a building moving permit, franchise or other approval issued by the City, temporarily remove, raise, or lower its wire to permit the movement of buildings. The expense of such removal, raising or lowering shall be paid by the Person requesting same, and Grantee shall be authorized to require such payment in advance. The City shall require all building movers to provide not less than fifteen (15) Days’ notice to the Grantee to arrange for such temporary wire changes. SECTION 4 REMOVAL OR ABANDONMENT OF SYSTEM 4.1 Removal of Cable System. In the event that: (l) the use of the Cable System is discontinued for any reason for a continuous period of twelve (12) months; or (2) the Cable System has been installed in a Street without complying with the requirements of this Franchise or the City Code, Grantee, at its expense shall, at the demand of the City remove promptly from the Streets all of the Cable System other than any which the City may permit to be abandoned in place. In the event of any such removal Grantee shall promptly restore to a condition as nearly as possible to its prior condition the Street or other public places in the City from which the System has been removed. However, Grantee shall have no obligation under this Franchise to remove the Cable System where it utilizes the system to provide other non-Cable Services and has any other authority under Applicable Law to maintain facilities in the Streets, or where Grantee is able to find a purchaser of the Cable System who holds such authorization. 4.2 Abandonment of Cable System. In the event of Grantee’s abandonment of the Cable System, City shall have the right to require Grantee to conform to the state right-of-way rules, Minn. Rules, Ch. 7819. The Cable System to be abandoned in place shall be abandoned in the manner prescribed by the City. Grantee may not abandon any portion of the System without having first given three (3) months written notice to the City. Grantee may not abandon any portion of the System without compensating the City for damages resulting from the abandonment. 4.3 Removal after Abandonment or Termination. If Grantee has failed to commence removal of System, or such part thereof as was designated by City, within thirty (30) Days after written notice of City’s demand for removal consistent with Minn. Rules, Ch. 7819, is given, or if Grantee has failed to complete such removal within twelve (12) months after written notice of City’s demand for removal is given, City shall have the right to apply funds secured by the letter of credit and performance bond toward removal and/or declare all right, title, and interest to the Cable System for the City with all rights of ownership including, but not limited to, the right to operate the Cable System or transfer the Cable System to another for operation by it. 4.4 City Options for Failure to Remove Cable System. If Grantee has failed to complete such removal within the time given after written notice of the City’s demand for removal is given, the City shall have the right to exercise one of the following options: 15 8516629v1 (a) Declare all right, title and interest to the System for the City or its designee with all rights of ownership including, but not limited to, the right to operate the System or transfer the System to another for operation by it; or (b) Declare the System abandoned and cause the System, or such part thereof as the City shall designate, to be removed at no cost to the City. The cost of said removal shall be recoverable from the security fund, indemnity and penalty section provided for in this Franchise or from Grantee directly. (c) Upon termination of service to any Subscriber, Grantee shall promptly remove all its facilities and equipment from within the dwelling of a Subscriber who owns such dwelling upon his or her written request, except as provided by Applicable Law. Such Subscribers shall be responsible for any costs incurred by Grantee in removing the facilities and equipment. 4.5 System Construction and Equipment Standards. The Cable System shall be installed and maintained in accordance with standard good engineering practices and shall conform, when applicable, with the National Electrical Safety Code, the National Electrical Code and the FCC’s Rules and Regulations. 4.6 System Maps and Layout. In addition to any generally applicable mapping requirements included in the City Code and required of other utilities, Grantee shall maintain complete and accurate system maps and records of all of its wires, conduits, cables and other property and facilities located, constructed, and maintained in the City, which shall include trunks, distribution lines, and nodes. Such maps shall include up-to-date route maps showing the location of the Cable System adjacent to the Streets. Grantee shall make all maps and records available for review by the appropriate City personnel. SECTION 5 SYSTEM DESIGN AND CAPACITY 5.1 Availability of Signals and Equipment. (a) The Cable System utilizes a fiber to the fiber node architecture, with fiber optic cable deployed from Grantee’s headend to Grantee’s fiber nodes, tying into Grantee’s coaxial Cable System serving Subscribers. The System shall pass a minimum of 750 MHz (with a minimum passband of between 50 and 750 MHz) and shall be maintained to provide to Subscribers a minimum of at least two hundred (200) or more activated downstream Cable Service Channels. (b) The entire System shall be technically capable of transmitting industry- standard digital television signals in a manner and quality consistent with applicable FCC regulations. (c) Grantee agrees to maintain the Cable System in a manner consistent with, or in excess of the specifications in Section 5.1 (a) and (b) throughout the term of the Franchise with sufficient capability and technical quality to enable the implementation and performance of all requirements of this Franchise, including the exhibits hereto, and 16 8516629v1 in a manner which meets or exceeds FCC technical quality standards at 47 C.F.R. § 76 Subpart K, regardless of the particular format in which a signal is transmitted. 5.2 Equal and Uniform Service. To the extent required by Applicable Law, Grantee shall provide access to equal and uniform Cable Service throughout the City. 5.3 System Specifications. (a) System Maintenance. In all its construction and service provision activities, Grantee shall meet or exceed the construction, technical performance, extension, and service requirements set forth in this Franchise. (b) Emergency Alert Capability. At all times during the term of this Franchise, Grantee shall provide and maintain an Emergency Alert System (EAS) consistent with Applicable Laws including 47 C.F.R., Part 11, and any Minnesota State Emergency Alert System requirements. The City may identify authorized emergency officials for activating the EAS consistent with the Minnesota State Emergency Statewide Plan (“EAS Plan”). The City may also develop a local plan, containing methods of EAS message distribution, subject to Applicable Laws and the EAS Plan. Nothing in this section is intended to expand Grantee’s obligations beyond that which is required by the EAS Plan and Applicable Law. (c) Standby Power. Grantee shall provide standby power generating capacity at the Cable System control center and at all hubs. Grantee shall maintain standby power system supplies, rated at least at two (2) hours duration throughout the trunk and distribution networks. In addition, Grantee shall have in place throughout the Franchise term a plan, and all resources necessary for implementation of the plan, for dealing with outages of more than two (2) hours. (d) Technical Standards. The technical standards used in the operation of the Cable System shall comply, at minimum, with the technical standards promulgated by the FCC relating to Cable Systems pursuant to Title 47, Section 76, Subpart K of the Code of Federal Regulations, as may be amended or modified from time to time, which regulations are expressly incorporated herein by reference. The Cable System shall be installed and maintained in accordance with standard good engineering practices and shall conform with the National Electrical Safety Code and all other Applicable Laws governing the construction of the Cable System. (e) System Upgrades. The Cable System will be upgraded consistent with future System upgrades performed in Grantee’s other Twin Cities Region Cable Systems, when any other of Grantee’s Cable Systems in Hennepin County also receives a System upgrade, understanding that work on the Cable System is done based on Grantee’s construction schedules. 5.4 Performance Testing. Grantee shall perform all system tests at the intervals required by the FCC, and all other tests reasonably necessary to determine compliance with technical standards required by this Franchise. These tests shall include, at a minimum: 17 8516629v1 (a) Initial proof of performance for any construction; and (b) Tests in response to Subscriber complaints; and (c) Tests requested by the City to demonstrate franchise compliance; and (d) Written records of all system test results performed by or for Grantee shall be maintained and shall be available for City inspection upon request. 5.5 Special Testing. (a) Throughout the term of this Franchise, City shall have the right to inspect all construction or installation work performed pursuant to the provisions of the Franchise. In addition, City may require special testing of a location or locations within the System if there is a particular matter of controversy or unresolved complaints regarding such construction or installation work or pertaining to such location(s). Demand for such special tests may be made on the basis of complaints received or other evidence indicating an unresolved controversy or noncompliance. Such tests shall be limited to the particular matter in controversy or unresolved complaints. City shall endeavor to so arrange its request for such special testing so as to minimize hardship or inconvenience to Grantee or to the Subscribers caused by such testing. (b) Before ordering such tests, Grantee shall be afforded thirty (30) Days following receipt of written notice to investigate and, if necessary, correct problems or complaints upon which tests were ordered. City shall meet with Grantee prior to requiring special tests to discuss the need for such and, if possible, visually inspect those locations which are the focus of concern. If, after such meetings and inspections, City wishes to commence special tests and the thirty (30) Days have elapsed without correction of the matter in controversy or unresolved complaints, the tests shall be conducted at Grantee’s expense by Grantee’s qualified engineer. The City shall have a right to participate in such testing by having an engineer of City’s choosing, and at City’s expense, observe and monitor said testing. SECTION 6 PROGRAMMING AND SERVICES 6.1 Categories of Programming Service. Grantee shall provide Video Programming services in at least the following broad categories: Local Broadcast (subject to federal carriage requirements) Public Broadcast News and Information Sports General Entertainment Arts/Performance/Humanities Science/Technology Children/Family/Seniors Foreign Language/Ethnic Programming 18 8516629v1 PEG Programming (to the extent required by the Franchise) Movies Leased Access 6.2 Changes in Programming Services. As required by Applicable Law, Grantee shall provide at least thirty (30) Days’ prior written notice to Subscribers and to the City of Grantee’s request to effectively delete any broad category of programming or any Channel within its control, including all proposed changes in bandwidth or Channel allocation and any assignments including any new equipment requirements that may occur as a result of these changes. 6.3 Parental Control Device. Upon request by any Subscriber, Grantee shall make available for sale or lease a parental control or lockout device that will enable the Subscriber to block all access to any and all Channels without affecting those not blocked. Grantee shall inform Subscribers of the availability of the lockout device at the time of original subscription and annually thereafter. 6.4 FCC Reports. The results of any tests required to be filed by Grantee with the FCC shall also be copied to City within ten (10) Days of the conduct of the date of the tests. 6.5 Annexation. Unless otherwise provided by Applicable Law, including the City Code, upon the annexation of any additional land area by City, the annexed area shall thereafter be subject to all the terms of this Franchise upon sixty (60) Days written notification to Grantee of the annexation by City. Unless otherwise required by Applicable Laws, nothing herein shall require the Grantee to expand its Cable System to serve, or to offer Cable Service to any area annexed by the City if such area is then served by another Wireline MVPD franchised to provide multichannel video programming. 6.6 Line Extension. (a) Grantee shall construct and operate its Cable System so as to provide Cable Service within the Franchise Area where there exists a density equivalent of seven (7) dwelling units per one-quarter (1/4) mile of feeder cable as measured from the nearest active plant of the Cable System if the extension is to be constructed using aerial plant, and nine (9) dwelling units per one-quarter (1/4) mile of feeder cable as measured from the nearest active plant if the extension is to be constructed using underground plant. The City, for its part, shall endeavor to exercise reasonable efforts to require developers and utility companies to provide the Grantee with at least fifteen (15) Days advance notice of an available open trench for the placement of necessary cable. (b) Where the density is less than that specified above, Grantee shall inform Persons requesting Service of the possibility of paying for installation or a line extension and shall offer to provide them with a free written estimate of the cost, which shall be provided within fifteen (15) working days of such a request. Grantee may offer the Persons requesting Service the opportunity to “prepay” some or all of the necessary line extensions according to its regular business policies. Grantee shall at all times implement such line extension policy in a nondiscriminatory manner throughout the City. 19 8516629v1 (c) Any residential unit located within one hundred twenty-five (125) feet from the nearest point of access on the Street from which the Cable System is designed to serve the site shall be connected to the Cable System at no charge other than the standard installation charge. Grantee shall, upon request by any potential Subscriber residing in City beyond the one hundred twenty-five (125) foot limit, extend service to such Subscriber provided that the Subscriber shall pay the net additional Drop costs, unless the Grantee agrees to waive said costs. To the extent consistent with Applicable Laws, Grantee agrees that it shall impose installation costs for non-standard installations in a uniform and nondiscriminatory manner throughout the City. 6.7 Nonvoice Return Capability. Grantee is required to use cable and associated electronics having the technical capacity for nonvoice return communications 6.8 Free Cable Service to Public Buildings. (a) The parties acknowledge that as of the Effective Date of this Franchise, Grantee continues to provide, free of charge, basic Cable Service (including the PEG Channels) to certain schools, libraries and public institutions within the Franchise Area as set forth in Exhibit A (“Complimentary Services”). In the event Grantee elects, to the extent permitted by Applicable Law, to invoice the City for the marginal cost of the Complimentary Services, the Grantee agrees that it will do so only after providing City with one hundred twenty (120) Days’ prior written notice. (b) The City shall have right to discontinue receipt of all or a portion of the Complimentary Service provided by Grantee in the event Grantee elects to impose a charge to the City for the Complimentary Service as set forth in the preceding paragraph. Within ninety (90) days of receiving the aforementioned notice, the City will notify the Grantee whether, with respect to each identified Complimentary Service location, the Grantee is relieved, or temporarily relieved, of its obligations or is required to comply, subject either to the Grantee taking an offset to the Franchise Fee payments payable under Section 16.1 as may be permitted by the Section 621 Order or to the Grantee and the City agreeing to a separately negotiated charge payable by the City to the Grantee. (c) Additional Subscriber network Drops and/or outlets will be installed at designated institutions by Grantee at the cost of Grantee’s time and material, or such other price as may be required to comply with Applicable Law. Alternatively, said institution may add outlets at its own expense as long as such installation meets Grantee’s standards. Grantee will complete construction of the additional Drop and outlet within three (3) months from the date of City’s designation of additional institution(s) unless weather or other conditions beyond the control of Grantee requires more time. The City may substitute locations listed on Exhibit A attached hereto as long as the number of locations to receive Complimentary Service remains the same as Exhibit A. (d) The City or the building occupant shall have the right to extend Cable Service throughout the building to additional outlets without any fees imposed by Grantee for the provision of Complimentary Service to such additional outlets. If ancillary equipment, such as a Converter, is required to receive the signal at additional 20 8516629v1 outlets, Grantee will provide up to three (3) devices at no charge and will provide additional devices at Grantee’s lowest residential rate charged within the Twin Cities Region. (e) Notwithstanding anything to the contrary set forth in this section, Grantee shall not be required to provide Complimentary Service to such buildings unless it is technically feasible. Outlets and maintenance of said Complimentary Service shall be provided free of fees and charges. SECTION 7 PUBLIC, EDUCATIONAL AND GOVERNMENTAL ACCESS 7.1 Number of PEG Access Channels. (a) Grantee will make available three (3) PEG Access Channels in addition to Channels required by the State of Minnesota, such as Regional Channel 6, throughout the entire term of this Franchise and any extensions of the Franchise term. (b) Grantee shall provide the PEG Access Channels on the Basic Cable Service tier, or such other most subscribed tier of Cable Service (within the Franchise Area) as may be offered by Grantee. (c) For purposes of this Franchise, a high definition (“HD”) format or signal refers to a PEG signal delivered by Grantee to Subscribers in a resolution that is either: (i) the same as received by Grantee from City or the entity from which Grantee received the PEG signal, or (ii) the highest resolution used for the delivery of the primary signals of local broadcast stations, if lower than the level described in subparagraph (c)(i) above. 7.2 HD PEG Carriage Requirements. (a) No later than September 1, 2023, Grantee shall provide all three (3) PEG Access Channels in HD format and shall also simulcast all three (3) PEG Access Channels in standard definition (“SD”) until SD is no longer offered by Grantee. The parties agree that PEG funding may be used to support streaming of PEG programming, provided the City does not permit PEG funding to be used for operational expenses except as permitted by Applicable Law. (b) The City acknowledges that receipt of an HD format PEG Access Channel may require Subscribers to buy or lease special equipment or pay additional HD charges applicable to all HD services. (c) Grantee agrees that it shall be responsible for costs associated with the provision of encoders or other equipment necessary to receive HD/SD signals at the 21 8516629v1 Grantees’ headend, and to convert PEG HD signals to SD consistent with the historic practice between the parties related to the government PEG Access Channel. 7.3 Control of PEG Access Channels. The control and administration of the PEG Access Channels shall rest with the City and the City may delegate, from time to time over the term of this Franchise, such control and administration to various entities as determined in City’s sole discretion. 7.4 Transmission of PEG Access Channels. PEG Access Channels may be used for transmission of non-video signals in compliance with Applicable Laws. This may include downstream transmission of data using a protocol such as TCP/IP or current industry standards. Should Grantee develop the capability to provide bi-directional data transmission, spectrum capacity shall be sufficient to allow Subscribers to transmit data to PEG facilities. 7.5 PEG Access Channel Locations. (a) PEG Access Channels shall be carried on the Basic Cable Service tier to the extent required by Applicable Law and as set forth in Section 7.2 herein. Nothing herein precludes the Grantee from charging for equipment needed for Basic Cable Service. Grantee shall make every reasonable effort to coordinate the cablecasting of PEG access programming on the Cable System on the same Channel designations as such programming is currently cablecast within the City. In no event shall any Access Channel reallocations be made prior to ninety (90) Days written notice to the City by Grantee, except for circumstances beyond Grantee’s reasonable control. The Access Channels will be located within reasonable proximity to other commercial video or broadcast Channels, excluding pay-per-view programming offered by Grantee in the City. (b) Grantee agrees not to encrypt the Access Channels differently than other commercial Channels available on the Cable System. (c) In conjunction with any occurrence of any Access Channel(s) relocation, Grantee shall provide a minimum of One Thousand Five Hundred Dollars ($1,500) Thousand Five-Hundred Dollars ($1,500) of reimbursement for costs incurred by City to promote the new Channel locations. 7.6 Navigation to PEG Access Channels and Electronic Programming Guide. Grantee agrees that if it utilizes any navigation interfaces, the PEG Access Channels shall be treated in a non-discriminatory fashion consistent with Applicable Laws so that Subscribers will have ready access to Access Channels. Grantee will maintain the existing ability of the City to place PEG Access Channel programming information on the interactive Channel guide via the electronic programming guide (“EPG”) vendor (“EPG provider”) that Grantee utilizes to provide the guide service. PEG programming provided by the City shall appear on the EPG for each Channel carried in the City. Grantee will be responsible for providing the designations and instructions necessary for the PEG Access Channels to appear on the EPG. Each programming stream will not be individually listed for narrowcast Channels unless technically feasible. All costs and operational requirements of the EPG provider shall be the responsibility of the City. 22 8516629v1 City acknowledges that the EPG may not be technically possible for all PEG programming, and that Grantee is not responsible for operations of the EPG provider. 7.7 Ownership of PEG Access Channels. Grantee does not relinquish its ownership of or ultimate right of control over a Channel by designating it for PEG use. A PEG access user – whether an individual, educational, or governmental user – acquires no property or other interest by virtue of the use of a Channel position so designated. Grantee shall not exercise editorial control over any public, educational, or governmental use of a Channel position, except Grantee may refuse to transmit any public access program or portion of a public access program that contains obscenity, indecency, or nudity in violation of Applicable Law. 7.8 PEG Monitoring. Grantee shall provide the capability, without charge, to the City and to the City of Edina (location of the Commission’s master control facility), to monitor and verify the audio and visual quality of PEG Access Channels received by Subscribers as well as the existing connections and equipment at the City and the City of Edina. This will include equipment comparable to that deployed to residential cable Subscribers that will allow the City and the City of Edina to verify the accuracy of EPG listings for the PEG Access Channels consistent with what is currently provided. Grantee shall also maintain one (1) feed to the City and one (1) additional feed to the City of Edina to provide the ability to monitor Subscriber services and address Subscriber concerns which feed shall include all cable boxes and platforms (i.e., Xfinity X1). 7.9 Noncommercial Use of PEG. Permitted noncommercial uses of the Access Channels shall include by way of example and not limitation: (1) the identification of financial supporters similar to what is provided on public broadcasting stations; or (2) the solicitation of financial support for the provision of PEG programming by the City or third party users for charitable, educational or governmental purposes; or (3) programming offered by accredited, non-profit, educational institutions which may, for example, offer telecourses over a Access Channel. 7.10 PEG Transport. Grantee will maintain all existing fiber paths in place as of the Effective Date to facilitate PEG origination/return capacity in the City. Such fiber returns paths are listed in Exhibit B attached hereto and will be provided by Grantee without additional charge, with no recurring, monthly costs or offsets, except that Grantee may invoice the Commission for any maintenance costs consistent with Applicable Law and the Section 621 Order. Grantee shall not be responsible for fiber “replacement” but will handle any damage and all maintenance on the existing fiber. Grantee anticipates, but cannot guarantee, that that this will result in minimal fiber expenditures by the City over the Franchise term. 7.11 Interconnection. To the extent technically feasible, Grantee will allow necessary interconnection with any newly constructed City and school fiber for noncommercial programming to be promoted and administered by the City as allowed under Applicable Laws and at no additional cost to the City or schools. This may be accomplished through a patch panel or other similar facility and each party will be responsible for the fiber on their respective sides of the demarcation point. Grantee reserves its right to review on a case-by-case basis the technical feasibility of the proposed interconnection. Based on this review, Grantee may condition the interconnection on the reasonable reimbursement of Grantee’s incremental costs, 23 8516629v1 with no markup for profit, to recoup Grantee’s construction costs only. In no event will Grantee impose any type of recurring fee for said interconnection. 7.12 Ancillary Equipment. Any ancillary equipment operated by Grantee for the benefit of PEG Access Channels on Grantee’s fiber paths or Cable System, whether referred to switchers, routers, or other equipment, will be maintained by Grantee, free of charge and at no cost to the City, Commission or schools for the life of the Franchise. Grantee is responsible for any ancillary equipment on its side of the demarcation point and the City, Commission or school is responsible for all other production/playback equipment. 7.13 Future PEG Transport. At such time that the City determines: (a) that the City desires the capacity to allow Subscribers in the City to receive PEG programming (video or character generated) which may originate from schools, City facilities, other government facilities or other designated facilities (other than those indicated in Exhibit B); or (b) that the City desires to establish or change a location from which PEG programming is originated; or (c) that the City desires to upgrade the Connection to Grantee from an existing signal point of origination, the City will give Grantee written notice detailing the point of origination and the capability sought by the City. Grantee agrees to submit a cost estimate to implement the City’s plan within a reasonable period of time but not later than September 1st in the year proceeding the request for any costs exceeding Twenty-five Thousand and No/100 Dollars ($25,000). The cost estimate will be on a time and materials basis with no additional markup. After an agreement to reimburse Grantee for Grantee’s out of pocket time and material costs, Grantee will implement any necessary Cable System changes within a reasonable period of time. Nothing herein prevents the City, or a private contractor retained by the City, from constructing said return fiber. 7.14 PEG Access Channel Carriage. (a) Any and all costs associated with any modification of the PEG Access Channels or signals after the PEG Access Channels/signals leave the City’s designated playback facilities, or any designated playback center authorized by the City shall be borne entirely by Grantee. Grantee shall not cause any programming to override PEG programming on any PEG Access Channel, except by oral or written permission from the City, with the exception of emergency alert signals. (b) The City may request and Grantee shall provide an additional PEG Access Channel when the cumulative time on all the existing PEG Access Channels combined meets the following standard: whenever one of the PEG Access Channels in use during eighty percent (80%) of the weekdays, Monday through Friday, for eighty percent (80%) of the time during a consecutive three (3) hour period for six (6) weeks running, and there is a demand for use of an additional Channel for the same purpose, the Grantee has six (6) months in which to provide a new, PEG Access Channel for the same purpose; 24 8516629v1 provided that, the provision of the additional Channel or Channels does not require the Cable System to install Converters. (c) Only to the extent mandated by Applicable Law, the VHF spectrum shall be used for one (1) of the public, educational, or governmental specially designated PEG Access Channels. (d) The City or its designee shall be responsible for developing, implementing, interpreting, and enforcing rules for PEG Access Channel use. (e) The Grantee shall monitor the PEG Access Channels for technical quality to ensure that they meet FCC technical standards including those applicable to the carriage of PEG Access Channels, provided however, that the Grantee is not responsible for the production quality of PEG programming productions. The City, or its designee, shall be responsible for the production and quality of all PEG access programming. Grantee shall carry all components of the standard definition of PEG Access Channel including, but not limited to, closed captioning, stereo audio and other elements associated with the programming. 7.15 Access Channel Support. (a) No later than September 1, 2023, Grantee shall collect and remit to the City a minimum of one and one-half percent (1.5%) of Grantee’s Gross Revenues in support of PEG (“PEG Fee”) to be used by the City as permitted under Applicable Law. (b) The PEG Fee is not part of the Franchise Fee and instead falls within one (1) or more of the exceptions in 47 U.S.C. § 542, unless the PEG Fee may be categorized, itemized, and passed through to Subscribers as permissible, in accordance with 47 U.S.C. §542 or other Applicable Laws. (c) Grantee shall pay the PEG Fee to the City quarterly, on the same schedule as the payment of Franchise Fees as set forth in Section 16.1 of this Franchise. Grantee agrees that it will not offset or reduce its payment of past, present, or future Franchise Fees required as a result of its obligation to remit the PEG Fee. (d) Any PEG Fee amounts owing pursuant to this Franchise which remain unpaid more than twenty-five (25) Days after the date the payment is due shall be delinquent and shall thereafter accrue interest at twelve percent (12%) per annum or the prime lending rate published by the Wall Street Journal on the Day the payment was due plus two percent (2%), whichever is greater. 7.16 PEG Technical Quality and Support. (a) Grantee shall not be required to carry a PEG Access Channel in a higher quality format than that of the Channel signal delivered to Grantee, but Grantee shall not implement a change in the method of delivery of PEG Access Channels that results in a material degradation of signal quality or impairment of viewer reception of PEG Access Channels, provided that this requirement shall not prohibit Grantee from implementing 25 8516629v1 new technologies also utilized for commercial Channels carried on its Cable System. Grantee shall meet FCC signal quality standards when offering PEG Access Channels on its Cable System and shall continue to comply with closed captioning pass-through requirements. There shall be no significant deterioration in a PEG Access Channel signal from the point of origination upstream to the point of reception (hub or headend) or downstream to the Subscriber on the Cable System. (b) Within twenty-four (24) hours of a written request from City to the Grantee identifying a technical problem with a PEG Access Channel and requesting assistance, Grantee will provide technical assistance or diagnostic services to determine whether or not a problem with a PEG signal is the result of matters for which Grantee is responsible and if so, Grantee will take prompt corrective action. If the problem persists and there is a dispute about the cause, then the parties shall meet with engineering representation from Grantee and the City in order to determine the course of action to remedy the problem. 7.17 Access Channel Promotion. If a PEG Access Channel is relocated, Grantee shall notify the Commission, City and Subscribers of the relocation in a manner consistent with Grantee’s other normal Channel relocation notices. 7.18 Change in Technology. In the event Grantee makes any change in the Cable System and related equipment and facilities or in its signal delivery technology, which requires the City to obtain new equipment in order to be compatible with such change for purposes of transport and delivery of the PEG Access Channels, Grantee shall, at its own expense and free of charge to City or its designated entities, purchase such equipment as may be necessary to facilitate the cablecasting of the PEG Access Channels in accordance with the requirements of the Franchise. 7.19 Relocation of Grantee’s Headend. In the event Grantee relocates its headend, Grantee will be responsible for replacing or restoring the existing dedicated fiber connections at Grantee’s cost so that all the functions and capacity remain available, operate reliably and satisfy all applicable technical standards and related obligations of the Franchise free of charge to the City or its designated entities. 7.20 Regional Channel Six. Grantee shall make available Regional Channel Six as long as it is required to do so by the State of Minnesota. 7.21 Government Access Channel Functionality. Grantee and City agree that City will continue to have the following capability on the government Access Channel: (a) City can insert live Council meetings from City Hall; (b) City can replay government access programming from City Hall; (c) City can transmit character generated programming; and (d) City can schedule to replay City-provided programming in pre-arranged time slots on the government PEG Access Channel. 26 8516629v1 7.22 Compliance with Minnesota Statutes Chapter 238. In addition to the requirements contained in this Section 7 of this Franchise, Grantee and City shall comply with the PEG requirements mandated by Minn. Stat. § 238.084. SECTION 8 REGULATORY PROVISIONS. 8.1 Intent. The City shall have the right to administer and regulate activities under the Franchise up to the full extent permitted by Applicable Law. 8.2 Delegation of Authority to Regulate. The City reserves the right to delegate its regulatory authority wholly or in part to agents of the City, including, but not limited to, an agency which may be formed to regulate several franchises in the region in a manner consistent with Applicable Laws. This may include but shall not be limited to the Commission or other entity as City may determine in its sole discretion. Any existing delegation in place at the time of the grant of this Franchise shall remain intact unless expressly modified by City. 8.3 Areas of Administrative Authority. (a) In addition to any other regulatory authority granted to the City by law or franchise, the City shall have administrative authority in the following areas: (i) Administering and enforcing the provisions of this Franchise, including the adoption of administrative rules and regulations to carry out this responsibility; and (ii) Coordinating the operation of PEG Access Channels; and (iii) Formulating and recommending long-range cable communications policy for the Franchise Area; and (iv) Disbursing and utilizing Franchise revenues paid to the City; and (v) Administering the regulation of rates, to the extent permitted by Applicable Law; and (vi) All other regulatory authority permitted under Applicable Law. (b) The City or its designee shall have continuing regulatory jurisdiction and supervision over the System and the Grantee’s operations under the Franchise to the extent allowed by Applicable Law. 8.4 Regulation of Rates and Charges. (a) Right to Regulate. The City reserves the right to regulate rates or charges for any Cable Service within the limits of Applicable Law, to enforce rate regulations prescribed by the FCC, and to establish procedures for said regulation or enforcement. 27 8516629v1 (b) Notice of Change in Rates and Charges. Throughout the term of this Franchise, Grantee shall give the City and all Subscribers within the City at least thirty (30) Days’ notice of any intended modifications or additions to Subscriber rates or charges. Nothing in this subsection shall be construed to prohibit the reduction or waiving of rates or charges in conjunction with promotional campaigns for the purpose of attracting Subscribers or users. (c) Rate Discrimination Prohibited. Within any category of Subscribers, Grantee shall not discriminate among Subscribers with regard to rates and charges made for any service based on considerations of race, color, creed, sex, marital or economic status, national origin, sexual preference, or (except as allowed by Applicable Law) neighborhood of residence, except as otherwise provided herein; and for purposes of setting rates and charges, no categorization of Subscribers shall be made by Grantee on the basis of those considerations. Nevertheless, Grantee shall be permitted to establish (1) discounted rates and charges for providing Cable Service to low-income, disabled, or low-income elderly Subscribers, (2) promotional rates, and (3) bulk rate and package discount pricing. SECTION 9 BOND. 9.1 Performance Bond. Upon the Effective Date of this Franchise and at all times thereafter Grantee shall maintain with City a bond in the sum of One Hundred Thousand and No/100 Dollars ($100,000.00) in such form and with such sureties as shall be acceptable to City, conditioned upon the faithful performance by Grantee of this Franchise and the acceptance hereof given by City and upon the further condition that in the event Grantee shall fail to comply with any law, ordinance or regulation, there shall be recoverable jointly and severally from the principal and surety of the bond, any damages or losses suffered by City as a result, including the full amount of any compensation, indemnification or cost of removal of any property of Grantee, including a reasonable allowance for attorneys’ fees and costs (with interest at two percent (2%) in excess of the then prime rate), up to the full amount of the bond, and which bond shall further guarantee payment by Grantee of all claims and liens against City, or any public property, and taxes due to City, which arise by reason of the construction, operation, maintenance or use of the Cable System. 9.2 Rights. The rights reserved by City with respect to the bond are in addition to all other rights the City may have under this Franchise or any other law. 9.3 Reduction of Bond Amount. City may, in its sole discretion, reduce the amount of the bond. SECTION 10 SECURITY FUND 10.1 Security Fund. If there is an uncured breach by Grantee of a material provision of this Franchise or a pattern of repeated violations of any provision(s) of this Franchise, then Grantee shall, upon written request, establish and provide to the City, as security for the faithful 28 8516629v1 performance by Grantee of all of the provisions of this Franchise, a letter of credit from a financial institution satisfactory to the City in the amount of Twenty-five Thousand and No/100 Dollars ($25,000.00). In no event shall Grantee fail to post a Twenty-five Thousand and No/100 Dollar ($25,000.00) letter of credit within thirty (30) days receipt of a notice of franchise violation pursuant to this Section 10.1. Failure to post said letter of credit shall constitute a separate material violation of this Franchise unless the breach is cured within such thirty (30) Day period or longer period allowed under the Franchise. The letter of credit shall serve as a common security fund for the faithful performance by Grantee of all the provisions of this Franchise and compliance with all orders, permits and directions of the City and the payment by Grantee of any claim, liens, costs, expenses, and taxes due the City which arise by reason of the construction, operation or maintenance of the Cable System. Interest on this deposit shall be paid to Grantee by the bank on an annual basis. The security may be terminated by the Grantee upon the resolution of the alleged noncompliance. The obligation to establish the security fund required by this paragraph is unconditional. The fund must be established in those circumstances where Grantee disputes the allegation that it is not in compliance and maintained for the duration of the dispute. If Grantee fails to establish the security fund as required, the City may take whatever action is appropriate to require the establishment of that fund and may recover its costs, reasonable attorneys’ fees, and an additional penalty of Five Thousand and No/100 Dollars ($5,000) in that action. 10.2 Withdrawal of Funds. The security fund shall permit the City to withdraw funds upon demand (sight draft). Grantee shall not use the security fund for other purposes and shall not assign, pledge, or otherwise use this security fund as security for any purpose. 10.3 Restoration of Funds. Within ten (10) Days after notice to it that any amount has been withdrawn by the City from the security fund pursuant to Section 10.4 of this Franchise, Grantee shall deposit a sum of money sufficient to restore such security fund to the required amount. 10.4 Liquidated Damages. In addition to recovery of any monies owed by Grantee to City or damages to City as a result of any acts or omissions by Grantee pursuant to the Franchise, City in its sole discretion may charge to and collect from the security fund the following liquidated damages: (a) For failure to provide data, documents, reports, or information or to cooperate with City during an application process or System review, the liquidated damage shall be Two Hundred Fifty and No/100 Dollars ($250.00) per Day for each Day, or part thereof, such failure occurs or continues. (b) For failure to comply with any of the provisions of this Franchise for which a penalty is not otherwise specifically provided pursuant to this Paragraph 10.4, the liquidated damage shall be Two Hundred Fifty and No/100 Dollars ($250.00) per Day for each Day, or part thereof, such failure occurs or continues. (c) Forty-five (45) Days following notice from City of a failure of Grantee to comply with construction, operation or maintenance standards, the liquidated damage 29 8516629v1 shall be Five Hundred and No/100 Dollars ($500.00) per Day for each Day, or part thereof, such failure occurs or continues. (d) For failure to provide the services Grantee has proposed, including but not limited to the implementation and the utilization of the Access Channels the liquidated damage shall be Two Hundred Fifty and No/100 Dollars ($250.00) per Day for each Day, or part thereof, such failure occurs or continues. 10.5 Each Violation a Separate Violation. Each violation of any provision of this Franchise shall be considered a separate violation for which separate liquidated damages can be imposed. 10.6 Maximum Draw Per Violation. Any liquidated damages for any given violation shall be imposed upon Grantee for a maximum of Twenty-five Thousand and No/100 Dollars ($25,000). If after that amount of draw from the security fund Grantee has not cured or commenced to cure the alleged breach to the satisfaction of the City, the City may pursue all other remedies. 10.7 Withdrawal of Funds to Pay Taxes. If Grantee fails to pay to the City any taxes due and unpaid; or fails to repay to the City, any damages, costs or expenses which the City shall be compelled to pay by reason of any act or default of the Grantee in connection with this Franchise; or fails, after thirty (30) Days’ notice of such failure by the City to comply with any provision of the Franchise which the City reasonably determines can be remedied by an expenditure of the security, the City may then withdraw such funds from the security fund. Payments are not Franchise Fees as defined in Section 16 of this Franchise. 10.8 Procedure for Draw on Security Fund. Whenever the City finds that Grantee has allegedly violated one (1) or more terms, conditions or provisions of this Franchise, a written notice shall be given to Grantee. The written notice shall describe in reasonable detail the alleged violation so as to afford Grantee an opportunity to remedy the violation. Grantee shall have thirty (30) Days subsequent to receipt of the notice in which to correct the violation before the City may require Grantee to make payment of damages, and further to enforce payment of damages through the security fund. Grantee may, within ten (10) Days of receipt of notice, notify the City that there is a dispute as to whether a violation or failure has, in fact, occurred. Such notice by Grantee shall specify with particularity the matters disputed by Grantee and shall stay the running of the above-described time. (a) City shall hear Grantee’s dispute at the next regularly scheduled or specially scheduled Council meeting. Grantee shall have the right to speak and introduce evidence. The City shall determine if Grantee has committed a violation and shall make written findings of fact relative to its determination. If a violation is found, Grantee may petition for reconsideration. (b) If after hearing the dispute, the claim is upheld by the City, then Grantee shall have thirty (30) Days within which to remedy the violation before the City may require payment of all liquidated damages due it. 30 8516629v1 10.9 Time for Correction of Violation. The time for Grantee to correct any alleged violation may be extended by the City if the necessary action to collect the alleged violation is of such a nature or character as to require more than thirty (30) Days within which to perform provided Grantee commences corrective action within fifteen (15) Days and thereafter uses reasonable diligence, as determined by the City, to correct the violation. 10.10 Grantee’s Right to Pay Prior to Security Fund Draw. Grantee shall have the opportunity to make prompt payment of any assessed liquidated damages and if Grantee fails to promptly remit payment to the City, the City may resort to a draw from the security fund in accordance with the terms of this Franchise. 10.11 Failure to so Replenish Security Fund. If any security fund is not so replaced, City may draw on said security fund for the whole amount thereof and hold the proceeds, without interest, and use the proceeds to pay costs incurred by City in performing and paying for any or all of the obligations, duties and responsibilities of Grantee under this Franchise that are not performed or paid for by Grantee pursuant hereto, including attorneys’ fees incurred by the City in so performing and paying. The failure to so replace any security fund may also, at the option of City, be deemed a default by Grantee under this Franchise. The drawing on the security fund by City and use of the money so obtained for payment or performance of the obligations, duties and responsibilities of Grantee which are in default, shall not be a waiver or release of such default. 10.12 Collection of Funds Not Exclusive Remedy. The collection by City of any damages or monies from the security fund shall not affect any other right or remedy available to City, nor shall any act, or failure to act, by City pursuant to the security fund, be deemed a waiver of any right of City pursuant to this Franchise or otherwise. Notwithstanding this section, however, should the City elect to impose liquidated damages, that remedy shall remain the City’s exclusive remedy up to Twenty-five Thousand and No/100 Dollars set forth in Section 10.6. SECTION 11 DEFAULT 11.1 Basis for Default. City shall give written notice of default to Grantee if City, in its sole discretion, determines that Grantee has: (a) Violated any material provision of this Franchise or the acceptance hereto or any rule, order, regulation or determination of the City, state or federal government, not in conflict with this Franchise; or (b) Attempted to evade any material provision of this Franchise or the acceptance hereof; or (c) Practiced any fraud or deceit upon City or Subscribers resulting in material harm; or (d) Made a material misrepresentation of fact in the application for or negotiation of this Franchise. 31 8516629v1 11.2 Default Procedure. If Grantee fails to cure such default within thirty (30) Days after the giving of such notice (or if such default is of such a character as to require more than thirty (30) Days within which to cure the same, and Grantee fails to commence to cure the same within said thirty (30) Day period and thereafter fails to use reasonable diligence, in City’s sole opinion, to cure such default as soon as possible), then, and in any event, such default shall be a substantial breach and City may elect to terminate the Franchise. The City may place the issue of revocation and termination of this Franchise before the governing body of City at a regular meeting. If City decides there is cause or reason to terminate, the following procedure shall be followed: (a) City shall provide Grantee with a written notice of the reason or cause for proposed termination and shall allow Grantee a minimum of thirty (30) Days subsequent to receipt of the notice in which to correct the default. (b) Grantee shall be provided with an opportunity to be heard at a public hearing prior to any decision to terminate this Franchise. (c) If, after notice is given and an opportunity to cure, at Grantee’s option, a public hearing is held, and the City determines there was a violation, breach, failure, refusal or neglect, the City may declare by resolution the Franchise revoked and of no further force and effect unless there is compliance within such period as the City may fix, such period may not be less than thirty (30) Days provided no opportunity for compliance need be granted for fraud or misrepresentation. 11.3 Mediation. If the Grantee and City are unable to resolve a dispute through informal negotiations during the period of thirty (30) Days following the submission of the claim giving rise to the dispute by one (1) party to the other, then unless that claim has been waived as provided in the Franchise, such claim may be subject to mediation if jointly agreed upon by both parties. Unless the Grantee and City mutually agree otherwise, such mediation shall be in accordance with the rules of the American Arbitration Association currently in effect at the time of the mediation. A party seeking mediation shall file a request for mediation with the other party to the Franchise and with the American Arbitration Association. The request may be made simultaneously with the filing of a complaint, but, in such event, mediation shall proceed in advance of legal proceedings only if the other party agrees to participate in mediation. Mutually agreed upon mediation shall stay other enforcement remedies of the parties for a period of ninety (90) Days from the date of filing, unless stayed for a longer period by agreement of the Grantee and City. The Grantee and City shall each pay one-half of the mediator’s fee and any filing fees. The mediation shall be held in the City unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. Nothing herein shall serve to modify or on any way delay the franchise enforcement process set forth in Section 10 of this Franchise. 11.4 Failure to Enforce. Grantee shall not be relieved of any of its obligations to comply promptly with any provision of the Franchise by reason of any failure of the City to enforce prompt compliance, and City’s failure to enforce shall not constitute a waiver of rights or acquiescence in Grantee’s conduct. 32 8516629v1 11.5 Compliance with the Laws. (a) If any federal or state law or regulation shall require or permit City or Grantee to perform any service or act or shall prohibit City or Grantee from performing any service or act which may be in conflict with the terms of this Franchise, then as soon as possible following knowledge thereof, either party shall notify the other of the point in conflict believed to exist between such law or regulation. Grantee and City shall conform to state laws and rules regarding cable communications not later than one (1) year after they become effective, unless otherwise stated, and shall conform to federal laws and regulations regarding cable as they become effective. (b) If any term, condition or provision of this Franchise or the application thereof to any Person or circumstance shall, to any extent, be held to be invalid or unenforceable, the remainder hereof and the application of such term, condition or provision to Persons or circumstances other than those as to whom it shall be held invalid or unenforceable shall not be affected thereby, and this Franchise and all the terms, provisions and conditions hereof shall, in all other respects, continue to be effective and complied with provided the loss of the invalid or unenforceable clause does not substantially alter the agreement between the parties. In the event such law, rule or regulation is subsequently repealed, rescinded, amended, or otherwise changed so that the provision which had been held invalid or modified is no longer in conflict with the law, rules, and regulations then in effect, said provision shall thereupon return to full force and effect and shall thereafter be binding on Grantee and City. SECTION 12 FORECLOSURE AND RECEIVERSHIP 12.1 Foreclosure. Upon the foreclosure or other judicial sale of the Cable System, Grantee shall notify the City of such fact and such notification shall be treated as a notification that a change in control of Grantee has taken place, and the provisions of this Franchise governing the consent to transfer or change in ownership shall apply without regard to how such transfer or change in ownership occurred. 12.2 Receivership. The City shall have the right to cancel this Franchise subject to any applicable provisions of state law, including the Bankruptcy Act, one hundred twenty (120) Days after the appointment of a receiver or trustee to take over and conduct the business of Grantee, whether in receivership, reorganization, bankruptcy, or other action or proceeding, unless such receivership or trusteeship shall have been vacated prior to the expiration of said one hundred twenty (120) Days, or unless: (a) Within one hundred twenty (120) Days after his election or appointment, such receiver or trustee shall have fully complied with all the provisions of this Franchise and remedied all defaults thereunder; and (b) Such receiver or trustee, within said one hundred twenty (120) Days, shall have executed an agreement, duly approved by the Court having jurisdiction in the 33 8516629v1 premises, whereby such receiver or trustee assumes and agrees to be bound by each and every provision of this Franchise. SECTION 13 REPORTING REQUIREMENTS 13.1 Quarterly Reports. Within forty-five (45) calendar days after the end of each calendar quarter, Grantee shall submit to the City along with its Franchise Fee payment a report showing the basis for computation of the Franchise Fee and PEG Fee payments, signed by an authorized representative of Grantee, in form and substance substantially equivalent to Exhibit C attached hereto. This report shall separately indicate Grantee’s Gross Revenues within the City including, but not limited to such items as listed in the definition of “Gross Revenues” at Section 1.23 of this Franchise. 13.2 Monitoring and Compliance Reports. Upon request, but no more than once a year, Grantee shall provide a written report of any and all FCC technical performance tests for the residential network required in FCC Rules and Regulations as now or hereinafter constituted. In addition, Grantee shall provide City with copies of reports of the semi-annual test and compliance procedures established by this Franchise no later than thirty (30) Days after the completion of each series of tests. 13.3 Other Reports. Upon request of the City and in no event later than thirty (30) Days from the date of receipt of such request, Grantee shall, free of charge, prepare and furnish to the City, at the times and in the form prescribed, such additional reports with respect to its operation, affairs, transactions, or property, as may be reasonably necessary to ensure compliance with the terms of this Franchise. Grantee and City may in good faith agree upon taking into consideration Grantee’s need for the continuing confidentiality as prescribed herein. Neither City nor Grantee shall unreasonably demand or withhold information requested pursuant with the terms of this Franchise. 13.4 Confidential and Trade Secret Information. Grantee acknowledges that information submitted by Grantee to the City may be subject to the Minnesota Government Data Practices Act (“MGDPA”) pursuant to Minn. Stat. Ch. 13. The City shall follow all Applicable Laws and procedures for protecting any confidential and trade secret information of Grantee that may be provided to City. Grantee acknowledges that the City shall at all times comply with the MGDPA related to the release of information and nothing herein shall be read to modify the City’s obligations under the MGDPA. 13.5 Communications with Regulatory Agencies. (a) Upon written request, Grantee shall submit to City copies of any pleading, applications, notifications, communications, and documents of any kind, submitted by Grantee or its Affiliates to any federal, state, or local courts, regulatory agencies and other government bodies if such documents directly relate to the operations of Grantee’s Cable System within the Franchise Area. Grantee shall submit such documents to City no later than thirty (30) Days after receipt of City’s request. Grantee shall not claim confidential, privileged, or proprietary rights to such documents unless under federal, 34 8516629v1 state, or local law such documents have been determined to be confidential by a court of competent jurisdiction, or a federal or state agency. With respect to all other reports, documents and notifications provided to any federal, state, or local regulatory agency as a routine matter in the due course of operating Grantee’s Cable System within the Franchise Area, Grantee shall make such documents available to City upon City’s written request. (b) In addition, Grantee and its Affiliates shall within ten (10) Days of any communication to or from any judicial or regulatory agency regarding any alleged or actual violation of this Franchise, City regulation or other requirement relating to the System, use its best efforts to provide the City a copy of the communication, whether specifically requested by the City to do so or not. SECTION 14 CUSTOMER SERVICE POLICIES 14.1 Response to Customers and Cooperation with City. Grantee shall promptly respond to all requests for service, repair, installation, and information from Subscribers. Grantee acknowledges the City’s interest in the prompt resolution of all cable complaints and shall work in close cooperation with the City to resolve complaints. Grantee will continue to maintain an “escalated complaint process” to address unresolved complaints from Subscribers. A team of specifically identified employees of Grantee shall be available to the City and the Commission via email and telephone for reporting issues. These specifically identified employees of Grantee will have the ability to take actions to resolve Subscriber complaints relating to billing, property or service restoration, technical appointments, or any other Subscriber matters when necessary. Grantee will follow-up with the City or the Commission in writing by email (and by phone when necessary) with a summary of the results of the complaint(s). 14.2 Definition of “Complaint.” For the purposes of Section 14.1 and 14.4 only, the word “complaint” shall mean any communication to the Commission or the City by a Subscriber, and thereafter reported to the Grantee, expressing dissatisfaction with any service, performance, or lack thereof, by Grantee under the obligations of this Franchise. 14.3 Customer Service Agreement and Written Information. Grantee shall provide to Subscribers a comprehensive service agreement and information in writing for use in establishing Subscriber service. Written information shall, at a minimum, contain the following information: (a) Services to be provided and rates for such services. (b) Billing procedures. (c) Service termination procedure. (d) Change in service notifications. (e) Liability specifications. 35 8516629v1 (f) Converter/Subscriber terminal equipment policy. (g) Breach of Franchise specification. (h) How complaints are handled including Grantee’s procedure for investigation and resolution of Subscriber complaints. (i) The name, address, and phone number of the Person identified by the City as responsible for handling cable questions and complaints for the City. This information shall be prominently displayed, and Grantee shall submit the information to the City for review and approval as to its content and placement on Subscriber billing statements. A copy of the written information shall be provided to each Subscriber at the time of initial connection and any subsequent reconnection. 14.4 Reporting Complaints. (a) The requirements of this Section 14.4 shall be subject to federal law regarding Subscriber privacy. Grantee shall maintain all Subscriber data available for City inspection. Subscriber data shall include the date, name, address, telephone number of Subscriber complaints as well as the subject of the complaint, date and type of action taken to resolve the complaint, any additional action taken by Grantee or the Subscriber. The data shall be maintained in a way that allows for simplified access of the data by the City. (b) Subject to federal law and upon reasonable request by the City, Grantee shall, within a reasonable amount of time, provide City with such Subscriber data for its review. 14.5 Customer Service Standards. (a) The City hereby adopts the customer service standards set forth in Part 76, §76.309 of the FCC’s rules and regulations, as amended. (b) Grantee shall, upon request, which request shall include the reason for the request (such as complaints received or other reasonable evidence of concern), provide City with information which shall describe in detail Grantee’s compliance with each and every term and provision of this Section 14.5. (c) Grantee shall comply in all respects with the customer service requirements established by the FCC and those set forth herein. To the extent that this Franchise imposes requirements greater than those established by the FCC, Grantee reserves whatever rights it may have to recover the costs associated with compliance in any manner consistent with Applicable Law. 14.6 Local Office. Grantee shall maintain a convenient local customer service and bill payment location for matters such as receiving Subscriber payments, handling billing questions, equipment replacement and customer service information. 36 8516629v1 14.7 Cable System office hours and telephone availability. Grantee shall comply with the standards and requirements for customer service set forth in Section 14.5 – 14.21 during the term of this Franchise. (a) Grantee will maintain a local, toll-free or collect call telephone access line which will be available to its Subscribers twenty-four (24) hours a Day, seven (7) Days a week. (i) Trained Grantee representatives will be available to respond to customer telephone inquiries during Normal Business Hours. (ii) After Normal Business Hours, the access line may be answered by a service or an automated response system, including an answering machine. Inquiries received after Normal Business Hours must be responded to by a trained Grantee representative on the next business Day. (b) Under Normal Operating Conditions, telephone answer time by a customer representative, including wait time, shall not exceed thirty (30) seconds when the connection is made. If the call needs to be transferred, transfer time shall not exceed thirty (30) seconds. These standards shall be met no less than ninety percent (90%) of the time under Normal Operating Conditions, measured on a quarterly basis. (c) Grantee shall not be required to acquire equipment or perform surveys to measure compliance with the telephone answering standards above unless an historical record of complaints indicates a clear failure to comply. (d) Under Normal Operating Conditions, the customer will receive a busy signal less than three percent (3%) of the time. (e) Customer service center and bill payment locations will be open at least during Normal Business Hours and will be conveniently located. (f) The Grantee shall utilize such equipment and software and keep such records as are necessary or required to enable the City and Commission to determine whether the Grantee is complying with all telephone answering standards required by applicable customer service regulations and laws, as amended from time to time. The Grantee shall provide the Commission with a quarterly report documenting Grantee’s compliance with this Section 14.7 as is the current practice 14.8 Installations, Outages and Service Calls. Under Normal Operating Conditions, each of the following standards will be met no less than ninety-five percent (95%) of the time measured on a quarterly basis: (a) Standard Installations will be performed within seven (7) business days after an order has been placed. “Standard” Installations are those that are located up to one hundred twenty-five (125) feet from the existing distribution system as more specifically set forth in Section 6.6(c). 37 8516629v1 (b) Excluding conditions beyond the control of Grantee, Grantee will begin working on “Service Interruptions” promptly and in no event later than twenty-four (24) hours after the interruption becomes known. Grantee must begin actions to correct other Service problems the next business Day after notification of the Service problem. (c) The “appointment window” alternatives for Installations, Service calls, and other Installation activities will be either a specific time or, at maximum, a four (4) hour time block during Normal Business Hours. (Grantee may schedule Service calls and other Installation activities outside of Normal Business Hours for the express convenience of the customer.) (d) Grantee may not cancel an appointment with a customer after the close of business on the business Day prior to the scheduled appointment. (e) If Grantee’s representative is running late for an appointment with a customer and will not be able to keep the appointment as scheduled, the customer will be contacted. The appointment will be rescheduled, as necessary, at a time which is convenient for the customer. 14.9 Communications between Grantee and Subscribers. (a) Refunds. Refund checks will be issued promptly, but no later than either: (i) The customer’s next billing cycle following resolution of the request or thirty (30) Days, whichever is earlier, or (ii) The return of the equipment supplied by Grantee if Cable Service is terminated. (b) Credits. Credits for Cable Service will be issued no later than the customer’s next billing cycle following the determination that a credit is warranted. 14.10 Billing: (a) Consistent with 47 C.F.R. § 76.1619, bills will be clear, concise and understandable. Bills must be fully itemized, with itemizations including, but not limited to, Basic Cable Service and premium Cable Service charges and equipment charges. Bills will also clearly delineate all activity during the billing period, including optional charges, rebates and credits. (b) In case of a billing dispute, Grantee must respond to a written complaint from a Subscriber within thirty (30) Days. 14.11 Subscriber Information. (a) Grantee will provide written information on each of the following areas at the time of Installation of Service, at least annually to all Subscribers, and at any time upon request: 38 8516629v1 (i) Products and Services offered; (ii) Prices and options for programming services and conditions of subscription to programming and other services; (iii) Installation and Service maintenance policies; (iv) Instructions on how to use the Cable Service; (v) Channel positions of programming carried on the System; and (vi) Billing and complaint procedures, including the address and telephone number of the City’s cable office. (b) Subscribers shall be advised of the procedures for resolution of complaints about the quality of the television signal delivered by Grantee, including the address of the responsible officer of the City. Subscribers will be notified of any changes in rates, programming services or Channel positions as soon as possible in writing. Notice must be given to Subscribers a minimum of thirty (30) Days in advance of such changes if the change is within the control of Grantee. In addition, Grantee shall notify Subscribers thirty (30) Days in advance of any significant changes in the information required by this Section 14.11. 14.12 Notice or Rate Programming Change. In addition to the requirement of this Section 14.12 regarding advance notification to Subscribers of any changes in rates, programming services or Channel positions, Grantee shall give thirty (30) Days written notice to both Subscribers and the City before implementing any rate or Service change. Such notice shall state the precise amount of any rate change and briefly explain in readily understandable fashion the cause of the rate change (e.g., inflation, change in external costs or the addition/deletion of Channels). When the change involves the addition or deletion of Channels, each Channel added or deleted must be separately identified. For purposes of the carriage of digital broadcast signals, Grantee need only identify for Subscribers, the television signal added and not whether that signal may be multiplexed during certain dayparts. 14.13 Subscriber Contracts. Grantee shall, upon written request, provide the City with any standard form residential Subscriber contract utilized by Grantee. If no such written contract exists, Grantee shall file with the City a document completely and concisely stating the length and terms of the Subscriber contract offered to customers. The length and terms of any standard form Subscriber contract(s) shall be available for public inspection during Normal Business Hours. A list of Grantee’s current Subscriber rates and charges for Cable Service shall be maintained on file with City and shall be available for public inspection. 14.14 Refund Policy. If a Subscriber’s Cable Service is interrupted or discontinued, without cause, for twenty-four (24) or more consecutive hours, Grantee shall, upon request by the Subscriber, credit such Subscriber pro rata for such interruption. For this purpose, every month will be assumed to have thirty (30) Days. 39 8516629v1 14.15 Late Fees. Grantee shall comply with all Applicable Laws with respect to any assessment, charge, cost, fee or sum, however characterized, that Grantee imposes upon a Subscriber for late payment of a bill. The City reserves the right to enforce Grantee’s compliance with all Applicable Laws to the maximum extent legally permissible. 14.16 Disputes. All Subscribers and members of the general public may direct complaints, regarding Grantee’s Service or performance to the chief administrative officer of the City or the chief administrative officer’s designee, which may be a board or a commission of the City. 14.17 Subscriber Bills. Subscriber bills shall be designed in such a way as to present the information contained therein clearly and comprehensibly to Subscribers, and in a way that (A) is not misleading and (B) does not omit material information. Grantee may, in its sole discretion, consolidate costs on Subscriber bills as may otherwise be permitted by Section 622(c) of the Cable Act (47 U.S.C. §542(c)). 14.18 Failure to Resolve Complaints. Grantee shall resolve a complaint within thirty (30) Days in a manner deemed reasonable by the City under the terms of this Franchise. 14.19 Notification of Complaint Procedure. Grantee shall have printed clearly and prominently on each Subscriber bill and in the customer service agreement provided for in Section 14.3, the twenty-four (24) hour Grantee phone number for Subscriber complaints. Additionally, Grantee shall provide information to customers concerning the procedures to follow when they are unsatisfied with measures taken by Grantee to remedy their complaint. This information will include the phone number of the City office or Person designated to handle complaints. Additionally, Grantee shall state that complaints should be made to Grantee prior to contacting the City. 14.20 Subscriber Privacy. (a) To the extent required by Minn. Stat. §238.084 Subd. 1(s) Grantee shall comply with the following: (i) No signals including signals of a Class IV Channel may be transmitted from a Subscriber terminal for purposes of monitoring individual viewing patterns or practices without the express written permission of the Subscriber. The request for permission must be contained in a separate document with a prominent statement that the Subscriber is authorizing the permission in full knowledge of its provisions. Such written permission shall be for a limited period of time not to exceed one (1) year which may be renewed at the option of the Subscriber. No penalty shall be invoked for a Subscriber’s failure to provide or renew such permission. The permission shall be revocable at any time by the Subscriber without penalty of any kind whatsoever. (ii) No information or data obtained by monitoring transmission of a signal from a Subscriber terminal, including but not limited to lists of the names and addresses of Subscribers or any lists that identify the viewing habits of Subscribers shall be sold or otherwise made available to any party other than to 40 8516629v1 Grantee or its agents for Grantee’s business use, and also to the Subscriber subject of that information, unless Grantee has received specific written permission from the Subscriber to make such data available. The request for permission must be contained in a separate document with a prominent statement that the Subscriber is authorizing the permission in full knowledge of its provisions. Such written permission shall be for a limited period of time not to exceed one (1) year which may be renewed at the option of the Subscriber. No penalty shall be invoked for a Subscriber’s failure to provide or renew such permission. The permission shall be revocable at any time by the Subscriber without penalty of any kind whatsoever. (iii) Written permission from the Subscriber shall not be required for the conducting of system wide or individually addressed electronic sweeps for the purpose of verifying System integrity or monitoring for the purpose of billing. Confidentiality of such information shall be subject to the provision set forth in subparagraph (ii) of this section. 14.21 Grantee Identification. Grantee shall provide all customer service technicians and all other Grantee employees entering private property with appropriate picture identification so that Grantee employees may be easily identified by the property owners and Subscribers. SECTION 15 SUBSCRIBER PRACTICES 15.1 Subscriber Rates. There shall be no charge for disconnection of any installation or outlet. If any Subscriber fails to pay a properly due monthly Subscriber fee, or any other properly due fee or charge, Grantee may disconnect the Subscriber’s service outlet, provided, however, that such disconnection shall not be affected until after the later of: (i) forty-five (45) Days after the original due date of said delinquent fee or charge; or (ii) ten (10) Days after delivery to Subscriber of written notice of the intent to disconnect. If a Subscriber pays before expiration of the later of (i) or (ii), Grantee shall not disconnect. After disconnection, upon payment in full of the delinquent fee or charge and the payment of a reconnection charge, Grantee shall promptly reinstate the Subscriber’s Cable Service. 15.2 Refunds to Subscribers shall be made or determined in the following manner: (a) If Grantee fails, upon request by a Subscriber, to provide any service then being offered, Grantee shall promptly refund all deposits or advance charges paid for the service in question by said Subscriber. This provision does not alter Grantee’s responsibility to Subscribers under any separate contractual agreement or relieve Grantee of any other liability. (b) If any Subscriber terminates any monthly service because of failure of Grantee to render the service in accordance with this Franchise, Grantee shall refund to such Subscriber the proportionate share of the charges paid by the Subscriber for the services not received. This provision does not relieve Grantee of liability established in other provisions of this Franchise. 41 8516629v1 (c) If any Subscriber terminates any monthly service prior to the end of a prepaid period, a proportionate amount of any prepaid Subscriber service fee, using the number of days as a basis, shall be refunded to the Subscriber by Grantee. SECTION 16 COMPENSATION AND FINANCIAL PROVISIONS. 16.1 Franchise Fees. (a) During the term of the Franchise, Grantee shall pay to the City a Franchise Fee of five percent (5%) of Gross Revenues. If any such law, regulation, or valid rule alters the five percent (5%) Franchise Fee ceiling enacted by the Cable Act, then the City shall have the authority to (but shall not be required to) increase the Franchise Fee, accordingly, provided such increase is for purposes not inconsistent with Applicable Law. (b) In the event Grantee bundles or combines Cable Services (which are subject to the Franchise Fee) with non-Cable Services (which are not subject to the Franchise Fee) so that Subscribers pay a single fee for more than one (1) class of service resulting in a discount on Cable Services, Grantee agrees that for the purpose of calculation of the Franchise Fee, it shall allocate to Cable Service revenue no less than a pro rata share of the revenue received for the bundled or combined services. The pro rata share shall be computed on the basis of the published charge for each service in the bundled or combined classes of services when purchased separately. (c) Franchise Fees shall be paid quarterly not later than forty-five (45) Days following the end of a given quarter. In accordance with Section 16 of this Franchise, Grantee shall file with the City a Franchise Fee payment worksheet, attached as Exhibit C, signed by an authorized representative of Grantee, which identifies Gross Revenues earned by Grantee during the period for which payment is made. No acceptance of any payment shall be construed as an accord that the amount paid is, in fact, the correct amount, nor shall such acceptance of payment be construed as a release of any claim which the City may have for further or additional sums payable under the provisions of this section. (d) Neither current nor previously paid Franchise Fees shall be subtracted from the Gross Revenue amount upon which Franchise Fees are calculated and due for any period, unless otherwise required by Applicable Law. (e) Any Franchise Fees owing pursuant to this Franchise which remain unpaid more than forty-five (45) Days after the dates specified herein shall be delinquent and shall thereafter accrue interest at twelve percent (12%) per annum or two percent (2%) above prime lending rate as quoted by the Wall Street Journal, whichever is greater. 16.2 Auditing and Financial Records. Throughout the term of this Franchise, the Grantee agrees that the City, upon reasonable prior written notice of twenty (20) Days to the Grantee, may review such of the Grantee’s books and records regarding the operation of the Cable System and the provision of Cable Service in the Franchise Area which are reasonably 42 8516629v1 necessary to monitor and enforce Grantee’s compliance with the provisions of this Franchise. Grantee shall provide such requested information as soon as possible and in no event more than thirty (30) Days unless Grantee explains that it is not feasible to meet this timeline and provides a written explanation for the delay and an estimated reasonable date for when such information will be provided. All such documents pertaining to financial matters that may be the subject of an inspection by the City shall be retained by the Grantee for a minimum period of six (6) years, pursuant to Minn. Stat. § 541.05. The Grantee shall not deny the City access to any of the Grantee’s records on the basis that the Grantee’s records are under the control of any parent corporation, Affiliated Entity or a third party. The City may request in writing copies of any such records or books that are reasonably necessary, and the Grantee shall provide such copies within thirty (30) Days of the receipt of such request. One (1) copy of all reports and records required under this or any other section shall be furnished to the City at the sole expense of the Grantee. If the requested books and records are too voluminous, or for security reasons cannot be copied or removed, then the Grantee may request, in writing within ten (10) Days of receipt of such request, that the City inspect them at the Grantee’s local offices or at one of Grantee’s offices more convenient to City or its duly authorized agent. If any books or records of the Grantee are not kept in such office and not made available in copies to the City upon written request as set forth above, and if the City determines that an examination of such records is necessary for the enforcement of this Franchise, then all reasonable travel expenses incurred in making such examination shall be paid by the Grantee. 16.3 Review of Record Keeping Methodology. Grantee agrees to meet with representative of the City upon request to review its methodology of record-keeping, financial reporting, computing Franchise Fee obligations, and other procedures the understanding of which the City deems necessary for understanding the meaning of reports and records. 16.4 Audit of Records. The City or its authorized agent may at any time and at the City’s own expense conduct an independent audit of the revenues of Grantee in order to verify the accuracy of Franchise Fees or PEG Fees paid to the City under this Franchise. Grantee and each parent company of Grantee shall cooperate fully in the conduct of such audit. In the event it is determined through such audit that Grantee has underpaid Franchise Fees in an amount of five percent (5%) or more than was due the City, then Grantee shall reimburse the City for the entire cost of the audit within thirty (30) days of the completion and acceptance of the audit by the City. 16.5 Records to be reviewed. The City agrees to request access to only those books and records, in exercising its rights under this section, which it deems reasonably necessary for the enforcement and administration of the Franchise. 16.6 Indemnification by Grantee. Grantee shall, at its sole expense, fully indemnify, defend and hold harmless the City, and in their capacity as such, the officers and employees thereof, from and against any and all claims, suits, actions, liability and judgments for damage or otherwise except those arising wholly from negligence on the part of the City or its employees; for actual or alleged injury to persons or property, including loss of use of property due to an occurrence, whether or not such property is physically damaged or destroyed, in any way arising out of or through or alleged to arise out of or through the acts or omissions of Grantee or its officers, agents, employees, or contractors or to which Grantee’s or its officers, agents, 43 8516629v1 employees or contractors acts or omissions in any way contribute, and whether or not such acts or omissions were authorized or contemplated by this Franchise or Applicable Law; arising out of or alleged to arise out of any claim for damages for Grantee’s invasion of the right of privacy, defamation of any Person, firm or corporation, or the violation of infringement of any copyright, trademark, trade name, service mark or patent, or of any other right of any Person, firm or corporation; arising out of or alleged to arise out of Grantee’s failure to comply with the provisions of any Applicable Law. Nothing herein shall be deemed to prevent the City, its officers, or its employees from participating in the defense of any litigation by their own counsel at such parties’ expense. Such participation shall not under any circumstances relieve Grantee from its duty of defense against liability or of paying any judgment entered against the City, its officers, or its employees. 16.7 Grantee Insurance. Upon the Effective Date, Grantee shall, at its sole expense take out and maintain during the term of this Franchise public liability insurance with a company licensed to do business in the State of Minnesota with a rating by A.M. Best & Co. of not less than “A-” that shall protect the Grantee, City and its officials, officers, directors, employees and agents from claims which may arise from operations under this Franchise, whether such operations be by the Grantee, its officials, officers, directors, employees and agents or any subcontractors of Grantee. This liability insurance shall include, but shall not be limited to, protection against claims arising from bodily and personal injury and damage to property, resulting from Grantee’s vehicles, products, and operations. The amount of insurance for single limit coverage applying to bodily and personal injury and property damage shall not be less than Three Million and No/100 Dollars ($3,000,000.00). The liability policy shall include: (a) The policy shall provide coverage on an “occurrence” basis. (b) The policy shall cover personal injury as well as bodily injury. (c) The policy shall cover blanket contractual liability subject to the standard universal exclusions of contractual liability included in the carrier’s standard endorsement as to bodily injuries, personal injuries and property damage. (d) Broad form property damage liability shall be afforded. (e) City shall be named as an additional insured on the policy. (f) An endorsement shall be provided which states that the coverage is primary insurance with respect to claims arising from Grantee’s operations under this Franchise and that no other insurance maintained by the City will be called upon to contribute to a loss under this coverage. (g) Standard form of cross-liability shall be afforded. (h) An endorsement stating that the policy shall not be canceled without thirty (30) Days’ notice of such cancellation given to City (i) City reserves the right to adjust the insurance limit coverage requirements of this Franchise no more than once every three (3) years. Any such adjustment by City 44 8516629v1 will be no greater than the increase in the State of Minnesota Consumer Price Index (all consumers) for such three (3) year period. (j) Upon the Effective Date, Grantee shall submit to City a certificate documenting the required insurance, as well as any necessary properly executed endorsements. The certificate and documents evidencing insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Grantee 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 endorsements or certificates or other evidence of insurance, or to advise Grantee of any deficiencies in such documents and receipt thereof shall not relieve Grantee from, nor be deemed a waiver of, City’s right to enforce the terms of Grantee’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph or to require further documentation reasonably necessary to form an opinion regarding the adequacy of Grantee’s insurance coverage. SECTION 17 MISCELLANEOUS PROVISIONS. 17.1 Posting and Publication. The Summary of Ordinance for Publication (“Summary”) attached hereto as Exhibit D shall be published at least once in the official newspaper of the City. Grantee shall assume the cost of posting and publication of the Summary as such posting and publication is required by law and such is payable upon Grantee’s filing of acceptance of this Franchise. 17.2 Guarantee of Performance. Grantee agrees that it enters into this Franchise voluntarily in order to secure and in consideration of the grant from the City of a ten (10) year Franchise. Performance pursuant to the terms and conditions of this Franchise is guaranteed by Grantee. 17.3 Entire Agreement. This Franchise contains the entire agreement between the parties, supersedes all prior agreements or proposals except as specifically set forth herein, and cannot be changed orally but only by an instrument in writing executed by the parties. 17.4 Consent. Wherever the consent or approval of either Grantee or the City is specifically required in this agreement, such consent or approval shall not be unreasonably withheld. 17.5 Prior Franchise Terminated. The cable television franchise as originally granted by Ordinance No. 26-2012 is hereby terminated. 17.6 Franchise Acceptance. No later than forty-five (45) Days following City Council approval of this Franchise, Grantee shall accept and return to the City an executed Franchise along with performance bonds, security funds, and evidence of insurance, all as provided in this Franchise. In the event Grantee fails to accept this Franchise, or fails to provide the required documents, this Franchise shall be null and void. The Grantee agrees that despite the fact that its written acceptance may occur after the Effective Date, the obligations of this Franchise shall become effective on February 1, 2023. 45 8516629v1 17.7 Amendment of Franchise. Grantee and City may agree, from time to time, to amend this Franchise. Such written amendments may be made subsequent to a review session pursuant to Section 2.6 or at any other time if City and Grantee agree that such an amendment will be in the public interest or if such an amendment is required due to changes in Applicable Laws; provided, however, nothing herein shall restrict City’s exercise of its police powers. 17.8 Notice. All notices, reports, or demands required to be given in writing under this Franchise shall be deemed to be given when delivered personally to any officer of the Grantee or the City’s administrator of this Franchise during Normal Business Hours or forty-eight (48) hours after it is deposited in the United States mail in a sealed envelope, with registered or certified mail postage prepaid thereon, addressed to the party to whom notice is being given, as follows: To the City: City Manager, City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 To the Grantee: Comcast Regional Vice President of Operations 10 River Park Place St. Paul, MN 55107 Such addresses may be changed by either party upon notice to the other party given as provided in this section. Recognizing the widespread usage and acceptance of electronic forms of communication, emails and faxes will be acceptable as formal notification related to the conduct of general business amongst the parties to this contract, including but not limited to programming and price adjustment communications. Such communication should be addressed and directed to the Person of record as specified above. 17.9 Force Majeure. In the event that either party is prevented or delayed in the performance of any of its obligations, under this Franchise by reason of acts of God, floods, fire, hurricanes, tornadoes, earthquakes, or other unavoidable casualties, insurrection, war, riot, vandalism, strikes, delays in receiving permits where it is not the fault of Grantee, public easements, sabotage, acts or omissions of the other party, or any other similar event beyond the reasonable control of that party, it shall have a reasonable time under the circumstances to perform such obligation under this Franchise, or to procure a substitute for such obligation to the reasonable satisfaction of the other party. 17.10 Work of Contractors and Subcontractors. Work by contractors and subcontractors is subject to the same restrictions, limitations and conditions as if the work were performed by Grantee. Grantee shall be responsible for all work performed by its contractors and subcontractors, and others performing work on its behalf as if the work were performed by it and shall ensure that all such work is performed in compliance with this Franchise, the City Code and other Applicable Law, and shall be jointly and severally liable for all damages and correcting all damage caused by them. It is Grantee’s responsibility to ensure that contractors, subcontractors or other Persons performing work on Grantee’s behalf are familiar with the 46 8516629v1 requirements of this Franchise, the City Code and other Applicable Laws governing the work performed by them. 17.11 Governing Law. This Franchise is made pursuant to Minnesota Statutes Chapter 238 and the City Code and is intended to comply with all requirements set forth therein. This Franchise shall be deemed to be executed in the State of Minnesota, and shall be governed in all respects, including validity, interpretation and effect, and construed in accordance with, the laws of the State of Minnesota, as applicable to contracts entered into and performed entirely within the state. 17.12 Nonenforcement by City. Grantee shall not be relieved of its obligation to comply with any of the provisions of this Franchise by reason of any failure of the City or to enforce prompt compliance. 17.13 Captions. The paragraph captions and headings in this Franchise are for convenience and reference purposes only and shall not affect in any way the meaning of interpretation of this Franchise. 17.14 Calculation of Time. Where the performance or doing of any act, duty, matter, payment or thing is required hereunder and the period of time or duration for the performance is prescribed and fixed herein, the time shall be computed so as to exclude the first and include the last Day of the prescribed or fixed period or duration of time. When the last Day of the period falls on Saturday, Sunday, or a legal holiday, that Day shall be omitted from the computation and the next business Day shall be the last Day of the period. 17.15 No Waiver. All rights and remedies given to the City by this Franchise or retained by the City herein shall be in addition to and cumulative with any and all other rights and remedies, existing or implied, now or hereafter available to the City, at law or in equity, and such rights and remedies shall not be exclusive, but each and every right and remedy specifically given by this Franchise or otherwise existing or given may be exercised from time to time and as often and in such order as may be deemed expedient by the City and the exercise of one or more rights or remedies shall not be deemed a waiver of the right to exercise at the same time or thereafter any other right or remedy. 17.16 Grantee Acknowledgment of Validity of Franchise. Grantee acknowledges that it has had an opportunity to review the terms and conditions of this Franchise and that under current law Grantee believes that said terms and conditions are not unreasonable or arbitrary, and that Grantee believes the City has the power to make the terms and conditions contained in this Franchise. 17.17 Survival of Terms. Upon the termination or forfeiture of the Franchise, Grantee shall no longer have the right to occupy the Streets for the purpose of providing Cable Service. However, Grantee’s obligations to the City (other than the obligation to provide service to Subscribers) shall survive according to their terms. 47 8516629v1 17.18 Competitive Equity (a) The City reserves the right to grant additional franchises or similar authorizations to provide Cable Services or Video Programming services via Cable Systems or other Wireline MVPDs. The City intends to treat Wireline MVPDs in a nondiscriminatory manner to the extent permissible under Applicable Law. If, following the Effective Date of this Franchise, the City grants such an additional franchise or authorization to a Wireline MVPD and Grantee believes the City has done so on terms materially more favorable than the obligations under this Franchise, then the provisions of this Section 17.18 will apply. (b) As part of this Franchise, the City and Grantee have mutually agreed upon the following terms as a condition of granting the Franchise, which terms may place the Grantee at a significant competitive disadvantage if not required of a Wireline MVPD: the obligation to pay to the City a Franchise Fee, Gross Revenues as provided for and defined in this Franchise, and the obligation to comply with the requirements in this Franchise regarding PEG funding, PEG Channels, security instruments, audits, remedies, and customer service obligations (hereinafter "Material Obligations"). The City and Grantee further agree that this provision shall not require a word for word identical franchise or authorization for competitive equity so long as the regulatory and financial burdens on each entity are materially equivalent. (c) Within one (1) year of the adoption of a Wireline MVPD franchise or similar authorization, Grantee must notify the City in writing of the Material Obligations in this Franchise that Grantee believes exceed the Material Obligations of the wireline competitor's franchise or similar authorization. The City and Grantee agree that they will use best efforts in good faith to negotiate Grantee's proposed Franchise modifications, and that such negotiation will proceed and conclude within a ninety (90) Day time period, unless that time period is reduced or extended by mutual agreement of the parties. If the City and Grantee reach agreement on the Franchise modifications pursuant to such negotiations, then the City shall amend this Franchise to include the modifications. If the City and Grantee fail to reach agreement in such negotiations, Grantee may, at its option, elect to replace this Franchise by opting into the franchise or other similar lawful authorization that the City grants to another Wireline MVPD (with the understanding that Grantee may use its current system design and technology infrastructure to meet any requirements of the new franchise), so as to ensure that the regulatory and financial burdens on each entity are equivalent. If Grantee so elects and following the ninety (90) Day negotiation time period set forth in this paragraph 17.18 (c), the City shall immediately commence proceedings to replace this Franchise with the franchise issued to the other Wireline MVPD. Notwithstanding anything contained in this section to the contrary, the City shall not be obligated to amend or replace this Franchise unless the new entrant makes Cable Services or similar downstream Video programming service available for purchase by Subscribers or customers under its franchise agreement with or similar authorization from the City. (d) In the event the City disputes that the Material Obligations are different, Grantee may bring an action in federal or state court for a determination as to whether the 48 8516629v1 Material Obligations are different and as to what franchise amendments would be necessary to remedy the disparity. Alternatively, Grantee may notify the City that it elects to immediately commence the renewal process under 47 U.S.C. § 546 and to have the remaining term of this Franchise shortened to not more than thirty (30) months. (e) Nothing in this Section 17.18 is intended to alter the rights or obligations of either party under Applicable Law, and it shall only apply to the extent permitted under Applicable Law and FCC orders. In no event will the City be required to refund or to offset against future amounts due the value of benefits already received. (f) To the extent the City has legal authority to mandate a Cable Service franchise or similar authorization to a wireless provider of Cable Service, the competitive equity rights provided by this section shall apply with respect to Material Obligations imposed in such franchise or other similar agreement. In the event of a dispute regarding the City's legal authority, Grantee shall have the burden to demonstrate that such authority exists or does not exist. 17.19 FCC Preemption. (a) At any time after this Franchise is approved by the City Council, the Grantee may, if Grantee is legally permitted by Applicable Law, provide the City with a written list of “in-kind cable-related contributions” (as that term is defined by the FCC in the Section 621 Order) that the Franchise requires Grantee to provide (including but not limited to the Complimentary Service requirements in Section 6.8) and the incremental cost(s) associated with the provision of the in-kind cable-related contributions. Within one hundred and twenty (120) days of receiving the aforementioned list, the City will notify the Grantee whether, with respect to each identified in-kind cable-related contribution, the Grantee is relieved, or temporarily relieved, of its obligations or is required to comply, subject either to the Grantee taking an offset to the Franchise Fee payments payable under Section 16.1 as may be permitted by the Section 621 Order or to the Grantee and the City agreeing to a separately negotiated charge payable by the City to the Grantee. (b) In the event the Section 621 Order is stayed or overturned in whole or in part by action of the FCC, the City and the Grantee will meet promptly to discuss what impact such action has on the provision of the in-kind cable-related contributions to which this section applies. It is the intent of the parties that the City shall be treated by the Grantee in a reasonably comparable manner as other jurisdictions within the Twin Cities Region with respect to any offsets or charges imposed by Grantee for the provision of Complimentary Service. Nothing herein waives the City’s right to enforce Grantee’s compliance with all lawful obligations contained in this Franchise. 17.20 Treatment of Negotiated Provisions. For the term of this Franchise any costs incurred by Grantee pursuant to Sections 7.2(c), 7.5(c), 7.8, 7.10, 7.11, 7.12, 7.13, 7.16(b), 7.17, 7.18, 7.19, 13.1, 13.2, and 13.3, shall be treated by Grantee as Grantee’s business expense and not a Franchise Fee under Sections 1.23 and 16.1 of this Franchise or as a PEG Fee under Section 7.15 of this Franchise. Grantee reserves any rights it may have to recover 49 8516629v1 from Subscribers, as a separate line item from the PEG Fee in Section 7.15 of this Franchise, any PEG capital costs set forth in Section 7.2(a) and (c), 7.8, 7.10, 7.11, 7.12, 7.14 and 7.16 as may be permitted by Applicable Law as of the Effective Date. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 13th day of June, 2023, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the ____ day of _____, 2023. ATTEST: CITY OF EDEN PRAIRIE, MINNESOTA Nicole Tingley, City Clerk Ronald A. Case, Mayor Published in the Sun Sailor on the _____ day of _______, 2023. 50 8516629v1 ACCEPTED: This Franchise is accepted, and Comcast of Minnesota, Inc. agrees to be bound by its terms and conditions. COMCAST OF MINNESOTA, INC. By: Its: A-1 8516629v1 EXHIBIT A COMPLIMENTARY SERVICE LOCATIONS BUILDING ADDRESS CITY 1. Eden Prairie Senior Center 8950 Eden Prairie Rd Eden Prairie 2. Eden Prairie City Hall 8080 Mitchell Rd Ofc Eden Prairie 3. Hennepin Tech College 13100 Collegeview Rd Eden Prairie 4. Eden Prairie School District 8100 School Rd Ste Metro E Eden Prairie 5. Oak Point Elementary 13400 Staring Lake Pkwy Eden Prairie 6. Cedar Ridge Elementary 8905 Braxton Dr Eden Prairie 7. Eden L Elementary 12000 Anderson Lakes Pkwy Eden Prairie 8. Prairie View Elementary 17255 Peterborg Rd Eden Prairie 9. Fire 3, Eden Prairie 7350 Eden Prairie Rd Eden Prairie 10. Fire Station #1, Eden Prairie 14800 Scenic Heights Rd Eden Prairie 11. Fire Station #4, Eden Prairie 17920 Linwood Ct Eden Prairie 12. Fire Station, Eden Prairie 12100 Sunnybrook Rd Eden Prairie 13. Eden Prairie High School 17185 Valley View Rd Eden Prairie 14. Forest High School 13708 Holly Rd Eden Prairie 15. Eden Prairie Library 479 Prairie Center Dr Eden Prairie 16. Central Middle School 8025 School Rd Eden Prairie 17. Eden Prairie Police Station 7900 Mitchell Rd Eden Prairie 18. Eden Prairie Dispatch 8080 Mitchell Rd Apt Cops Eden Prairie 19. Spanish Immersion School 8100 School Rd Eden Prairie * For as long as the building remains publicly owned and operated. If the building is leased or operated by a commercial tenant, Grantee’s voluntary courtesy service offer will expire. B-1 8516629v1 EXHIBIT B EXISTING PEG TRANSPORT LOCATIONS BUILDING STREET ADDRESS Eden Prairie City Hall 8080 Mitchell Road C-1 8516629v1 EXHIBIT C FRANCHISE FEE PAYMENT WORKSHEET PEG Fee 1.5% Nothing in this Franchise Fee Payment Worksheet shall serve to modify the definition of “Gross Revenues” set forth in this Franchise. D-1 8516629v1 EXHIBIT D SUMMARY OF ORDINANCE FOR PUBLICATION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE ___-2023 AN ORDINANCE GRANTING A FRANCHISE TO COMCAST OF MINNESOTA, INC. TO CONSTRUCT, OPERATE AND MAINTAIN A CABLE SYSTEM IN THE CITY OF EDEN PRAIRIE, MINNESOTA SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF THE FRANCHISE; PROVIDING FOR REGULATION AND USE OF THE SYSTEM AND THE PUBLIC RIGHTS-OF-WAY; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF THE PROVISIONS HEREIN. On , 2023, the City of Eden Prairie, Minnesota (“City”) adopted an ordinance granting a Cable Television Franchise to Comcast of Minnesota, Inc. (“Comcast”). The Franchise serves two (2) purposes. First, it is intended to provide for and specify the means to attain the best possible cable service for the public by providing requirements for cable with respect to technical standards, customer service obligations, and related matters. Second, it grants a non-exclusive cable television franchise to Comcast, to operate, construct and maintain a cable system within the City and contains specific requirements for Comcast to do so. The Franchise includes the following: 1) a Franchise Fee of 5% of Comcast’s annual gross revenues; 2) a Franchise term of ten (10) years; 3) incorporation of the City Code regarding right-of-way protections; 4) a list of schools and public buildings entitled to receive complimentary cable service; 5) dedicated channel capacity for public, education and government (“PEG”) access programming; 6) a PEG Fee of 1.5% of Comcast’s annual gross revenues to support local access programming as permitted under applicable law; 7) strong customer service standards regarding Comcast’s cable services; and 8) a performance bond and letter of credit to enforce Comcast’s compliance with the Franchise. Persons interested in reviewing a complete copy of the Ordinance may do so at the Eden Prairie City Hall at 8080 Mitchell Road, Eden Prairie, MN 55344 during the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday. 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 CITY COUNCIL AGENDA SECTION: Appointments DATE June 13, 2023 DEPARTMENT Rick Getschow City Manager ITEM DESCRIPTION Student on Commissions Appointments for the 2023-2024 School Year ITEM NO. XIII.A. Requested Action Move to: • Appoint to the Flying Cloud Airport Advisory Commission – • Appoint to the Heritage Preservation Commission – • Appoint to the Human Rights and Diversity Commission – • Appoint to the Parks, Recreation, and Natural Resources Commission – • Appoint to the Sustainability Commission – Synopsis Applications for Students on Commissions positions were accepted from mid-April to the end of May. 65 applications were received this year, and there were more applicants than spots available on Commissions. Commission Staff Liaisons reviewed the applications. The appointment recommendations are based on the students’ stated Commission preferences and the quality of their applications. An orientation session will be held in late August. Background Information In 1992, the City Council initiated a program to provide student residents in Eden Prairie with the opportunity to serve on City Commissions as non-voting members. The program has grown and changed over time to reflect modifications made to the City’s Commissions, the addition of Commissions eligible for student appointments, and the desire to include more students in the program.