HomeMy WebLinkAboutCity Council - 09/05/2023
AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY, SEPTEMBER 05, 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
GUESTS: Senior Community Services Director of HOME Jon Burkhow, Executive Director of PROP Shop Cindy Eddy, Executive Director of PROP Jennifer Loon, Meals on Wheels Program Director Wendy Vossen, and Executive Director of Onward Eden Prairie Tricia Wright
Workshop - Heritage Rooms I and II (5:30) I. NON-PROFIT UPDATE
a. MEALS ON WHEELS
b. PROP
c. PROP SHOP
d. ONWARD EDEN PRAIRIE
e. SENIOR COMMUNITY SERVICES
Open Podium - Council Chamber (6:30)
II. OPEN PODIUM III. ADJOURNMENT
AGENDA EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, SEPTEMBER 05, 2023 7 p.m., CITY CENTER Council Chamber 8080 Mitchell Road
CITY COUNCIL: Mayor Ron Case, Council Members Kathy Nelson, Mark Freiberg, PG Narayanan, and Lisa Toomey CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community
Development Director Julie Klima, Parks and Recreation Director Jay Lotthammer, and City Attorney Maggie Neuville
I. CALL THE MEETING TO ORDER
II. PLEDGE OF ALLEGIANCE
III. OPEN PODIUM INVITATION
IV. PROCLAMATIONS / PRESENTATIONS
A. EDEN PRAIRIE SCHOOL DISTRICT 100 YEAR ANNIVERSARY PROCLAMATION
B. ACCEPT DONATION FROM ELITE SPINE CHIROPRACTIC FOR FALL INTO FITNESS (Resolution)
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, AUGUST 15, 2023
B. CITY COUNCIL MEETING HELD TUESDAY, AUGUST 15, 2023
VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS
VIII. CONSENT CALENDAR
A. MENARDS BY MENARDS, INC. SECOND READING OF ORDINANCE FOR PLANNED UNIT DEVELOPMENT AMENDMENT WITH WAIVERS ON 15.72 ACRES; RESOLUTION FOR SITE PLAN REVIEW; APPROVE DEVELOPMENT AGREEMENT AMENDMENT
B. BAKER ROAD ASSISTED LIVING (2023-02) BY MICHAEL KNISELY SECOND READING OF ORDINANCE FOR ZONING CHANGE FROM OFFICE TO RM-2.5 AND PUD DISTRICT REVIEW WITH WAIVERS ON 3.79 ACRES; RESOLUTION FOR CONDITIONAL APPROVAL OF THE
DEVELOPMENT AGREEMENT, RESOLUTION FOR SITE PLAN
CITY COUNCIL AGENDA September 05, 2023
Page 2
REVIEW ON 3.79 ACRES (ORDINANCE FOR ZONING CHANGE AND PUD DISTRICT REVIEW, RESOLUTION FOR SITE PLAN REVIEW, RESOLUTION FOR CONDITIONAL APPROVAL OF THE
DEVELOPMENT AGREEMENT)
C. APPROVE NINE MILE CREEK WATERSHED DISTRICT SECOND AMENDMENT OF THE DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS
D. APPROVE T-MOBILE LICENSE AGREEMENT
E. AWARD CONTRACT TO HIGHVIEW PLUMBING TO INSTALL WATER AND SEWER LINES INTO DORENKEMPER HOME
F. APPROVE CONTRACT RENEWAL WITH ULTIMATE KRONOS GROUP, INC. (UKG) FOR HUMAN RESOURCES INFORMATION SYSTEM
(HRIS), RECRUITMENT AND ONBOARDING, AND PAYROLL SERVICE PROVIDER
G. AWARD CONTRACT FOR PURCHASE AND INSTALLATION OF PLAYGROUND SAFETY SURFACING AT ROUND LAKE PARK, WILLOW PARK PLAYGROUNDS
H. APPROVE AMENDMENT TO 2023 AND 2024 VEHICLE PURCHASE AUTHORIZATIONS
I. APPROVE ENCROACHMENT AGREEMENT WITH LP EP APARTMENTS, LLC RELATED TO CONSTRUCTION OF THE TOWN CENTER STATION
IX. PUBLIC HEARINGS / MEETINGS
A. 2022 COMMUNITY DEVELOPMENT BLOCK GRANT CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER)
X. PAYMENT OF CLAIMS
XI. ORDINANCES AND RESOLUTIONS
XII. PETITIONS, REQUESTS, AND COMMUNICATIONS
XIII. APPOINTMENTS
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
B. REPORT OF CITY MANAGER
CITY COUNCIL AGENDA September 05, 2023
Page 3
1. RESOLUTION TO APPROVE PRELIMINARY TAX LEVY AND BUDGET
C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR
1. SUSTAINABLE BUILDING STANDARD
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT
ANNOTATED AGENDA
DATE: September 1, 2023
TO: Mayor and City Council
FROM: Rick Getschow, City Manager
RE: City Council Meeting for Tuesday, September 05, 2023
___________________________________________________________________________________________
TUESDAY, SEPTEMBER 05, 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.
HRA MEETING
HRA. I. CALL THE MRA MEETING TO ORDER HRA. II. APPROVE MINUTES OF HRA MEETING HELD ON APRIL 4, 2023
MOTION: Move to approve the HRA minutes from April 4, 2023.
HRA.III. ADOPT RESOLUTION APPROVING THE PROPOSED 2024 PROPERTY TAX LEVY AND ACCEPTING THE PROPOSED 2024 BUDGET
Synopsis: Minnesota Law authorizes the HRA to levy a tax with the consent of
the City Council. The HRA must adopt a proposed net property tax levy by September 30 and certify it to the county auditor. Per Minnesota Statute, Housing and Redevelopment Authorities can levy a tax of up to .0185 percent of estimated market value. The proceeds may be spent on planning and implementation of
redevelopment and/or low-rent housing assistance programs with the City. The
limit for the City of Eden Prairie is $2,494,833. MOTION: Move to Adopt the resolution to approve the proposed
2024 property tax levy to be $210,000 and accept the proposed 2024
ANNOTATED AGENDA September 05, 2023
Page 2
budget of $210,000. HRA IV. ADJOURNMENT MOTION: Move to adjourn the HRA meeting.
COUNCIL MEETING
IV. PROCLAMATIONS / PRESENTATIONS
A. EDEN PRAIRIE SCHOOL DISTRICT 100 YEAR ANNIVERSARY PROCLAMATION
Synopsis: This proclamation will declare the Eden Prairie School District’s 2023-2024 school year as the 100 Year Anniversary of Eden Prairie Schools.
No formal action requested. Mayor Case will read the proclamation.
B. ACCEPT DONATION FROM ELITE SPINE CHIROPRACTIC FOR FALL
INTO FITNESS (Resolution)
Synopsis: This donation will go towards the Fall Into Fitness event at the Community Center. MOTION: Move to adopt Resolution accepting the donation of $250
from Elite Spine Chiropractic for Fall Into Fitness event.
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, AUGUST 15, 2023
B. CITY COUNCIL MEETING HELD TUESDAY, AUGUST 15, 2023
VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS
VIII. CONSENT CALENDAR
MOTION: Move approval of items A-I on the Consent Calendar.
A. MENARDS BY MENARDS, INC. SECOND READING OF ORDINANCE
ANNOTATED AGENDA September 05, 2023
Page 3
FOR PLANNED UNIT DEVELOPMENT AMENDMENT WITH WAIVERS ON 15.72 ACRES; RESOLUTION FOR SITE PLAN REVIEW; APPROVE DEVELOPMENT AGREEMENT AMENDMENT
B. BAKER ROAD ASSISTED LIVING (2023-02) BY MICHAEL KNISELY SECOND READING OF ORDINANCE FOR ZONING CHANGE FROM OFFICE TO RM-2.5 AND PUD DISTRICT REVIEW WITH WAIVERS ON 3.79 ACRES; RESOLUTION FOR CONDITIONAL APPROVAL OF THE DEVELOPMENT AGREEMENT, RESOLUTION FOR SITE PLAN REVIEW ON 3.79 ACRES (ORDINANCE FOR ZONING CHANGE AND PUD DISTRICT REVIEW, RESOLUTION FOR SITE PLAN REVIEW, RESOLUTION FOR CONDITIONAL APPROVAL OF THE DEVELOPMENT AGREEMENT)
C. APPROVE NINE MILE CREEK WATERSHED DISTRICT SECOND
AMENDMENT OF THE DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS
D. APPROVE T-MOBILE LICENSE AGREEMENT
E. AWARD CONTRACT TO HIGHVIEW PLUMBING TO INSTALL WATER
AND SEWER LINES INTO DORENKEMPER HOME
F. APPROVE CONTRACT RENEWAL WITH ULTIMATE KRONOS GROUP, INC. (UKG) FOR HUMAN RESOURCES INFORMATION SYSTEM (HRIS), RECRUITMENT AND ONBOARDING, AND PAYROLL SERVICE PROVIDER
G. AWARD CONTRACT FOR PURCHASE AND INSTALLATION OF PLAYGROUND SAFETY SURFACING AT ROUND LAKE PARK, WILLOW PARK PLAYGROUNDS
H. APPROVE AMENDMENT TO 2023 AND 2024 VEHICLE PURCHASE AUTHORIZATIONS
I. APPROVE ENCROACHMENT AGREEMENT WITH LP EP APARTMENTS, LLC RELATED TO CONSTRUCTION OF THE TOWN CENTER STATION
IX. PUBLIC HEARINGS / MEETINGS
A. 2022 COMMUNITY DEVELOPMENT BLOCK GRANT CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER)
Synopsis: The 2022 Consolidated Annual Performance and Evaluation Report (CAPER)
evaluates the City of Eden Prairie’s accomplishments towards meeting the five-year goals defined in the Consolidated Plan, as required by the Department of Housing and Urban Development (HUD), for communities receiving Community Development Block Grant (CDBG) funding. The 2022 program year began July 1, 2022 and ended June 30, 2023
ANNOTATED AGENDA September 05, 2023
Page 4
and is the third grant period of the 2020-2024 Consolidated Plan.
MOTION: Move to close public hearing. X. PAYMENT OF CLAIMS
MOTION: Move approval of Payment of Claims as submitted (Roll Call
Vote).
XI. ORDINANCES AND RESOLUTIONS
XII. PETITIONS, REQUESTS, AND COMMUNICATIONS
XIII. APPOINTMENTS
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
B. REPORT OF CITY MANAGER
1. RESOLUTION TO APPROVE PRELIMINARY TAX LEVY AND
BUDGET
Synopsis: Minnesota Law and administration rules prescribe a detailed process for public notification and participation in setting taxes and budgets of local governments. Cities must adopt a proposed property tax levy and certify that amount to the county auditor on or before September 30, 2023. In addition, the
City Council must accept a proposed budget for the coming year.
The City must announce at this Council meeting the future time and date of the
regularly scheduled meetings at which the budget and tax levy will be discussed
and public testimony taken. The Council must adopt a final tax levy and budget by December 28. Minnesota Law authorizes the HRA to levy a tax with the consent of the City
Council. This resolution gives the consent needed for the HRA.
MOTION: Move to adopt Resolution to:
• Certify the proposed 2024 property tax levy to be $47,138,752; and
• Set December 5, 2023 at 7:00 p.m. as the meeting which will
include discussion of the budget and provide for public comment;
and
• Accept the proposed 2024 budget of $60,322,771; and
• Consent and approve the HRA tax levy of $210,000.
ANNOTATED AGENDA September 05, 2023
Page 5
C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR
1. SUSTAINABLE BUILDING STANDARD
Synopsis: The draft Sustainable Building Standard (SBS) aims to reduce greenhouse gas emissions (GHG) from newly constructed residential and commercial buildings. The SBS would require new commercial and multifamily construction projects, and
additions over 10,000 SF, seeking financial or land use incentive from the City to meet third-party green building rating system standards as well as city specific requirements for GHG predicted emissions, electric vehicle charging, and solar installation or readiness. Third-party green rating systems include LEED Silver or higher, B3
Guidelines, or Enterprise Green Communities standards.
Single family development projects seeking financial or land use incentive from the City would not need to meet third-party green building rating system standards but would be required to provide electric vehicle charging capabilities and solar installation
or readiness.
No formal action requested by council.
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT
MOTION: Move to adjourn the City Council meeting.
AGENDA
CITY OF EDEN PRAIRIE
HOUSING AND REDEVELOPMENT AUTHORITY
TUESDAY, SEPTEMBER 05, 2023 7:00 PM, CITY CENTER
Council Chamber
8080 Mitchell Road
HOUSING AND REDEVELOPMENT AUTHORITY MEMBERS: Chair Ron Case,
Members Kathy Nelson, Mark Freiberg, PG Narayanan, and Lisa Toomey
CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Parks and
Recreation Director Jay Lotthammer, Community Development Director Julie Klima, Finance
Manager Tammy Wilson, and City Attorney Maggie Neuville
I. CALL THE HRA MEETING TO ORDER
II. APPROVE MINUTES OF HRA MEETING HELD ON APRIL 4, 2023
III. ADOPT RESOLUTION APPROVING THE PROPOSED 2024 PROPERTY TAX
LEVY AND ACCEPTING THE PROPOSED 2024 BUDGET
IV. ADJOURNMENT
UNAPPROVED MINUTES
HOUSING AND REDEVELOPMENT AUTHORITY
TUESDAY, APRIL 4, 2023 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road HOUSING AND REDEVELOPMENT AUTHORITY MEMBERS: Chair Ron Case, Council
Members Mark Freiberg, PG Narayanan, Kathy Nelson, and Lisa Toomey
CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Parks and Recreation Director Jay Lotthammer, Community Development Director Julie Klima, Finance Manager Tammy Wilson, and Acting City Attorney Joshua Dorothy
I. ROLL CALL / CALL THE HRA MEETING TO ORDER Chair Case called the meeting to order at 7:00 PM. All HRA members were present.
II. APPROVE MINUTES OF HRA MEETING HELD ON DECEMBER 6, 2022
MOTION: Toomey moved, seconded by Narayanan to approve the HRA minutes from December 6, 2022. Motion carried 5-0. III. ADOPT MODIFICATION TO TIF PLAN AND APPROVE AMENDED AND RESTATED TIF AGREEMENT FOR GTS HOUSING (BLUE STEM NORTH) (Resolution HRA No. 2023-01) Getschow explained the Tax Increment Financing (TIF) Plan for TIF District No. 26 is being modified to change the date of receipt of first increment to 2025. In 2022, the HRA
approved the Developer’s TIF request, with receipt of first increment to occur in 2024. The delay to 2025 will allow the developer adequate time to secure all funding commitments necessary to begin construction. The Modification conforms in all respects to the requirements of the TIF statutes, and will help fulfill a need to provide housing opportunities, to improve the tax base and to improve the general economy of the State and
thereby serves a public purpose. Getschow added the Tax Increment Financing Development Agreement for the project was also initially approved in 2022, but has not yet been fully signed or recorded. An Amended and Restated TIF Agreement has been prepared that reflects the delay of receipt
of first increment to 2025, and also revises the initial agreement to increase the amount of TIF assistance to $17.4 million over the term of the TIF district, from the original amount of $12.9 million. This increase is within the original TIF budget and does not require modification of the TIF plan. Developer has requested this additional funding from the City a result of increased construction costs due to changing market conditions.
MOTION: Narayanan moved, seconded by Toomey, to adopt Resolution HRA No. 2023-01 Adopting a Modification to the Tax Increment Financing Plan for Tax Increment
HRA MINUTES April 4, 2023
Page 2 Financing District No. 26 - GTS Housing and to approve and authorize execution of
Amended and Restated Tax Increment Development Agreement for GTS Housing. Motion carried 5-0. IV. ADJOURNMENT
MOTION: Freiberg moved, seconded by Nelson, to adjourn the HRA meeting. Motion carried 5-0. Chair Case adjourned the meeting at 7:06 PM. Respectfully submitted,
________________________ Nicole Tingley, City Clerk
HOUSING AND REDEVELOPMENT AUTHORITY
AGENDA
DATE:
September 5, 2023
DEPARTMENT/DIVISION:
Office of the City Manager /
Finance, Tammy Wilson
ITEM DESCRIPTION:
Resolution approving the proposed 2024
HRA property tax levy and accepting the
proposed 2024 budget
HRA ITEM NO.: HRA.III.
Requested Action
Move to: Adopt the resolution to approve the proposed 2024 property tax levy to be $210,000 and accept the proposed 2024 budget of $210,000. Synopsis
Minnesota Law authorizes the HRA to levy a tax with the consent of the City Council. The HRA must adopt a proposed net property tax levy by September 30 and certify it to the county auditor. Per Minnesota Statute, Housing and Redevelopment Authorities can levy a tax of up to .0185 percent of estimated market value. The proceeds may be spent on planning and implementation of redevelopment and/or low-rent housing assistance programs with the City.
The limit for the City of Eden Prairie is $2,494,833. Attachment Resolution
HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA H.R.A. RESOLUTION NO. 2023-__ RESOLUTION APPROVING THE HRA PROPOSED 2024 PROPERTY TAX LEVY
AND ACCEPTING A PROPOSED BUDGET FOR GENERAL OPERATIONS
WHEREAS, the Housing and Redevelopment Authority of the City of Eden Prairie has reviewed the proposed 2024 budget and tax levy; and
WHEREAS, the Housing and Redevelopment Authority has decided to accept these recommendations. NOW, THEREFORE, BE IT RESOLVED that the Housing and Redevelopment
Authority:
1. Approves the following proposed taxes on real and personal property within the City of Eden Prairie for the 2024 budget contingent upon City Council approval.
Levy on Tax Capacity $210,000
2. Approves the 2024 proposed budget totaling $210,000 at this time.
ADOPTED by the Housing and Redevelopment Authority on September 5, 2023.
______________________________ Ronald A. Case, Chair
SEAL
ATTEST: ______________________________
Rick Getschow, Executive Director
CITY COUNCIL AGENDA
SECTION: Proclamations and Presentations
DATE
September 5, 2023
DEPARTMENT / DIVISION
Administration
ITEM DESCRIPTION
Eden Prairie 100 Year Anniversary Proclamation
ITEM NO.
IV.A.
Requested Action
No formal action requested. Mayor Case will read the proclamation.
Synopsis This proclamation will declare the Eden Prairie School District’s 2023-2024 school year as the 100 Year Anniversary of Eden Prairie Schools.
Attachments Proclamation
PROCLAMATION
City of Eden Prairie
Hennepin County, Minnesota
Eden Prairie School District 100 Year Anniversary
WHEREAS, Since Eden Prairie’s earliest days, our residents have believed deeply in the power
of community and the importance of education; and
WHEREAS, The first log schoolhouse in Eden Prairie was built in 1854 and served as a
community gathering place — in fact, the town board of Eden Prairie held its first meeting in
the school on May 11, 1858; and
WHEREAS, In the years that followed, residents of Eden Prairie attended joint school districts
with neighboring communities; and
WHEREAS, In March 1924, the Eden Prairie Consolidated School welcomed students back to
their hometown in a brick building at the top of School Road that still exists today; and
WHEREAS, The Consolidated School continued to serve as an important gathering place for all
Eden Prairie residents, providing space for movies, voting, weddings and clothes ironing as it
was one of the first electrified buildings in Eden Prairie; and
WHEREAS, The mission of Eden Prairie Schools is to inspire each student to learn continuously
so they are empowered to reach personal fulfillment and contribute purposefully to our ever-
changing world; and
WHEREAS, Eden Prairie Schools staff, students, families and community have worked
continuously for the last century to fulfill that mission, boasting some of the highest levels of
academic and extracurricular achievement in the City and State; and
WHEREAS, As it embarks on an exciting centennial year, Eden Prairie Schools will remain a
vital pillar of the Eden Prairie community and continue inspiring each student every day.
NOW, THEREFORE, BE IT RESOLVED, that I, Ron Case, Mayor of Eden Prairie, do hereby
proclaim the 2023-24 school year as: THE 100TH ANNIVERSARY OF EDEN PRAIRIE
SCHOOLS in the City of Eden Prairie.
Ronald A. Case, Mayor
on behalf of Council Members:
Kathy Nelson
Mark Freiberg
PG Narayanan
Lisa Toomey
CITY COUNCIL AGENDA
SECTION: Proclamations and Presentations
DATE:
September 5, 2023
DEPARTMENT / DIVISION:
Jay Lotthammer, Director, Parks and Recreation
ITEM DESCRIPTION:
Donation from Elite Spine Chiropractic for Fall Into Fitness event
ITEM NO.:
IV.B.
Requested Action
Move to: Adopt Resolution accepting the donation of $250 from Elite Spine Chiropractic
for Fall Into Fitness event. Synopsis
This donation will go towards the Fall Into Fitness event at the Community Center. Background The Eden Prairie Community Center consists of state-of-the-art facilities, recreation programs
and fitness activities designed to help our residents Live Well! The Community Center facilities
include a fitness center with top-of-the-line cardio equipment, resistance training and free weights. Fitness classes are held in the three group fitness studios, two specialized dryland training areas, eight-lane, 25-yard dive pool, recreation pool and gymnasium.
Fall into Fitness is the Community Center’s annual membership drive. Staff invites potential
members into the facility to take a building tour, participate in group fitness classes, learn about personal training opportunities, sample a Stretch Studio session and learn about all the amenities the Community Center has to offer.
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 Fall Into Fitness from Elite Spine Chiropractic is hereby recognized and accepted by the Eden Prairie City Council.
ADOPTED by the City Council of the City of Eden Prairie this 5th day of September, 2023.
___________________________ Ronald A. Case, Mayor ATTEST:
___________________________ Nicole Tingley, City Clerk
UNAPPROVED MINUTES CITY COUNCIL WORKSHOP AND OPEN PODIUM
TUESDAY, AUGUST 15, 2023 CITY CENTER
5 – 6:25 p.m., HERITAGE ROOMS 6:30 – 7 p.m., 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
GUESTS: School Board members Aaron Casper, Steve Bartz, Charles (CJ) Strehl, Kim Ross, Dennis Stubbs; Superintendent Josh Swanson, Associate Superintendent Carlondrea Hines, Executive Director of Business Services Jason Mutzenberger, Executive Director of Community
Education Shawn Hoffman-Bram, Executive Director of Personalized Learning Robb Virgin, and
Executive Director of Marketing and Communications Dirk Tedmon Workshop - Heritage Rooms I and II (5:30 p.m.)
I. JOINT SCHOOL BOARD MEETING
Case welcomed guests from the Eden Prairie School Board and the School District. Getschow
began presenting results from the City’s biannual Quality of Life (QOL) survey. The City uses
Polco to conduct the QOL survey. Polco facilitates city government surveys and provides
benchmarks against other cities. Over 2,000 Eden Prairie residents completed the QOL survey.
The responses gave a statistically significant sample with a three percent margin of error. The
QOL survey is one of the first inputs to the biannual budget.
Getschow provided an overview of the City’s QOL ratings. Compared to National, Midwest, and
Minnesota Community benchmarks, the City’s ratings were mostly higher or similar. There were
not any ratings lower than the benchmarks. When compared to the City’s QOL survey from
2020, the 2022 survey received higher ratings on 12 questions, similar ratings on 139 questions,
and lower ratings on 34 questions. Although ratings decreased from the 2020 to the 2022 QOL
survey, the City increased its national ranking because other cities experienced larger decreases.
Getschow presented a chart of nationwide trust in local government over the past ten years.
Overall confidence in local government peaked in 2020 and has declined steadily since then. The
City’s trust levels are close to 90 percent which are much higher than the nationwide benchmark
of 50 percent.
Getschow explained the first key finding of the 2022 QOL survey is Eden Prairie is a highly
desirable and safe place to live. This is demonstrated through the following survey results:
• 92 percent of respondents rate the overall quality of life in Eden Prairie as good or
excellent.
• Nine in ten respondents are somewhat or very likely to recommend living or conducting
business in the City.
• Eight in ten respondents are somewhat or very likely to remain in the City for the next
five years.
• 92 percent of respondents rate the City’s overall feeling of safety as good or excellent.
• Over eight in ten respondents rated safety in their neighborhoods, parks and open space,
paths or walking trails, and the Eden Prairie Center mall as good or excellent.
• When asked to list the biggest concern relating to police services, the number one answer
for survey respondents is speeding.
Getschow stated the second key finding of the 2022 QOL survey is City services continue to be
highly ranked among peers. This is demonstrated through the following survey results:
• 89 percent of respondents rate the overall quality of City services as good or excellent.
• Over 90 percent of respondents rate fire department response time, fire services, park
maintenance, police services, overall customer service by City employees, and water and
sewer services as good or excellent.
• Many city services including police, fire, planning, park maintenance, and recreation
centers rank in the top ten of all cities surveyed by Polco.
• When asked about the top reasons a survey respondent would interact with the Police
department, the number one answer is community events.
Getschow noted the third key finding of the 2022 QOL survey is the City’s natural environment,
parks, and recreation opportunities are valued by residents. This is demonstrated by the
following survey results:
• Nine in ten respondents have visited a park in the past two years.
• The City receives national recognition on Parks and Recreation attributes such as
appearance, cleanliness, amenities, and walking paths.
• The QOL survey includes two open ended questions. The first asks respondents to choose
their favorite thing about living in the City. The most common answer was parks, trails,
and recreation centers. The second open ended question asks respondents to list their
biggest concern about living in the City. The most common answer was nothing. The
second most common answer was respondents interested in more activities and dining
options.
Getschow stated the fourth and final key finding of the 2022 QOL survey is residents are familiar
with and see the value of sustainability. The City has spent much effort on sustainability in
recent years. The entire survey, including demographics, are published on the City website. City
leadership is pleased with the results of the QOL survey, and the business community and School
District play a part in the high rankings.
Swanson began presenting results from the annual Parent and Community Survey facilitated by
Morris Leatherman. Morris Leatherman facilitates school district surveys and can provide
benchmarks against other school districts. The random sample survey was completed in April
2023 with a five percent margin of error. Both the parent community and non-parent community
are surveyed. There are many differences in the parent and non-parent communities in terms of
age, racial demographics, and length of residence in the City. The parent community is more
diverse than the non-parent community.
Swanson noted the respondent is asked to describe Eden Prairie schools. The most common
answers were good teachers, high achieving, variety of programs, excellent education, and
sports. 99 percent of the parent community and 96 percent of the non-parent community rate the
public schools as good or excellent. 58 percent of the parent community and 47 percent of the
non-parent community rate the School District as excellent. The average Minnesota public
school receives an excellent rating of ten percent.
Swanson next detailed specific perceptions of the School District. When asked if the School
District is moving in the right direction, 86 percent of the parent community and 83 percent of
non-parent community answer yes. Respondents agree the School District spends money
effectively. Both the parent and non-parent communities feel adequately involved in decision
making. 98 percent of the parent community trusts the School District to do the right things for
children. 99 percent of the parent community is proud of the School District and would
recommend it to family and friends.
Swanson noted ratings of the School District’s communication are at an all time high. 25 percent
of the non-parent community and 42 percent of the parent community have contacted the School
District on an important issue, and both communities reported high satisfaction of the answer
and/or outcome. 87 percent of the respondents report having adequate opportunities to provide
input. Community outreach is an opportunity for the City and the School District to partner.
Swanson stated 74 percent of the community rated the School District’s financial management as
positive. This is higher than the average metro city rating of 52 percent. These results are
favorable considering the recent referendum and capital project levy, when decreases in financial
management rankings are common. Case inquired why 26 percent of the community did not rate
the School District’s financial management as positive. Swanson noted it is likely the group is
generally unsupportive of taxes. Strehl added a piece of the School District’s capital project levy
is based on home value. Not only did the capital project levy increase, but home values have also
increased in recent years. This may factor into respondents not ranking the School District’s
financial management as positive. Getschow noted 2023 appraised values have increased three to
four percent this year, much lower than the 20 percent value increase in 2022. Case added the
relationship between assessed value and property taxes are correlated, but it is not a cause and
effect.
Swanson provided an overview of strategic planning efforts for 2023 to 2028. The School
District spent nine months engaging families, students, and staff regarding strategic planning,
including receiving and implementing feedback. Three anchor strategies emerged from the
strategic plan: authentic and personalized learning, wellbeing, and inclusion and belonging. The
community is overwhelmingly supportive of the School District’s strategic planning.
Swanson noted the School District is celebrating its 100 year anniversary in 2024. Staff is
planning multiple programming events throughout the year to celebrate including partnering with
the Historical Society on a city-wide prom, launching an alumni magazine, preparing 100 days of
lessons for 100 years, and a performance from an Eden Prairie multi-generational choir.
Swanson finished with a video commemorating the 100 year anniversary of the School District.
Strehl inquired how the City is handling the State’s legalization of recreational marijuana and
noted it will likely appear in the schools. Case responded the State has given the City very little
authority over recreational marijuana. The City has banned marijuana in parks. By State statute
effective July 1, 2024, cities must allow a minimum of one dispensary per 12,500 people.
Accordingly, the City must allow five. Getschow added it is illegal for individuals under the age
of 21 to use marijuana and the Police will be enforcing the law inside the schools. Case stated it
is illegal to drive under the influence of marijuana in the State. If a person is pulled over for
suspected impairment, a blood test will reveal marijuana use.
Case stated recent Mayor’s conferences have emphasized the need for cities and school districts
to partner and prepare for the event of school shootings. The partnership between the City and
the School District is something to take pride in. Casper thanked Lotthammer for his service and
congratulated him on his upcoming retirement. Casper also thanked Chief Sackett and the
Council for the partnership between the School District and the Police Department. Case thanked
the School District for their partnership.
Open Podium - Council Chamber (6:30 p.m.)
II. OPEN PODIUM
III. ADJOURNMENT
UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, AUGUST 15, 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. POLICE DEPARTMENT AND FIRE DEPARTMENT LIFESAVING RECOGNITION FOR NESBITT PARK PARKING LOT EMERGENCY
Chiefs Matt Sackett and Scott Gerber awarded citizen Molly Menton with a Letter of Recognition from the Police and Fire Departments for her actions on June 8,
2023 when she helped saved the life of Duane Hookom, who was experiencing a cardiac event while driving in the Nesbitt Park parking lot. Case pointed out Duane Hookom is a vital part of the Eden Prairie community and very involved in the City. B. SOUTHWEST LIGHT RAIL TRANSIT UPDATE – SOUTHWEST
LIGHTRAIL TRANSIT PROJECT OFFICE
Jim Alexander, Project Director with Metro Transit, provided a presentation on the Green Line Extension. He explained the civil work should be done by the end of the year. Cost negotiations with civil and systems contractors are ongoing. Later this month, staff will seek approval to continue cost negotiations with both
contractors on the revised schedules and critical path delays experienced in 2022 and 2023.
CITY COUNCIL MINUTES August 15, 2023
Page 2
Mr. Alexander showed a few slides showing parts of the LRT and developments in the area. He also showed photos of systems projects that are underway. Mr. Alexander highlights a number of communications and community engagement
efforts.
Case pointed out the project is currently $280 million short to complete the project, but the funding will work out because no one will let a $2.7 billion project go unfinished for less than 10 percent of the total funding missing.
Toomey asked how long the testing will take once everything is finished. Mr. Alexander stated it depends on when systems will be complete because of the necessary track connections. They try to give operations six months to work out the kinks and do testing.
Toomey asked if there will be turnstiles. Mr. Alexander stated there is a proof of payment process. There is nothing physically to stop people, but there are enforcement efforts in place.
Narayanan asked for Mr. Alexander’s perspective on potential crime increases.
Mr. Alexander explained safety is the utmost priority. They have a new Chief from New York who is learning the system. There is a bit of an issue recruiting more officers, but the plan is to have officers very visible.
Narayanan asked what the projections for 2027 ridership. Mr. Alexander stated
they don’t have updated projections, but initial projections at the beginning of the process showed 29,000 daily ridership. Narayanan asked how much CO2 has been estimated for the light rail. Mr.
Alexander stated he would have to review the environmental documentation. C. SOUTHWEST TRANSIT UPDATE – ERIK HANSEN, SOUTHWEST TRANSIT CEO
Erik Hansen, Southwest Transit CEO, introduced himself and showed a graph reflecting macro trends in transit. He explained more and more people are working from home, which impacts the way Metro Transit operates. Express Bus ridership has decreased over the past five years while prime ridership has
increased. Other considerations for transit is the aging population and the introduction of new transportation technology. Narayanan noted Southwest Transit is extremely important, especially for people
who have no other form of transportation.
D. ACCEPT DONATION FROM AMERICAN LEGION POST 580 FOR SENIOR CENTER WOODSHOP EQUIPMENT (Resolution No. 2023-68)
CITY COUNCIL MINUTES August 15, 2023
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Lotthammer explained the donation from American Legion Post 580 will go towards purchasing a lathe for the woodshop located at the Senior Center.
MOTION: Nelson moved, seconded by Freiberg, to adopt Resolution No. 2023-
68 accepting the donation in the amount of $1,500 from American Legion Post 580 for Senior Center woodshop. Motion carried 5-0. E. ACCEPT DONATION FROM COMCAST THROUGH THE EDEN PRAIRIE CRIME PREVENTION FUND FOR SAFETY CAMP (Resolution No. 2023-69)
Lotthammer explained a donation from Comcast was made to the Eden Prairie
Crime Fund, who have donated the $5,000 to the City. MOTION: Narayanan moved, seconded by Nelson, to adopt Resolution No. 2023-69 accepting the donation in the amount $5,000 for Safety Camp from Comcast through the Eden Prairie Crime Prevention Fund. Motion carried 5-0.
F. ACCEPT DONATION FROM GASSEN COMPANY FOR SENIOR CENTER GOLF CLASSIC (Resolution No. 2023-70)
Lotthammer explained such as this one from Grassen Company allow the Senior
Center to offer special events at low or no cost to residents. MOTION: Toomey moved, seconded by Narayanan, to adopt Resolution No. 2023-70 accepting the donation in the amount of $250 from Grassen Company for the Senior Center’s Golf Classic. Motion carried 5-0.
G. ACCEPT DONATIONS FROM PRAIRIE SCHOOL OF DANCE AND NEW HORIZON ACADEMY FOR AUGUST MOVIES IN THE PARK (Resolution No. 2023-71)
Lotthammer stated the donation was from Prairie School of Dance and New Horizon Academy. MOTION: Freiberg moved, seconded by Toomey, to adopt Resolution No. 2023-
71 accepting the donation in the amount $250 from Prairie School of Dance and
$250 from New Horizon Academy for August Movies in the Park. Motion carried 5-0. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
MOTION: Freiberg moved, seconded by Toomey, to approve the agenda as published. Motion carried 5-0. VI. MINUTES
CITY COUNCIL MINUTES August 15, 2023
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A. COUNCIL WORKSHOP HELD TUESDAY, JULY 11 , 2023
B. CITY COUNCIL MEETING HELD TUESDAY, JULY 11, 2023
MOTION: Narayanan moved, seconded by Freiberg to approve the minutes of the Council workshop held Tuesday, July 11, 2023, and the City Council meeting held Tuesday, July 11, 2023, as published. Motion carried 5-0.
VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR
A. CLERK’S LIST
B. APPROVE THE SECOND READING OF ORDINANCE NO. 11-2023 TO AMEND CITY CODE CHAPTER 9 AND 11 RELATED TO FLEX SERVICE ZONING DISTRICT AND ADOPT RESOLUTION NO. 2023-72 APPROVING SUMMARY ORDINANCE
C. APPROVE THE SECOND READING OF ORDINANCE NO. 12-2023 TO AMEND CITY CODE CHAPTER 11 RELATED TO PARKING
REGULATIONS AND ADOPT RESOLUTION NO. 2023-73 APPROVING SUMMARY ORDINANCE
D. KIWATCHI ADDITION (2022-11) BY CRAIG AND JESSICA SCHMIDT SECOND READING OF ORDINANCE FOR ZONING CHANGE FROM RURAL TO R1-9.5 ON 2.11 ACRES AND APPROVAL OF A DEVELOPMENT AGREEMENT (ORDINANCE NO. 13-2023 FOR ZONING CHANGE, RESOLUTION NO. 2023-74 FOR SUMMARY ORDINANCE AND
DEVELOPMENT AGREEMENT)
E. ADOPT RESOLUTION NO. 2023-75 APPROVING FINAL PLAT OF KIWATCHI ADDITION
F. APPROVE TEMPORARY CONSTRUCTION EASEMENT AND PERMANENT TRAIL EASEMENT AT 10100 AND 10340 VIKING DRIVE
G. APPROVE TEMPORARY CONSTRUCTION EASEMENT AND PERMANENT TRAIL EASEMENT AT 10400 VIKING DRIVE
H. ACCEPT PROPOSALS AND APPROVE AGREEMENT WITH CEDAR RIDGE LANDSCAPING, INC. FOR TOWN CENTER PLAZA LANDSCAPING
I. ADOPT RESOLUTION NO. 2023-76 APPROVING AGREEMENT WITH THE DEPARTMENT OF NATURAL RESOURCES FOR THE
CITY COUNCIL MINUTES August 15, 2023
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REPLACEMENT OF FISHING PIER AT STARING LAKE OUTDOOR CENTER
J. AUTHORIZE ENTERING INTO A STANDARD AGREEMENT FOR CONSTRUCTION SERVICES WITH DMJ ASPHALT INC. FOR REPLACEMENT OF TENNIS AND PICKLEBALL COURTS AT PIONEER PARK
K. AWARD CONTRACT TO PRAIRIE ELECTRIC FOR INSTALLATION OF LED LIGHT FIXTURES AT LIQUOR STORES
L. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF CONSULTING GROUP FOR THE PRAIRIE CENTER DRIVE PAVEMENT
REHABILITATION PROJECT
M. AWARD CONTRACT FOR OLD SHADY OAK ROAD AND POINT CHASE
INTERSECTION IMPROVEMENTS TO BKJ
N. APPROVE CHANGE ORDER TO CONSTRUCTION CONTRACT FOR GROUND STORAGE RESERVOIR AND PUMP STATION
O. APPROVE TRACK LOADER SKID PURCHASE FROM ZIEGLER
P. ADOPT RESOLUTION NO. 2023-77 AND AUTHORIZE ENTRY INTO MEMORANDUM OF UNDERSTANDING WITH LAW ENFORCEMENT LABOR SERVICES, INC. (LELS) FOR EDEN PRAIRIE POLICE
SERGEANTS 2024 WAGES
Q. APPROVE AGREEMENTS WITH ARVIG, BCMONE, METRO EGOLDFAX, AND MARCO TECHNOLOGIES TO UPGRADE PHONE
SYSTEM FROM PRIMARY RATE INTERFACE (PRI) SYSTEM TO SESSION INITIATION PROTOCOL (SIP) TECHNOLOGY
R. APPROVE GTS HOUSING PARTIAL ASSIGNMENTS OF DEVELOPMENT AGREEMENT AND REAPPORTIONMENT OF SPECIAL ASSESSMENTS
S. ADOPT RESOLUTION NO. 2023-78 OF SUPPORT FOR DEED APPLICATION BY EDEN PRAIRIE BASED NVE CORPORATION
T. ADOPT RESOLUTION NO. 2023-79 TO EXECUTE SUB-RECIPIENT GRANT AGREEMENT WITH HOMES WITHIN REACH (MET COUNCIL LOCAL HOUSING INCENTIVES ACCOUNT GRANT FOR COMMUNITY LAND TRUST WORK)
U. ADOPT RESOLUTION NO. 2023-80 TO EXECUTE ENHANCED CONNECTIVITY INITIATIVE GRANT CONTRACT WITH HENNEPIN COUNTY (BROADBAND GRANT)
CITY COUNCIL MINUTES August 15, 2023
Page 6
V. DECLARE OBSOLETE COMPUTER EQUIPMENT, PROPERTY, AND VEHICLES AS SURPLUS AND AUTHORIZE DISPOSAL
MOTION: Toomey moved, seconded by Freiberg, to approve Items A-V on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS / MEETINGS
A. MENARDS by Menards, Inc. Resolution for Planned Unit Development Concept Review on 15.72 acres, First Reading of Ordinance for Planned Unit Development Amendment with waivers on 15.72 acres (Resolution No. 2023-81 for PUD Concept Review, Ordinance for PUD Amendment with waivers)
Getschow explained the applicant is requesting a Site Plan Review and Planned Unit Development District Review with waivers for the current Menards store to construct a gate expansion. Menards was approved through a Planned Unit Development (PUD) in 2009. Menards is proposing to construct an approximately 1,899 square foot gate structure with a roof and garage door
entrances in the location of the current guard house. They are also proposing to add a second entrance lane for online order pick-up access. A staff member will be present at the gate house to assist customers entering and exiting the back warehouse and online order pick-up area. The Planning Commission voted 7-0 to recommend approval of the project.
Nick Brenner, 5101 Menard Drive, introduced himself as a Real Estate Representative with Menards. He pointed out the purpose of the request is to improve ease of access to the yard and better protect the equipment. There is a request for an easement, but they did already obtain an agreement from a
neighboring property for more space to access. Toomey asked if the sewer rerouting will be covered by Menards. Mr. Brenner confirmed that was correct.
There were no comments from the audience. MOTION: Nelson moved, seconded by Narayanan, to close the public hearing, and to adopt Resolution No. 2023-81 for a PUD Concept Plan Review on 15.72 acres, approve the 1st Reading of an Ordinance for an amendment of a PUD
District with waivers on 15.72 acres, and direct Staff to prepare a Development Agreement Amendment incorporating Staff recommendations and Council conditions. Motion carried 5-0.
B. COMPREHENSIVE PLAN AMENDMENT – LAND USE by City of Eden
Prairie Resolution for text and map amendments to the Comprehensive Plan (Resolution No. 2023-82 for Guide Plan Change)
Getschow explained a routine, periodic review of the land use plan in ASPIRE
CITY COUNCIL MINUTES August 15, 2023
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2040 noted parcels where the land use map incorrectly reflected a land use designation. The action corrects the land use map for 18 parcels that were inadvertently characterized in error, in the 2040 Comprehensive Plan.
Klima pointed out over half of the corrections involve privately owned and used
land currently guided for parks and open space, being changed to low density residential. The balance are similar housekeeping changes involving Office and Flex Service. She showed maps reflecting the proposed changes. Courtesy notices were sent out to all affected property owners.
Narayanan asked if any of the changes have a tax impact. Klima confirmed there are no tax implications for the changes. There were no comments from the audience. MOTION: Toomey moved, seconded by Narayanan, to close the public hearing, and to adopt Resolution No. 2023-82 for Guide Plan Change amending the land use designation for 18 parcels outlined in the Staff report. Motion carried 5-0.
C. VACATION OF PUBLIC DRAINAGE AND UTILITY EASEMENTS – PART OF L3 & L4, B5, RED ROCK HILLS 3RD ADDITION (Resolution No. 2023-83)
Getschow explained the property owners have requested a lot line adjustment of Lots 3 and 4, Block 5, Red Rock Hills 3rd 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. Case asked if the two lots are legally merged into one. Ellis stated the two lots are adjacent to one another and have the same owner. One lot has the residence while the other lot is vacant. However, the shed and the driveway overlap onto the vacant
lot. The purpose of the request is to adjust the lot lines to fully encompass the driveway and shed. There were no comments from the audience. MOTION: Narayanan moved, seconded by Nelson, to close the public hearing, and to adopt Resolution No. 2023-83 vacating drainage and utility easements. Motion carried 5-0. X. PAYMENT OF CLAIMS
MOTION: Nelson moved, seconded by Freiberg, 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.”
CITY COUNCIL MINUTES August 15, 2023
Page 8
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 XVI. ADJOURNMENT
MOTION: Narayanan moved, seconded by Freiberg, to adjourn the meeting. Motion carried 5-0. Mayor Case adjourned the meeting at 8:03 p.m.
Respectfully submitted,
________________________ Sara Aschenbeck, Administrative Support Specialist
1
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
September 5, 2023
DEPARTMENT/DIVISION:
Community Development/Planning
Julie Klima/Sarah Strain
ITEM DESCRIPTION:
Menards PUD Amendment for Gate Expansion
ITEM NO.:
VIII.A.
Requested Action
Move to:
• Approve the 2nd Reading of an Ordinance for an amendment of a PUD District with waivers on 15.72 acres; and
• Adopt a Resolution for Site Plan Review on 15.72 acres; and
• Approve the Development Agreement Amendment for Menards Synopsis
This is the final reading for the proposed 1,899 square foot gate expansion at the current Menards store. The gate structure will include a roof and garage doors and will be in the same location as the current guard house. An additional entry lane into the back warehouse area will be added to facilitate online order pick-ups, creating two (2) entry lanes and one (1) exit lane. In addition to a Site Plan Review, the applicant is also requesting PUD waivers for base area ratio (BAR), floor area ratio (FAR), side yard setbacks, sign
area, and exterior building materials on the rear façade of the building in the C-REG-SER district. Background On August 15, 2023, City Council approved the 1st reading of this request and directed staff to prepare a
development agreement amendment. The 120-day review period expires on September 19, 2023. Attachments
1. Ordinance for PUD Amendment 2. Ordinance Summary 3. Resolution for Site Plan 4. Development Agreement Amendment
MENARDS
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2023-PUD-_-2023
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE DESIGNATION OF CERTAIN LAND WITHIN A ZONING DISTRICT AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the “land”) is legally described in Exhibit A attached hereto and made a part hereof.
Section 2. That the land is currently designated within the C-REG-SER Zoning District as 7-2009-PUD-1-2009, as reflected in Ordinance No. 7-2009-PUD-1-2009 (hereinafter “PUD-1-2009-C-REG-SER”).
Section 2. That action was duly initiated proposing that the designation of the land be
amended within the C-REG-SER Zoning District as -2023-PUD-_-2023 (hereinafter "PUD-_-2023”). Section 3. The City Council hereby makes the following findings:
A. PUD-_-2023 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-_-2023 is designed in such a manner to form a desirable and unified
environment within its own boundaries.
C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-_-2023 are justified by the design of the development described therein.
D. PUD-_-2023 is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without
dependence upon any subsequent unit.
Section 4. The proposal is hereby adopted that PUD-1-2009-C-REG-SER be amended and the designation of the land shall be, and hereby is amended in the C-REG-SER Zoning District as Planned Unit Development PUD-_-2023 and the legal descriptions of land in
each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and
are amended accordingly.
Section 5. The land shall be subject to the terms and conditions of that certain
Development Agreement dated August 19, 2009, entered into between Menard, Inc., a
Wisconsin corporation, and the City of Eden Prairie, as amended by the terms and conditions of that certain First Amendment to Development Agreement dated September 5, 2023, entered into between Menard, 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 6. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Section 11.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety by reference, as though repeated
verbatim herein.
Section 7. This Ordinance shall become effective from and after its passage and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
15th Day of August, 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 5th day of September, 2023.
ATTEST: ________________________________ _________________________________
Nicole Tingley, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Sun Sailor on September 14, 2023.
EXHIBIT A
PUD Legal Description Legal Description
Lot 1, Block 1, Menard 8th Addition, Hennepin County, Minnesota
MENARDS
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF
ORDINANCE NO. __-2023-PUD-__-2023 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING THE DESIGNATION OF CERTAIN LAND WITHIN A ZONING DISTRICT AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99,
WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Summary: This ordinance allows amendment of the zoning designation of land
located within the C-REG-SER Zoning District within a Planned Unit Development District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
__________________________ _________________________
Nicole Tingley, City Clerk Ronald A. Case, Mayor PUBLISHED in the Sun Current on September 14, 2023.
(A full copy of the text of this Ordinance is available from City Clerk.)
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2023-____
A RESOLUTION GRANTING SITE PLAN APPROVAL
FOR MENARDS PUD AMENDMNET BY MENARD, INC. WHEREAS, Menard, Inc., has applied for Site Plan approval of Menards PUD Amendment to construct a gate expansion in the location of the current guard house; WHEREAS, zoning approval for the Menards PUD Amendment was granted by an Ordinance approved by the City Council on September 5, 2023; and
WHEREAS, the Planning Commission reviewed said application at a public hearing at its July 10, 2023 meeting and recommended approval of said site plans; and
WHEREAS, the City Council has reviewed said application at a public hearing at its
August 15, 2023 meeting.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval for property legally described in
Exhibit A attached hereto is granted to the Menards PUD Amendment, subject to the
Development Agreement Amendment between Menard, Inc. and the City of Eden Prairie, reviewed and approved by the City Council on September 5, 2023.
ADOPTED by the City Council of the City of Eden Prairie this 5th day of September, 2023.
_____________________________
Ronald A. Case, Mayor
ATTEST:
___________________________
Nicole Tingley, City Clerk
EXHIBIT A
Site Plan
Legal Description: Lot 1, Block 1, Menard 8th Addition, Hennepin County, Minnesota
1
First Amendment to Menards Development Agreement
FIRST AMENDMENT TO DEVELOPMENT
AGREEMENT
Menards
THIS FIRST AMENDMTMENT TO DEVELOPMENT AGREEMENT (“First Amendment”) is entered into as of September 5, 2023, by Menard, Inc., a Wisconsin corporation, hereinafter referred to as “Developer,” its successors and assigns, and the CITY OF EDEN
PRAIRIE, a municipal corporation, hereinafter referred to as “City”:
WITNESSETH: WHEREAS, Developer has applied to City for Planned Unit Development Concept
Review on 15.72 acres, Planned Unit Development District Review with waivers on 15.72 acres,
and Site Plan Review on 15.72 acres (the “Applications”), for real property legally described on Exhibit A (the “Property”); WHEREAS, on August 27, 2009, the City adopted Ordinance No. 7-2009-PUD-1-2009,
placing the Property within the Commercial Regional Service Zoning District 7-2009-PUD-1-
2009 (the “Original PUD”); WHEREAS, the Original PUD subjects the Property to that certain Development Agreement between Developer and the City dated August 18, 2009, filed on August 31, 2009, with
the Hennepin County Registrar of Titles as Document No. 4681500, pertaining to the Property
(“Original Development Agreement”);
2
First Amendment to Menards Development Agreement
WHEREAS, the Applications request an amendment to the Original PUD.
NOW, THEREFORE, in consideration of the City adopting Ordinance No. _________________ for Planned Unit Development Concept Review on 15.72 acres and Resolution No. ________________ for Site Plan Review on 15.72 acres, the Developer and the City agree to the amendment of the Original PUD and the Original Development Agreement as
follows:
1. REAFFIRMING CONDITIONS OF DEVELOPMENT AGREEMENT: Developer agrees to all of the terms, conditions and obligations of “Developer” under the Original Development Agreement except as inconsistent with or amended by this Amendment.
2. PLANS: Developer must develop the Property in conformance with the materials reviewed and approved by the City Council on August 15, 2023, identified on Exhibit B (hereinafter the “Plans”), subject to such changes and modifications as provided herein.
3. EXTERIOR MATERIALS: As part of the building permit application materials,
Developer must submit to the City Planner, and receive the City Planner’s written approval of a plan depicting exterior materials and colors to be used on the buildings on the Property consistent with the Exhibit B Plans.
Prior to issuance of any occupancy permit for the Property, Developer must complete
implementation of the approved exterior materials and colors plan in accordance with the terms and conditions of Exhibit C. 4. OTHER AGENCY APPROVALS: The Developer must submit copies of all necessary
approvals issued by other agencies for the project to the City Engineer. These submittals
are required prior to issuance by the City of the corresponding City permit(s). The agencies issuing such approvals include but are not necessarily limited to the following: the Minnesota Pollution Control Agency, Metropolitan Council Environmental Services, Riley Purgatory Bluff Creek Watershed District, the Minnesota Department of Health, the
Minnesota Department of Transportation, and Hennepin County.
The City Planner may determine that conditions of approval required by the Riley Purgatory Bluff Creek Watershed District require changes to the City approvals granted with this Agreement which may entail additional City review, including public hearing(s)
for recommendation by the Planning Commission and approval by the City Council.
Developer consents to such additional review as determined by the City Planner and agrees to an extension pursuant to Minn. Stat. Section 15.99 of an additional 60 days for the additional review.
5. PUD WAIVERS GRANTED: All PUD waivers granted in the Original PUD, as reflected
in the Original Development Agreement are upheld unless amended by this First
3
First Amendment to Menards Development Agreement
Amendment. The City hereby grants the following waivers to City Code requirements within the Commercial-Regional-Service Zoning District through the Planned Unit
Development District Review for the Property and incorporates said waivers as part of
PUD (list PUD number): a) Base Area Ratio (BAR)/Floor Area Ratio (FAR) City Code has a maximum BAR of 0.2 and a maximum FAR of .4 for
multistory commercial buildings. This waiver permits a BAR to 0.27 and
FAR to 0.437. b) Side Yard Setback In the Commercial Regional Services zoning district, side yard setbacks are
20 feet for either principal or accessory structures. This waiver allows the
northern side yard setback to be reduced to 11 feet, 8 inches. c) Sign Area City Code allows commercial properties sign area up to 15 percent of the
building façade area up to 300 square feet. The front of the building
currently has roughly 298 square feet of signage comprised of multiple signs. This waiver allows up to 348 square feet of wall signage on the front façade of the Menards building, comprised of multiple signs.
d) Exterior Building Materials
City Code requires an exterior building materials ratio of 75 percent Class I and 25 percent Class II materials. This waiver allows a ratio of 70.5 percent Class I and 29.5 Class II materials on the entire rear façade.
6. SIGNS: For each sign that requires a permit under Eden Prairie City Code Section 11.70,
Developer must obtain a sign permit from the City. The application must include a complete description of the sign and a sketch showing the size, location, the manner of construction, and other such information as necessary to inform the City of the kind, size, material construction, and location of any such sign in accordance with the requirements
of City Code, Section 11.70, Subdivision 5.
7. TRASH, RECYCLING, AND ORGANICS: Developer agrees that all trash, recycling, and organic waste bins or receptacles will at all times be located inside of the building.
8. LANDSCAPE & TREE REPLACEMENT PLAN: Prior to issuance of a utility or
building permit (whichever occurs first), the Developer must submit to the City Planner and receive the City Planner’s written approval of an executed landscape agreement and a final landscape or tree replacement plan for the Property. The approved landscape or tree replacement plan must be consistent with the quantity, type, and size of all plant materials
shown on the landscape or tree replacement plan on the Exhibit B Plans and including all
proposed trees, shrubs, perennials, and grasses. The approved landscape or tree
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First Amendment to Menards Development Agreement
replacement plan must include replacement trees of a 2.5-inch diameter minimum size for a shade tree and a 6-foot minimum height for conifer trees. The approved landscape or tree
replacement plan must also provide that, should actual tree loss exceed that calculated
herein, Developer must provide tree replacement on a caliper inch per caliper inch basis for such excess loss. Prior to utility or building permit issuance (whichever occurs first), Developer must also
submit to the City Planner and receive the City Planner's written approval of a security in
the form of a cash escrow or letter of credit equal to 150% of the cost of the tree and landscape improvements including all proposed trees, shrubs, perennials, and grasses as depicted on the landscape and/or tree replacement plan on the Exhibit B Plans (the “Landscape Security”). The Landscape Security will be held for two full growing seasons
after the installation of all plantings and inspection by the City. A growing season is the
part of the year during which rainfall and temperature allow plants to grow (approximately April-October). The installation must conform to the approved landscape or tree replacement plan including
but not limited to the size, species and location as depicted on the Exhibit B Plans. Any
changes proposed to the landscape plan or landscaping installed on the Property, including but not limited to removal and relocation, must be reviewed and approved by the City Planner prior to implementing such changes. Developer must complete implementation of the approved landscape or tree replacement plan as depicted on the Exhibit B Plans and in
accordance with the terms and conditions of Exhibit C of this Agreement. The Landscape
Security will be released in accordance with the terms of the landscape agreement. 9. PUBLIC IMPROVEMENTS: Prior to issuance by the City of any permit for the construction of the public sanitary sewer through the Property (the “Public
Improvements”), Developer must submit to the City Engineer, and obtain the City
Engineer's written approval of plans for the Public Improvements. Plans must be prepared and properly signed by a currently licensed Professional Civil Engineer (Engineer of Record) employed by the Developer. The submitted plans must be of a plan view and profile format on 24” x 36” (or 22” x 34”) plan sheets at 50 scale consistent with City
standards. Plans must include a bypass pumping plan for the existing sanitary sewer. Prior
to issuance of the utility permit, Developer must furnish to the City Engineer and receive the City Engineer’s written approval of financial security equal to 125% of the cost of the Public Improvements. A fee of five percent (5%) of construction value must also be paid to City by Developer for engineering review services. The Developer’s licensed
Professional Civil Engineer (Engineer of Record) must provide daily inspection of the
Public Improvements, certify completion in conformance to approved plans and specifications, and provide record drawings and testing results. 10. UTILITY EASEMENTS: Developer agrees that prior to issuance of the utility permit for
the Property, Developer must convey drainage and utility easements to the City as shown
on the Plans and in the form attached as Exhibit D.
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First Amendment to Menards Development Agreement
11. VACATION OF DRAINAGE AND UTILITY EASEMENTS: Prior to the issuance of
the utility permit or building permit (whichever occurs first), the Developer must submit
to the City Engineer the following: (i) written evidence that all utility companies with infrastructure within existing drainage and utility easements have consented to the vacation of the drainage and utility easements as identified in the Plans, such document to be in form and content acceptable to the City, and (ii) that the Developer has a written agreement with
each utility company to relocate or abandon existing utility lines if required by the utility
company. Furthermore, prior to the issuance of utility permit or building permit (whichever occurs first), the City Council must have adopted a resolution vacating existing drainage and utility easements as presented in the Plans.
12. SALT AND SNOW STORAGE: Salt storage is not allowed on the Property unless the
Property Owner and any agents, tenants, or contractors employ best management practices to minimize the discharge of polluted runoff from salt storage and: 1. The designated salt storage area is indoors;
2. The designated salt storage area is located on an impervious surface and
downgradient from any Stormwater Facilities; and 3. Practices to reduce exposure when transferring material in designated salt storage areas (sweeping, diversions, and/or containment) are implemented.
Salt applicators must possess current Smart Salting Level 1 and Level 2 Certification from
the Minnesota Pollution Control Agency. The certified individual(s) are responsible for the application of appropriate deicing material at the proper amount and rate.
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First Amendment to Menards Development Agreement
IN WITNESS WHEREOF, the parties to this First Amendment have caused these presents to be executed as of the day and year aforesaid.
CITY OF EDEN PRAIRIE
By___________________________
Ronald A. Case Its Mayor
By____________________________
Rick Getschow Its City Manager
STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ____ day of ________________, 2023, by Ronald A. Case and Rick Getschow, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation.
_______________________ Notary Public
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First Amendment to Menards Development Agreement
Menard, Inc.
By ________________________________ Its ________________________________
STATE OF ____________________) ) ss. COUNTY OF __________________)
The foregoing instrument was acknowledged before me this ____ day of ____________, 2023, by
_______________________________________, the , of Menard, Inc., a Wisconsin corporation, on behalf of the company.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
CITY OF EDEN PRAIRIE
8080 MITCHELL ROAD EDEN PRAIRIE, MN 55344
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First Amendment to Menards Development Agreement
EXHIBIT A
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT FOR MENARDS
Legal Description Lot 1, Block 1, Menard 8th Addition, Hennepin County, Minnesota
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First Amendment to Menards Development Agreement
EXHIBIT B
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT FOR MENARDS
Public Sanitary Sewer Relocation Title Sheet dated 6/16/2023 by JSD, Inc. Public Sanitary Sewer Relocation Demolition Plan dated 6/16/2023 by JSD, Inc. Public Sanitary Sewer Relocation Utility Plan dated 6/16/2023 by JSD, Inc. Public Sanitary Sewer Relocation Public Sanitary Plan and Profile dated 6/16/2023 by JSD, Inc.
Public Sanitary Sewer Relocation Details dated 6/16/2023 by JSD, Inc.
Demolition Plan dated 5/4/2023 by Loucks, Inc. Site Plan dated 5/4/2023 by Loucks, Inc. Grading Plan dated 6/20/2023 by Loucks, Inc. Utility Plan dated 6/20/2023 by Loucks, Inc.
Detail Sheet dated 5/4/2023 by Loucks, Inc.
Gate Remodel Elevations dated 1/20/23 by Menard, Inc. Gate Expansion Narrative dated 8/31/22 by Menard, Inc.
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First Amendment to Menards Development Agreement
EXHIBIT C
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT FOR
MENARDS
1. The Development Agreement must be recorded with the Hennepin County Recorder and/or
Registrar of Titles as applicable prior to release of the final plat or, if no final plat, prior to the issuance of any permit or approval for the development, unless specifically authorized by the City Planner. The final plat will not be released until recording of the Development Agreement is complete, unless otherwise agreed to by the City, in which case the City
Attorney will provide a letter with document recording order and instructions that must be
complied with by the Developer.
2. Prior to release of the final plat, Developer must submit public infrastructure plans to the City Engineer for approval (1” = 50’ scale).
3. With respect to all portions of the Property which Developer is required to dedicate to the
City on the final plat or convey to the City by deed (the “Dedicated or Conveyed
Property”), Developer represents and warrants as follows:
a. That at the time of dedication or conveyance, title to the Dedicated or Conveyed Property is or will be marketable fee title, free and clear of all mortgages, liens, and other encumbrances, subject to any easements or minor title imperfections
acceptable to the City in its sole discretion (“Marketable Title”). Prior to final plat
approval, Developer must provide title evidence satisfactory to the City Attorney establishing Marketable Title. The City, at its discretion, may require Developer to provide, at Developer’s cost, an owner’s policy of title insurance in a policy amount determined by the City, insuring Marketable Title in the name of the City after the
dedication or conveyance.
b. That Developer has not used, employed, deposited, stored, disposed of, placed, or otherwise allowed to come in or on the Dedicated or Conveyed Property, any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to those defined in or pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat.
§ 115B.01, et. seq. (“Hazardous Substances”).
c. That Developer has not allowed any other person to use, employ, deposit, store, dispose of, place, or otherwise have, in or on the Dedicated or Conveyed Property, any Hazardous Substances.
d. That, to the best of Developer’s knowledge, no previous owner, operator, or
possessor of the Property deposited, stored, disposed of, placed, or otherwise
allowed in or on the Dedicated or Conveyed Property any Hazardous Substances.
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First Amendment to Menards Development Agreement
4. , to the best of Developer’s knowledge, Developer must submit detailed construction and storm sewer plans to the relevant Watershed District for review and approval. Developer
must follow all rules and recommendations of said Watershed District.
5. Developer must provide written notice to all private and public utilities prior to the commencement of any improvements on the Property.
6. The City will not issue any building permit for the construction of any building, structure, or improvement on the Property until all requirements listed in this Exhibit C have been
satisfactorily addressed by Developer. Developer’s obligation to address all requirements
of this Exhibit C will continue to apply notwithstanding the City’s issuance of permits or approvals for the Property.
7. Prior to release of the first building permit for the Property, and for any subsequent building permit for the Property if required by the City in its sole discretion, Developer must submit
to the City Engineer for approval a master grading plan (1" =100' scale) showing existing
and proposed contours, proposed streets, and lot arrangements and size, minimum floor elevations on each lot, preliminary alignment and grades for sanitary sewer, water main, and storm sewer, 100-year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots, location of walks, trails,
and any property deeded to the City.
8. Prior to building permit issuance, Developer must pay all fees associated with the building permit to the Building Inspections Division, including: building permit fee, plan check fee, State surcharge, metro system access charge (SAC), City SAC and City water access charge (WAC), park dedication, and other applicable fees. Developer must contact the
Metropolitan Council to determine the number of SAC units.
9. Prior to building permit issuance and except as otherwise authorized in the approved Plans, all existing structures must be properly removed as required by City Code, with necessary permits obtained through the Building Inspections Division.
10. Prior to building permit issuance and except as otherwise authorized in the approved Plans,
any wells and septic systems on the Property must be properly abandoned or removed as
required by City Code and Hennepin County ordinance, with necessary permits obtained through the Inspections Division.
11. Prior to building permit issuance, Developer must provide an ALTA survey or site plan completed by a licensed surveyor or engineer (1" = 50’ scale) showing proposed building
locations and all proposed streets, with approved street names, lot arrangements, and
property lines.
12. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof, Developer, for itself, its successors, and assigns, will not oppose the City’s reconsideration and rescission of any Rezoning, Planned Unit Development
review, Site Plan review and/or Guide Plan review approved in connection with this
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First Amendment to Menards Development Agreement
Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved.
13. This Agreement will run with the land and be binding upon and enforceable against the
Property and the Owners, their successors and assigns of the Property.
14. This Agreement is a contract between the City and the Developer. No provision of this Agreement inures to the benefit of any third person, including the public at large, so as to constitute any person as a third-party beneficiary of the Agreement or of any one or more
of its terms, or otherwise give rise to any cause of action for any person not a party to this
Agreement.
15. Developer acknowledges that the obligations of Developer contemplated in this Agreement are special, unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision of this
Agreement, City may be without an adequate remedy at law. Developer agrees, therefore,
that in the event Developer violates, fails, or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold permits or other City approvals, or rescind or revoke any approvals granted by the City. No remedy conferred in this Agreement is
intended to be exclusive and each will be cumulative and will be in addition to every other
remedy. The election of anyone or more remedies will not constitute a waiver of any other remedy.
16. No failure of the City to comply with any term, condition, or covenant of this Agreement will subject the City to liability for any claim for damages, costs or other financial or
pecuniary charges. No execution on any claim, demand, cause of action or judgment may
be levied upon or collected from the general credit, general fund or taxing powers of the City.
17. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to
identify the legal description of the Property after platting thereof.
Developer agrees to indemnify, defend, and hold harmless City, its successors and assigns, against any and all loss, costs, damage, or expense, including reasonable attorneys fees, that the City incurs because of the breach of any of the above representations or warranties or resulting from or due to the release or threatened release of Hazardous Substances which
were, or are claimed or alleged to have been, used, employed, deposited, stored, disposed
of, placed, or otherwise located or allowed to be located, in or on the Dedicated or Conveyed Property by Developer, its employees, agents, contractors, or representatives. 18. The Developer grants the City, its agents, employees, officers, and contractors a license to
enter the Property to perform all work and inspections deemed appropriate by the City in
conjunction with this Agreement.
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First Amendment to Menards Development Agreement
19. Developer will pay upon demand to the City all costs incurred by the City in conjunction with the Applications. These costs include internal City administrative, planning and,
engineering costs and consulting costs, including but not limited to legal, engineering,
planning and financial, in review, investigation, administering and processing the Applications and implementation of the approvals granted by the City.
20. The City is hereby granted the option, but not the obligation, to complete or cause completion in whole or part of the Developer’s obligations under this Agreement for which
a bond, letter of credit, cash deposit or other security (“Security”) is required if the
Developer defaults with respect to any term or condition in this Agreement for which Security is required and fails to cure such default(s) within ten (10) days after receipt of written notice thereof from the City; provided however if the nature of the cure is such that it is not possible to complete the cure within ten (10) days, it will be sufficient if the
Developer has initiated and is diligently pursuing such cure. The Developer acknowledges
that the City does not assume any obligations or duties of the Developer with respect to any contracts or agreements with third parties relating to the improvements unless otherwise agreed in writing by the City.
Subject to the notice provisions above, the City may draw down on or make a claim against
the Security, as appropriate, upon five (5) business days’ notice to the Developer, for any
violation of the terms of this Agreement or if the Security lapses prior to the end of the required term. If the obligations for which Security is required are not completed at least thirty (30) days
prior to the expiration of the Security and if the Security has not been renewed, replaced or
otherwise extended beyond the expiration date, the City may also draw down or make a claim against the Security as appropriate. If the City draws down or makes a claim against the Security, the proceeds will be used to cure the default(s) and to reimburse the City for all costs and expenses, including attorney fees, incurred by the City in enforcing this
Agreement.
21. In the event of a violation of City Code relating to use of the Property and construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement, City will give 24 hours’ notice of such violation, or such longer period as determined by the City in its sole discretion given the nature of the violation, in order to
allow a cure of such violation. The City need not issue a building or occupancy permit for
construction or occupancy on the Property while such a violation is continuing.
The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement will be determined solely and conclusively by the City Manager or his or her designee.
22. Developer will release, defend, and indemnify City, its elected and appointed officials,
employees, and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys’ fees), damages and injunctions relating to any acts, failures
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First Amendment to Menards Development Agreement
to act, errors, omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and agents. Developer will not be released from its
responsibilities to release, defend, and indemnify because of any inspection, review, or
approval by City.
23. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning, and Chapter 12, Subdivision Regulations, of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop
the Property in accordance with the requirements of all applicable City Code requirements
and City Ordinances.
24. Developer agrees that the Property will be operated in a manner meeting all applicable noise, vibration, dust and dirt, smoke, odor and glare laws and regulations. Developer further agrees that the facility upon the Property will be operated so noise, vibration, dust
and dirt, smoke, odor, and glare do not go beyond the Property boundary lines in violation
of applicable laws or regulations.
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First Amendment to Menards Development Agreement
EXHIBIT D
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT FOR
MENARDS
DRAINAGE AND UTILITY EASEMENT Menard, Inc., a corporation, organized under the laws of the State of Wisconsin
(“Grantor”) hereby grants and conveys this 5th day September, 2023 to City of Eden Prairie, a
municipal corporation organized under the laws of the State of Minnesota (“Grantee”) an easement (“Easement”) for the following uses and purposes and subject to the following terms and conditions on, over, under and across real property in the County of Hennepin, State of Minnesota and described in Exhibit A and made a part of (“Easement Parcel”).
1. Uses and Purposes. The Drainage and Utility Easement shall be for:
A. Drainage and Utility.
The construction, reconstruction, maintenance, and access for the storm sewer, sanitary sewer and watermain. If the Easement Parcel is disturbed by Grantee, then Grantee agrees to restore the Easement Parcel to a reasonably similar condition that it existed
in prior to exercising its rights under this Easement.
2. Nonexclusive. The Easement shall be nonexclusive; provided, however, this Easement shall be prior
to and superior to any other easement hereinafter granted. Any future easement shall be
subject to and subordinate to, and shall not interfere with, the Easement without the consent, in writing, of Grantee. 3. Duration of Easement.
The Easement shall be perpetual, shall run with the land, shall be binding upon Grantor and its successors and assigns and shall be for the benefit of Grantee and its successors and assigns.
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First Amendment to Menards Development Agreement
WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid.
CITY OF EDEN PRAIRIE, a Minnesota municipal corporation
By:
Ronald A. Case
Its Mayor
By:
Rick Getschow Its City Manager
STATE OF MINNESOTA )
) ss. COUNTY OF HENNEPIN ) This instrument was acknowledged before me on this day of ,
2023, by Ronald A. Case and Rick Getschow, the Mayor and City Manager, respectively,
of the City of Eden Prairie, a municipal corporation organized under the laws of the State of Minnesota, on behalf of said corporation.
Notary Public
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First Amendment to Menards Development Agreement
MENARD, INC.
___________________________ By: Theron J. Berg Its: General Manager Properties
STATE OF WISCONSIN ) ) ss.
COUNTY OF EAU CLAIRE )
This instrument was acknowledged before me on this day of ___ , 2023, by Theron J. Berg, as General Manager Properties of Menard, Inc., a corporation organized under the laws of the State of Wisconsin, on behalf of said corporation.
Notary Public
Drafted By:
The City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344
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First Amendment to Menards Development Agreement
Exhibit A To Drainage and Utility Easement
Description of Easement Parcel Part of Lot 1 in Block 1 of Menard 8th Addition, Hennepin County, Minnesota and more particularly described as follows:
Beginning at the Southeasterly corner of Lot 1 in Block 1 of Menard 5th Addition; thence North 43 degrees 33 minutes 11 seconds East (assumed bearing) along the Southeasterly line of said Lot 1 a distance of 4.37 feet; thence South 46 degrees 26 minutes 49 seconds East parallel with the Southwesterly line of said Lot 1 a distance of 16.14 feet; thence South 11 degrees 04 minutes 31
seconds East a distance of 73.66 feet to a Northeasterly line of an existing drainage and utility easement per Menard 8th Addition; thence North 44 degrees 51 minutes 21 seconds West along said Northeasterly line a distance of 2.71 feet; thence North 43 degrees 55 minutes 26 seconds West along said Northeasterly line a distance of 34.09 feet; thence North 11 degrees 04 minutes 30 seconds West a distance of 45.03 feet; thence North 46 degrees 26 minutes 49 seconds West parallel with the
Southwesterly line of said Lot 1 a distance of 34.32 feet; thence South 72 degrees 39 minutes 33 seconds West a distance of 25.62 feet to a Northeasterly line of an existing drainage and utility easement per Menard 8th Addition; thence North 43 degrees 55 minutes 26 seconds West along said Northeasterly line a distance of 16.06 feet to a Northwesterly line of an existing drainage and utility
easement per Menard 8th Addition; thence North 43 degrees 59 minutes 34 seconds East along said Northwesterly line a distance of 11.75 feet; thence North 72 degrees 39 minutes 33 seconds East a distance of 23.53 feet to the Southwesterly line of said Lot 1; thence South 46 degrees 26 minutes 49 seconds East along said Southwesterly line a distance of 48.57 feet to the Point of Beginning.
Said easement contains 2,341 square feet or 0.054 acres more or less.
Requested Action Move to:
• Approve the 2nd 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
• Adopt a Resolution for Site Plan Review on 3.79 acres
• Adopt a Resolution for a Conditional Approval of the Development Agreement for Baker Road Assisted Living Synopsis
This is the second reading for the Baker Road Assisted Living project. 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. The property was originally guided Office in the Comprehensive Plan. The Metropolitan Council recently
approved 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 The first reading for this project was held at the June 13, 2023 City Council meeting. At the meeting, the City Council directed the developer to include a barrel roof feature on the bump out portions of the new addition because it ties the existing building and new building together.
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE
September 5, 2023
DEPARTMENT/DIVISION:
Community Development/Planning
Julie Klima/Beth Novak-Krebs
ITEM DESCRIPTION
Baker Road Assisted Living
ITEM NO.
VIII.B.
In addition, City Council directed staff to look into the possibility of adding a speed bump along the shared drive to slow drivers going through the parking lot of the 6200 Baker Road to access the subject
property. Staff consulted with emergency services and adding a speed bump should not be a problem
for emergency services. The developer has added the barrel roof feature back onto the bump outs as directed by the Council (see the renderings pictured below).
Version Presented on June 13, 2023
Version with Barrel Roof Added Back In
In addition, the developer has provided a revised site plan showing a potential location for a speed bump based on the follow up information from emergency services (see the revised site plan pictured below)
The 120-day review period expires on September 25, 2023. Attachments Attach 1 - Ordinance for Zoning Change and PUD District with Waivers
Attach 2 – Ordinance Summary Attach 3 - Resolution for Site Plan Review Attach 4 – Resolution for Conditional Approval of the Development Agreement Attach 5 – Development Agreement
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 Shire Properties, LLC 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 5th day of September, 2023.
ATTEST:
__________________________________ ___________________________________ Nicole Tingley, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Sun Sailor on September 14, 2023.
EXHIBIT A
Rezone from Office to RM-2.5
Legal Description: Lot 1, Block, 1, Impact Marketing Addition, Hennepin County, Eden Prairie, Minnesota
BAKER ROAD ASSISTED LIVING
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
SUMMARY OF 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 WITH A ZONING DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS,
CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Summary: This ordinance allows rezoning of land located at 6216 Baker Road from the
OFC Zoning District to the RM-2.5 Zoning District and amends the designation of that land into a Planned Unit Development District. Exhibit A, included with this Ordinance, gives the full legal description of this property.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
___________________________ _____________________________ Nicole Tingley, City Clerk Ronald A. Case, Mayor PUBLISHED in the Sun Sailor on September 14, 2023.
(A full copy of the text of this Ordinance is available from City Clerk.)
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2023-____
A RESOLUTION GRANTING SITE PLAN APPROVAL
FOR BAKER ROAD ASSISTED LIVING BY ERIC REINERS WHEREAS, Michael Knisely, has applied for Site Plan approval of Baker Road Assisted Living to remodel an existing office building into 24 assisted living units and build an addition with 81 additional assisted living units; WHEREAS, zoning approval for the Baker Road Assisted Living facility was granted
by an Ordinance approved by the City Council on September 5, 2023; and
WHEREAS, the Planning Commission reviewed said application at a public hearing at its May 22, 2023 meeting and recommended approval of said site plans; and
WHEREAS, the City Council has reviewed said application at 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 site plan approval for property legally described in
Exhibit A attached here to is granted to Eric Reiners, subject to the Development Agreement between Shire Properties, LLC and the City of Eden Prairie, reviewed and approved by the City Council on September 5, 2023.
ADOPTED by the City Council of the City of Eden Prairie this 5th day of September, 2023.
_______________________________
Ronald A. Case, Mayor
ATTEST:
___________________________
Nicole Tingley, City Clerk
EXHIBIT A
Site Plan
Legal Description: Lot 1, Block 1, Impact Marketing Addition, Hennepin County, Minnesota.
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2023-____ A RESOLUTION FOR CONDITIONAL APPROVAL OF THE DEVELOPMENT AGREEMENT FOR BAKER ROAD ASSISTED LIVING WHEREAS, the Developer has requested to sign and execute the Development Agreement for Baker Road Assisted Living (the “Project”) at the closing of Developer’s purchase of the 6216 Baker Road property; and,
WHEREAS, the City is amenable to allowing the Developer to sign and execute the Development Agreement at the closing; and,
WHEREAS, the approval of this Agreement, second reading of Ordinance No ____ , and Resolution No granting Site Plan approval are contingent upon receipt by the City Manager of documentation acceptable to the City Manager that Shire Properties, LLC has acquired fee simple interest in the Property as defined in the Development Agreement. If the City Manager does not receive such documentation on or prior to December 5, 2023, the above Ordinance, Resolution, and approvals are null
and void and of no further effect. The City Council may, but is not required to, take such further action to confirm that the Ordinance, Resolution, are null and void and of no further effect; and,
WHEREAS, the City Council has reviewed the Project at a public hearing at its June 13, 2023, meeting.
WHEREAS, the City Council has reviewed the Development Agreement for the Project at its
September 5, 2023, meeting.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that the Development Agreement between Shire Properties, LLC and the
City of Eden Prairie is conditionally approved by the City Council on September 5, 2023, and is
conditioned upon the Developer providing the City Manager documentation that the Shire Properties, LLC has acquired fee simple interest in the Property. If the City Manager does not receive such documentation on or prior to December 5, 2023, the above Ordinance, Resolution, and approvals are null and void and of no further effect. The City Council may, but is not required to, take such further action to confirm that the
Ordinance, Resolution, are null and void and of no further effect.
ADOPTED by the City Council of the City of Eden Prairie this 5th day of September, 2023.
____________________________________
Ronald A. Case, Mayor
ATTEST:
___________________________
Nicole Tingley, City Clerk
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Baker Road Assisted Living Development Agreement
DEVELOPMENT AGREEMENT
Baker Road Assisted Living
THIS DEVELOPMENT AGREEMENT (“Agreement”) is entered into as of __________, 2023, by Shire Properties, LLC, a Minnesota limited liability company, hereinafter referred to as “Developer,” its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as “City”:
WITNESSETH: WHEREAS, Developer has applied to City for Guide Plan Change from Office to Medium High Density Residential on 3.79 acres, Planned Unit Development Concept Review on 3.79 acres
acres, Planned Unit Development District Review with waivers on 3.79 acres, Zoning District
Change from Office to RM-2.5 Zoning District on 3.79 acres, and Site Plan Review on 3.79 acres (the “Applications”), for real property legally described on Exhibit A (the “Property”); WHEREAS, Developer proposes to improve the Property in two phases: the first phase
will include interior remodeling of the existing building on the Property (“Phase I Improvements”),
and the second phase will include the construction of a 53,392 square foot addition onto the existing building, which will requires extensive site work, stormwater management, landscaping, and other site improvements (the “Phase II Improvements”);
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Baker Road Assisted Living Development Agreement
WHEREAS, the prior owner of the Property and City entered into that certain Development Agreement between the parties dated September 3, 1996, pertaining to the Property
(“Original Development Agreement”).
NOW, THEREFORE, in consideration of the City adopting Resolution No.__________ for Guide Plan Change, Resolution No. __________ for Planned Unit Development Concept Review, Ordinance No. __________ for Planned Unit Development District Review and Zoning
District Change from Office to RM-2.5 on 3.79 acres, and Resolution No. ____________ for Site
Plan Review Developer agrees to construct, develop and maintain the Property as follows: 1. PRIOR DEVELOPMENT AGREEMENTS. This Agreement supersedes in its entirety the Original Development Agreement as it applies to the Property (Lot 1, Block 1, Impact
Marketing Addition). The Original Development Agreement shall remain in full force and
effect as applied to the remainder of the Property covered by the Original Development Agreement (Lot 2, Block 1, Impact Marketing Addition) unless and until a new development agreement is executed by the City and property owners in connection with such remainder of the Property.
2. PLANS: Developer must develop the Property in conformance with the materials reviewed and approved by the City Council on June 13, 2023, identified on Exhibit B (hereinafter the “Plans”), subject to such changes and modifications as provided herein.
3. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set
forth in Exhibit C. 4. CROSS ACCESS EASEMENT, UTILITY AND MAINTENANCE AGREEMENT: Prior to issuance of the building permit for the Phase I Improvements, Developer must
provide a Cross Access Easement, Utility and Maintenance Agreement over the private
driveways and infrastructure located on the Property and on Lot 2, Block 1, Impact Marketing Addition that provides cross access and utility access both parcels. The form of the Agreement must be approved in writing by the City Engineer. This Agreement must replace the Declaration of Easement relating to the parcels dated October 3, 1996, filed
with the Hennepin County Recorder on March 20, 1997 as Document No. 6712383 and
address joint vehicle access and maintenance over the private streets, storm sewers, sanitary sewer, watermain and stormwater management facilities. All of these facilities will be privately owned and maintained by the Developer or Owner. After approval by the City, Developer must file the Cross Access Easement, Utility and Maintenance Agreement
with the Hennepin County Recorder or Registrar of Titles’ Office as appropriate
immediately after the recording of the final plat and prior to recording of any document affecting the property including but not limited to any mortgage granted by the Developer or owners, their successors and/or assigns.
Prior to the issuance of the first building permit for the Property, Developer must submit
to the City Engineer proof that the Cross Access Easement, Utility and Maintenance
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Baker Road Assisted Living Development Agreement
Agreement has been recorded in the Hennepin County Recorder and/or Registrar of Titles’ Office as appropriate.
5. ELECTRIC VEHICLE CHARGING STATION(S): Developer must install two electric vehicle (EV) charging stations and the infrastructure for 11 additional charging stations in the surface parking lot during the construction of the Phase II Improvements, in accordance with the Exhibit B Plans. The two EV charging station(s) must be installed
and operational prior to issuance of a certificate of occupancy for the building constructed
with the Phase II Improvements. 6. EXTERIOR MATERIALS: As part of the building permit application materials, Developer must submit to the City Planner, and receive the City Planner’s written approval
of a plan depicting exterior materials and colors to be used on the buildings on the Property
consistent with the Exhibit B Plans. Prior to issuance of any occupancy permit for the Property, Developer must complete implementation of the approved exterior materials and colors plan in accordance with the
terms and conditions of Exhibit C.
7. GRADING, DRAINAGE, AND STORMWATER POLLUTION PREVENTION PLANS:
A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading
and drainage plan contained in the Plans is conceptual. Prior to the release of a land alteration permit for the Property, Developer must submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan must be prepared and properly signed by a
currently licensed Professional Civil Engineer hired by the Developer. The final
grading and drainage plan must include: 1. Wetland information, including wetland boundaries, wetland buffer strips and wetland buffer monument locations;
2. “Stormwater Facilities” as that term is defined in City Code Section 11.55,
Subd. 2, including all stationary, temporary, and permanent stormwater BMPs designed, constructed and operated to prevent or reduce the discharge of pollutants in stormwater as well as structures built to collect, convey or store stormwater (“Stormwater Facilities”); and
3. Any other items required with the land alteration permit application and/or by
the City Engineer for release of the permit. B. LAND ALTERATION PERMIT: Developer must submit the following with all land alteration, grading and/or filling permit applications as described below and in
accordance with City Code:
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Baker Road Assisted Living Development Agreement
1. Design calculations for storm water quality, rate, 100-year high water level (HWL), and volume, together with a drainage area map;
2. Logs for geotechnical borings and/or infiltration tests within the footprint of all proposed permanent stormwater management BMPs. Geotechnical borings must extend to a minimum depth of five (5) feet below the proposed bottom of the BMP. If the infiltration rates indicated by the geotechnical borings and/or
infiltration tests are more restrictive than the assumptions made in the
Stormwater Management Report, the design of the permanent stormwater management BMPs must be amended accordingly and an updated Stormwater Management Report must be provided;
3. Financial security in the form of a bond, cash escrow, or letter of credit, equal
to 125% of the cost of the improvements to be made pursuant to the permit, in a format approved by the City and as required by City Code Section 11.55, Subd. 11 (the “Land Alteration Security”);
4. At the request of the City Engineer, a maintenance and monitoring plan must
be submitted for all privately owned Stormwater Facilities to ensure they continue to function as designed in perpetuity, pursuant to and in accordance with City Code Section 11.55, Subd. 7 (“Maintenance and Monitoring Plan”); The Maintenance and Monitoring Plan must include, at a minimum:
a) The party(s) responsible for maintenance
b) Access plans for inspections, monitoring and/or maintenance c) Planting plan (if applicable) d) Routine and non-routine inspection procedures e) Frequency of inspections
f) Sweeping frequency for all parking and road surfaces (if applicable)
g) Plans for restoration or repairs (including reduced infiltration when applicable) h) Performance standards i) Corrective actions that will be taken if the stormwater facility(s) does not
meet performance specifications
6. Erosion and sedimentation control plan;
7. Copy of the Stormwater Pollution Prevention Plan (“SWPPP”) if required by
the Minnesota Pollution Control Agency Construction Stormwater Permit; 8. Infiltration Practices: All proposed practices, measures and methods must be in accordance with the Minnesota Stormwater Manual. For land alteration permit
applications for projects that incorporate infiltration practices as part of the
Stormwater Facility, this includes but is not limited to:
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Baker Road Assisted Living Development Agreement
a) Construction management practices that will be used to ensure the
infiltration system(s) will be protected during construction and functional
after completion of construction b) Erosion control measures that will be used to delineate and protect the infiltration system(s) during construction c) Proposed infiltration volumes in cubic feet and rates in inches per hour
d) Methods that will be used for field verification of infiltration for
stormwater infiltration systems e) Methods that will be used to assure that infiltration is restored, if needed f) Locations for material storage establishing that materials will not be stockpiled or stored within the proposed infiltration area(s)
g) Vehicular access and parking routes (must not be allowed within the
infiltration area(s)) h) Construction techniques that will be used to protect the infiltration capacity by limiting soil compaction the greatest extent possible, including use of erosion control fencing to delineate the infiltration area
and use of low-impact earth moving equipment
C. STORMWATER FACILITY MONITORING DURING CONSTRUCTION: The Developer must employ the licensed Professional Engineer who prepared the final grading plan or another licensed professional qualified to perform the work
(to be approved in writing by the City Engineer) to complete the following:
1. Monitor the construction of Stormwater Facilities and temporary BMPs for conformance to the approved final grading plan, the Minnesota Storm Water Manual, and the SWPPP.
2. Enter all inspection, monitoring, and maintenance activities and/or reports regarding site construction and land alteration permit requirements into the City’s web-based erosion and sediment control permit tracking program (currently PermiTrack ESC). Inspections must be conducted at least bi-weekly
between April 1 and October 31 and after precipitation events exceeding 0.5
inches. D. STORMWATER FACILITY MAINTENANCE: Stormwater Facilities must be maintained by the Developer during construction and for a minimum of two (2) full
growing seasons after City acceptance of the public infrastructure as determined by
the City Engineer. Repairs completed during this time must be done in accordance with the land alteration permit and City Code Section 11.55, Subd. 7. If the Stormwater Facilities are not functioning as designed at the end of the minimum 2-year period, the City Engineer may extend the Developer’s maintenance
responsibility or require further repairs.
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Baker Road Assisted Living Development Agreement
Once the minimum 2-year period has been reached or the City has determined that the Stormwater Facilities conform to the design criteria established in the land
alteration permit and the SWPPP, whichever is longer, the then-current owner of
the Property will be responsible for all future inspections and maintenance of the Stormwater Facilities in accordance with City Code Section 11.55, Subd. 7 An Inspection and Maintenance Agreement for Private Stormwater Facilities
(Exhibit D) must be recorded for privately owned and maintained Stormwater
Facilities. Pervious surfaces must be stabilized with seed and mulch or sod and all impervious surfaces must be completed prior to final grading and planting of the stormwater
infiltration systems.
E. LAND ALTERATION PERMIT FINANCIAL SECURITY RELEASE: Prior to release of the Land Alteration Security, Developer must complete implementation of the approved SWPPP. Any remaining Land Alteration Security
must be released to the person who deposited the Land Alteration Security upon
determination by the City that the requirements of City Code Section 11.55 and the conditions of the land alteration permit have been satisfactorily performed. 8. GRADING IN THE WOODED AREAS ON SITE: Prior to grading within any of the
wooded areas on the Property, as depicted on the Grading Plan Developer must submit to
the City Forester and receive the City Forester's written approval of a plan depicting construction grading limits on the Property. Prior to the issuance of any land alteration permit, Developer must place a construction fence on the approved construction grading limits. Developer must notify the City and watershed district 48 hours in advance of
grading so that the construction limit fence may be field inspected and approved by the
City Engineer and City Forester. Developer must maintain the construction limit fence until the City grants written approval to remove the fence. 9. IRRIGATION PLAN: If irrigation is installed on the Property, Developer must submit to
the City Planner and receive the City Planner’s written approval of a plan for irrigation of
the landscaped areas on the Property. The irrigation plan must be designed so that water is not directed on or over public trails and sidewalks. Developer must complete implementation of the approved irrigation plan in accordance
with the terms and conditions of Exhibit C.
10. LANDSCAPE & TREE REPLACEMENT PLAN: Prior to issuance of a land alteration permit for the Phase II Improvements, the Developer
must submit to the City Planner and receive the City Planner’s written approval of an
executed landscape agreement and a final landscape or tree replacement plan for the
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Baker Road Assisted Living Development Agreement
Property. The approved landscape or tree replacement plan must be consistent with the quantity, type, and size of all plant materials shown on the landscape or tree replacement
plan on the Exhibit B Plans and including all proposed trees, shrubs, perennials, and
grasses. The approved landscape or tree replacement plan must include replacement trees of a 2.5-inch diameter minimum size for a shade tree and a 6-foot minimum height for conifer trees. The approved landscape or tree replacement plan must also provide that, should actual tree loss exceed that calculated herein, Developer must provide tree
replacement on a caliper inch per caliper inch basis for such excess loss.
Prior to land alteration permit issuance for the Phase II Improvements, Developer must also submit to the City Planner and receive the City Planner's written approval of a security in the form of a cash escrow or letter of credit equal to 150% of the cost of the
tree and landscape improvements including all proposed trees, shrubs, perennials, and
grasses as depicted on the landscape and/or tree replacement plan on the Exhibit B Plans (the “Landscape Security”). The Landscape Security will be held for two full growing seasons after the installation of all plantings and inspection by the City. A growing season is the part of the year during which rainfall and temperature allow plants to grow
(approximately April-October).
The installation must conform to the approved landscape or tree replacement plan including but not limited to the size, species and location as depicted on the Exhibit B Plans. Any changes proposed to the landscape plan or landscaping installed on the Property, including
but not limited to removal and relocation, must be reviewed and approved by the City
Planner prior to implementing such changes. Developer must complete implementation of the approved landscape or tree replacement plan as depicted on the Exhibit B Plans and in accordance with the terms and conditions of Exhibit C of this Agreement. The Landscape Security will be released in accordance with the terms of the landscape agreement.
11. MECHANICAL EQUIPMENT SCREENING: Developer must screen all mechanical equipment on the Property. For purposes of this paragraph, “mechanical equipment” includes gas meters, electrical conduits, water meters, generators, and standard heating, ventilating, and air-conditioning units. Financial security to guarantee construction of such
screening is included with the Landscape Security. Developer must complete construction
of mechanical equipment screening prior to issuance of any occupancy permit for the Property. If, after completion of construction of the mechanical equipment screening, it is determined
by the City Planner, in his or her sole discretion, that the constructed screening does not
meet City Code requirements to screen mechanical equipment from public streets and differing, adjacent land uses, then the City Planner will notify Developer and Developer must take corrective action to reconstruct the mechanical equipment screening in order to cure the deficiencies identified by the City Planner. Developer agrees that the City will not
release the Landscape Security until Developer completes all such corrective measures.
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Baker Road Assisted Living Development Agreement
12. MORTGAGEE CONSENT AND SUBORDINATION: For any mortgage lien recorded against the Property prior to recording this Agreement, Developer must deliver to the City
a mortgagee consent and subordination in a form approved by the City and attach the
executed form to the Agreement submitted for recording. 13. OTHER AGENCY APPROVALS: The Developer must submit copies of all necessary approvals issued by other agencies for the project to the City Engineer. These submittals
are required prior to issuance by the City of the corresponding City permit(s). The agencies
issuing such approvals include but are not necessarily limited to the following: the Minnesota Pollution Control Agency, Metropolitan Council Environmental Services, Nine Mile Creek Watershed District, the Minnesota Department of Health, the Minnesota Department of Transportation, Hennepin County.
The City Planner may determine that conditions of approval required by the Nine Mile Creek Watershed District require changes to the City approvals granted with this Agreement which may entail additional City review, including public hearing(s) for recommendation by the Planning Commission and approval by the City Council.
Developer consents to such additional review as determined by the City Planner and agrees
to an extension pursuant to Minn. Stat. Section 15.99 of an additional 60 days for the additional review. 14. PUD WAIVERS GRANTED: The City hereby grants the following waivers to City Code
requirements within the RM-2.5 Zoning District through the Planned Unit Development
District Review for the Property and incorporates said waivers as part of PUD (list PUD number):
• Maximum Gross Density- City Code allows a maximum density of 17.4 units per
acre in the RM-2.5 zoning district. The waiver allows a gross density of 27.7 units per acre.
• Covered Parking – City Code requires one parking stall for every four beds plus
one stall for each employee on the largest work shift, with half of the required parking stalls to be enclosed. The approval of the project waives the covered parking requirement.
• 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’- 2”. The waiver allows a taller parapet at 47’- 2”.
• Parking Lot Island Size – City Code requires parking lot islands to be a minimum of
160 square feet. The waiver allows the landscaped portion of the island at the south end of the first parking row on the west side of the addition to be 53 square feet. 15. RETAINING WALLS: Prior to issuance by the City of any permit for grading or building
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Baker Road Assisted Living Development Agreement
on the Property, Developer must obtain a building permit for retaining wall construction from the City for any retaining walls greater than four feet in height. Retaining walls must
not be constructed in a drainage or utility easement areas.
The retaining wall plans submitted with the permit application must include details with respect to the height, type of materials, and method of construction to be used for the retaining walls.
Developer must construct the retaining wall(s) in accordance with the terms of the permit and terms and conditions of Exhibit C, attached hereto, prior to issuance of any occupancy permit for the Property.
All maintenance and repair of retaining walls on the Property are the responsibility of the
Developer, its successors and assigns. 16. SIGNS: For each sign which requires a permit under Eden Prairie City Code Section 11.70, Developer must obtain a sign permit from the City. The application must include a
complete description of the sign and a sketch showing the size, location, the manner of
construction, and other such information as necessary to inform the City of the kind, size, material construction, and location of any such sign in accordance with the requirements of City Code, Section 11.70, Subdivision 5.
The multi-tenant sign located on Lot 2, Block 1, Impact Marketing Addition is considered
an off-premise sign, which is prohibited by City Code. Therefore, the sign is considered nonconforming. The sign can continue to be used in its current configuration, but may not be expanded. Any expansion of the sign will require the sign to come into compliance with City Code.
17. SITE LIGHTING: All pole lighting must consist of downcast cut-off fixtures. Pole lighting must not exceed 25 feet in height. A three (3) foot base is permitted for a total of 28 feet in height. Developer must complete implementation of the lighting plan in Exhibit B prior to issuance of any occupancy permit for the Property.
18. TRASH, RECYCLING, AND ORGANICS: Developer agrees that all trash, recycling, and organic waste bins or receptacles will at all times be located inside of the enclosure as depicted on the Plans.
19. TRASH ENCLOSURE: The trash enclosure(s) must be constructed with the materials as
depicted in Exhibit B to match the building, include a roof, and include gates that completely screen the interior of the enclosure. Developer must complete the trash enclosure prior to issuance of any occupancy permit for the Property.
20. SALT AND SNOW STORAGE: Salt storage is not allowed on the Property unless the
Property Owner and any agents, tenants, or contractors employ best management practices
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Baker Road Assisted Living Development Agreement
to minimize the discharge of polluted runoff from salt storage and:
1. The designated salt storage area is indoors;
2. The designated salt storage area is located on an impervious surface and downgradient from any Stormwater Facilities; and 3. Practices to reduce exposure when transferring material in designated salt storage areas (sweeping, diversions, and/or containment) are implemented.
Salt applicators must possess current Smart Salting Level 1 and Level 2 Certification from the Minnesota Pollution Control Agency. The certified individual(s) are responsible for the application of appropriate deicing material at the proper amount and rate.
Snow must not be stored in any required parking or stormwater treatment areas. If the Property does not provide adequate snow storage areas, the Developer and/or Owner must remove the snow from the Property.
21. AFFORDABLE UNITS: Pursuant to the City’s Inclusionary Housing Ordinance found
in City Code Chapter 13 (“IH Ordinance”), the Developer must provide at all times eleven (11) Inclusionary Housing (“IH”) Units in the Project that are affordable to residents whose annual income is at 50% or less of Hennepin County AMI. Developer will meet the IH requirement by dedicating no less than eleven units in the Project to house persons that
participate in the State of Minnesota Department of Human Service’s Elderly Waiver
program. Because rent under the Elderly Waiver program is inclusive of room plus board (inclusive of medical services), the City agrees to alter Developer’s IH requirement by using a 50% of AMI income limit in conjunction with a 60% rent level, rather than the usual 50% rent level. Should the Elderly Waiver program cease to exist or be changed such
that the limits in place no longer meet the requirements of the IH Ordinance, City and
Developer agree to revisit this section and negotiate a solution for bringing the project back into compliance with the IH Ordinance. Rents and incomes applicable to the IH Units and documentation relating to the Elderly Waiver program are subject to review and approval by the City.
By February 15th of each year, the Developer or an agent of the Developer must deliver or cause to be delivered to the City’s Director of Community Development or their designee (“Community Development Director”) a written Compliance Certificate, executed by the Developer covering the preceding twelve (12) months with accompanying evidence
reasonably satisfactory to the City that Developer is in compliance with the covenants in
this Section. This evidence must include a statement of the household income of each qualifying resident and a written determination that each qualifying resident’s household income falls within the limits of the Elderly Waiver program or evidence demonstrating participation in the Elderly Waiver program, and certification that the documentation
provided is correct and accurate.
The Developer must provide to the Community Development Director upon request all documentation supporting the Developer submissions and statements. In determining
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Baker Road Assisted Living Development Agreement
compliance with this Section, the Developer must use the County median incomes for the current year as promulgated by the Minnesota Housing Finance Agency based on the area
median incomes established by the United States Department of Housing and Urban
Development. The Community Development Director must approve or disapprove any Compliance Certificate submitted by the Developer within sixty (60) days after submission. The
Community Development Director must provide written reasons if any Compliance
Certificate is disapproved. The Developer will have sixty (60) days following receipt of any notice of disapproval to cure any objections the Community Development Director has made in its notice of disapproval and to submit a revised Compliance Certificate to the Community Development Director for review and approval as provided in this paragraph.
The Developer’s failure to obtain the Community Development Director’s approval of a
revised Compliance Certificate or during such sixty (60) day cure period will constitute a default by Developer under this Agreement. The Developer may not refuse to lease any IH unit in the Project to a prospective tenant on
the basis of the prospective tenant’s receipt of, or eligibility for, housing assistance, social
security, Housing Choice Vouchers, or other types of public or private assistance, and must accept a Housing Choice Voucher as a valid form of income. 22. WETLAND PLAN: Prior to release of a land alteration permit for the Phase II
Improvements, Developer must submit to the Water Resources Coordinator and receive
the Water Resources Coordinator’s approval of a “Wetland Plan” as that term is defined in City Code § 11.51, subd. 3. The approved Wetland Plan must be consistent with the materials and requirements shown on the Plans and as required by City Code. The Wetland Plan must include the following elements.
A. Wetland Buffer Strip Evaluation: Developer must submit to the City a Wetland Buffer Strip Evaluation Report (“Buffer Report”) in accordance with the Wetland Plan and City Code requirements. If the Buffer Reports identify any unacceptable vegetation or other conditions, the wetland and/or wetland buffer strip must be
graded, treated, reseeded and/or replanted (“Wetland Landscaping”) by the
Developer within 90 days of submission of the Buffer Report or within 90 days after receipt of a wetland permit for wetland alteration. If the Wetland Plan is submitted after September 30th, the Wetland Landscaping must be completed by June 30th of the following year. If Wetland Landscaping is required, the Developer
must submit a signed statement by a qualified wetland consultant, as determined by
the Water Resources Coordinator, stating that the wetland and/or wetland buffer strip vegetation complies with all City requirements within 30 days of completion of the Wetland Landscaping.
B. Annual Wetland and Wetland Buffer Strip Evaluation: Developer must submit
a signed contract with a qualified wetland consultant, as determined by the Water
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Resources Coordinator, for preparation of an Annual Wetland and Wetland Buffer Strip Evaluation Report (“Annual Buffer Report”) that evaluates the condition of
the wetland(s) and wetland buffer strip(s) and to determine if they are in compliance
with all City requirements. The Annual Buffer Report must provide both an action plan and proposed cost for correction of all problems identified within the wetland(s) and/or wetland buffer strip(s).
The first Annual Buffer Report must be submitted no later than November 1 of the
calendar year in which construction of the wetland and/or wetland buffer strip is commenced. Thereafter, this report must be submitted annually until two full growing seasons following completion of the development have passed, at which point a final Annual Buffer Report must be submitted. The final Annual Buffer
Report must evaluate the wetland(s) and wetland buffer strip(s) to determine if the
wetland(s) and/or wetland buffer strip(s) remain in compliance with all City requirements. If any unacceptable conditions or vegetation are identified within any Annual
Buffer Report, the Developer must correct the area(s) identified within 90 days of submission of the Annual Buffer Report. C. Conservation Easement: Developer must submit a Conservation Easement in the
form attached as Exhibit E, for review and written approval by the Water Resources
Coordinator, for the area(s) delineated on the Plans. After approval by the City, Developer must file the Conservation Easement with the Hennepin County Recorder and/or Registrar of Titles’ Office as appropriate prior to issuance of the building permit for the PhaseI1 Improvements and prior to recording of any
document affecting the property including but not limited to any mortgage granted
by the Developer or owners, their successors and/or assigns. Prior to the issuance of the building permit for the Phase I Improvements, Developer must submit to the Water Resources Coordinator proof that the
Conservation Easement has been recorded in the Hennepin County Recorder and/or
Registrar of Titles’ Office as appropriate. D. Wetland Buffer Strip Monuments: The Wetland Plan must include a plan to install all wetland buffer strip monuments for the Property prior to release of the
first building permit for any portion of the Property. The Wetland Security referred
to in paragraph E below must include the cost for location, including surveying, and installation of the monuments. Wetland buffer strip monument locations must be shown on the final grading plan and final plat. The monument must consist of a post and a wetland buffer strip sign. The post must be a 1.12 to 2.0 pounds per foot
(1.12 pounds per foot is preferred) green steel channel post or other material pre-
approved in writing by the Water Resources Coordinator. The post must be a minimum of 2.25 inches wide and 6 feet 6 inches long (2.25” x 6.5’). The sign must have a minimum size of 3 inches by 8 inches (3” x 8”). The sign must be mounted
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flush with the top of the post and must include the statement “Conservation Easement: No Mowing Allowed - Wetlands and buffers filter pollutants, reduce
flooding and provide habitat.” The signs must also include the City and Watershed
District logos and website addresses. The post must be mounted to a height of four feet above grade and set at least 2.5 feet in the ground. Removal of the wetland buffer strip monuments is prohibited.
E. Wetland Security: Developer must furnish to the Water Resources Coordinator
and receive the Water Resources Coordinator’s approval of a Wetland Plan performance bond, cash escrow, or letter of credit with a corporation approved by the Water Resources Coordinator or other guarantee acceptable to the Water Resources Coordinator equal to 150% of the cost, as estimated by the Water
Resources Coordinator, of completing the Wetland Plan requirements and/or
Wetland Landscaping (“Wetland Security”). The Wetland Security must cover costs associated with the Wetland Plan during development and for two full growing seasons following completion of the development.
If the Developer fails to implement the Wetland Plan in accordance with its terms,
the City may draw upon the Wetland Security in whole or in part to pay the cost of implementation.
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IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid.
CITY OF EDEN PRAIRIE
By___________________________
Ronald A. Case Its Mayor
By____________________________
Rick Getschow Its City Manager
STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ____ day of ________________, 2023, by Ronald A. Case and Rick Getschow, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation.
_______________________ Notary Public
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SHIRE PROPERTIES, LLC ________________________________ By Sandol Khalaf
Its Managing Member
STATE OF MINNESOTA ) ) ss. COUNTY OF _________ ) The foregoing instrument was acknowledged before me this ____ day of ____________, 2023, by
Sandol Khalaf, the Managing Member of Shire Properties, LLC, a Minnesota limited liability
company, on behalf of the company.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
CITY OF EDEN PRAIRIE 8080 MITCHELL ROAD EDEN PRAIRIE, MN 55344
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EXHIBIT A
DEVELOPMENT AGREEMENT – BAKER ROAD ASSISTED
LIVING
Legal Description
Lot 1, Block 1, Impact Marketing Addition, Hennepin County, Minnesota Abstract property
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Baker Road Assisted Living Development Agreement
EXHIBIT B
DEVELOPMENT AGREEMENT – BAKER ROAD ASSISTED
LIVING
Project Narrative dated 03/29/2023 by Michael Knisely Phase I Site Plan dated 03/30/2023 by SRA Architects, Inc. Phase I Floor Plans dated 03/30/2023 by SRA Architects, Inc.
Phase II Floor Plans dated 03/30/2023 by SRA Architects, Inc., Inc.
Phase I Elevations dated 03/30/2023 by SRA Architects, Inc., Inc. Phase II Elevations dated 03/30/2023 by SRA Architects, Inc., Inc. Exterior Rendering dated 03/29/2023 by SRA Architects, Inc. Exterior Rendering South dated 03/29/2023 by SRA Architects, Inc.
North Colored Elevation dated 03/29/2023 by SRA Architects, Inc. West Colored Elevation dated 03/29/2023 by SRA Architects, Inc. South Colored Elevation dated 03/29/2023 by SRA Architects, Inc. East Colored Elevation dated 03/29/2023 by SRA Architects, Inc. Site Plan Details dated 03/29/2023 by SRA Architects, Inc.
Cover dated 03/29/2023 by Civil Site Group Removals dated 03/29/2023 by Civil Site Group Tree Inventory and Removals dated 03/29/2023 by Civil Site Group Site Plan dated 03/29/2023 by Civil Site Group
Truck Turn Movement Plan dated 03/29/2023 by Civil Site Group Wetland Buffer Plan dated 03/29/2023 by Civil Site Group Grading Plan dated 03/29/2023 by Civil Site Group Utility Plan dated 03/29/2023 by Civil Site Group Civil Details dated 03/29/2023 by Civil Site Group
Civil Details dated 03/29/2023 by Civil Site Group Civil Details dated 03/29/2023 by Civil Site Group SWPPP Existing Conditions dated 03/29/2023 by Civil Site Group SWPPP Proposed Conditions dated 03/29/2023 by Civil Site Group SWPPP Details dated 03/29/2023 by Civil Site Group
SWPPP Narrative dated 03/29/2023 by Civil Site Group SWPPP Attachments dated 03/29/2023 by Civil Site Group SWPPP Attachments dated 03/29/2023 by Civil Site Group Landscape Plan dated 03/29/2023 by Civil Site Group Landscape Plan Notes and Details dated 03/29/2023 by Civil Site Group
ALTA Surevy dated 03/29/2023 by Civil Site Group
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Baker Road Assisted Living Development Agreement
EXHIBIT C
DEVELOPMENT AGREEMENT – BAKER ROAD ASSISTED LIVING
1. The Development Agreement must be recorded with the Hennepin County Recorder and/or Registrar of Titles as applicable prior to release of the final plat or, if no final plat, prior to the issuance of any permit or approval for the development, unless specifically authorized by the City Planner. The final plat will not be released until recording of the Development
Agreement is complete, unless otherwise agreed to by the City, in which case the City
Attorney will provide a letter with document recording order and instructions that must be complied with by the Developer.
2. Prior to release of the final plat, Developer must submit public infrastructure plans to the City Engineer for approval (1” = 50’ scale).
3. With respect to all portions of the Property which Developer is required to dedicate to the
City on the final plat or convey to the City by deed (the “Dedicated or Conveyed Property”), Developer represents and warrants as follows:
a. That at the time of dedication or conveyance, title to the Dedicated or Conveyed Property is or will be marketable fee title, free and clear of all mortgages, liens, and
other encumbrances, subject to any easements or minor title imperfections
acceptable to the City in its sole discretion (“Marketable Title”). Prior to final plat approval, Developer must provide title evidence satisfactory to the City Attorney establishing Marketable Title. The City, at its discretion, may require Developer to provide, at Developer’s cost, an owner’s policy of title insurance in a policy amount
determined by the City, insuring Marketable Title in the name of the City after the
dedication or conveyance.
b. That Developer has not used, employed, deposited, stored, disposed of, placed, or otherwise allowed to come in or on the Dedicated or Conveyed Property, any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not
limited to those defined in or pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat.
§ 115B.01, et. seq. (“Hazardous Substances”).
c. That Developer has not allowed any other person to use, employ, deposit, store, dispose of, place, or otherwise have, in or on the Dedicated or Conveyed Property, any Hazardous Substances.
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Baker Road Assisted Living Development Agreement
d. That, to the best of Developer’s knowledge, no previous owner, operator, or possessor of the Property deposited, stored, disposed of, placed, or otherwise
allowed in or on the Dedicated or Conveyed Property any Hazardous Substances.
4. Developer must submit detailed construction and storm sewer plans to the relevant Watershed District for review and approval. Developer must follow all rules and recommendations of said Watershed District.
5. Developer must provide written notice to all private and public utilities prior to the
commencement of any improvements on the Property.
6. The City will not issue any building permit for the construction of any building, structure, or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. Developer’s obligation to address all requirements of this Exhibit C will continue to apply notwithstanding the City’s issuance of permits or
approvals for the Property.
7. Prior to release of the first building permit for the Property, and for any subsequent building permit for the Property if required by the City in its sole discretion, Developer must submit to the City Engineer for approval a master grading plan (1" =100' scale) showing existing and proposed contours, proposed streets, and lot arrangements and size, minimum floor
elevations on each lot, preliminary alignment and grades for sanitary sewer, water main,
and storm sewer, 100-year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots, location of walks, trails, and any property deeded to the City.
8. Prior to building permit issuance, Developer must pay all fees associated with the building
permit to the Building Inspections Division, including: building permit fee, plan check fee,
State surcharge, metro system access charge (SAC), City SAC and City water access charge (WAC), park dedication, and other applicable fees. Developer must contact the Metropolitan Council to determine the number of SAC units.
9. Prior to building permit issuance and except as otherwise authorized in the approved Plans,
all existing structures must be properly removed as required by City Code, with necessary
permits obtained through the Building Inspections Division.
10. Prior to building permit issuance and except as otherwise authorized in the approved Plans, any wells and septic systems on the Property must be properly abandoned or removed as required by City Code and Hennepin County ordinance, with necessary permits obtained
through the Inspections Division.
11. Prior to building permit issuance, Developer must provide an ALTA survey or site plan completed by a licensed surveyor or engineer (1" = 50’ scale) showing proposed building locations and all proposed streets, with approved street names, lot arrangements, and property lines.
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Baker Road Assisted Living Development Agreement
12. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof, Developer, for itself, its successors, and assigns, will not oppose
the City’s reconsideration and rescission of any Rezoning, Planned Unit Development
review, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved.
13. This Agreement will run with the land and be binding upon and enforceable against the
Property and the Owners, their successors and assigns of the Property.
14. This Agreement is a contract between the City and the Developer. No provision of this Agreement inures to the benefit of any third person, including the public at large, so as to constitute any person as a third-party beneficiary of the Agreement or of any one or more of its terms, or otherwise give rise to any cause of action for any person not a party to this
Agreement.
15. Developer acknowledges that the obligations of Developer contemplated in this Agreement are special, unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision of this Agreement, City may be without an adequate remedy at law. Developer agrees, therefore,
that in the event Developer violates, fails, or refuses to perform any covenant, condition,
or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold permits or other City approvals, or rescind or revoke any approvals granted by the City. No remedy conferred in this Agreement is intended to be exclusive and each will be cumulative and will be in addition to every other
remedy. The election of anyone or more remedies will not constitute a waiver of any other
remedy.
16. No failure of the City to comply with any term, condition, or covenant of this Agreement will subject the City to liability for any claim for damages, costs or other financial or pecuniary charges. No execution on any claim, demand, cause of action or judgment may
be levied upon or collected from the general credit, general fund or taxing powers of the
City.
17. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof.
Developer agrees to indemnify, defend, and hold harmless City, its successors and assigns,
against any and all loss, costs, damage, or expense, including reasonable attorneys fees, that the City incurs because of the breach of any of the above representations or warranties or resulting from or due to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to have been, used, employed, deposited, stored, disposed
of, placed, or otherwise located or allowed to be located, in or on the Dedicated or
Conveyed Property by Developer, its employees, agents, contractors, or representatives.
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Baker Road Assisted Living Development Agreement
18. The Developer grants the City, its agents, employees, officers, and contractors a license to
enter the Property to perform all work and inspections deemed appropriate by the City in
conjunction with this Agreement.
19. Developer will pay upon demand to the City all costs incurred by the City in conjunction with the Applications. These costs include internal City administrative, planning and, engineering costs and consulting costs, including but not limited to legal, engineering,
planning and financial, in review, investigation, administering and processing the
Applications and implementation of the approvals granted by the City.
20. The City is hereby granted the option, but not the obligation, to complete or cause completion in whole or part of the Developer’s obligations under this Agreement for which a bond, letter of credit, cash deposit or other security ( “Security”) is required if the
Developer defaults with respect to any term or condition in this Agreement for which
Security is required and fails to cure such default(s) within ten (10) days after receipt of written notice thereof from the City; provided however if the nature of the cure is such that it is not possible to complete the cure within ten (10) days, it will be sufficient if the Developer has initiated and is diligently pursuing such cure. The Developer acknowledges
that the City does not assume any obligations or duties of the Developer with respect to
any contracts or agreements with third parties relating to the improvements unless otherwise agreed in writing by the City.
The City may draw down on or make a claim against the Security, as appropriate, upon five (5) business days notice to the Developer, for any violation of the terms of this
Agreement or if the Security lapses prior to the end of the required term.
If the obligations for which Security is required are not completed at least thirty (30) days prior to the expiration of the Security and if the Security has not been renewed, replaced or otherwise extended beyond the expiration date, the City may also draw down or make a
claim against the Security as appropriate. If the City draws down or makes a claim against
the Security, the proceeds will be used to cure the default(s) and to reimburse the City for all costs and expenses, including attorney fees, incurred by the City in enforcing this Agreement.
21. In the event of a violation of City Code relating to use of the Property and construction
thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this
Agreement, City will give 24 hours’ notice of such violation, or such longer period as determined by the City in its sole discretion given the nature of the violation, in order to allow a cure of such violation. The City need not issue a building or occupancy permit for construction or occupancy on the Property while such a violation is continuing.
The existence of a violation of City Code or the failure to perform or fulfill an obligation
required by this Agreement will be determined solely and conclusively by the City Manager or his or her designee.
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Baker Road Assisted Living Development Agreement
22. Developer will release, defend, and indemnify City, its elected and appointed officials, employees, and agents from and against any and all claims, demands, lawsuits, complaints,
loss, costs (including attorneys’ fees), damages and injunctions relating to any acts, failures
to act, errors, omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and agents. Developer will not be released from its responsibilities to release, defend, and indemnify because of any inspection, review, or approval by City.
23. Developer acknowledges that Developer is familiar with the requirements of Chapter 11,
Zoning, and Chapter 12, Subdivision Regulations, of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances.
24. Developer agrees that the Property will be operated in a manner meeting all applicable
noise, vibration, dust and dirt, smoke, odor and glare laws and regulations. Developer further agrees that the facility upon the Property will be operated so noise, vibration, dust and dirt, smoke, odor, and glare do not go beyond the Property boundary lines in violation of applicable laws or regulations.
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Baker Road Assisted Living Development Agreement
EXHIBIT D
DEVELOPMENT AGREEMENT – BAKER ROAD ASSISTED
LIVING
INSPECTION AND MAINTENANCE AGREEMENT FOR
PRIVATE STORMWATER FACILITIES
This Inspection and Maintenance Agreement (“Agreement”) is made and entered into this ____
day of _________________, 20___, by and between Shire Properties, LLC, a Minnesota limited
liability company, its successors and assigns (hereinafter called the “Owner”, whether one or more)
and the City of Eden Prairie, a Minnesota municipal corporation (hereinafter called “City”).
WITNESSETH, that
WHEREAS, the City is required by federal and state surface water quality regulations and its
National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer
System (MS4) permit to prevent surface water quality degradation from development and
redevelopment activities within its jurisdiction;
WHEREAS, the City has adopted stormwater regulations as required by the MS4 permit and such
regulations are contained in Section 11.55 of the Eden Prairie City Code;
WHEREAS, a structural stormwater Best Management Practice (BMP) is defined in the MS4
General Permit as "a stationary and permanent BMP that is designed, constructed and operated to
prevent or reduce the discharge of pollutants in stormwater.” These may include, but are not
limited to green roofs, permeable pavement, bioretention basins, rain gardens, infiltration basins,
sand filters, stormwater ponds, manufactured treatment devices, and structures that perform
chemical treatment of stormwater;
WHEREAS, “structural stormwater BMPs” are called “stormwater facilities” in Section 11.55,
Subd. 2 of Eden Prairie City Code;
WHEREAS, the Owner is the fee owner of real property located at 6216 Baker Road, Eden Prairie
and legally described on the attached Exhibit A (“Property”);
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Baker Road Assisted Living Development Agreement
WHEREAS, the Owner has constructed or will construct certain stormwater facilities on the
Property that have been approved by the City in accordance with City Code;
WHEREAS, some or all of the stormwater facilities on the Property serve private property and are
not owned, operated or maintained by the City (“Private BMPs”). A drawing showing the general
area of Private BMPs is attached to this Agreement as Exhibit B for ease of identification;
WHEREAS the City’s MS4 Permit requires the City to have an executed legal mechanism for the
inspection and maintenance of Private BMPs.
NOW, THEREFORE, in consideration of the benefits received by the Owner as a result of the
approval by the City, the Owner does hereby covenant and agree with the City as follows:
1. The Owner will provide long-term maintenance and continuation of the Private BMPs
identified in Exhibit B, to ensure that all Private BMPs are and remain in proper working
condition in accordance with the original design specifications. The Owner must perform
inspection and maintenance activities utilizing the checklists provided in Exhibit C (or
similar, approved in advance by City staff), as well as the recommendations set forth in the
Minnesota Stormwater Manual.
2. Following final acceptance of the construction by the City, the Owner must maintain a copy
of this Agreement on site, together with a record of all inspections and maintenance actions
required by this Agreement. The Owner must document the inspections, remedial actions
taken to repair, modify or reconstruct the system, the state of the Private BMPs, and notify
the City of any planned change in ownership or management of the system.
3. All Private BMPs must undergo, at a minimum, one (1) inspection annually for two (2)
years after completion and final acceptance of the construction. After two (2) annual
inspections are approved by the City in writing, all private BMPs must undergo, at a
minimum, one (1) inspection every five (5) years to document maintenance and repair needs
and ensure compliance with the requirements of this Agreement and all federal, state and
local regulations. An inspection report for each inspection must be filed with the City
through its website within ninety (90) days of the inspection. The inspection frequency may
be increased as deemed necessary by the City to ensure proper functioning of the Private
BMPs.
4. If the City’s NPDES permit is revised in a way that directs the City to manage stormwater
treatment systems differently than specified in this agreement, the direction of the NPDES
permit will supersede and override the provisions of this Agreement.
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Baker Road Assisted Living Development Agreement
5. The Owner hereby grants permission to the City, its authorized agents, contractors, and
employees the right of ingress, egress and access to enter the Property at reasonable times
and in a reasonable manner for the purpose of inspecting Private BMPs. The Owner hereby
grants to the City the right to enter the Property to install and maintain equipment to monitor
or test the performance of the Private BMPs for quality and quantity upon reasonable notice
to the Owner. Whenever possible, the City will notify the Owner prior to entering the
Property and will use its best efforts not to disturb the Owner’s use and enjoyment of the
Property while conducting such inspections.
6. In the event the City determines that the Private BMPs are not being maintained in good
working order, the City will give written notice to the Owner to repair, replace, reconstruct
or maintain the Private BMPs within a reasonable time, not to exceed 30 days. If the Owner
fails to comply with the City’s notice within the time specified, Owner authorizes the City
or its agents to enter the Property to repair, reconstruct, replace or perform maintenance on
the Private BMPs at the Owner’s expense. It is expressly understood and agreed that the
City is under no obligation to maintain or repair any Private BMPs, and in no event will this
Agreement be construed to impose any such obligation on the City.
7. In the event the City, pursuant to this Agreement, performs work of any nature on Private
BMPs on the Property, or expends any funds in the performance of said work for labor, use
equipment, supplies, materials, and the like, the Owner will reimburse the City upon
demand, within thirty (30) days of receipt of written request for reimbursement for all costs
incurred by the City. If the City has not received payment from the Owner by the end of the
thirty (30) day period, the City may use any other remedies available by law to collect the
amount due from the Owner, and may also recover and collect from Owner the reasonable
expenses of collection, including court costs, and attorney fees.
8. It is the intent of this Agreement to assure the City of proper maintenance of Private BMPs
on the Property by the Owner; provided, however, that this Agreement will not be deemed
to create or affect any additional liability of any party for damage alleged to result from or
be caused by the Private BMPs or stormwater management practices on the Property.
9. The Owner and the Owner’s heirs, executors, administrators, assigns, and any other
successors in interest, will indemnify and hold the City and its agents and employees
harmless for, and defend against at its own expense, any and all damages, accidents,
casualties, occurrence, claims, and expenses, including reasonable attorney’s fees, which
might arise or be asserted, in whole or in part, against the City from the construction,
presence, existence, or maintenance of the Private BMPs subject to this Agreement. In the
event a claim is asserted against the City, its officers, agents or employees, the City will
notify the Owner, who must defend at Owner’s expense any suit or other claim against the
City with counsel acceptable to the City.
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Baker Road Assisted Living Development Agreement
10. No waiver of any provision of this Agreement will affect the right of any party to enforce
such provision or to exercise any right or remedy available to it in the event of another
party’s default.
11. The Owner must record this Agreement with the Hennepin County Recorder and/or
Registrar of Titles’ Office, as appropriate. This Agreement constitutes a covenant running
with the land and will be binding upon the Owner and the Owner’s heirs, administrators,
executors, assigns, and any other successors in interest to the Property.
12. The Owner must have the Private BMPs inspected in accordance with Section 11.55 of City
Code and certify to the City that the constructed facilities conform to the approved
stormwater management plan for the Property. If the constructed condition of the Private
BMP or its performance varies significantly from the approved plan, appropriately revised
calculations must be provided to the City and the plan must be amended accordingly.
13. The Owner agrees that for any Private BMPs to be maintained by a property owner’s
association, deed restrictions and covenants for property included in the association will: (a)
include mandatory membership in the property owner’s association responsible for
providing maintenance of the Private BMPs; (b) require the association to maintain the
private BMPs; (c) prohibit termination of this maintenance responsibility by unilateral action
of the association; and (d) provide for unpaid dues or assessments to constitute a lien upon
the property of individual owners within the association upon recording a notice of non-
payment.
14. This Agreement must be re-approved and re-executed by the City if all or a portion of the
Property is subdivided or assembled with other property or if Private BMPs or their drainage
areas are modified, causing decreased effectiveness. New, repaired, or improved Private
BMPs must be implemented to provide equivalent or better treatment when compared with
the original structural stormwater BMPs.
15. The Owner must sweep all private streets, driveways, sidewalks, trails and parking areas
within the Property as delineated in Exhibit B at least once each year, either in the spring
following snowmelt or in the fall after leaf fall.
16. The Owner must submit inspection and maintenance records for each Private BMP to the
City's Water Resources Coordinator through the City’s website at the frequency required in
this Agreement. The Owner may use the inspection and maintenance checklists found in
Exhibit C, or similar documentation as approved by the City.
17. The City may seek any remedy in law or equity against the Owner for a violation of this
Agreement.
18. In the event that this Agreement is inconsistent with Eden Prairie City Code regarding the
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Baker Road Assisted Living Development Agreement
inspection and maintenance of Private BMPs, the provisions which provide greater
protection for water resources, as determined by the City in its sole discretion, will prevail.
19. The recitals set forth above are expressly incorporated herein.
(signatures on following pages)
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Baker Road Assisted Living Development Agreement
IN WITNESS WHEREOF, Owner and the City have entered this Agreement as of the date
written above.
OWNER
SHIRE PROPERTIES, LLC
NOT TO BE SIGNED
By: Sandol Khalaf
Its: Managing Member
STATE OF MINNESOTA )
) ss.
COUNTY OF ___________ )
The foregoing instrument was acknowledged before me this ____ day of ____________, 20__,
by Sandol Khalaf, the Managing Member, of Shire Properties, LLC, a Minnesota limited
liability company, on behalf of the company.
Notary Public
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Baker Road Assisted Living Development Agreement
CITY OF EDEN PRAIRIE
By_ NOT TO BE SIGNED
Ronald A. Case
Its Mayor
By_ NOT TO BE SIGNED
Rick Getschow
Its City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ____ day of ________________,
20__, by Ronald A. Case and Rick Getschow, respectively the Mayor and the City Manager of
the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation.
_______________________
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
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Baker Road Assisted Living Development Agreement
EXHIBIT A: Legal Description of Property
EXHIBIT B: Map of Private BMPs on Property, including City water body identification
number and areas requiring street sweeping
EXHIBIT C: City of Eden Prairie Private Stormwater BMP Inspection Checklist and
Maintenance Checklist
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Baker Road Assisted Living Development Agreement
EXHIBIT E
DEVELOPMENT AGREEMENT – BAKER ROAD ASSISTED
LIVING
CONSERVATION EASEMENT
THIS EASEMENT AGREEMENT (“Easement”) is made this _____ day of _______________, 202__, by and between Shire Properties, LLC, a , Minnesota limited liability
company, hereinafter referred to as "Grantor," and the CITY OF EDEN PRAIRIE, a Minnesota municipal corporation, hereinafter referred to as "City"; WHEREAS, Grantor is the fee owner of land located in Hennepin County, Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and said land hereinafter
referred to as "the Property"; WHEREAS, Grantor has marketable title to the Property, free and clear of all liens, mortgage, and encumbrances, except: ; and
WHEREAS, Grantor and City wish to enter into an agreement which will grant to City a conservation easement for conservation and preservation of the terrain and vegetation, and to prohibit certain destructive acts, over that portion of the Property as legally described in Exhibit B, hereinafter referred to as the “Easement Area,” attached hereto;
NOW, THEREFORE, in consideration of the premises contained herein, it is agreed by the parties as follows: 1. Grantor hereby conveys to City and its successors and assigns a conservation
easement in, under, on, and over the Easement Area and City hereby accepts such conveyance. 2. The following terms and conditions apply to the Easement Area:
A. The Easement Area must be preserved predominantly in its natural condition. No trees, shrubs, or other vegetation may be planted or removed from the Easement Area without the prior written consent of the City. The City will consider removal of noxious weeds, as defined by Minnesota Statutes Sections 18.76-18.88, upon submission and approval of a
Vegetation Management Plan. No vegetation cutting, fertilizer application
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Baker Road Assisted Living Development Agreement
or placement of turfgrass, such as Kentucky bluegrass, may occur within the Easement Area.
B. No building, road, sign, billboard, utility, or other structure may be placed in the Easement Area without the prior written consent of City. C. No trash, waste, or other offensive material, soil, or landfill may be placed
upon or within the Easement Area without the prior written consent of the
City. D. No change in the general topography of the Easement Area including, but not limited, to excavation, dredging, movement, and removal or placement
of soil, is allowed within the Easement Area without the prior written
consent of the City. 3. With respect to the Easement Area, Grantor represents and warrants as follows:
A. Except as described in the second “Whereas” clause above, Grantor has
marketable title free and clear of all liens, encumbrances, and mortgages. B. That Grantor has not used, employed, deposited, stored, disposed of, placed, or otherwise allowed to come in or on the Easement Area, any hazardous
substance, hazardous waste, pollutant, or contaminant, including, but not
limited to, those defined in or pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat., Sec. 115B.01, et. seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances");
C. That Grantor has not allowed any other person to use, employ, deposit,
store, dispose of, place or otherwise have, in or on the Easement Area, any Hazardous Substances; D. That, to the best of Grantor’s knowledge, no previous owner, operator or
possessor of the easement area, deposited, stored, disposed of, placed, or
otherwise allowed in or on the Easement Area any Hazardous Substances; Grantor agrees to indemnify, defend, and hold harmless City, against any and all loss, costs, damage and expense, including reasonable attorney’s fees and costs that
City incurs because of the breach of any of the above representations or warranties
and/or resulting from or due to the inaccuracy or falsity of any representation or warranty herein. 4. Grantor agrees to permanently demarcate the location of the boundary of the
Easement Area on the property line or corner of each lot, as shown on Exhibit C.
The monuments must be permanent steel channel posts that are a minimum of 2.25
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Baker Road Assisted Living Development Agreement
inches wide and 6 feet 6 inches long (2.25” x 6.5’). The sign must be a minimum of 2 ½ by 6 inches (2.5” x 6”) that is mounted flush with the top of the post and
must include the statement “Conservation Easement, City of Eden Prairie”. The
post must be mounted to a height of four feet above grade and at least 2.5 feet in the ground. Removal of the monuments is prohibited. 5. Grantor will maintain the Easement Area subject to the provisions stated herein.
6. This Easement will be perpetual, will run with the Property, and will bind and inure to the benefit of the parties, their successors, and assigns. 7. Nothing contained herein will impair any right of City now held or hereafter
acquired to construct or maintain public utilities in or on the Easement Area.
8. The provisions of this Easement will be binding upon and enforceable against the Property and the Grantor and its successors and assigns.
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IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid.
CITY OF EDEN PRAIRIE
By NOT TO BE SIGNED __
Ronald A. Case
Its Mayor
By NOT TO BE SIGNED ___
Rick Getschow Its City Manager
STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ____ day of ________________, 202__, by Ronald A. Case and Rick Getschow, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation.
_______________________ Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344
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Baker Road Assisted Living Development Agreement
GRANTOR
____NOT TO BE SIGNED
_____NOT TO BE SIGNED _
STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ____ day of ________________,
202__, by , the , a Minnesota ____________________, on behalf of the corporation.
Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road
Eden Prairie, MN 55344
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Baker Road Assisted Living Development Agreement
EXHIBIT A “THE PROPERTY”
Legal Description
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Baker Road Assisted Living Development Agreement
EXHIBIT B “EASEMENT AREA”
Legal Description
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Baker Road Assisted Living Development Agreement
EXHIBIT C “EASEMENT AREA” DIAGRAM
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
September 5, 2023
DEPARTMENT/DIVISION:
Community Development/Planning Julie Klima/Beth Novak-Krebs
ITEM DESCRIPTION:
Nine Mile Creek Watershed District Amendment of Declaration of Covenants, Conditions and Restrictions
ITEM NO.:
VIII.C.
Requested Action
Move to:
• Approve the Amendment to the Declaration of Covenants, Conditions, and Restrictions for the Nine Mile Watershed District.
Synopsis The Nine Mile Creek Watershed District office has been located at 12800 Gerard Drive in Eden
Prairie since 2011. The property is zoned Public. The Public zoning district allows governmental offices in buildings of less than six thousand (6,000) square feet. Adjacent
properties are zoned R1—22 and Park/Open Space.. When the property was converted from a
single-family home to offices, a Declaration of Covenants, Conditions and Restrictions (CCR) was recorded for the property as part of the Developer’s Agreement. That document limits the use of the property to the Nine Mile Creek Watershed District and places a number of restrictions on its use. The Watershed District is requesting amendments for two of the restrictions in the CCR. The Watershed District is requesting to amend Section 2, paragraph 3 to increase the limit
on the number of FTE employees using the Property as their office six (6) to eight (8) by 2025 and ten (10) after 2025, not including student interns and to increase the limit on the number of Board of Managers evening meetings per year on the Property from twenty (20) to twenty-four (24). The District is not proposing any physical changes to the site or the building. There are no other changes proposed. Any changes to the CCR require Council approval.
Background In 2011, Barbara Kaerwer donated her single-family home and property to the Nine Mile Creek
Watershed District. The home was converted to offices and meeting space for the Watershed
District’s use. At that time, the property was reguided from Low Density Residential to
Parks/Open Space and Public Quasi Public and rezoned from R1-22 to Public. Surrounding land uses include single family homes and park/open space.
In 2018, the City approved a First Amendment to the CCR, increasing the number of employees
from 3 to 5, and the number of meetings from 16 to 20.
Although the requested changes increase the limit on staff and
Board meetings, the District has
adopted a hybrid work model that results in fewer people being in the office at the same time. The only time all six (6) FTE
employees are in the office at the
same time is once a week for a staff meeting. In order to reduce staff in the
office at the same time, the
District has more virtual meetings which has reduced the overall number of in-person meetings (e.g. pre-application
meetings with applicants, and
meetings with consultants to discuss projects studies or programs) held at The Watershed District office.
The District currently holds twelve (12) regular monthly Board meetings and up to 8 Board workshops each year. The District is requesting to increase the number of meetings
allowed to twenty-four (24) Board meetings per year, which provides for an additional four (4)
meetings to conduct other business such as workshops to design specific projects and meetings to respond to immediate issues. In 2022, the District upgraded its board meeting room to allow applicants, District staff and consultants to attend meetings and workshops virtually. This hybrid option has reduced the number of people attending meetings in person.
There are twenty-six (26) parking stalls on the
property. Based on the size of the building, they
are required to have twenty-four (24) parking spaces. Sixteen (16) of the parking stalls are paved with permeable pavers and the remaining stalls are permeable turf. Though the balance of the parking
lot looks like turf, it is designed to be parked on and
it reduces the amount of impervious surface on the property. The parking lot is sized appropriately to accommodate additional staff. With a flexible staffing plan and people working from home, all of
the FTE employees will not be in the office at the
same time so daily trips would be less than those
Nine Mile Creek Watershed District Offices
generated by all of the FTE employees coming to the office every day.
Over the years, City staff has received no complaints about the number of Board meetings held
at the facility or the traffic associated with the Board meetings. In addition, the hybrid meeting option reduces the number of people attending in-person and as a result reduces vehicle trips. The District held a neighborhood meeting on June 27, 2023 to discuss the proposed change. The
District sent invites to 120 property owners and 7 residents attended the meeting. A summary of
the meeting is included in the attached narrative. City staff sent a Courtesy Notice to all of the property owners within 500 feet of the Watershed District Office informing them of the request and the process to review and consider the request.
Staff has received several emails, which are attached.
The 120-Day Review Period Expires on November 1, 2023.
Attachment
1. Original Declaration of Covenants, Conditions, and Restrictions 2. First Amendment to the Declaration of Covenants, Conditions, and Restrictions 3. Second Amendment to the Declaration of Covenants, Conditions, and Restrictions
4. Resident Comments
From:Doug Schwab
To:Randy Anhorn; Beth Novak-Krebs
Subject:Re: Question on Nine Mile Creek Request
Date:Monday, August 21, 2023 12:48:57 PM
Attachments:image001.png
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Beth and Randy,Thank you both for your follow-up and clarification. I certainly see no concerns that would
affect neighborhood traffic or noise concerns.
Good luck at the Council Meeting. Doug Schwab
Sent from my T-Mobile 5G Device
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From: Randy Anhorn <ranhorn@ninemilecreek.org>
Sent: Monday, August 21, 2023 12:11:06 PM
To: Beth Novak-Krebs <bnovakkrebs@edenprairie.org>; Doug Schwab <>
Subject: RE: Question on Nine Mile Creek Request
Thank you Beth.
Douglas, please let me know if Beth satisfactorily answered your questions, or if there is anything I
do to further clarify.
Regards,
Randy
Randy Anhorn | Administrator | Nine Mile Creek Watershed District
12800 Gerard Drive | Eden Prairie, MN 55346 | 952-835-2078 | www.ninemilecreek.org
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From: Beth Novak-Krebs <bnovakkrebs@edenprairie.org>
Sent: Monday, August 21, 2023 11:06 AM
To: Doug Schwab <d >
Cc: Randy Anhorn <ranhorn@ninemilecreek.org>
Subject: RE: Question on Nine Mile Creek Request
[External Sender]
Hi Douglas,
The Watershed District is requesting to expand the number of FTE employees from currently 6
employees to 8 employees through 2025 and 10 employees after 2025. The Watershed District has a
hybrid work schedule where employees switch off working from home and working from the office.
The only time all of the employees are in the office at the same time is once a week for a staff
meeting, otherwise; the employees are not all in the office at the same time. I copied the
Watershed District Administrator on this email so he can provide you with some more information
about the number of employees in the office on an average day.
The request also includes an increase in the number of Board of Managers meetings each year from
20 to 24. Although they are requesting more meetings, the Watershed District upgraded the
technology in their conference room so that staff, consultants, etc. can attend meetings virtually.
This flexibility reduces the number of people attending meetings in-person at the Watershed District
office. Perhaps Randy can provide some information on the number of people that attend meetings
in person.
Le me know if you have more questions.
Best Regards,
Beth Novak-Krebs, AICP
Senior Planner
City of Eden Prairie
952-949-8490
bnovakkrebs@edenprairie.org
From: Doug Schwab >
Sent: Monday, August 21, 2023 9:57 AM
To: Beth Novak-Krebs <bnovakkrebs@edenprairie.org>
Cc: Doug Schwab <>
Subject: Question on Nine Mile Creek Request
Good morning, Beth,
I received the courtesy notice regarding the Nine Mile Creek Watershed District's requests.
As the request for additional FTE's and the expanded meetings do not have numbers of FTE's
nor the number of attendees at the expanded meetings, it raises question of the additional
cars and traffic.
Do you know the number/range of FTE's that use the office at one time?
Do you know the number of people that would be included in the additional/expanded
meetings?
Please advise,
Douglas Schwab
From:Peter Rasmussen
To:Beth Novak-Krebs
Subject:Nine Mile Creek staffing
Date:Tuesday, August 22, 2023 10:10:47 AM
I am a resident in the Topview area of Eden Prairie. I received a
notice regarding the watershed's request for additional staffing and
meetings. I am unable to make the scheduled city council meeting to
discuss but want to write that I fully support approval of the
request.
I would also like the council to consider a reduction of the speed
limit on Roberts Drive to be 30 MPH versus the current posted 35 MPH.
The speed limit in front of my house is posted to be 25 MPH but is
rarely obeyed. Traffic never slows down around this posted corner.
Peter Rasmussen
13100 Roberts Drive
Eden Prairie, MN 55346
From:Steve and Gretchen Stormoen
To:Beth Novak-Krebs
Subject:Nine Mile Creek District Offices
Date:Wednesday, August 23, 2023 3:52:03 PM
We attended the Nine Mile Creek Watershed District neighborhood meeting at Discovery Point on June 27, 2023, to
learn about the proposed amendments to the District’s Declaration of Covenants, Conditions and Restrictions
document.
We think that Discovery Point and its staff are a wonderful addition to our neighborhood and we fully support the
request for these amendments.
Steve and Gretchen Stormoen
13077 Beehive Court
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
September 5, 2023
DEPARTMENT/DIVISION:
Community Development/Planning Julie Klima/Sarah Strain
ITEM DESCRIPTION:
Telecommunications – T- Mobile Central LLC – Communications Facilities License Agreement at 6341 Baker Road – Water Tower Site
ITEM NO.:
VIII.D.
Requested Action
Move to:
• Approve License Agreement between T-Mobile Central LLC and the City of Eden
Prairie at the 6341 Baker Road Water Tower Site Synopsis
The initial license agreement now occupied by T-Mobile Central LLC on the water tower at
6341 Baker Road is at the end of the last renewal period outlined in the license agreement, meaning a new license agreement is necessary to continue current operations. A new license agreement has been agreed upon by T-Mobile Central LLC, which is based on the City’s standard template. The license agreement will allow T-Mobile to continue to occupy a portion of
the water tower site in exchange for rent. The annual lease amount will increase 5% annually.
The initial lease is for 7 years with the option of up to four (4) renewal terms of five (5) years each. The total lease agreement is for 27 years. The difference in length between the initial lease term and subsequent renewal terms is to align the renewal schedule of this license agreement with the renewal schedule of other telecommunication agreements on the 6341 Baker Road
tower site. The goal of aligning renewal schedules between all the telecommunications providers
on the site is to be able to better plan and coordinate site improvement work at or on the water tower with all the telecommunications providers. Background
Sprint Spectrum negotiated the original license agreement for this site in 1998. T-Mobile Central LLC has since purchased Sprint and has been operating in the location since the acquisition.
There are no proposed changes to either the antenna or ground equipment on the 6341 Baker Road site with this license agreement. Existing equipment will remain on the site. Recommendation Staff recommends approval of the of the License Agreement. Attachments
1. License Agreement
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LICENSE AGREEMENT
THIS LICENSE AGREEMENT (“License” or “Agreement”) is entered into the date last signed below between the City of Eden Prairie, a Minnesota municipal corporation (“Licensor”) and T-Mobile Central, L.L.C., a Washington limited liability company (“Licensee”), (each a
“Party” and collectively referred to as “the Parties”).
RECITALS
WHEREAS, Licensor is the owner of certain real property located in Hennepin County,
Minnesota, as legally described on Exhibit A attached hereto (the “Land”) on which is situated a Tower (the “Property”). WHEREAS, Licensee and Licensor desire to replace the existing License Agreement
between Licensee and Licensor for the Property expiring August 31, 2023 with a new non-
exclusive license and agreement to use portions of the Property for the purpose of constructing, operating, and maintaining a communications facility and associated equipment. NOW, THEREFORE, in consideration of the foregoing Recitals which are incorporated
herein by reference, and other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the Parties agree as follows: 1. PROPERTY AND PREMISES
Subject to the following terms and conditions, Licensor licenses to Licensee certain space on the Property, together with non-exclusive easements for access and utilities over, under
and across the Property (the “Premises”) as described on Exhibit B attached hereto.
2. TERM
The initial term (“Initial Term”) of this License will be for seven (7) years and will
commence on September 1, 2023 (the date of last signature of this Agreement notwithstanding) (the “Commencement Date”). Subsequent renewals of the License will be for five (5) year increments (Renewal Term). This License may be renewed for up to four (4) Renewal Terms following the Initial Term.
3. RENT
A. Upon the Commencement Date, Licensee will pay Licensor annual rent in the amount of $42,668 (“Rent”), to be paid in equal monthly installments on the first
day of the month, in advance, to Licensor.
B. The amount of Rent will be increased by five percent (5%) each year on the
anniversary of the Commencement Date.
C. If this License is terminated at any time other than on the last day of a month, Rent will be prorated, based on a thirty-day month, as of the date of termination, and in the event of termination for any reason other than a default by Licensee, all prepaid
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Rent will be refunded to Licensee.
4. USE AND OWNERSHIP
A. Subject to the terms of this License, the Premises may be used by Licensee solely for the purposes of constructing, maintaining, and operating certain communications facilities in accordance with the transmission and reception of
wireless communication signals authorized for use by Licensee by the Federal
Communications Commission (“FCC”). Licensee’s communications facilities include cellular and link antennas, antenna mounts, necessary wave-guide and appurtenances, ground equipment (cabinet containing radio transmission, computer equipment, and emergency battery and generator equipment), screening fence, and
underground utility wires, cables, conduits, and pipes, as described on Exhibit B
attached hereto (the “Facilities”).
B. Licensee must maintain and operate the Premises in accordance with good engineering practices and in accord with all applicable FCC rules and regulations, and to cause all other site users and users of the Premises, where feasible, to do the
same.
C. Licensee, its agents and contractors, are hereby granted the right, at its sole cost and expense, to enter upon the Property and conduct such studies as Licensee deems necessary to determine the Property’s suitability for Licensee’s intended use. These studies may include surveys, soil tests, environmental evaluations, radio wave
propagation measurements, field strength tests and such other analyses and studies
as Licensee deems necessary or desirable. Licensee must restore the Property to its original condition following any such studies.
D. During the Term of this License, Licensee will pay all special assessments and personal property and/or real estate taxes levied against or upon the Facilities or the
Property by any taxing authority. Licensor will provide to Licensee a copy of any
notice of taxes or special assessments imposed upon the Facilities or Property as a result of the Facilities or use of the Property by Licensee, which Licensor may receive from any taxing authority. Subject to any and all limitations imposed by law, Licensee may, at its own expense, contest any such taxes or assessments.
E. Licensor waives any lien rights it may have, statutory or otherwise, regarding Licensee’s Facilities, all of which will be deemed personal property whether
considered real or personal property under applicable state laws. Licensee will not allow any mechanic’s or materialmen’s liens to be placed on the Property as a result of its work on the Property.
F. Licensee will not interfere with Licensor’s use of the Property or use by others to whom Licensor has granted the use of the Property and agrees to cease all such actions which unreasonably and materially interfere with the use thereof by
Licensor or others no later than three (3) business days after receipt of written notice of the interference from Licensor. If the interference cannot be eliminated within 30 days after Licensee has received written notice, either Licensor or Licensee may at its option terminate this Agreement immediately.
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G. Licensee is entitled to ingress, egress, and access from an open and improved public
road and access path 24 hours a day, seven days a week, except in case of unforeseen emergency.
5. FACILITIES
A. Licensee will install the Facilities at its sole cost, in compliance with all of Licensor’s Technical Site Standards, and any reasonable amendments thereto, FCC rules and regulations, and good engineering practices. Prior to installing any
Facilities, Licensee must satisfy the Conditions Precedent identified on Exhibit C attached hereto.
B. The placement of additional Facilities is subject to the prior approval of the Licensor, which approval may not be unreasonably withheld, conditioned, or delayed.
C. Licensee agrees that its Facilities will be of types and frequencies which will not cause radio frequency interference to Licensor or to any other prior lessees or
licensees of the Property, provided that Licensor, all lessees, licensees, and other
users of the Property are in compliance with Paragraph 4.B above. In the event such interference does occur, and Licensee is advised in writing of such interference, Licensee must eliminate such interference within twenty-four (24) hours or cease using the Facilities causing the interference except for short tests necessary for the
elimination of the interference. It is further agreed that Licensor in no way
guarantees to Licensee non-interference to the operation of Licensee’s Facilities. Notwithstanding the foregoing, Licensor will use its best efforts to afford Licensee similar protection from interference caused by the operations of subsequent Property users.
D. Prior to adding additional transmitter or receiver frequencies on the Property,
outside the frequencies currently used by Licensee, Licensee must notify Licensor
of the modified frequencies and to perform the necessary interference studies to ensure that the modified frequencies will not cause harmful radio interference to other existing users. Licensee will pay for such studies, which must be performed by a registered professional communications engineer.
E. If Licensee’s Facilities produce noticeable noise levels that exceed noise
regulations per the local ordinances and/or state laws, Licensee will at its own
expense install a noise buffer.
F. In the event Licensor determines, in its sole discretion, to replace the roof on the building located on the Property, Licensee will relocate all of its roof-top equipment (i.e., cable runs) from the roof to a permanent ground run within thirty (30) days’
written notice from Licensor. Thereafter Licensee will not be permitted to re-install
roof-top equipment (i.e., cable runs) on roof.
G. Licensee’s Responsibility/Use. Licensee may use the following parts of the Property for the following uses, and the construction, maintenance, repair, replacement, removal, and operations of the following, all of which are hereafter
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referred to as “Licensee’s Improvements.” Licensee’s Improvements will be
installed at Licensee’s expense and must be maintained in a reasonable condition and secured by Licensee. Licensee must ensure that is use of the Property is consistent with all local, state, and federal laws, ordinances, and regulations.
(a) Three (3) mounts, each of which will have the capacity to accommodate
four (4) communications antennas consisting of flat panels, with connecting
lines for each panel as more particularly illustrated on Exhibit B attached hereto.
(b) Related radio and support equipment which shall be located within a fenced area 15 by 20 feet as illustrated on Exhibit B attached hereto.
(c) Utility wires underground and cables, conduits, and pipes within that part
of the Property described on the Site Plans attached hereto as party of Exhibit B.
(d) Right to ingress and egress 24 hours each day, seven (7) days a week, on foot or motor vehicle on and over that part of the Property from and to
Licensee’s Improvements as depicted in Exhibit B for the purpose of
inspecting, maintaining and repairing its Facility and related equipment, provided however, Licensor may require Licensee to exercise its right of ingress and egress on and over a different part of the Property or other property as may be provided by or through Licensor.
(e) A separately metered connection to electric utility, which supplies
electricity billable to Licensee.
6. UTILITY SERVICE
Licensee will pay for, install, and provide all future Gopher State One Call locates and all required utility services. Payment for utility services, including but not limited to electric and telephone service, for the Facilities will be Licensee’s responsibility without any adjustment to Rent. Licensor will not be responsible for any damages which occur as a
result of interruption of utility services except Licensor will be responsible for any direct damages to utilities caused by solely by Licensor. Licensor will reasonably cooperate with Licensee’s efforts to improve existing utilities on the Property for Licensee’s use, or to connect the Facilities to existing utilities on the Property. Licensor will execute any easement, right-of-way, or similar agreement that Licensee or a utility service provider
may reasonably request for any such purposes, all costs to be borne by Licensee. Licensee must comply with all ordinances and codes regarding noise and hours of operation when operating back-up power generation for normal routine maintenance. 7. TERMINATION
A. Except as otherwise provided herein, this License may be terminated without
penalty or further liability, on thirty (30) days’ notice as follows:
(1) At any time during the term of this License by either party upon a default of
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any covenant or term hereof by the other party which default is not corrected
within thirty (30) days of receipt of written notice of default (without, however, limiting any other rights available to the Parties pursuant to any other provisions hereof); provided, however, that neither party will be in non-monetary default under this License if it commences curing any such non-
monetary default within such 30-day period and thereafter diligently
prosecutes the cure to completion;
(2) At any time during the term of this License by Licensee if Licensee is unable to obtain or maintain any license, permit or other governmental approval necessary to the installation and/or operation of the Facilities or Licensee’s business;
(3) At any time during the term of this License by Licensor if, in Licensor’s sole judgment after consultation with a licensed structural engineer, Licensor
determines that the Tower is structurally unsound for use as a tower, for any reason, including but not limited to considerations related to the age of the Tower, damage to or destruction of all or part of the Tower or the Property from any source, or factors relating to the condition of the Property. This Agreement may not be terminated under this paragraph if Licensee, at
Licensee’s cost, remedies the structural defect as determined by Licensor’s structural engineer. Before undertaking remedial work to correct any structural defects, Licensee’s proposed corrective work must be approved by Licensor’s structural engineer as to the structural design, and must be approved by Licensor as it affects the aesthetics of the Property;
(4) At any time prior to Licensee’s installation of its equipment on the Premises
(i) if the Property is or becomes unacceptable under Licensee’s design or
engineering specifications for its equipment or the communications system to which the equipment belongs or (ii) Licensee determines that any soil boring tests or structural analysis is unsatisfactory; and
(5) At any time prior to Licensee’s installation of its equipment on the Premises if Licensee’s technical reports do not establish to its exclusive reasonable
satisfaction that the Premises is capable of being suitably engineered to
accomplish Licensee’s intended use of the Premises. B. Upon termination or expiration of this License, Licensee must at its expense, within ninety (90) days, remove all of its Facilities from the Premises. Licensee will
continue to pay to Licensor the full monthly rental amount until all of Licensee’s
Facilities are removed from the Premises and the Premises is restored to original usable condition, ordinary wear and tear excepted. If all Facilities are not removed by the Licensee within 90 days, Licensor may remove the Facilities and restore the Premises. Licensee will reimburse Licensor for all costs incurred by Licensor to
remove and dispose of the Facilities and restore the Property. Contemporaneously
with the delivery to Licensor of this License Agreement executed by Licensee, Licensee, at its cost and expense, will procure and deliver to Licensor an irrevocable letter of credit (“Letter”) in favor of Licensor in the principal amount of five thousand dollars, ($5,000.00) to secure Licensee’s obligation to remove the
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Facilities and restore the Premises. Licensor may draw upon the Letter in an amount
necessary to reimburse Licensor for its costs. If the Letter is insufficient to cover Licensor’s costs, Licensee will promptly pay to Licensor the deficiency. This paragraph will survive termination of this License Agreement.
8. INSURANCE
Licensee must obtain and carry insurance in the amounts and types as follows:
A. General Liability. Licensee must obtain and carry maintain occurrence form comprehensive general liability insurance coverage. Such coverage must be written to include, but not be limited to, bodily injury, property damage–broad form, and personal injury, for the hazards of Premises/operation, broad form contractual,
independent contractors, and products/completed operations. Licensee must maintain the comprehensive general liability coverage with limits of liability not less than the following limits for any one person or occurrence: $2,000,000.00 each occurrence; $2,000,000.00 personal and advertising injury; $2,000,000.00 general aggregate; and $2,000,000.00 products completed operations aggregate. These
limits may be satisfied by comprehensive general liability coverage or in combination with an umbrella or excess liability policy, provided coverages afforded by the umbrella or excess policy are no less than the above stated limits.
B. Licensee Property Insurance. Licensee must keep in force during the Term and any Renewal Term a policy covering damages to its Facilities at the Property. The amount of coverage must be sufficient to provide for replacement of the damaged
Facilities, damages resulting from loss of use, and must comply with any ordinance, statutory, or legal requirements.
C. Hazardous Materials Coverage. Licensee must carry sufficient coverage, to the reasonable satisfaction of Licensor, for damage caused by Hazardous Materials.
D. Adjustment to Insurance Coverage Limits. The coverage limits set forth herein will be increased at the time of any Renewal Term by multiplying the current coverage limit by a fraction, the numerator of which is the Consumer Price Index All Urban
consumers-All Items Base 1982 to 1984 Equals 100, as published by the U.S.
Department of Labor, Bureau of Labor Statistics (“CPI-U”) for the month that is three months preceding the first day of the Renewal Term, the denominator of which is the CPI-U for the month that is three months prior to the first day of this License Agreement. If the CIP-U is discontinued, comparable statistics on the
purchasing power of the consumer dollar published by the U.S. Department of
Labor or its successors as designated by Licensor will be used for making the computations in this paragraph. In the event the same base period (1982-1984 Equals 100) used in computing the CPI-U is changed, the figures used in making the adjustment will accordingly be changed so that the changes in the CIP-U are
taken into account with the same mathematical results notwithstanding any change
in the base period. In the event of any other changes in the CIP-U, Licensor will designate a comparable calculation to be used for the calculations of this paragraph.
E. Additional Insured. The insurance policies naming Licensor required by this
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Paragraph 8 must be issued by a company (rated A+ or better by Best Insurance
Guide) licensed to do business in the State of Minnesota and must name the City of Eden Prairie as an additional insured. The insurance policies must provide that Licensee’s coverage is the primary coverage in the event of a loss. The policies must also ensure the indemnification obligation(s) contained in Section 9 of this
License Agreement. A copy of Licensee’s insurance declaration page(s), Rider(s),
or Endorsement(s) (“Proof of Insurance”), as applicable, which evidences the existence of this insurance coverage naming the City of Eden Prairie as an additional insured must be provided to Licensor before Licensee, or any Party acting on Licensee’s behalf or at Licensee’s behest, enters the Property for the
purpose of construction or placing any Facility or related material on the Property.
The Proof of Insurance must also provide that the coverage(s) may not be canceled, non-renewed, or materially changed without thirty (30) days prior written notice to Licensor. Such insurance must be maintained at all times during the term of this License and must be evidenced by certificates of insurance to be filed by Licensee
with Licensor prior to using the demised Premises or Property.
F. Excess Liability. Licensee must maintain an excess or umbrella liability policy with
a combined single limit of $5,000,000.00 per occurrence.
9. INDEMNIFICATION A. Licensee and Licensor each indemnify and hold harmless the other and their elected officials, officers, employees, agents, and representatives, from and against any and all claims, costs, losses, expenses, demands, actions, or causes of action, including
reasonable attorneys’ fees and other costs and expenses of litigation arising out of the use and occupancy of the licensed Premises or Property by Licensee or Licensor, which may be asserted against or incurred by either Party or for which either Party may be liable in the performance of this License, except those to the extent that the same arise from the negligence, willful misconduct, or other fault of
either Party. Licensee will defend all claims arising out of the installation, operation, use, maintenance, repair, removal, or presence of Licensee’s Facilities, equipment, and related facilities on the licensed Premises notwithstanding any provision set forth herein to the contrary. Licensee’s obligations under this paragraph are contingent upon its receiving prompt written notice of any event
giving rise to an obligation to indemnify Licensor and Licensor’s granting it the right to control the defense and settlement of the same. Licensor’s obligation to indemnify Licensee will, in any event, be limited as set forth in Minnesota Statutes Section 466.04.
B. Hazardous Materials. Without limiting the scope of Subparagraph 9A above, Licensee will be solely responsible for and will defend, indemnify, and hold
Licensor, its agents, and employees harmless from and against any and all claims,
costs, and liabilities, including attorney’s fees and costs, arising out of or in connection with the cleanup or restoration of the Property resulting from Licensee’s use of Hazardous Materials. For purposes of this License Agreement, “Hazardous Materials” will be interpreted broadly and specifically includes, without limitation,
asbestos, fossil fuels, biological fuels, synthetic fuels, batteries or any hazardous
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substance, waste, or materials as defined in federal, state, or local environmental or
safety laws or regulations including, but not limited to, CERCLA. The obligation of this Subparagraph 9B will survive the expiration or other termination of this License Agreement.
C. Licensee’s Warranty. Licensee represents and warrants that its use of the Property will not generate and Licensee will not store or dispose of on the Property, nor
transport to or over the Property, any Hazardous Materials in violation of any
applicable law.
D. Licensor’s Warranty. Licensor represents and warrants that it has no knowledge of any Hazardous Materials on the Property in violation of any applicable law.
10. LIMITATION OF LICENSOR’S LIABILITY
If Licensor terminates this License other than pursuant to one of the express provisions of this License, or Licensor causes interruption of the business of Licensee or for any other
breach of this License by Licensor, Licensor’s liability for damages to Licensee will be limited to the actual and direct costs of equipment removal, repair, and relocation and will specifically exclude any future expectation of profits, loss of business or profit, or related damages to Licensee.
11. DEFAULT
A. The following will constitute an event of default by Licensee (“Licensee’s Default”): (1) Licensee’s failure to observe or perform any covenant or condition
contained in this Agreement within thirty (30) days after written notice to Licensee specifying such failure and requiring Licensee to remedy the same. (2) The adjudication of Licensee as bankrupt by a court of competent
jurisdiction, or the entry by such a court of an order approving a petition seeking reorganization of Licensee under the federal bankruptcy laws or any other applicable law or statute of the United States of America or any State thereof, or the appointment by such a court of a trustee or receiver or receivers of Licensee or of all or any substantial part of its property upon
the application of any creditor in any insolvency or bankruptcy proceeding or other creditor’s suit in each case, the order or decree remains unstayed and in effect for ninety (90) days. (3) The filing by Licensee of a petition in voluntary bankruptcy or the making
by it of a general assignment for the benefit of creditors or the consenting by it to the appointment of a receiver or receivers of all or any substantial part of the property of Licensee; or the filing by Licensee of a petition or answer seeking reorganization under the federal bankruptcy laws or any other applicable law or statute of the United States of America or any State
thereof; or the filing by Licensee of a petition to take advantage of any
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debtor’s act.
B. Remedies. Except as expressly limited in this License, Licensor and Licensee will have such remedies for the default of the other party hereto as may be provided at law or equity following written notice of such default and failure to cure the same
within thirty (30) days or as extended as provided in Paragraph 7A above.
13. SUCCESSORS OR ASSIGNS
The terms and conditions of this License will run with the Property. All of the terms, covenants, obligations, and conditions herein will be binding upon and inure to benefit of the successors and assigns of the Parties. This License may be sold, assigned, or transferred
by Licensee without any approval or consent of Licensor to Licensee’s principal, affiliates,
subsidiaries of its principal, or to any entity which acquires all or substantially all of Licensee’s assets in the market defined by the Federal Communications Commission in which the Property is located by reason of a merger, acquisition, or other business reorganization. As to other parties, this License may not be sold, assigned, or transferred
without the written consent of the Licensor, which such consent will not be unreasonably
withheld, delayed, or conditioned. No change of stock ownership, partnership interest, or control of Licensee or transfer upon partnership or corporate dissolution of Licensee will constitute an assignment hereunder.
14. QUIET ENJOYMENT
Licensee, upon paying Rent, will peaceably and quietly have, hold, and enjoy the Property
pursuant to this License.
15. CASUALTY
If any portion of the Property or Facilities are damaged by any casualty and such damage
adversely affects Licensee’s use of the Property, this License will become terminable by Licensee upon thirty (30) days written notice of such casualty so long as such notice from Licensee is given within thirty (30) days of such casualty. Termination under this Paragraph, upon proper notice, will become effective on the thirtieth (30th) day following
the date of such notice.
16. CONDEMNATION If a condemning authority takes any portion of the Property and such taking adversely
affects Licensee’s use of the Property, this Agreement will terminate as of the date the title
vests in the condemning authority, if Licensee gives written notice of its intent to terminate within thirty (30) days after receiving notice of such vesting. The Parties will be entitled to make claims in any condemnation proceeding for the value of their respective interests in the Property (which for Licensee may include, where applicable, the value of the
communications facilities, moving expenses, prepaid rent, and business-relocation
expenses). Sale of all or part of the Property to a purchaser with the power of eminent domain in the face of the exercise of the power will be treated as a taking by condemnation. 17. ADVANCES IN TECHNOLOGY
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As technology advances and improved antennas are developed which are routinely used by Licensee in Licensee’s business, Licensor may require in its reasonable discretion the replacement of the existing antennas with any improved antennas then being used by Licensee in the Minneapolis-St. Paul Metropolitan Area if new antennas are more
aesthetically pleasing or otherwise foster a public purpose, as long as the installation and
use of improved antennas is economically and technically feasible. 18. ADDITIONAL BUILDINGS, IMPROVEMENTS, OR ANTENNAS
Licensee acknowledges that Licensor may permit additional buildings or improvements to
be constructed on the Property and such buildings or improvements may be placed immediately adjacent to Licensee’s Facilities. Licensor may permit antennas of third parties to be attached to the Tower, provided that Licensor’s structural engineer first certifies that the Tower will structurally accommodate Licensee’s existing antennas plus
the proposed antennas of third parties.
19. TEMPORARY INTERRUPTIONS OF SERVICE If Licensor determines that continued operation of Licensee’s Facilities would cause or
contribute to an immediate threat to the public health and/or safety (including maintenance
and operating personnel), Licensor may order Licensee to discontinue its operations, or if the continued use constitutes an emergency, Licensor may without prior notice to Licensee cause discontinuance of operation of Licensee’s Facilities. Discontinuance of Licensee’s operations may include, but will not be limited to, shutting down the transmission of
electromagnetic waves or impulses to or from the Facilities. Licensee must immediately
comply with such an order. Operations must be discontinued only for the period that the immediate threat exists. If Licensor is unable to give prior notice to Licensee, Licensor will notify Licensee as soon as possible after its action and give its reason for taking the action. Licensor will not be liable to Licensee or any other party for any interruption in Licensee’s
service or interference with Licensee’s operation of its Facilities. If the discontinuance
extends for a period greater than three (3) days, either consecutively or cumulatively, Licensee will have the right to terminate this Agreement upon thirty days’ notice as provided in Paragraph 7.
20. NO DUTY TO REPAIR
Licensor will have no duty or obligation to maintain, repair, restore, replace, or modify the Tower, the Land, or any of Licensee’s Facilities, fixtures, personal property, or improvements located thereon or therein.
21. LICENSEE’S COVENANTS Licensee will: (a) use natural gas or propane, and will not use gasoline or diesel fuel, for energy to power any generator installed on the Property; (b) not use any process or method
in the installation, maintenance, or removal of any Facility upon the Tower by means of
welding, cutting tool, or other device which would damage the Tower or any equipment attached thereto; (c) protect the Facilities from damage or harm in the event of the repair
11
or maintenance of the Tower or other property of Licensor; (d) not, without Licensor’s
consent, remove, cut, or trim any trees or other vegetation on the Property; and (e) replace significant trees (as defined in Eden Prairie City Code Section 11.55, subd. 2) lost or reasonably anticipated to be lost as a result of installation of Licensee’s Facilities on the Property, in accordance with Eden Prairie City Code Section 11.55, subd. 4.
22. NOTICES
All notices, requests, demands, and other communications hereunder must be in writing and will be deemed given if personally delivered or mailed, certified mail, return receipt requested or by any nationally recognized courier service, to the following addresses:
If to Licensor: City of Eden Prairie Attn: City Manager 8080 Mitchell Road
Eden Prairie, MN 55344 With a copy to: Eden Prairie City Attorney Attn: Margaret L. Neuville 100 Washington Avenue South, Suite 1550
Minneapolis, MN 55401 If to Licensor: T-Mobile Central, LLC 12920 SE 38th Street Bellevue WA 98006
Attn: Lease Compliance / A1P0090A 23. MISCELLANEOUS:
A. Licensor represents and warrants it has the legal authorization to enter into and sign this License and has good and marketable title to the Property.
B. Licensor will contemporaneously herewith execute and acknowledge and deliver
to Licensee for recording a Memorandum of this License (“Memorandum”) in the form of Exhibit D attached hereto. C. This License supersedes all prior discussions and negotiations and contains all
agreements and understandings between the Licensor and Licensee. This License
may only be amended in writing signed by all Parties. Exhibits A through F are incorporated into this License by reference. No provision of this License will be deemed waived by either party unless expressly waived in writing by the waiving party. No waiver will be implied by delay or any other act or omission of either
party. No waiver by either party of any provisions of this License will be deemed a
waiver of such provision with respect to any subsequent matter relating to such provision. D. This License may be signed in counterparts by the Parties hereto.
E. Any claim, controversy, or dispute arising out of this License Agreement may, upon
12
mutual agreement of the parties, be referred to mediation or binding arbitration in
accordance with the applicable rules of the American Arbitration Association (“AAA”). Any settlement or judgment resulting from said mediation or arbitration may be entered in any court having jurisdiction thereof. The mediation or arbitration will be conducted in the AAA office nearest the county where the
Property is located. There may be no discovery other than exchange of information
which is provided to the mediator or arbitrator by the Parties. The Parties hereby waive all rights to, and claims for, monetary awards other than compensatory damages. Absent the parties’ agreement to mediate or arbitrate in accordance with this paragraph, any claim, controversy, or dispute arising out of this License
Agreement may be litigated in a court of competent jurisdiction in Hennepin
County.
F. This License will be construed in accordance with the laws of the State of Minnesota
G. If any Term of this License is found to be void or invalid, such finding will not affect the remaining terms of this License, which will continue in full force and effect.
IN WITNESS WHEREOF the Parties have executed this License Agreement effective as of the day and year first above written.
(signature pages follow)
13
LICENSOR: City of Eden Prairie, a Minnesota municipal corporation
By: __________________________________ Ronald A. Case Its: Mayor
AND
By: ___________________________________ Rick Getschow
Its: City Manager
14
LICENSEE: T-Mobile Central LLC
By: _________________________________ _________________________________
Its: _________________________________
LIST OF EXHIBITS
Exhibit A: Legal Description of the Property
Exhibit B: Approved Plans and Specifications
Exhibit C: Conditions Precedent
Exhibit D: Memorandum of License Agreement
EXHIBIT A
Legal Description of Property
Property Address: 6341 Baker Road, Eden Prairie, MN 55346
Property Index: 03-116-22-12-0443
The Property is legally described as follows:
Outlot A, Crosstown Racquet Club, Hennepin County, Minnesota
EXHIBIT B
Approved Plans and Specifications
EXHIBIT C
CONDITIONS PRECEDENT
1. All permits from all local or federal land use jurisdictions for the intended use.
2. All local airspace authorities and FAA determination of no hazard to airspace.
3. FCC authorization to utilize this location for the intended use.
4. Licensee’s technical reports must establish to its exclusive satisfaction that the Property is capable of being suitably engineered to accomplish Licensee’s intended use of the Property.
5. Licensee’s technical reports must establish to the Licensor’s exclusive satisfaction that the installation will not interfere with other communication devices and systems presently in place.
EXHIBIT D
MEMORANDUM OF LICENSE AGREEMENT
Between the City of Eden Prairie (“Licensor”) and T-Mobile Central (“Licensee”). This Memorandum evidences that a License Agreement (the “License”) was made and entered into by written License Agreement between the City of Eden Prairie, a Minnesota
municipal corporation (“Licensor”) and T-Mobile Central, L.L.C., a Washington limited liability
company (“Licensee”) regarding a portion of the property legally described as follows:
Outlot A, Crosstown Racquet Club, Hennepin County, Minnesota
The License is for an initial term of seven (7) years with up to four (4) five (5) year renewal terms following the initial term and will commence on _________________ (the “Commencement Date”).
IN WITNESS WHEREOF, the parties hereto have respectively executed this memorandum effective as of the date of the last party to sign.
(signature pages follow)
LICENSOR: City of Eden Prairie,
a Minnesota municipal corporation
By: __________________________________
Ronald A. Case Its: Mayor
Date: _________________________________
AND
By: ___________________________________
Rick Getschow Its: City Manager
Date: __________________________________
STATE OF MINNESOTA )
) ss. COUNTY OF HENNEPIN ) This instrument was acknowledged before me on ____________________, 2023, by
Ronald A. Case and Rick Getschow, respectively the Mayor and City Manager of the City of Eden
Prairie, a Minnesota municipal corporation, for and on behalf of the City of Eden Prairie.
___________________________________
Notary Public
LICENSEE:
T-Mobile Central LLC
By: _________________________________
_________________________________ Its: _________________________________
Date: ________________________________
STATE OF ____________________ ) ) ss. COUNTY OF __________________ )
This instrument was acknowledged before me on ____________________, 2023 by
_______________________, the _______________________ of T-Mobile Central LLC, a Delaware limited liability company, for and on behalf of said entity.
___________________________________ Notary Public
This instrument drafted by: Gregerson, Rosow, Johnson & Nilan, Ltd. 100 Washington Avenue South, Suite 1550 Minneapolis, MN 55401 (612) 338-0755
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE
September 5, 2023
DEPARTMENT / DIVISION
Administration Rick Clark, Facilities
ITEM DESCRIPTION
Dorenkemper Water and Sewer
ITEM NO.
VIII.E.
Requested Action
Move to: Award Contract to Highview Plumbing to install water and sewer lines into Dorenkemper
home for $29,260. Synopsis Highview Plumbing $29,260
Parrot Contracting Decline Background
As part of the 2023 Capital Improvement Plan water and sewer lines will be brought into the Dorenkemper home. This will provide the opportunity of future possible uses of the home and property. The water and sewer lines will be capped off in the lower-level crawl space for the availability of future expansion of the water and plumbing systems. Attachments Standard Agreement for Contract Services with Highview Plumbing
2017 06 01
Agreement for Contract Services
This Agreement (“Agreement”) is made on the 5th day of September 2023, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Highview Plumbing Inc, a Minnesota Corporation (hereinafter "Contractor") whose business address is 7460 Oxford Street St. Louis Park, MN 55426.
Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations
providing such services enter into written agreements with the City. The purpose of this
Agreement is to set forth the terms and conditions for the provision of services by Contractor for Install water and sewer into crawl space of Dorenkemper home hereinafter referred to as the "Work".
The City and Contractor agree as follows: 1. Scope of Work. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions,
terms, agreements, consultant or industry proposal, or contract terms attached to or a part of
Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Effective Date and Term of Agreement. This Agreement shall become effective as of
September 5, 2023. The Work shall be completed by November 30, 2023.
3. Obligations of Contractor. Contractor shall conform to the following obligations: a. Contractor shall provide the materials and services as set forth in Exhibit A.
b. Contractor and its employees will park in service areas or lots and use entries and
exits as designated by City. Contractor’s personnel will contact the appropriate person (i.e. receptionist, maintenance personnel, security, etc,) immediately upon entering the building, and will sign in and out if required by City.
c. Care, coordination and communication by Contractor is imperative so that guests and
employees in the buildings are not disturbed or inconvenienced during the performance of the contracted services. d. Contractor’s personnel must be neat appearing, wear a uniform and badge that clearly identifies them as a service contractor, and abide by City’s no smoking policies.
e. Contractor must honor the City’s request to reassign an employee for cause. Cause may include performance below acceptable standards or failure to present the
Standard Agreement for Contract Services 2017 06 01.01 Page 2 of 11
necessary image or attitude, in the judgment of the owner, to present a first class operation.
f. When necessary, Contractor’s personnel will be provided with keys or access cards in order to perform their work. Any lost keys or cards that result in rekeying a space or other cost to the City will be billed back to the Contractor.
4. City’s Obligations. City will do or provide to Contractor the following: a. Provide access to City properties as appropriate. b. Provide restroom facilities as appropriate.
5. Compensation for Services. City agrees to pay the Contractor a fixed sum of $29,260 as full and complete payment for the labor, materials and services rendered pursuant to this Agreement and as described in Exhibit A.
a. Any changes in the scope of the work which may result in an increase to the
compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization.
b. If Contractor is delayed in performance due to any cause beyond its reasonable
control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any,
due to the delay.
6. Method of Payment. a. Contractor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Agreement. Invoices submitted shall be
paid in the same manner as other claims made to the City.
b. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: “I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid.”
c. No fuel surcharges or surcharges of any kind will be accepted nor will they be paid. 7. Project Manager. The Contractor shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The
Project Manager shall be assisted by other staff members as necessary to facilitate the
completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the Project Manager without the approval of the City.
Standard Agreement for Contract Services 2017 06 01.01 Page 3 of 11
8. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under
similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the
fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably
foreseen at the time of execution of this Agreement. Contractor shall be responsible for
costs, delays or damages arising from unreasonable delays in the performance of its duties. 9. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and
pay for such insurance as will protect against claims or loss which may arise out of
operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law.
b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation 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
Standard Agreement for Contract Services 2017 06 01.01 Page 4 of 11
insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General
Liability form arising from pollution, explosion, collapse, underground property
damage or work performed by subcontractors. d. Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not
available.
e. All policies, except the Worker’s Compensation Policy, shall name the “City of Eden Prairie” as an additional insured.
f. All policies, except the Worker’s Compensation Policy, Automobile Policy, and
Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations. g. All polices shall contain a waiver of subrogation in favor of the City.
h. All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver of subrogation in favor of the City. i. All polices, except the Worker’s Compensation Policy, shall insure the defense and
indemnity obligations assumed by Contractor under this Agreement.
j. Contractor agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work.
k. It shall be Contractor’s responsibility to pay any retention or deductible for the coverages required herein. l. All policies shall contain a provision or endorsement that coverages afforded
thereunder shall not be cancelled or non-renewed or restrictive modifications added,
without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City.
m. Contractor shall maintain in effect all insurance coverages required under this
Paragraph at Contractor’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing.
n. A copy of the Contractor’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor’s Work. Upon request a copy of the Contractor’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents
Standard Agreement for Contract Services 2017 06 01.01 Page 5 of 11
evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements.
Renewal certificates shall be provided to City prior to the expiration date of any of
the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City’s
right to enforce the terms of Contractor’s obligations hereunder. City reserves the
right to examine any policy provided for under this paragraph. o. Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the
City, the City's officials, agents and employees from any loss, claim, liability and
expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and
regardless of the extent to which the underlying occurrence (i.e., the event giving rise to
a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor
also agrees that if applicable law limits or precludes any aspect of this indemnity, then
the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run.
If a claim arises within the scope of the stated indemnity, the City may require
Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from
Contractor's insurance company.
Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City.
10. Indemnification. Contractor will defend and indemnify City, its officers, agents, and
employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed,
taken or not performed or taken by Contractor, its agents, contractors and employees, relative
to this Agreement. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees.
Standard Agreement for Contract Services 2017 06 01.01 Page 6 of 11
11. Warranty. The Contractor expressly warrants and guarantees to the City that all Work
performed and all materials furnished shall be in accord with the Agreement and shall be free
from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Agreement, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other
remedies available under this Agreement, at law or in equity.
Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace
and in general to perform all necessary corrective Work with regard to the defective or
nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY’S REMEDY OR THE CONTRACTOR’S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any
damages sustained by the City and so as to not interfere with or in any way disrupt the
operation of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of
correcting all Work of other Contractors destroyed or damaged by defective or
nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials.
The Contractor shall post bonds to secure the warranties.
12. Termination. a. This Agreement may be terminated at any time by either party for breach or non-performance of any provision of this Agreement in accordance with the following.
The party (“notifying party”) who desires to terminate this Agreement for breach or
non-performance of the other party (“notified party”) shall give the notified party notice in writing of the notifying party’s desire to terminate this Agreement describing the breach or non-performance of this Agreement entitling it to do so. The notified party shall have five (5) days from the date of such notice to cure the breach
or non-performance. Upon failure of the notified party to do so, this Agreement shall
automatically terminate. b. Upon the termination of this Agreement, whether by expiration of the original or any extended term or terms hereof, or for any other reason, Contractor shall have the
right, within a reasonable time after such termination to remove from City’s premises
any and all of Contractor’s equipment and other property. Except for liability resulting from acts or omissions of a party, arising, taken or omitted prior to such termination, the rights and obligations of each party resulting from this Agreement
Standard Agreement for Contract Services 2017 06 01.01 Page 7 of 11
shall cease upon such termination. Any prior liability of a party shall survive termination of this Agreement.
c. In the event of dissolution, termination of existence, insolvency, appointment of a receiver, assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency law, or the service of any warrant, attachment, levy or similar process involving Contractor, City may, at its option in
addition to any other remedy to which City may be entitled, immediately terminate
this Agreement by notice to Contractor, in which event, this Agreement shall terminate on the notice becoming effective. 13. Independent Contractor. Contractor is an independent contractor engaged by City to
perform the services described herein and as such (i) shall employ such persons as it shall
deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be
construed so as to find the Contractor an employee of the City.
14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or
equitable actions by either party. Unless the parties agree otherwise, the mediation shall be
in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation
unless a longer period of time is provided by agreement of the parties. Cost of mediation
shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof.
GENERAL TERMS AND CONDITIONS
15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party.
16. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and
Standard Agreement for Contract Services 2017 06 01.01 Page 8 of 11
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 Agreement supersedes all oral
agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly
signed by the parties, unless otherwise provided herein.
23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota.
24. Non-Discrimination. During the performance of this Agreement, the Contractor shall
not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision
of this non-discrimination clause and stating that all qualified applicants will receive
consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all
Standard Agreement for Contract Services 2017 06 01.01 Page 9 of 11
subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the
Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990.
25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or
certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a
nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall
commence to run one business day after any such mailing or deposit. A party may
change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change.
26. Rights and Remedies. The duties and obligations imposed by this Agreement and the
rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Contractor not
specifically provided for herein shall be honored by the City.
28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement.
29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a
period of six (6) years after the effective date of this Agreement.
b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Contractor under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without
the City's prior written approval. This Agreement is subject to the Minnesota Government
Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Agreement is
subject to the requirements of the Data Practice Act and Contractor shall comply with
those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Agreement shall contain similar Data Practices Act compliance language.
Standard Agreement for Contract Services 2017 06 01.01 Page 10 of 11
30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement
shall not affect, in any respect, the validity of the remainder of this Agreement.
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE __________________________________
Mayor
___________________________________ City Manager
CONTRACTOR
By: ________________________________
Its: _______________________________
Standard Agreement for Contract Services 2017 06 01.01 Page 11 of 11
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
September 5, 2023
DEPARTMENT/DIVISION:
Administration Alecia Rose, Administrative
Services and Human
Resources Director
ITEM DESCRIPTION:
Approve Contract Renewal with the Ultimate Kronos Group, Inc. (UKG) as
a Human Resources Information System
(HRIS), Recruitment and Onboarding, and Payroll Service Provider
ITEM NO.:
VIII.F.
Requested Action
Move to: Approve Contract Renewal with the Ultimate Kronos Group, Inc. as a Human Resources Information System (HRIS), Recruitment and Onboarding, and Payroll Service Provider. Synopsis
In November of 2014 the City began using Ultimate Kronos Group, Inc as its HRIS and Payroll Service Provider. In July 2015 the City moved from Taleo and began using Recruitment and Onboarding provided by Ultimate Kronos Group, Inc. By combining the Payroll, HRIS, Recruitment, and Onboarding functions with one service provider, the City has streamlined the
applicant to new hire process and reduced the need for multiple data entries. Ultimate Kronos Group, Inc is offering a five-year contract, beginning April 6, 2024, with annual increases of 3%, which results in annual fees of between approximately $140,000 and $153,000 each year.
The move to Ultimate Kronos Group, Inc has been beneficial for the Human Resources Division and hiring managers throughout the City. Attachment
SaaS Services Agreement Amendment
\clm_finapr_4\
Effective Date: Effective as of the date of last signature of this Amendment
Customer: City of Eden Prairie
AR#: CIT1020
UKG Representative: Michael D'Antonio
UKG Division: CRR West
Re: Amendment to the Agreement (“Amendment”) between UKG Inc. (formerly known as The Ultimate Software
Group, Inc.) and Customer
The parties agree to amend the Agreement as follows:
1. The term of the Agreement shall be extended for a term of sixty (60) months, commencing on April 6, 2024 and expiring on April 5, 2029 (“Renewal Term”). Thereafter, the Agreement shall automatically terminate. Customer may not terminate the Agreement during this renewal term. The Customer may terminate the Agreement after the Renewal Term by serving written notice of its intention at least ninety (90) days prior to the date of next such renewal period. Either party shall have the right to terminate the Agreement upon thirty (30) days prior written notice upon any breach hereof by the other party, provided the party in breach shall not have cured such breach during such thirty (30)
day period. 2. During the Renewal Term and thereafter, Customer agrees to an increase in the Subscription Fees above current amount that Customer is paying to UKG pursuant to the Agreement as follows: i.April 6, 2024 – April 5, 2025 – three percent (3%) per annum ii.April 6, 2025 – April 5, 2026 – three percent (3%) per annum iii.April 6, 2026 – April 5, 2027 – three percent (3%) per annum iv.April 6, 2027 – April 5, 2028 – three percent (3%) per annum v.April 6, 2028 – April 5, 2029 – three percent (3%) per annum 3. Commencing on the Effective Date, all increases to the Subscription Fees under the Agreement shall occur on April 6th of each year. 4. Commencing on the Effective Date UKG shall bill Customer the current quarterly Subscription Fees on the same quarterly basis as the Subscription Fees pursuant to the Master Agreement. UKG agrees to prorate the next quarterly billing to accommodate same 5. This Amendment is subject to the terms and conditions of that certain master agreement between the parties with an effective date on or about November 18, 2014 (“Master Agreement”) along with various addenda, supplements, amendments, etc. to same (collectively referred to as the “Agreement”). All other terms and conditions of the Agreement
are reaffirmed and remain unchanged by this Amendment. In the event of a conflict between the terms of this Amendment and the Agreement, the terms of this Amendment will govern.
6. The parties agree that any signature (including but not limited to any electronic symbol attached to, or associated with, a contract or other record and adopted by a person with the intent to sign, authenticate or accept such contract or record) hereto shall have the same legal validity and enforceability as a manually executed signature to the fullest extent permitted by applicable law, and the parties hereby waive any objection to the contrary. This Amendment may be executed in any number of counterparts, each of which when executed and delivered shall constitute a duplicate original of this Amendment but all counterparts together, shall constitute one and the same instrument. Each counterpart may be executed by electronic signature or manual signature. Delivery of an executed counterpart of this Amendment by telecopier or facsimile transmission or other electronic means shall be effective as delivery of a manually executed counterpart of this Amendment.
.
DocuSign Envelope ID: 705B84CD-0237-4CAC-96A8-33C5CEF5CD77
City of Eden Prairie UKG Inc.
By: \clm_sig_1\ By: \clm_sig_3\ Name: Ronald A. Case \clm_nam_1\ Name: \clm_nam_3\ Title: Mayor\clm_ttl_1\ Title: \clm_ttl_3\ Date: \clm_dt_1\ Date: \clm_dt_3\ City of Eden Prairie
By:
Name: Rick Getschow Title: City Manager Date: Customer - Mid-Market
DocuSign Envelope ID: 705B84CD-0237-4CAC-96A8-33C5CEF5CD77
Director Customer Renewals
David Wiant
8/24/2023 | 1:33 PM EDT
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
September 5, 2023
DEPARTMENT/DIVISION:
Jason Goblirsch Parks & Recreation
ITEM DESCRIPTION:
Award the Contract for the Purchase and Installation of Playground Safety Surfacing at Round Lake Park west side playground and Willow Park playground
ITEM NO.:
VIII.G.
Motion
Move to: Approve the Standard Agreement for Contract Services with Midwest
Groundcover Express Blower Service for the purchase and installation of playground mulch safety surfacing at Round Lake west side playground and Willow Park playground at a cost not to exceed $21,840.
Synopsis
The City of Eden Prairie requested proposals for new playground safety surfacing in the form of
tamarack mulch, to be installed upon the completion of the new playground equipment installation at Round Lake Park’s west side playground and Willow Park’s playground. Funding for the mulch and installation service will come from the Capital Maintenance & Reinvestment Fund. Background The city has identified tamarack mulch to have the best fall attenuating properties of all mulch alternatives. Compared to other fall attenuating options, such as synthetic or rubber surfacing, tamarack mulch is cost effective while providing a high degree of safety for children visiting our
parks. Blowing in the mulch on the initial installation provides consistent coverage and depth, while adequately filling in all the nooks and crannies, to ensure the surfacing provides the desired safety.
2023 Playground Safety Surfacing Mulch and Installation
Midwest Ground Cover Cost Per Yard of Mulch Installed
Round Lake Park west side playground $42.00
Willow Park playground $42.00
Windscapes
Round Lake Park west side playground $47.70
Willow Park playground $45.61
Attachment Standard Agreement for Contracted Services Exhibit A
2017 06 01
Agreement for Contract Services
This Agreement (“Agreement”) is made on the 5th day of September, 2023, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Midwest Groundcover Express Blower Service, a Minnesota company (hereinafter "Contractor") whose business address is PO Box 120 Orono, MN 55356.
Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations
providing such services enter into written agreements with the City. The purpose of this
Agreement is to set forth the terms and conditions for the provision of services by Contractor for the installation of safety surfacing mulch at Round Lake Park west side playground and Willow Park playground hereinafter referred to as the "Work".
The City and Contractor agree as follows: 1. Scope of Work. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions,
terms, agreements, consultant or industry proposal, or contract terms attached to or a part of
Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Effective Date and Term of Agreement. This Agreement shall become effective as of
September 5th, 2023. The Work shall be completed immediately following the installation of
new playground equipment. 3. Obligations of Contractor. Contractor shall conform to the following obligations: a. Contractor shall provide the materials and services as set forth in Exhibit A.
b. Contractor and its employees will park in service areas or lots and use entries and exits as designated by City. Contractor’s personnel will contact the appropriate person (i.e. receptionist, maintenance personnel, security, etc,) immediately upon entering the building, and will sign in and out if required by City.
c. Care, coordination and communication by Contractor is imperative so that guests and employees in the buildings are not disturbed or inconvenienced during the performance of the contracted services. d. Contractor’s personnel must be neat appearing, wear a uniform and badge that clearly
identifies them as a service contractor, and abide by City’s no smoking policies.
e. Contractor must honor the City’s request to reassign an employee for cause. Cause may include performance below acceptable standards or failure to present the
Standard Agreement for Contract Services 2017 06 01.01 Page 2 of 10
necessary image or attitude, in the judgment of the owner, to present a first class operation.
f. When necessary, Contractor’s personnel will be provided with keys or access cards in order to perform their work. Any lost keys or cards that result in rekeying a space or other cost to the City will be billed back to the Contractor.
4. City’s Obligations. City will do or provide to Contractor the following: a. Provide access to City properties as appropriate. b. Provide restroom facilities as appropriate.
5. Compensation for Services. City agrees to pay the Contractor a fixed sum of $21,840.00 as full and complete payment for the labor, materials and services rendered pursuant to this Agreement and as described in Exhibit A.
a. Any changes in the scope of the work which may result in an increase to the
compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization.
b. If Contractor is delayed in performance due to any cause beyond its reasonable
control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any,
due to the delay.
6. Method of Payment. a. Contractor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Agreement. Invoices submitted shall be
paid in the same manner as other claims made to the City.
b. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: “I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid.”
c. No fuel surcharges or surcharges of any kind will be accepted nor will they be paid. 7. Project Manager. The Contractor shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The
Project Manager shall be assisted by other staff members as necessary to facilitate the
completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the Project Manager without the approval of the City.
Standard Agreement for Contract Services 2017 06 01.01 Page 3 of 10
8. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under
similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the
fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably
foreseen at the time of execution of this Agreement. Contractor shall be responsible for
costs, delays or damages arising from unreasonable delays in the performance of its duties. 9. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and
pay for such insurance as will protect against claims or loss which may arise out of
operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law.
b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation 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
Standard Agreement for Contract Services 2017 06 01.01 Page 4 of 10
insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General
Liability form arising from pollution, explosion, collapse, underground property
damage or work performed by subcontractors. d. Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not
available.
e. All policies, except the Worker’s Compensation Policy, shall name the “City of Eden Prairie” as an additional insured.
f. All policies, except the Worker’s Compensation Policy, Automobile Policy, and
Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations. g. All polices shall contain a waiver of subrogation in favor of the City.
h. All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver of subrogation in favor of the City. i. All polices, except the Worker’s Compensation Policy, shall insure the defense and
indemnity obligations assumed by Contractor under this Agreement.
j. Contractor agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work.
k. It shall be Contractor’s responsibility to pay any retention or deductible for the coverages required herein. l. All policies shall contain a provision or endorsement that coverages afforded
thereunder shall not be cancelled or non-renewed or restrictive modifications added,
without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City.
m. Contractor shall maintain in effect all insurance coverages required under this
Paragraph at Contractor’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing.
n. A copy of the Contractor’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor’s Work. Upon request a copy of the Contractor’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents
Standard Agreement for Contract Services 2017 06 01.01 Page 5 of 10
evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements.
Renewal certificates shall be provided to City prior to the expiration date of any of
the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City’s
right to enforce the terms of Contractor’s obligations hereunder. City reserves the
right to examine any policy provided for under this paragraph. o. Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the
City, the City's officials, agents and employees from any loss, claim, liability and
expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and
regardless of the extent to which the underlying occurrence (i.e., the event giving rise to
a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor
also agrees that if applicable law limits or precludes any aspect of this indemnity, then
the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run.
If a claim arises within the scope of the stated indemnity, the City may require
Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from
Contractor's insurance company.
Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City.
10. Indemnification. Contractor will defend and indemnify City, its officers, agents, and
employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed,
taken or not performed or taken by Contractor, its agents, contractors and employees, relative
to this Agreement. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees.
Standard Agreement for Contract Services 2017 06 01.01 Page 6 of 10
11. Warranty. The Contractor expressly warrants and guarantees to the City that all Work
performed and all materials furnished shall be in accord with the Agreement and shall be free
from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Agreement, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other
remedies available under this Agreement, at law or in equity.
Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace
and in general to perform all necessary corrective Work with regard to the defective or
nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY’S REMEDY OR THE CONTRACTOR’S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any
damages sustained by the City and so as to not interfere with or in any way disrupt the
operation of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of
correcting all Work of other Contractors destroyed or damaged by defective or
nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials.
The Contractor shall post bonds to secure the warranties.
12. Termination. a. This Agreement may be terminated at any time by either party for breach or non-performance of any provision of this Agreement in accordance with the following.
The party (“notifying party”) who desires to terminate this Agreement for breach or
non-performance of the other party (“notified party”) shall give the notified party notice in writing of the notifying party’s desire to terminate this Agreement describing the breach or non-performance of this Agreement entitling it to do so. The notified party shall have five (5) days from the date of such notice to cure the breach
or non-performance. Upon failure of the notified party to do so, this Agreement shall
automatically terminate. b. Upon the termination of this Agreement, whether by expiration of the original or any extended term or terms hereof, or for any other reason, Contractor shall have the
right, within a reasonable time after such termination to remove from City’s premises
any and all of Contractor’s equipment and other property. Except for liability resulting from acts or omissions of a party, arising, taken or omitted prior to such termination, the rights and obligations of each party resulting from this Agreement
Standard Agreement for Contract Services 2017 06 01.01 Page 7 of 10
shall cease upon such termination. Any prior liability of a party shall survive termination of this Agreement.
c. In the event of dissolution, termination of existence, insolvency, appointment of a receiver, assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency law, or the service of any warrant, attachment, levy or similar process involving Contractor, City may, at its option in
addition to any other remedy to which City may be entitled, immediately terminate
this Agreement by notice to Contractor, in which event, this Agreement shall terminate on the notice becoming effective. 13. Independent Contractor. Contractor is an independent contractor engaged by City to
perform the services described herein and as such (i) shall employ such persons as it shall
deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be
construed so as to find the Contractor an employee of the City.
14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or
equitable actions by either party. Unless the parties agree otherwise, the mediation shall be
in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation
unless a longer period of time is provided by agreement of the parties. Cost of mediation
shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof.
GENERAL TERMS AND CONDITIONS
15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party.
16. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and
Standard Agreement for Contract Services 2017 06 01.01 Page 8 of 10
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 Agreement supersedes all oral
agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly
signed by the parties, unless otherwise provided herein.
23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota.
24. Non-Discrimination. During the performance of this Agreement, the Contractor shall
not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision
of this non-discrimination clause and stating that all qualified applicants will receive
consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all
Standard Agreement for Contract Services 2017 06 01.01 Page 9 of 10
subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the
Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990.
25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or
certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a
nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall
commence to run one business day after any such mailing or deposit. A party may
change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change.
26. Rights and Remedies. The duties and obligations imposed by this Agreement and the
rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Contractor not
specifically provided for herein shall be honored by the City.
28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement.
29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a
period of six (6) years after the effective date of this Agreement.
b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Contractor under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without
the City's prior written approval. This Agreement is subject to the Minnesota Government
Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Agreement is
subject to the requirements of the Data Practice Act and Contractor shall comply with
those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Agreement shall contain similar Data Practices Act compliance language.
Standard Agreement for Contract Services 2017 06 01.01 Page 10 of 10
30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement
shall not affect, in any respect, the validity of the remainder of this Agreement.
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE __________________________________
Mayor
___________________________________ City Manager
CONTRACTOR
By: ________________________________
Its: _______________________________
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
September 5, 2023
DEPARTMENT/DIVISION:
Jerry Byington
Public Works / Fleet Services
ITEM DESCRIPTION: I.C. 23818
Amendment to the 2023 and 2024 Vehicle Purchases Authorizations
ITEM NO.:
VIII.H.
Requested Action
Move to: Amend the vehicle purchase authorization for 2023 and 2024 to purchase three EV Police Pursuit Vehicle (PPV) Blazers as opposed to the three previously approved EV Mustang GTs. Synopsis
On May 17, 2022, and again on June 13, 2023, the City Council authorized the Fleet Services Division to purchase a total of three EV Ford Mustang GT vehicles for the Police Department. Due to high demand and low availability these vehicles have been difficult to secure and purchase. During this time Chevrolet announced they would begin producing an EV Police Pursuit Vehicle (PPV) Blazer. Because this is a PPV vehicle specifically designed for police officer use and performance it includes skid plates, police-
rated tires, steel wheels, high-capacity wiring harnesses for additional electronic equipment, additional battery capacity for electronic upfitting, and additional emergency equipment support (as opposed to the non-PPV Mustang) it is a more suitable vehicle for our officers. The cost to purchase these three EV PPV Blazers is $189,509.46. The previously approved EV Mustang
GTs had an estimated price of $163,000. Because the EV PPV Blazers will be delivered from the factory with much upfitting (wiring, lights, switches, lamps, etc.) its price is compatible with the price of the EV Mustang GTs after the City contracts for these same upfitting addons. The City of Eden Prairie participates in the State of Minnesota Cooperative Purchasing Venture (CPV).
This enables the City to buy vehicles and equipment under the terms of contracts already negotiated by the State of Minnesota. The three EV PPV Blazers will be purchased using State Contract #188747. Background Information
The City of Eden Prairie adopted a Climate Action Plan (CAP) in 2020. The CAP established a goal of zero greenhouse gas emissions (GHG) communitywide by 2050. One of the largest contributors of GHG comes from vehicle emissions. The CAP identified strategies to reduce vehicle emissions by moving to an electric vehicle platform for city vehicles. Approval of this item will work to achieve the city’s CAP goals.
Attachment State Contract Purchase Order
Equipment No.
Purchase Order No.
(236) (238) (241)
QUANTITY UNIT PRICE TOTAL PRICE
3 59,425.00$ 178,275.00$
3 1,891.50$ 5,674.50$
3 776.00$ 2,328.00$
3 548.05$ 1,644.15$
3 48.50$ 145.50$
3 24.25$ 72.75$
3 55.29$ 165.87$
3 60.14$ 180.42$
3 89.24$ 267.72$
3 53.35$ 160.05$
3 48.50$ 145.50$
3 -$
3 150.00$ 450.00$
-$
(GBA) Black
(KERR) Ship Through Kerr for Spotlights and
Lighting
(6E5) Switches, rear window inoperative (rear
windows can only operate from driver's position)
(6N5) Door locks and handles inside rear doors
inoperative (doors can only be opened from outside)
(6J3)Wiring, grille lamps and siren speaker circuit
(9G8) Headlamps, Daytime Running Lamps and
automatic headlamp control delete deletes standard
Daytime Running Lamps and automatic headlamp
control features, also disables automatic interior
courtesy lighting
Date:North Country GM
1502 E Howard Street
Hibbing, MN 55746
Bob O'Hara
218-349-8955
8/22/2023
City of Eden Prairie Maintenance Facility
15150 Technology Drive Eden Prairie, MN
55344 Attention: Gerald Byington
(6E2) Fleet Calibration provides a single key and
calibration with a specific code that is common to the
driver door lock of the entire Blazer EV fleet with the
same code. Key code is an alternate to SEO (6E8)
Fleet Calibration. Includes (AU7) common fleet key
(Requires (AMF) Remote Keyless Entry Package.
Not available with SEO (6E8) complete vehicle fleet
common key.
(6J4)Wiring, horn and siren circuit
Spotlamp, left-hand, LED (7X3)
(T53) Lamps alternate flashing Red & Blue rear
compartment lid warning (visible when liftgate is
open) and controlled by momentary liftgate mounted
switch or ground wire
(UTQ) Calibration, keyless remote panic button and
exterior lights/horn disable
PURCHASE ORDER REQUISITION
DESCRIPTION
2024 Chevrolet Blazer EV PPV 9C1
Red Left/Blue Right Whelen LED ION Lamp Package
two ION light heads mounted on each exterior corner
(6JG)
Department/Activity:
Require Delivery By:
Deliver to:
236,238,241
Purchase From:
Fleet/Police
Accounting Code:
8529.6507
63,169.82$ 189,509.46$
-$
-$
63,169.82$ 189,509.46$
Date
G:\Maintenance Facility\Forms\Purchase Order Requisition (Excel)
Deliver to: City of Eden Prairie Maintenance Facility
15150 Technology DriveEden Prairie, MN 55344
Attn: Gerald Byington 952-294-5936
State of MN Contract #188747
Cell 612-708-1809
Subtotal
Purchasing Agent:
Amount Taxable
Sales Tax
TOTAL
Approval
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
September 5, 2023
DEPARTMENT/DIVISION:
Carter Schulze
Public Works
ITEM DESCRIPTION: I.C. #16-5944
Approve Encroachment Agreement with LP EP Apartments, LLC related to construction of the Town Center Station
ITEM NO.:
VIII.I.
Requested Action
Move to: Approve Encroachment Agreement with LP EP Apartments, LLC related to construction of the Town Center Station. Synopsis
This Encroachment Agreement outlines the rights and responsibilities of the owner to maintain and repair a turnaround at the corner of Town Center Place and Eden Road in the owners parking lot. This turnaround encroaches onto public property. Background Information
In order to construct the new intersection with Town Center Place and Eden Road for the Town Center Station, the access to the apartment building was relocated. As this was the access for garbage pickup, a designed turn around was built. This turnaround in the apartments parking lot encroaches onto public property and requires an encroachment agreement.
Attachment Encroachment Agreement
1
ENCROACHMENT AGREEMENT FOR PRIVATE USE OF PUBLIC
PROPERTY
This Encroachment Agreement For Private Use of Public Property (hereinafter “Encroachment
Agreement”) is made this ____ day of ______________, 2023, between the CITY OF EDEN
PRAIRIE, Minnesota, a municipal corporation (the “City”), and LP EP Apartments LLC, a
Delaware limited liability company (the “Owner”).
RECITALS:
A.The Owner is the fee owner of property located in the City of Eden Prairie, Minnesota,
legally described as: Lot 1, Block 1, Lincoln Parc Apartments, Hennepin County,
Minnesota (“Owner’s Property”);
B.The City is the easement holder of public right-of-way on Owner’s Property located on the
north side of Owner’s Property as depicted on the attached Exhibit A (the “Public
Property”);
C.Owner desires to use that portion of the Public Property legally described and depicted on
Exhibit A as “Encroachment Area” for the purpose of allowing garbage trucks and other
large trucks serving Owner’s Property adequate space to turn around (the “Turnaround”);
D.City is willing to permit the Encroachment, subject to the terms and conditions of this
Agreement.
AGREEMENT
In consideration of the foregoing and the mutual covenants herein, the parties agree as follows:
1.The recitals set forth above are incorporated herein.
2.PUBLIC PROPERTY. The Owner acknowledges that a portion of the Turnaround
encroaches on the Public Property,
3.ENCROACHMENT. City grants Owner the right to use the Encroachment Area
and Owner hereby assumes the responsibility to maintain and repair the Turnaround
(“Maintenance”) in the location where it encroaches into the Encroachment Area and subject to
the terms set forth below in paragraph 4. The City retains the right to manage the Public Property
as provided in state statutes and City Code subject to Owner’s reasonable use of the Turnaround
as provided herein. The City also retains the right to reasonably approve the Maintenance and
direct the Owner reasonably to correct any deficiencies in the Maintenance.
4.INDEMNITY. The Owner shall indemnify, defend and hold the City and its
employees, contractors, agents, representatives, elected and appointed officials, and attorneys
harmless from any and all claims, damages, losses, costs and expenses, including reasonable
attorneys’ fees, arising from, based on, or related to the encroachment of the Turnaround on the
Public Property, including, but not limited to, any claim asserted against the City as a result of the
2
maintenance, occupation or use of the Turnaround and/or failure of the Owner to maintain the
Turnaround in such a condition as to prevent against injury to persons or property.
5.INSURANCE. Owner shall maintain a public liability insurance policy which
provides coverage for damage to the property of others or injury or death to persons resulting from
use of the Encroachment Area. Such coverage shall be on an occurrence basis and shall include
contractual liability coverage with respect to the indemnity obligation in Paragraph 4 above.
Upon request, the Owner shall provide the City with a Certificate of Insurance for such coverage
required in this Agreement.
6. CONDITION OF PUBLIC PROPERTY. The Owner acknowledges the City has
made no representations or warranties regarding the condition of the Public Property or its
suitability for the uses permitted by this Agreement.
7.NO VESTED RIGHTS. This Agreement shall not constitute or be construed as
creating or establishing any vested right of the Owner to the area encroached upon.
8.MAINTENANCE. Owner hereby agrees that it must secure from City all required
municipal permits prior to any reconstruction or maintenance work within the Public Property,
including a right-of-way permit which permits shall be reasonably approved by City.
9.BINDING EFFECT. Except as hereinafter provided, this Agreement shall run with
the land and bind and inure to the benefit of the parties hereto and their respective heirs, successors
and assigns.
10. ENTIRE AGREEMENT. This Agreement contains all the terms and conditions
relating to the Improvements and replaces any oral agreements or other negotiations between the
parties. No modifications of this Agreement shall be valid until they have been placed in writing
and signed by all parties hereto.
11. RECORDING. The Owner shall cause this Agreement to be filed for record with
the Hennepin County Recorder/Registrar of Title (as applicable) within 30 days of its execution
by the Owner and the City. Evidence of filing shall be provided to the City within 30 days
thereafter.
SIGNATURES ON FOLLOWING PAGES
3
CITY OF EDEN PRAIRIE
By: ________________________________
Ronald A. Case, Mayor
By: ________________________________
Rick Getschow, City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ____ day of _______, 2023, by
Ronald A. Case and Rick Getschow, respectively the Mayor and City Manager of the City of Eden
Prairie, Minnesota, a municipal corporation on behalf of the corporation.
______________________________
NOTARY PUBLIC
5
EXHIBIT A
TO ENCROACHMENT AGREEMENT
Legal Description and Depiction of Encroachment Area
5101055555303020DRAINAGE AND UTILITY EASEMENTPER PLAT OF LINCOLN PARCAPARTMENTSDRAINAGE AND UTILITYEASEMENT PER PLAT OFLINCOLN PARC APARTMENTSDRAINAGE AND UTILITYEASEMENT PER PLAT OFLINCOLN PARC APARTMENTS555105555254PATHWAY EASEMENT PERDOC. NO. T33314722525PERMANENT TRANSPORTATIONEASEMENT AS DESCRIBED INDOC T5499162NE Cor. L1, B1,LINCOLN PARCAPARTMENTSNorth line of Lot 1, Block 1, LINCOLN PARC APARTMENTSCITY OF EDEN PRAIRIE PERMANENT EASEMENTACQUIRED VIA CONDEMNATION AS DESCRIBEDIN CONDEMNATION PETITION 27-CV-19-7881EPTC ROWSWLRT ROWS82°13'42"W 48.16 68.16Line BS7°46'18"E15.00S7°46'18"E15.00Line A1515552020EncroachmentAreaTurn aroundpad areaOWNER PROPERTY LINESHEETOFSHEET NAME:DISCIPLINE:NO. DATEDRAWNREVISION / SUBMITTALCHECK DESIGN11Encroachment AreaSURVEYCHECKED BY:DATE:DESIGNED BY:DRAWN BY:0RPWEBL3/08/23Parcel 21411 05/03/22 RW COMMENTS FROM MATT A.SOUTHWEST LRT-Eden PrairieTown Center StationERIC B. LINDGRENDATE:LIC. NO.:3/08/2348176I hereby certify that this survey, plan, or report wasprepared by me or under my direct supervision and thatI am a duly Licensed Land Surveyor under the laws ofthe State of Minnesota.2 03/08/23 RW/TC COMMENTS FROM CITY OF EP
CITY COUNCIL AGENDA
SECTION: Public Hearing
DATE:
September 5, 2023
DEPARTMENT/DIVISION: Julie Klima, Community
Development Director;
Jeanne Karschnia, Housing Services Coordinator
ITEM DESCRIPTION: Public Hearing to solicit comments on the
Fiscal Year 2022 Consolidated Annual
Performance and Evaluation Report (CAPER)
ITEM NO.:
XI.A.
Requested Action Hold a public hearing to solicit comments on the Fiscal Year 2022 Consolidated Annual Performance
and Evaluation Report (CAPER). No formal action is required by the City Council.
Synopsis The 2022 Consolidated Annual Performance and Evaluation Report (CAPER) evaluates the City of
Eden Prairie’s accomplishments towards meeting the five-year goals defined in the Consolidated
Plan, as required by the Department of Housing and Urban Development (HUD), for communities receiving Community Development Block Grant (CDBG) funding. The 2022 program year began July 1, 2022 and ended June 30, 2023 and is the third grant period of the 2020-2024 Consolidated Plan.
Background Information The five-year goals of the Consolidated Plan are the quantitative unit and service goals for the Hennepin County Consortium, which includes Hennepin County, and the cities of Bloomington,
Plymouth, and Eden Prairie.
Support of housing programs and public services is seen as a high priority for the City of Eden Prairie. Through CDBG funds, Eden Prairie supported family, youth, and housing activities for seniors, disabled, and low-income residents which included:
• Affordable Housing
• Rehabilitation of Private Property
• First Time Homebuyer Assistance
• Public Services HUD requires at least two public hearings be held each program year to provide opportunities for residents and interested representatives of local organizations to be involved in reviewing program
activities, the local needs of low and moderate-income persons and proposed uses for CDBG funds. In conjunction with Hennepin County, Eden Prairie will hold two public hearings in the current fiscal year with the first being advertised for and held this evening. Any comments received during the meeting, or in writing during the comment period, will be submitted to HUD as part of the CAPER package. The second public hearing will be advertised and held by the Eden Prairie City
Council in or around March 2024 to obtain public comment on proposed activities for CDBG funding for the 2024 program year. Attachment 2022 CDBG Consolidated Annual Performance and Evaluation Report
CAPER 1
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-05 - Goals and Outcomes
Progress the jurisdiction has made in carrying out its strategic plan and its action plan. 91.520(a)
This could be an overview that includes major initiatives and highlights that were proposed and executed throughout the program year.
• $189,331 of the City’s 2022 CDBG allocation and $70,000 in program income and prior year funds was allocated the City's Rehab
program and affordable housing programs to help provide decent housing, while maintaining affordability and sustainability. These
funds were used in the rehabilitation of fourteen low/mod income owner-occupied homes. Two homeowners used the emergency
rehab program to replace their furnace and air conditioners. The housing rehab program surpassed its goal due to supply chain issues
being resolved. CDBG formula funds were used by the West Hennepin Affordable Housing Land Trust to help acquire one single family
property which will be sold to a low/mod income first time homebuyer. Two low/mod income First Time Homebuyers received down
payment assistance to purchase their first home in Eden Prairie.
• $74,000 of the City’s CDBG allocation was allocated for public service programs that provide assistance to low/moderate income seniors,
families, youth and individuals. These funds helped provide access to suitable living environments, maintain affordability, availability
and accessibility to housing activities. Sixty-seven low/mod income Eden Prairie households received assistance during 2022. These
programs were successful in addressing the needs of Eden Prairie households.
• $2,000 of the City’s CDBG allocation was used for fair housing activities. The City funds and participates in the Fair Housing
Implementation Council (FHIC), a regional housing consortium that works on region-wide fair housing strategies. This group, working
with a non-profit consultant, recently completed its new Analysis of Impediments (AI) and is set to begin strategizing around some of the
impediments identified.
• $30,000 of the City’s CDBG allocation and $25,000 in program income was allocated for administration of the CDBG program.
• The City was awarded $399,571 in CDBG-CV (Coronavirus) funds in 2020. During the 2022 program year, $39,736 was expended for
rental assistance to low/mod income Eden Prairie residents who were unable to make their programs to prevent, prepare for and
respond to the coronavirus and safely serve their clients. These public service programs included rental and mortgage assistance, food
support and staff costs.
In 2022, the City of Eden Prairie received $295,331 in CDBG funding and $166,835.88 in CDBG program income.
In June of 2020, the U.S. Department of Housing and Urban Development (HUD) allocated $168,055 of Coronavirus Aid, Relief, and Economic
Security Act (CARES Act) funding to the City of Eden Prairie. The CDBG CARES Act funding (CDBG-CV) prioritized the unique needs of low- and
CAPER 2
OMB Control No: 2506-0117 (exp. 09/30/2021)
moderate-income persons and the development of partnerships between government and non-profit sectors. CDBG-CV funds were used to
support CDBG subgrantees in serving low and moderate-income residents to prevent, prepare for and respond to the Coronavirus
pandemic. An additional allocation in the amount of $231,516 was granted to the City in late 2020.
The City was awarded $399,571 in CDBG-CV funds during 2020 and has disbursed $395,888.59 to date. $29,821.91 of these funds were
expended during the 2022 program year and the City has $3,682.41 remaining in CDBG-CV funds.
Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and
explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g)
Categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators, units of measure, targets, actual
outcomes/outputs, and percentage completed for each of the grantee’s program year goals.
Goal Category Source /
Amount
Indicator Unit of
Measure
Expected
–
Strategic
Plan
Actual –
Strategic
Plan
Percent
Complete
Expected
–
Program
Year
Actual –
Program
Year
Percent
Complete
Acquisition Affordable
Housing
CDBG:
$80,000
Homeowner Housing
Added
Household
Housing
Unit
5 3
60.00% 1 1
100.00%
Administration Administration CDBG:
$66,000 Other Other 1 1
100.00% 1 1
100.00%
Direct
Homebuyer
Assistance
Affordable
Housing
CDBG:
$30,000
Homeowner Housing
Added
Household
Housing
Unit
5 5
100.00% 1 2
0.00%
Fair Housing Fair Housing CDBG:
$2,000 Other Other 1 1
100.00% 1 1
100.00%
Homeowner
Rehabilitation
Affordable
Housing
CDBG:
$200,000
Homeowner Housing
Rehabilitated
Household
Housing
Unit
30 42
140.00% 8 15
180.00%
CAPER 3
OMB Control No: 2506-0117 (exp. 09/30/2021)
Public Services
Non-Homeless
Special Needs
Non-Housing
Community
Development
CDBG:
$15,000
Public service
activities other than
Low/Moderate
Income Housing
Benefit
Persons
Assisted 100 46
46.00% 15 13
86.67%
Public Services
Non-Homeless
Special Needs
Non-Housing
Community
Development
CDBG:
$32,449
Public service
activities for
Low/Moderate
Income Housing
Benefit
Households
Assisted 75 47
63.00% 15 15
100.00%
Rehab Grants Non-Homeless
Special Needs CDBG: $
Facade
treatment/business
building
rehabilitation
Business 6 2
33.33% 0 0 N/A
Rehab Grants Non-Homeless
Special Needs CDBG: $ Businesses assisted Businesses
Assisted 0 0 0 0
Rental Housing
Rehabilitation
Affordable
Housing
Non-Homeless
Special Needs
CDBG: $ Rental units
rehabilitated
Household
Housing
Unit
1 0
0.00%
Senior Services
Non-Homeless
Special Needs
Non-Housing
Community
Development
Senior Public
Service
CDBG:
$22,550
Public service
activities other than
Low/Moderate
Income Housing
Benefit
Persons
Assisted 150 96
64.00% 43 33 77%
CAPER 4
OMB Control No: 2506-0117 (exp. 09/30/2021)
Youth Services
Non-Housing
Community
Development
CDBG:
$4,000
Public service
activities other than
Low/Moderate
Income Housing
Benefit
Persons
Assisted 15 12
80.00% 3 6
200%
Table 1 - Accomplishments – Program Year & Strategic Plan to Date
Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan,
giving special attention to the highest priority activities identified.
All activities undertaken by the City of Eden Prairie have a high ranking in the Five Year strategic plan. These activities include Homeless
Prevention (PROP), Senior Community Services, Child Care (PROP), Car Repair (PROP), West Hennepin Affordable Housing Land Trust (WHAHLT),
First Time Homebuyer and Housing Rehab. Except for the HOME program, the public service programs met their spending goals. Due to high
demand and because the rental assistance program expended their funds before the end of the program year, the remaining HOME funds were
transferred to PROP to be used for rental assistance. According to the City’s Citizen Participation Plan, this change is considered administrative
in nature and was not required to go through the substantial amendment process. This change was made internally and is addressed as a
revision in this CAPER. Their priority in the strategic plan was high serving those households who were at or below 80% Median Family Income.
Since decent, affordable housing is of the highest priority for the City, it is very important that Housing Rehab, Homeless Prevention (PROP), First
Time Homebuyer and WHAHLT meet their goal. The City strives to provide and maintain it's affordable housing stock. The City also uses TIF
funds to finance its Rehab program and First Time Homebuyer programs. These TIF funds serve households whose income falls between the
80% and 100% AMI income limit. Two first time homebuyer was able to purchase a home in Eden Prairie and fifteen households received rehab
assistance using TIF funds.
Eden Prairie was awarded $399,571 in CDBG-CV funds in 2020. These funds were used by PROP, Eden Prairie’s emergency assistance provider,
to prevent, prepare for and respond to the coronavirus through emergency assistance programs that serve low/mod income Eden Prairie
residents. During the 2022 program year, PROP was able to assist 12 low -and moderate income Eden Prairie residents with rental assistance,
for those adversely affected by the coronavirus.
CAPER 5
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-10 - Racial and Ethnic composition of families assisted
Describe the families assisted (including the racial and ethnic status of families assisted).
91.520(a)
CDBG
White 35
Black or African American 19
Asian 2
American Indian or American Native 0
Native Hawaiian or Other Pacific Islander 0
Total 54
Hispanic 2
Not Hispanic 52
Table 2 – Table of assistance to racial and ethnic populations by source of funds
Narrative
Eden Prairie served sixty-seven households during 2022. The majority of clients served were White (35),
but other races were also served including Black/African American (19), African American and White (5),
Asian (2), and those reporting more than one race (6). Two of the households were Hispanic.
A demographic snapshot of Eden Prairie, notes Eden Prairie's population as 64,198. 70% of Eden
Prairie's population identified as white alone, 7% identified as Black or African-American, 14% as Asian
and 5% identified as Hispanic. The percentage of households identifying as Black or African American,
White and Hispanic that were assisted with CDBG funds is consistent with these statistics.
Eden Prairie served twelve low/mod income residents with CDBG-CV funds to prevent, prepare for and
respond to the coronavirus. The races served with these funds were White (4) Black/African American
(3), African American and White (1), and those reporting more than one race (4). Two of
the households were Hispanic.
CAPER 6
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-15 - Resources and Investments 91.520(a)
Identify the resources made available
Source of Funds Source Resources Made
Available
Amount Expended
During Program Year
CDBG public - federal $390,331
Table 3 - Resources Made Available
Narrative
$319,913.29 – Unexpended CDBG funds at end of previous program year
$295,331.00 - 2022 Entitlement Grant
$166,835.88 - 2022 Program Income
$782,080.17 – Total CDBG funds available in 2022
$226,144.83 – Expended for Rehab Activities
$ 129,900.00 – Expended for Affordable Housing
$ 74,000.00 – Expended for Public Services
$ 2,000.00 – Expended for Fair Housing Activities
$ 66,526.26 – Expended for Program Administration
$498,571.09 – Total CDBG expended during 2022
$283,509.08 - Unexpended CDBG Balance
$33,504.32 – Unexpended CDBG-CV Grant at end of previous program year
$29,821.91 – Expended for rental assistance
$ 3,682.41 – Total CDBG-CV unexpended balance
Identify the geographic distribution and location of investments
Target Area Planned Percentage of
Allocation
Actual Percentage of
Allocation
Narrative Description
Citywide 100
Table 4 – Identify the geographic distribution and location of investments
CAPER 7
OMB Control No: 2506-0117 (exp. 09/30/2021)
Narrative
All CDBG and CDBG-CV funds are distributed Citywide. Because there are no concentrations of poverty
or other significant factors, all programs are available City-wide.
CAPER 8
OMB Control No: 2506-0117 (exp. 09/30/2021)
Leveraging
Explain how federal funds leveraged additional resources (private, state and local funds),
including a description of how matching requirements were satisfied, as well as how any
publicly owned land or property located within the jurisdiction that were used to address the
needs identified in the plan.
The CDBG funds that the City receives go towards leveraging other government and private
funds by the subrecipients. The City does not use these funds to leverage funds that benefit
the City directly. Many of the public service subrecipients who receive City of Eden Prairie CDBG
funds use these funds to leverage other funds, including those from private foundations,
private individual donors, as well as other City funds. PROP and Senior Community Services
together leverage the following amounts:
Federal Funds - $48,444
Local Funds - $446,500
Other Funds - $338,630
Total Leveraged Funds - $833,574
No public owned land or property located within the jurisdiction were used to address the
needs identified in the plan.
CAPER 9
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-20 - Affordable Housing 91.520(b)
Evaluation of the jurisdiction's progress in providing affordable housing, including the
number and types of families served, the number of extremely low-income, low-income,
moderate-income, and middle-income persons served.
One-Year Goal Actual
Number of Homeless households to be
provided affordable housing units 0 0
Number of Non-Homeless households to be
provided affordable housing units 2 3
Number of Special-Needs households to be
provided affordable housing units 0 0
Total 2 3
Table 5 – Number of Households
One-Year Goal Actual
Number of households supported through
Rental Assistance 15 15
Number of households supported through
The Production of New Units 1 2
Number of households supported through
Rehab of Existing Units 8 15
Number of households supported through
Acquisition of Existing Units 1 1
Total 25 33
Table 6 – Number of Households Supported
Discuss the difference between goals and outcomes and problems encountered in meeting these goals.
The City of Eden Prairie exceded their affordable housing unit goal this year. The current trend of low
inventory of existing homes, rising home costs and higher interest rates makes affordable
homeownership a challenge for many low/mod income families. Despite these obstacles, the City was
able to provide down payment assistance to two first time home buyers using CDBG funds during
2022. The City also finances its First Time Homebuyer program with TIF funds that have a 100% AMI
income limit. One first time homebuyer was able to purchase a home in Eden Prairie using these higher
income TIF funds. WHAHLT acquired a property in Eden Prairie during 2022 that was be sold to a
low/mod income first time homebuyer. Fifteen people received rental and mortgage assistance through
PROP which helped the families avoid homelessness through eviction and foreclosure. The City's housing
rehab program exceeded its goal of eight homes by rehabilitating fifteen homes during 2022. Of these
fifteen homes, two were also a part of the Emergency Rehab program. Through the rehab program,
CAPER 10
OMB Control No: 2506-0117 (exp. 09/30/2021)
sustainability and affordability are maintained. One obstacle the City encountered with its housing
rehab program was supply chain issues, securing project bids and finding reliable contractors.
Contractors are busier than usual which is causing a delay in bid submission and job completion. In order
to address these obstacles in 2023, the City plans to work with the inspections department to identify
contractors who are reliable and are able to complete projects in a timely manner.
Discuss how these outcomes will impact future annual action plans.
All of the City’s housing programs had positive outcomes during 2022. The City would like to increase
the number of households served with these program as well as the First Time Homebuyer Program.
The City will continue to market its First Time Homebuyer Program in 2023 to attract more first time
homebuyers in Eden Prairie. Currently, the City of Eden Prairie is able to use prior year program income
to fund the First Time Homebuyer and Housing Rehab programs which will help increase our outcomes
in 2023. If after 2023, these funds are no longer available, the City will look to support it through our
CDBG Entitlement Grant funds which may result in lower outcomes due to less funding.
Include the number of extremely low-income, low-income, and moderate-income persons served by each activity where information on income by family size is required to determine the eligibility of the activity.
Number of Households Served CDBG Actual HOME Actual
Extremely Low-income 31 0
Low-income 36 0
Moderate-income 15 0
Total 82 0
Table 7 – Number of Households Served
Narrative Information
The City of Eden Prairie is continually trying to add new affordable housing units and maintain the
condition of existing units. The City works with developers as they come into the City with a new
development to add affordable units. In order to maintain the housing stock, the City offers a Deferred
Housing Rehabilitation loan using its CDBG funds. The loans assist those individuals whose income is at
or below 80 percent of the area median income, many of whom live in the more affordable housing
stock in the City, to maintain the quality of home.
Eden Prairie seeks ways to make affordable housing a reality for families of low/moderate income. The
Eden Prairie First Time Homebuyer Program offers a zero interest, deferred loan with the City of Eden
Prairie holding a second mortgage on the property. The deferred loan helps first time homebuyers
offset the cost of purchasing a home by providing assistance with down payment, closing costs, and
mortgage principle reduction. Repayment of the loan is required when the home is sold or no longer
homesteaded within the first 30 years. After 30 years, the loan becomes due and payable. Financial
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assistance is provided up to $15,000. The City is brainstorming ways to adjust this program for
successful outcomes during a difficult housing market and ways to target households of color.
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CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c)
Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending
homelessness through:
Reaching out to homeless persons (especially unsheltered persons) and assessing their
individual needs
The City of Eden Prairie is part of the Hennepin County Consortium and when presented with someone
needing access to services to reduce or end homelessness, would refer them to our network of social
service agencies as well as Hennepin County. The accomplishments stated within this objective are
those of the Hennepin County Consortium
Hennepin County hosts robust outreach programs for the unsheltered homeless populations provided
by nonprofit organizations, including extensive specialist youth outreach connected to Sexually
Exploited Youth programming and other youth specific services. Outreach is provided at locations where
people experiencing homelessness are known to congregate in the evening, including parks, overpasses,
abandoned structures, and other places not meant for human habitation. Outreach efforts have
extended to public transit over this past year, as people experiencing homelessness have gravitated to
the new light rail system that operates all night. During the day, outreach staff focus on locations where
unsheltered individuals gather – meal programs, the downtown library, common “panhandling” streets,
and drop-in centers. Outreach programs conduct initial engagement, harm minimization, and
connection to services for people who are unsheltered. They conduct assessments and refers people
directly to housing through the Continuum of Care’s (CoC) Coordinated Entry System (CES). Hennepin
County’s Healthcare for the Homeless staff regularly accompany outreach teams to provide healthcare
directly to those unsheltered or living outdoors.
To address the disproportionate number of unsheltered Native Americans in the community, Hennepin
County worked with a Native American-specific agency to launch new culturally specific outreach and
low-barrier housing programs. First launched in 2017, there are now three housing programs offering a
total of 52 units of non-time limited supportive housing for people coming directly from the streets with
chemical dependency issues and desiring culturally specific services. Additionally, two Native agencies
have opened up overnight drop-in centers in the last year in which people can seek respite during the
evening hours and get connected to services.
Hennepin County supports two daytime Opportunity Centers, which serve as one-stop shop service
centers for single adults and youth. The Opportunity Centers are a key component to engage people into
the shelter and Coordinated Entry system and also host Healthcare for the Homeless clinics. The Youth
Opportunity Center also recently extended its hours to be open for youth throughout the night.
Eden Prairie is collaborating with Onward Eden Prairie to provide housing to youth who are homeless or
at risk of homelessness. The program offers supportive housing with supervision and case
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management to help young people get the education and job skills to lift them out of
poverty. MoveFwd, funded through the City of Eden Prairie General Fund, provides homeless teens
with safe housing. MoveFwd has launched a Host Home program in Eden Prairie that matches a
homeless teen with a volunteer family to provide a longer term safe housing environment for the teen.
Addressing the emergency shelter and transitional housing needs of homeless persons
Hennepin County is the primary funders of single adult, family, and youth-specific shelters in the
community. Soon after the first confirmed COVID-19 case in Minnesota, Hennepin County moved
hundreds of seniors and others at greatest risk of complications from COVID-19 from shelters into
protective and isolation shelter in leased hotel rooms. Hennepin was one of the first in the nation to do
so, and we attribute our lack of major COVID-19 outbreak amongst people experiencing
homelessness to this early intervention. Hennepin used our ESG-CV and CARES Act Coronavirus Relief
Funds to increase shelter case management, 24-7 capaCity, and safety protocols, to create a successful
“Hotels to Housing” team, to finance the “indoor village” and Native shelter referenced above, and to
purchase four properties to continue protective and isolation shelter past December 2020.
At present the community provides 119 family shelter rooms (with overflow provided as needed in line
with our shelter-all commitment), 785 congregate shelter beds for single adults, and 91 youth-specific
shelter beds. The Adult Shelter Connect bed reservation system and shared HMIS allow us to allocate
resources more efficiently while reducing the level of daily trauma and stress experienced by people
experiencing homelessness. In response to the increases in single adult and unsheltered homelessness
since 2019, Hennepin County has drastically increased its support of the homeless response system for
single adults. The County has funded new case management services in the larger shelter, converted
shelters to accommodate couples together, provided more systematic training, and established a new
small-scale women-only shelter in 2022. Hennepin has retained some Transitional Housing, particularly
for youth or households experiencing domestic violence, while others have been reshaped into Rapid
Rehousing opportunities in line with HUD’s overall direction on transitional housing.
The City of Eden Prairie has worked extensively with other agencies to respond to homelessness issues.
Programs through PROP and HOME Line, provide services to help with housing related issues, such as
tenant-landlord issues and emergency housing assistance. MoveFwd, funded through City of Eden
Prairie General Fund, provides youth experiencing housing instability with safe housing. Immanual
Lutheran owns a property in Eden Prairie that serves as a supportive housing program for youth seeking
stable housing. PROP provided Homeless Prevention assistance using CDBG and CDBG-CV funds. These
funds were used for rental and mortgage assistance to help low/mod income Eden Prairie residents who
were adversely affected by the coronavirus remain in their homes. Many of these families lost jobs or
were unable to work because of the coronavirus.
Helping low-income individuals and families avoid becoming homeless, especially extremely
low-income individuals and families and those who are: likely to become homeless after
being discharged from publicly funded institutions and systems of care (such as health care
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facilities, mental health facilities, foster care and other youth facilities, and corrections
programs and institutions); and, receiving assistance from public or private agencies that
address housing, health, social services, employment, education, or youth needs
Hennepin County works across Departments and with local providers and foundations to coordinate
homeless prevention programs and move homeless prevention assistance upstream to the point before
an eviction is filed in civil court. This collaboration led to the establishment in 2020 of a Tenant Resource
Center in the zip code with the highest concentration of evictions. The Tenant Resource Center offers
co-located and coordinated financial assistance, mediation, legal aid and homelessness prevention
services such as the County’s Emergency Assistance and Emergency General Assistance as well as
homeless prevention dollars from Minnesota (Family Homeless Prevention and Assistance Program).
During the pandemic, the Tenant Resource Center shifted to a phone-based resource, but the County
used CARES Act Coronavirus Relief Fund to create a ‘virtual’ web-based Tenant Resource Center at the
end of 2020. In 2020, Hennepin County allocated $16.2 million of CARES Act CRF to emergency rental
assistance, along with its first round of CDBG-CV. In 2022, Hennepin was one of the first jurisdictions to
start distributing Emergency Rental Assistance, and these funds were successfully distributed to
households at highest risk of housing instability and of COVID-19 impacts. This support, together with
the State’s emergency eviction moratorium, led to cutting the number of families using shelter in half.
Many people exiting institutions meet the definition of long-term and often also chronic homelessness,
and thus are housed through the Coordinated Entry System. The Corrections Department developed an
effort to include stable housing as part of the discharge planning from jail for those with serious
behavioral health needs, and a program to connect people with serious mental illness booked into the
pre-adjudication jail with mental health in-reach prior to release from jail. Hennepin County’s
Healthcare for the Homeless team has developed discharge specialist capaCity to work on preventing
discharges from the Hennepin County Medical Center to homelessness, and will be launching a 30-bed
recuperative care facility for people experiencing homelessness in 2023.
In 2022, Eden Prairie funded Onward Eden Prairie through its general fund to support transitional
housing for instability housed youth. Referrals from the Office of Housing and Community Services
(OHCS) to Homeline helped tenants understand rights and responsibilities in maintaining housing. OHCS
staff participated in Homeline webinars to stay abreast of changing information around tenants’ rights
and available resources. The Eden Prairie Property Manager’s Collaborative is made up of
representatives from multifamily properties in Eden Prairie. The group meets for networking,
professional development and community updates. Attendees use the meeting as a time to share
updates about their properties and ask advice about issues they are experiencing at their property. The
City consulted PROP to help with planning the best way to use CDBG funds to prevent
homelessness. Covid-19 and high inflation continued to increase the risk of homelessness for Eden
Prairie residents during 2022. The City used CDBG-CV funding to address homelessness during Covid-19
by supporting PROP through rental assistance and additional staffing costs. The City relies on PROP to
forward their data to the City so that we can prevent homelessness before it becomes a problem. The
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City understands that funding PROP is a high priority in the fight against homelessness. PROP assists
Eden Prairie residents who are in danger of becoming homeless and need housing assistance.
Helping homeless persons (especially chronically homeless individuals and families, families
with children, veterans and their families, and unaccompanied youth) make the transition to
permanent housing and independent living, including shortening the period of time that
individuals and families experience homelessness, facilitating access for homeless individuals
and families to affordable housing units, and preventing individuals and families who were
recently homeless from becoming homeless again
The Coordinated Entry System identifies people most appropriate for permanent supportive housing
and those who can benefit from rapid rehousing or transitional housing. Priority is given to veterans
who cannot be served through veteran specific resources, and then to individuals who are chronically
homeless. The family shelter system offers additional supports, and uses a case conferencing model, for
families not eligible for existing housing interventions. Hennepin County makes extensive use of by-
name lists and case conferencing to problem solve for difficult households. Using this approach, more
than 1,104 individual Veterans have been stably housed in Hennepin County since 2015, and 1,201
chronically homeless individuals were housed since June 2017 (with 96% housing stability rate).
Hennepin County works across Departments and with local providers and foundations to coordinate
homeless prevention programs and move homeless prevention assistance upstream to the point before
an eviction is filed in civil court. This collaboration led to the establishment in 2020 of a Tenant Resource
Center in the zip code with the highest concentration of evictions. The Tenant Resource Center offers
co-located and coordinated financial assistance, mediation, legal aid and homelessness prevention
services such as the County’s Emergency Assistance and Emergency General Assistance as well as
homeless prevention dollars from Minnesota (Family Homeless Prevention and Assistance Program).
During the pandemic, the Tenant Resource Center shifted to a phone-based resource, but the County
used CARES Act Coronavirus Relief Fund to create a ‘virtual’ web-based Tenant Resource Center at the
end of 2020.
Many people exiting institutions meet the definition of long-term and often also chronic homelessness,
and thus are housed through the Coordinated Entry System. The Corrections Department developed an
effort to include stable housing as part of the discharge planning from jail for those with serious
behavioral health needs, and a program to connect people with serious mental illness booked into the
pre-adjudication jail with mental health in-reach prior to release from jail. Hennepin County’s
Healthcare for the Homeless team has developed discharge specialist capaCity to work on preventing
discharges from the Hennepin County Medical Center to homelessness.
The Coordinated Entry System identifies people most appropriate for permanent supportive housing
and those who can benefit from rapid rehousing or transitional housing. Priority is given to veterans
who cannot be served through veteran specific resources, and then to individuals who are chronically
homeless. The family shelter system offers additional supports, and uses a case conferencing model, for
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families not eligible for existing housing interventions.
The City of Eden Prairie has access to these services and refers anyone needing help to the above
services and to the extent possible, follows up to ensure the proper assistance was provided.
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CR-30 - Public Housing 91.220(h); 91.320(j)
Actions taken to address the needs of public housing
There is a growing variety of housing options and choices in Eden Prairie. Although Eden Prairie does not
own or manage any public housing assets (it “grew up” after near all public housing as a federal program
was built) it does include among its approximately 25,000 single family homes a number under the
oversight of HUD and management of the Metropolitan Council’s Metro HRA. In addition, it also home
to three well-located Section 8 Project-Based complexes totally approximately 300 units. This modest
collection of traditionally subsidized units forms a core for affordability in the city while new units are
added through more localized means.
Through the city’s active use of TIF and support for Low Income Housing Tax Credits projects, the
number of subsidized multifamily units in Eden Prairie is nearly 1,000, with several hundred more are in
the pipeline. Under the city’s Inclusionary Housing Ordinance, if a project received TIF assistance from
Eden Prairie it must not only provide the mandatory 20% affordable to households at or below 50% of
AMI for 26 years but must add an additional 5% at or below 80% and hold those units affordable in
perpetuity. Low interest rates, a declining number of suitable sites, and high opportunity areas and
quality amenities caused a veritable rush of multifamily development over the past 5 or so years, with
the city actively entertaining projects brought before it. While this activity has slowed because of the
change in the cost of capital, most proposals at present are coming in at a smaller scale and wider
variety. For example, recent projects the entitlement process include modest memory care and assisted
living facilities and both for-sale and for-rent townhomes. In the case of specialty care for seniors, the
city’s inclusionary ordinance typically allows units designated for households holding a state Elderly
Waiver as satisfying its requirements. In the for-sale townhome project, the developer must designate
10% affordable to households at or below 115% of AMI or pay a steep payment-in-lieu of $150,000 per
unit.
All in all, Eden Prairie uses a “scattered site” approach to providing affordable housing, preventing the
concentration of low-income housing in any one part of the city. Although dogged by delays and cost
overruns, over the past few years, development interest is intensifying due to a combination of the
dwindling number of development sites and the intensification of uses around four light rail transit
stations the city will host on the Twin Cities’ Green Line. For example, Greco’s Company’s GTS
Multifamily project will add 425 new housing units at the Golden Triangle station, with a quarter of
them affordable. Other potential opportunities being now contemplated are the former Vikings training
facility and the outer reaches of Eden Prairie Center, both of which may prove suitable for multifamily
development.
While the dearth of public housing facilities limits efforts to address issues in them, the City stays active
in trying to preserve affordability where opportunities arise. For example, Eden Prairie was recently
approached by Columbine Townhomes, a LIHTC-financed property that also benefited from the local
CDBG program. The property was facing a backlog of repairs and repayment of the CDBG note
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threatened to make the issue worse. Property ownership and management was facing the prospect of
potentially going market rate but first approached the city to explore potential solutions. The city made
the loan forgivable but conditioned it on longer-term affordability and an annual reporting of
improvements made on the property (that must at least match the forgiven loan amount within the
period of affordability).
The city has also created a Naturally Occurring Affordable Housing (NOAH) Multifamily Action Plan that
articulates a vision for trying to preserve older, unsubsidized, private market housing before it
purchased by outside entities who often want to ‘upscale’ or ‘rebrand’ the properties leaving existing
tenants in the lurch. The NOAH Action Plan looks to combine city funding, inspections, and compliance
capabilities in conjunction with mission-oriented intervention by one of several non-profits looking for a
chance to make offer on developments that might be flipped for profit. Identifying about 18 potential
NOAH properties in the city, staff will take the Plan before the City Council in October 2023 and should it
be accepted, begin work on actively reaching out to property managers and owners.
Eden Prairie has a large Somali immigrant population, estimated to number approximately 4,000
people. While most Somali families live in apartment complexes, including the Project Based Section 8
complexes, there is a trend toward Somali ownership and rentals of single family homes.
Eden Prairie has a large number of group homes that provide supportive care for developmentally
delayed adults, aftercare treatment for teens with chemical addictions, treatment for people with
HIV/AIDS and memory care support for elderly people. There is no estimate available on the number of
abandoned buildings or their prospect for rehabilitation.
Actions taken to encourage public housing residents to become more involved in
management and participate in homeownership
The City encourages low/mod income residents to participate in homeownership by providing a First
Time Homebuyer Program that offers downpayment assistance to low/mod income first time
homebuyers. Eden Prairie requires participants of the program to attend a HUD approved Home
Stretch course or online through Framework. These programs provide the certification necessary for
applicants to be included with Eden Prairie homeownership programs.
Actions taken to provide assistance to troubled PHAs
The City of Eden Prairie does not have Public Housing. Although, the City does not have public housing,
maintaining, preserving, and adding to the City’s affordable housing stock has been a priority for the City
for many years. Through the use of CDBG funds, a housing rehabilitation program has allowed low/mod
income homeowners to stay in their homes, yet maintain the quality of the unit, many of which are
affordable. Additionally, the City administers a First Time Homebuyer Program to assist low/mod income
people with purchasing their first home. Finally, the City and developers of new housing work together
to include affordable housing in their developments and also to maintain the long-term affordability of
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these units. The City offers a Housing Improvement Area (HIA) program to assist homeowner
associations in making necessary structural improvements to keep the properties viable. HIA’s are
offered as “last resort” financing to homeowners associations who are unable to secure bank financing
to pay for the improvements. HIA’s are structured to assess the amount of the loan to the individual
homeowner’s property tax and repaid over a period of 15 years. The City uses Tax Increment Financing
(TIF) Agreements when possible as an incentive to housing developers to include affordable housing in
their developments and also to maintain the long-term affordability of these units. TIF pooled housing
funds were used to assist first time home buyers and housing rehabilitation clients whose incomes
exceeded the CDBG guidelines but were within the 100% AMI guidelines.
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CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j)
Actions taken to remove or ameliorate the negative effects of public policies that serve as
barriers to affordable housing such as land use controls, tax policies affecting land, zoning
ordinances, building codes, fees and charges, growth limitations, and policies affecting the
return on residential investment. 91.220 (j); 91.320 (i)
A set of recommendations from a 2020-21 Housing Task Force researched various housing policies and
made specific proposals to city officials on steps they might take to support the construction,
rehabilitation, and preservation of affordable housing in Eden Prairie. In addition to the Inclusionary
Ordinance and NOAH Action Plan, the city has adopted the recommendation of creating a flexible (both
in terms of what funds can be put in it and what activities it can be used for) Affordable Housing Trust
Fund, hoping to capitalize on state matching funds written in law just year. Also, with the increase in
sales tax dedicated to housing, the city expects approximately $500,000 per year in additional housing
revenue that may or may not be deployed through the fund. In any case, these actions will help close
gaps in project pro formas that are in due part to costs of local regulation. Along these lines, the city’s
Planning Division has been actively looking at it land use, parking and building codes to look for
efficiencies and streamlining when appropriate. Particularly in the city’s transit-oriented station areas
and its Major Town Center area, we look to tailor our requirements (in areas such as density waivers,
reduced parking, etc.) such that they are ideal for the populations developments will serve along with
their needs, habits and preferences. The city also looks to its municipal financial advisor, Ehlers, to
ensure profit margins on properties involving city financing are appropriate and in line with the industry
standards.
The City has an active rental licensing program that allows inspections of rental properties on a
scheduled basis and as needed in emergency situations. This program has prevented the eviction of
low-income families by forcing landlords to comply with fair housing laws and building codes. This
program has also helped to keep families and individuals in affordable, safe and decent housing. New
licensees are required to complete a Fair Housing training to receive their rental license.
The City participates in the Fair Housing Implementation Council (FHIC), a regional housing consortium
that works on region-wide fair housing strategies. This group, working with a non-profit consultant, is
set to begin strategizing around some of the impediments to fair housing that were identified in the
recently completed Analysis of Impediments (AI).
Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j)
The City is in contact with a number of non-profit agencies, which coordinate and provide assistance for
those that have underserved needs. Some of those agencies, such as PROP and Senior Community
Services, are funded with CDBG funds from the City. HCS staff participate in the Community Ed Impact
Council to stay updated on changing community needs through updates from local non-profit
organizations. The City continues to partner with the YMCA and Briarhill, the project-based Section 8
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development, to offer a year round program for youth residing in the complex. This program provides
tutoring and after school activities at no cost to Briarhill residents. This program has brought an
educational, fun program to over thirty youth who otherwise would not have been able to participate
due to financial and transportation constraints.
The City facilitated a partnership between Senior Community Services (SCS) and the Eden Prairie Fire
Department to provide additional assistance to seniors in need. These seniors are identified by
emergency response personnel during calls for assistance for things such as falls or welfare checks. SCS
provided follow up calls to offer additional services. The OHCS Somali Liaison connects vulnerable
elderly Somali residents with other families that can assist them with household chores and care for
their needs.
In summer 2022, the City launched the Eden Prairie Race Equity Action Team, made up of staff from all
six City departments to coordinate implementation of the Eden Prairie Race Equity Report and other
diversity, equity and inclusion efforts. Departments worked to include race equity goals into their
current work plans and are coordinating to create a dashboard that will be publicly available for
residents to track progress made. The staff team meets monthly to collaborate on shared initiatives,
seek input from one another and coordinate future actions.
In 2022, the Eden Prairie Police Department (EPPD) continued to partner with Hennepin County to
maintain a full time embedded social worker within the Police Department. This role is designed to
provide additional supportive services to residents and minimize law enforcement contact in instances
where social support is more appropriate. Staff connected individuals with chemical health resources
and interacted with the EPPD’s Mental Health Unit.
Housing & Community Services has Somali and Spanish speaking staff to allow residents to express the
needs of their community in their preferred language. This allows residents to participate personally
instead of requiring the use of a translator or family member. The City provides employment assistance
to job seekers with limited English skills and computer competencies. Staff assist with on-line job
applications and resume building. The OHCS Somali liaison provided unemployment and job assistance
to Eden Prairie residents who are unemployed or under employed. The liaison created East African
Eden Prairie Connection WhatsApp group for the Somali community to address community issues and
concerns and connect them to resources. Two community meeting were held. One to address youth
mental health and school concerns and another to address the needs of elderly Somali residents and
connect them to resources in the community.
The City participates in the Regional Housing Preservation Work Group. This is a group comprised by
local City staffs, housing advocacy groups, and others including the Minnesota Housing Finance
Agency and the Metropolitan Council. The group is working on strategies to promote and actively
preserve affordable housing, particularly in key areas threatened by gentrification such as communities
along the proposed Southwest Light Rail Transit (SWLRT) line.
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Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j)
Participants in the City’s Housing Rehabilitation Program who reside in a house built prior to 1978 are
required to have their home tested for lead-based paint prior to receiving a loan. The lead-based paint
testing is completed by Hennepin County. If lead hazards are found, they must be corrected and the
home must pass a clearance test before the project is considered complete. If the clearance test does
not pass, the corrections and re-testing must continue until the home does pass. This process is
completed following HUD regulations and guidelines. If lead is found in the home and children are
present, the City will work with the county to help the family apply for county grants in order to address
the lead hazards. These grants will provide for temporary housing of the family while the work is being
performed as well as paying for a portion of the lead abatement work. Once the home has passed a
clearance test, the family will be allowed to move back home. The housing stock in Eden Prairie is newer
and there are not many households that participate in the housing rehabilitation program that are built
prior to 1978.
Since 2004, Hennepin County has taken a comprehensive approach to preventing childhood lead
poisoning including community outreach and education, in-home lead education visits, lead risk
assessments, lead hazard reduction, and contractor training. To date, Hennepin County has been
awarded 12 HUD Office of Lead Hazard Control and Healthy Homes grants, totaling $40 million.
Hennepin County was awarded a 2019 leadbased paint grant for $5.6 million to run through 2023. Since
2003, the lead grant programs have completed over 5000 lead hazard reduction projects. Hennepin
County is also administering a grant award from the Centers for Disease Control that is allowing us to
increase our outreach and education especially to the most at risk populations and geographies through
mini grants to community partners who already serve and are trusted in the targeted populations and
geographies. These grants demonstrate Hennepin County's continued efforts to provide affordable and
safe housing to its residents while working toward the goal of eliminating childhood lead poisoning. The
funds may be used throughout Hennepin County. During the 2022 program year, HUD funded lead grant
programs completed 118 lead hazard reductions. A typical lead reduction project includes window
replacement, paint stabilization and lead dust cleaning. Ten members of the Hennepin County Housing
Division staff have received the proper training and are licensed risk assessors. Single Family
Rehabilitation program guidelines have been modified to incorporate requirements pertaining to the
Lead Safe Housing Rule for project planning, inspection, and monitoring. The County draws from a small
group of contractors who are qualified and able to perform the lead hazard reduction work properly.
The County's Community Works division has an ongoing relationship with the County's health
department to assist with the rehabilitation activities when an elevated blood (EBL) level is identified in
an income eligible client in a suburban community. This partnership is expanded under our CDC grant
award to offer in home risk assessment to families with children who have tested above 5 µg/dl, the
current CDC reference level.
Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j)
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The City works to reduce the number of persons living below the poverty level in several ways. First, the
City contributes 15 percent of its total annual CDBG allocation to public services. Some of these public
services, including PROP, directly work toward reducing the number of persons living below the poverty
level. Secondly, the City provides financial assistance to WHAHLT, to provide permanently affordable
owner-occupied housing. The City also provides financial assistance (outside of CDBG funds) for
community education programs that occur at Briarhill which is a site based Section 8 properties and
provide critical programming and services aimed at helping residents become more self-sufficient.
The City provides employment assistance to job seekers with limited English skills and computer
competencies. Staff assist with on-line job applications and resume building in order to help families
gain stable employment and move out of poverty.
Actions taken to develop institutional structure. 91.220(k); 91.320(j)
The City of Eden Prairie works in collaboration with local faith based initiatives and social services
programs to help newly arriving immigrants navigate the “systems” such as the school system, the park
& rec programs available, etc, to help them take full advantage of the services that are offered. This
enhanced coordination of efforts helps immigrants and people who are new to the low/mod income
status make better choices for themselves and their families.
Actions taken to enhance coordination between public and private housing and social service
agencies. 91.220(k); 91.320(j)
Housing and Community Services (HCS) is a division of the Community Development Department of the
City of Eden Prairie. Within that Divison, housing staff administer First Time Home Buyer and Housing
Land Trust programs which help low-moderate income individuals and families attain homeownership.
These staff also administer the housing rehabilitation program which makes structural and energy
enhancements and repairs to the homes of low-moderate income people.
The Community Services Coordinator position in this Division works closely with the 35 multi-family
rental properties. Eden Prairie Property Manager Collaborative meets on a regular basis and includes a
community spotlight on social services and guest speakers. Fire and Police department liaisons also
participate in meetings, OHCS staff also work with the local emergency service providers and members
of the faith community to match the needs to the resources available in the community and the region.
The City provides annual grant funding to PROP, the local emergency services provider, to help people
who are at risk of homelessness. The City works in collaboration with the PROP social worker and
managers of multi-family developments to locate and secure affordable units to house families and
individuals at risk of homelessness
Eden Prairie Fire conducts annual health and safety inspections of multifamily units throughout the
community. Fire staff manage health and safety risks that are covered by ordinance, and work
CAPER 24
OMB Control No: 2506-0117 (exp. 09/30/2021)
collaboratively with OHCS and local non profits to make referrals for issues that impact quality of living
but are not within the scope of City inspection standards.
Identify actions taken to overcome the effects of any impediments identified in the
jurisdictions analysis of impediments to fair housing choice. 91.520(a)
Homeownership perceived as unattainable by some households of color. The First Time Home Buyer
Program and the Housing Land Trust program are opportunities for households of color to overcome
financial barriers to homeownership. The City has worked with realtors and lenders who serve minority
populations to market these programs. The OHCS Somali liaison is available to assist households of
color with the first time homebuyer application process.
NIMBY-ism with regard to siting and placement of affordable housing. The City uses a “scattered-site”
housing strategy to avoid the concentration of affordable housing developments. The City requires all
developers who seek financial assistance from the City to set-aside 20% of the units as affordable, and
the units must be scattered throughout the development. The City engages residents in discussions
about potential housing developments early on in the process, through many community meetings and
social media outlets.
CAPER 25
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-40 - Monitoring 91.220 and 91.230
Describe the standards and procedures used to monitor activities carried out in furtherance
of the plan and used to ensure long-term compliance with requirements of the programs
involved, including minority business outreach and the comprehensive planning
requirements
In addition to receiving reports, the City also conducts an on-site monitoring visit of each
subrecipient. These on-site monitoring visits consist of review of files for compliance with federal
regulations, general program review with the subrecipient, and follow-up to ensure any problems found
are being resolved. In addition to on-site monitoring, the City reviews all of its active files quarterly to
verify subrecipients are expending their funds in a timely manner. On-site monitoring is completed
biannually and was completed during the spring of 2023. No concerns were found during the
monitoring or with the quarterly reports submitted by the agencies. The next on site monitoring will be
conducted during the 2023 program year.
Citizen Participation Plan 91.105(d); 91.115(d)
Describe the efforts to provide citizens with reasonable notice and an opportunity to
comment on performance reports.
Eden Prairie’s Citizen Participation Plan calls for Eden Prairie’s Annual Action Plan to be available for
thirty days for public comment. The City solicited public comments from February 10, 2022 – March 14,
2022. This thirty-day comment period was published in the Sun Sailor on February 3, 2022 and the goal
was to solicit comments from the public regarding the 2022 Annual Action Plan. For the 2022 program
year, the Eden Prairie City Council held a public hearing on March 1, 2022, and allowed the public to
comment on the proposed activities. Notice of the public hearing was published on February 3, 2022, in
the Sun Sailor. Representatives from PROP, Senior Community Services and WHAHLT addressed the City
Council during the Public Hearing to express their gratitude for past funding and to answer any
questions the Council members may have. No citizens participated in the public hearing. The plan was
made available on the City’s website and a copy of the plan was available for review at Eden Prairie City
Center and Eden Prairie Library. No questions or comments were received during the thirty-day
comment period.
The Eden Prairie city council adopted an amended Citizen Participation Plan on March 7, 2023. The City
determined their Citizen Participation Plan, which followed Hennepin County’s plan, did not meet
resident’s needs due to the lower CDBG allocation amount compared to Hennepin County. Adopting
the updated plan allows Eden Prairie greater flexibility with making changes to its current CDBG
program as it deems necessary to assist low-mod income residents. This change constituted a minor
amendment as it alters the Citizen Participation Plan that was Appendix B to the 2020-2024
Consolidated Plan.
CAPER 26
OMB Control No: 2506-0117 (exp. 09/30/2021)
The City of Eden Prairie’s citizen participation process includes an RFP process that allows non-profit
agencies to apply for CDBG funding. Through this process, the City engages with social service providers,
the faith community and school district staff to learn about the needs in the community and how to best
allocate public service funds in the most effective manner. The City’s Human Rights & Diversity
Commission is encouraged to help spread the word about the potential funding source to non-profit
service providers.
Notice of the public hearing for the CAPER was published on August 10, 2023 in the Sun Sailor. Copies of
the draft CAPER were available on Eden Prairie’s website, https://www.edenprairie.org/CAPER,
from August 17-September 1, 2023. Translation of the CAPER was/is available upon request. The Eden
Prairie City council held a public hearing on September 5, 2023 to solicit public comments on the
CAPER. No comments were received regarding Eden Prairie’s CAPER. After the City’s public hearing,
Hennepin County held a 15 day public comment period for the Consortium’s 2022 CAPER from
September 12, 2023-September 26, 2023. The county’s public hearing was held on September 20, 2023
and no comments were received regarding Eden Prairie’s portion of the CAPER. Action Plans and CAPER
reports are available to the public on the website or upon request.
CR-45 - CDBG 91.520(c)
Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives
and indications of how the jurisdiction would change its programs as a result of its
experiences.
The City of Eden Prairie continues to utilize its CDBG funds in a variety of ways to create and maintain
affordable housing. The City believes that the variety of activities it offers is well balanced and serves
the needs of the community. Our goals are to allow people the opportunity to remain in their
homes. The Rehabilitation Loan Program, H.O.M.E. program, and PROP Homeless Prevention Program
met this goal.
Eden Prairie continued to allocate CDBG-CV funds to prevent, prepare for and respond to the
coronavirus through emergency assistance programs administered by Eden Prairie non-profits that serve
low/mod income Eden Prairie residents. The City supports programs and organizations that provide
assistance to low/mod income Eden Prairie residents adversely affected by the coronavirus.
Currently, the City has no plans to significantly change the activities it offers and believes our goals are
on target as to the number of people served by each activity. The City has been persistent in using CDBG
and local funds to the maximum capaCity.
Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI)
grants?
No
CAPER 27
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-58 – Section 3
Identify the number of individuals assisted and the types of assistance provided
Total Labor Hours CDBG HOME ESG HOPWA HTF
Total Number of Activities 0 0 0 0 0
Total Labor Hours 0
Total Section 3 Worker Hours 0
Total Targeted Section 3 Worker Hours 0
Table 8 – Total Labor Hours
Qualitative Efforts - Number of Activities by Program CDBG HOME ESG HOPWA HTF
Outreach efforts to generate job applicants who are Public Housing
Targeted Workers 0
Outreach efforts to generate job applicants who are Other Funding
Targeted Workers. 0
Direct, on-the job training (including apprenticeships). 0
Indirect training such as arranging for, contracting for, or paying tuition
for, off-site training. 0
Technical assistance to help Section 3 workers compete for jobs (e.g.,
resume assistance, coaching). 0
Outreach efforts to identify and secure bids from Section 3 business
concerns. 0
Technical assistance to help Section 3 business concerns understand
and bid on contracts. 0
Division of contracts into smaller jobs to facilitate participation by
Section 3 business concerns. 0
Provided or connected residents with assistance in seeking employment
including: drafting resumes,preparing for interviews, finding job
opportunities, connecting residents to job placement services. 0
Held one or more job fairs. 0
Provided or connected residents with supportive services that can
provide direct services or referrals. 0
Provided or connected residents with supportive services that provide
one or more of the following: work readiness health screenings,
interview clothing, uniforms, test fees, transportation. 0
Assisted residents with finding child care. 0
Assisted residents to apply for, or attend community college or a four
year educational institution. 0
Assisted residents to apply for, or attend vocational/technical training. 0
Assisted residents to obtain financial literacy training and/or coaching. 0
Bonding assistance, guaranties, or other efforts to support viable bids
from Section 3 business concerns. 0
Provided or connected residents with training on computer use or online
technologies. 0
Promoting the use of a business registry designed to create
opportunities for disadvantaged and small businesses. 0
Outreach, engagement, or referrals with the state one-stop system, as
designed in Section 121(e)(2) of the Workforce Innovation and
Opportunity Act. 0
Other. 0
Table 9 – Qualitative Efforts - Number of Activities by Program
CAPER 28
OMB Control No: 2506-0117 (exp. 09/30/2021)
Narrative
Eden Prairie does not have CDBG funded projects that trigger section 3 requirements.
CITY COUNCIL AGENDA
SECTION: Payment of Claims
DATE:
September 05, 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 302585 - 303116
Wire Transfers 1034127 - 1034271 Wire Transfers 9777 - 9820
City of Eden Prairie
Council Check Summary
9/5/2023
Division Amount Division Amount
000 General 0 601 Prairie Village Liquor 143,221
100 City Manager 82,198 602 Den Road Liquor 282,646
101 Legislative 11,327 603 Prairie View Liquor 168,479
102 Legal Counsel 34,133 605 Den Road Building 7,414
110 City Clerk 436 701 Water Enterprise Fund 1,132,137
111 Customer Service 7,031 702 Wastewater Enterprise Fund 417,401
112 Human Resources 33 703 Stormwater Enterprise Fund 74,692
113 Communications 7,466 Total Enterprise Fund 2,225,989
114 Benefits & Training 7,160
130 Assessing 2,247 802 494 Commuter Services 61,074
131 Finance 4,050 806 SAC Agency Fund 17,395
132 Housing and Community Services 130 807 Benefits Fund 663,065
133 Planning 624 809 Investment Fund 5,311
136 Public Safety Communications 16,881 810 Workers Comp Insurance 400,227
150 Park Administration 810 811 Property Insurance 175,027
151 Park Maintenance 86,141 812 Fleet Internal Service 238,480
154 Community Center 7,696 813 IT Internal Service 157,868
155 Beaches 290 814 Facilities Capital ISF 24,241
156 Youth Programs 19,397 815 Facilites Operating ISF 15,032
157 Special Events 6,635 816 Facilites City Center ISF 117,924
158 Senior Center 80 817 Facilites Comm. Center ISF 128,717
159 Recreation Administration 2,947 818 Dental Insurance 21,191
162 Arts 15,652 Total Internal Svc/Agency Funds 2,025,552
163 Outdoor Center 490
180 Police Sworn 38,309 Report Total 6,674,469
182 Police Civilian 933
184 Fire 24,671
186 Inspections 1,154
200 Engineering 16,805
201 Street Maintenance 1,437,672
202 Street Lighting 552
Total General Fund 1,833,949
301 CDBG 20,503
303 Cemetary Operation 4,237
Total Special Revenue Fund 24,740
308 E-911 289
315 Economic Development 10,466
502 Park Development 31,509
509 CIP Fund 475,239
513 CIP Pavement Management 3,832
522 Improvement Projects 2006 4,159
526 Transportation Fund 10,140
528 Shady Oak Rd-CR 61 North 1,578
539 2020 Improvement Projects 18,906
540 Duck Lake Rd. Reconstruction 2,743
541 DELL RD (CRESTWOOD TO CSAH 412
542 Willow Creek Street/Utilities 3,218
804 100 Year History 1,751
Total Capital Projects Fund 564,239
City of Eden PrairieCouncil Check Register by GL
9/5/2023
Check #Amount Supplier / Explanation Account Description Business Unit Comments3026601,186,146 BITUMINOUS ROADWAYS INC Asphalt Overlay Street Maintenance 2023 Pavement Rehab Project
302705 574,544 LEAGUE MN CITIES INS TRUST WC Insurance Workers Comp Insurance Workers Comp and P/C premiums
302716 371,569 METROPOLITAN COUNCIL MCES User Fee Wasterwater Collection Wastewater Svc Fee Sept 2023
302729 342,309 PARKOS CONSTRUCTION COMPANY Building Repair & Maint.Capital Maint. & Reinvestment Round Lake Park Building Project
9780 330,447 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR Ending 08.11.23
9778 218,920 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 07.28.23
1034271 213,044 XCEL ENERGY Electric Fleet Operating Multi location electric
302875 170,900 KEYS WELL DRILLING COMPANY Improvement Contracts Water Capital Well 13 and 14 Pipe
303005 162,687 AMERICAN LIBERTY CONSTRUCTION, INC Improvement Contracts Water Capital Well 17 construction
9809 143,572 MINNESOTA DEPT OF REVENUE Sales Tax Various Funds Sales Tax July 2023
1034159 127,347 LOGIS LOGIS IT Operating Network Support Project May-July 2023
302928 108,677 FORD OF HIBBING Autos Fleet - Public Works Facilities replacement vehicles
1034208 105,790 REPUBLIC SERVICES #894 Other Contracted Services Street Maintenance EP Cleanup 2023
302837 95,805 BS&A SOFTWARE Software Capital Maint. & Reinvestment
302726 83,995 NORTHWEST ASPHALT MAINTENANCE Crack Filling Street Maintenance
302700 81,553 HYDROCORP Improvement Contracts Water Capital
303050 59,462 HULS BROS TRUCKING INC Lime Residual Removal Water Treatment
302715 54,760 METERING & TECHNOLOGY SOLUTIONS Capital Under $25,000 Water Enterprise Fund
1034162 54,738 MINNESOTA ROADWAYS CO Other Contracted Services Capital Maint. & Reinvestment
1034166 49,976 RICE LAKE CONSTRUCTION GROUP Improvement Contracts Water Capital
303065 47,227 MINNESOTA DEPT OF HEALTH Licenses, Taxes, Fees Utility Operations - General
303051 46,434 HYDROCORP Improvement Contracts Water Capital
1034203 42,449 LOGIS LOGIS IT Operating
1034265 37,835 SRF CONSULTING GROUP INC Design & Engineering Shady Oak Rd-CR 61 North
1034249 35,865 GREGERSON ROSOW JOHNSON & NILAN LTD Legal Legal Criminal Prosecution
303033 35,124 DODGE OF BURNSVILLE Equipment Repair & Maint Fleet Operating
9782 33,587 EMPOWER Deferred Compensation Health and Benefits
302691 33,197 GRAYMONT Treatment Chemicals Water Treatment
302862 33,197 GRAYMONT Treatment Chemicals Water Treatment
302672 31,562 CORE & MAIN Repair & Maint. Supplies Water Distribution
302734 30,238 RAM GENERAL CONTRACTING Other Contracted Services Park Acquisition & Development
1034243 26,722 DIVERSE BUILDING MAINTENANCE Janitor Service Various Funds
303040 26,206 GRAYMONT Treatment Chemicals Water Treatment
302740 24,241 SEBCO INC Other Contracted Services Facilities Capital
302690 23,144 GOODPOINT TECHNOLOGY INC Other Contracted Services Park Maintenance
302789 22,743 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store
303068 22,500 MISTER CAR WASH Deposits General Fund
302628 21,184 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store
303113 20,464 WEST BAY HOMES Deposits General Fund
302810 19,783 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store
303037 19,187 EXCEL LAWN & LANDSCAPE Contract Svcs - Lawn Maint.Various Funds
9781 18,350 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits
302731 18,150 PREMIER LAKE HARVESTING LLC Other Contracted Services Stormwater Non-Capital
302621 17,921 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store
302652 17,862 ABM ONSITE SERVICES-MIDWEST Janitor Service City Hall (City Cost)
302881 17,328 LUBE-TECH ESI Capital Under $25,000 Fleet Operating
302717 17,221 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund
302924 17,189 WATERFRONT RESTORATION LLC Other Contracted Services Stormwater Non-Capital
1034261 17,032 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical Water Treatment
Check #Amount Supplier / Explanation Account Description Business Unit Comments30266616,797 CENTER FOR ENERGY AND ENVIRONMENT Rebates Sustainable Eden Prairie
302962 16,332 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store
303083 16,187 PRAIRIEVIEW RETAIL LLC Other Contracted Services Prairie View Liquor Store
302882 16,023 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating
9785 15,894 WEX HSA - Employee Health and Benefits
9813 15,894 WEX HSA - Employee Health and Benefits
302613 15,662 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store
303078 15,481 PALADIN TECHNOLOGIES Equipment Repair & Maint Public Safety Communications
1034197 15,456 CENTERPOINT ENERGY Gas Various Funds
1034168 14,994 STREICHERS Clothing & Uniforms Police Sworn
302863 14,940 H & L MESABI Equipment Parts Fleet Operating
1034257 14,103 MINNESOTA ROADWAYS CO Contract Svcs - Asphalt/Concr.City Center - CAM
1034251 13,920 HAWKINS INC Treatment Chemicals Water Treatment
9777 13,516 I-494 CORRIDOR COMMISSION Wages and Benefits 494 Corridor Commission
9811 13,233 I-494 CORRIDOR COMMISSION Wages and Benefits 494 Corridor Commission
303042 13,157 GRI EDEN PRAIRIE, LLC Other Contracted Services Prairie Village Liquor Store
1034146 13,155 SUMMIT COMPANIES Contract Svcs - Fire/Life/Safe Various Funds
303098 12,911 SUNLIFE ASSURANCE Deposits General Fund
302674 12,577 CRANE ENGINEERING INC Repair & Maint. Supplies Water Treatment
1034140 12,464 KRISS PREMIUM PRODUCTS INC Supplies - HVAC City Center - CAM
302680 12,221 DUNSMORE ASPHALT INC Asphalt Overlay Water Distribution
302615 11,865 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store
1034183 11,566 BRAUN INTERTEC CORPORATION Testing Stormwater Capital
1034155 11,450 HAWKINS INC Treatment Chemicals Water Treatment
302743 11,327 SOUTHWEST SUBURBAN CABLE COMMISSION Dues & Subscriptions City Council
302732 11,270 PRO TREE OUTDOOR SERVICES Other Contracted Services Tree Removal
1034242 10,808 BIFFS INC Waste Disposal Park Maintenance
302879 10,796 LANO EQUIPMENT INC Equipment Parts Street Maintenance
303027 10,754 DG MINNESOTA CS 2021 LLC Electric Facilities Operating ISF
1034201 10,626 HORIZON COMMERCIAL POOL SUPPLY Supplies - Pool Pool Maintenance
302722 10,271 MINNESOTA LIFE INSURANCE COMPANY Life Insurance EE/ER Health and Benefits
302910 10,136 SSI KEF SLB LLC Electric City Center - CAM
302757 9,845 VERIZON WIRELESS Other Contracted Services IT Operating
302746 9,795 STANTEC CONSULTING SERVICES INC Design & Engineering Stormwater Non-Capital
302645 9,708 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store
302797 9,653 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store
302642 9,632 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store
9808 9,530 U.S. BANK - I-494 PURCH. CARD Corridor Comm. Misc 494 Corridor Commission
302968 9,255 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store
303087 9,220 RAY N WELTER HEATING Other Contracted Services Rehab
303095 9,202 SOCCER SHOTS Instructor Service Preschool Events
302595 8,714 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store
303034 8,675 DUNSMORE ASPHALT INC Gravel Street Maintenance
302944 8,180 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store
1034239 8,148 YOUNGSTEDTS COLLISION CENTER Equipment Repair & Maint Fleet Operating
302964 8,136 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store
302663 8,075 BRYAN ROCK PRODUCTS INC Landscape Materials/Supp Water Distribution
303048 8,063 HINTERLAND CSG LLC Electric Facilities Operating ISF
9814 8,018 HEALTHPARTNERS Dental Insurance Dental Insurance
303045 7,978 HAMMER COMMUNITY SOLAR LLC Electric Facilities Operating ISF
302625 7,613 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store
302709 7,605 MACQUEEN EQUIPMENT INC Protective Clothing Fire
302638 7,481 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments3027907,433 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store
302721 7,280 MINNESOTA EXTERIORS COMMERCIAL Other Contracted Services Rehab
302975 7,136 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store
302908 7,006 SOCCER SHOTS Instructor Service Preschool Events
9795 6,839 HEALTHPARTNERS Dental Insurance Dental Insurance
303094 6,797 SOBANIA COMMUNITY SOLAR Electric Facilities Operating ISF
303061 6,754 MARTIN MARIETTA MATERIALS Asphalt Overlay Street Maintenance
1034148 6,725 YOUNGSTEDTS COLLISION CENTER Equipment Repair & Maint Fleet Operating
302912 6,674 SSI KEF SLB LLC Electric Water Treatment
1034252 6,648 LOGIS Other Contracted Services Various Funds
302791 6,610 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store
302738 6,500 RIGHTLINE DESIGN LLC Other Contracted Services Communications
9783 6,333 HEALTHPARTNERS Dental Insurance Dental Insurance
302768 6,300 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store
302604 6,277 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store
1034212 6,183 WM MUELLER AND SONS INC Landscape Materials/Supp Street Maintenance
1034145 6,161 SITEONE LANDSCAPE SUPPLY, LLC Repair & Maint. Supplies Round Lake
302914 5,973 STATE OF MINNESOTA Autos Capital Maint. & Reinvestment
302662 5,961 BOLTON & MENK INC Design & Engineering Duck Lake Rd. Reconstruction
302803 5,888 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store
302818 5,851 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store
302614 5,807 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store
1034161 5,555 METRO SALES INCORPORATED*Copier/Printer/Fax IT Operating
1034202 5,512 JASPER ENGINEERING & EQUIPMENT COMPANY Repair & Maint. Supplies Water Treatment
302936 5,505 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store
302905 5,498 SAMBATEK INC Improvement Contracts Water Capital
302898 5,311 PFM ASSET MANAGEMENT LLC Interest Investment Fund
1034207 5,310 PIONEER MANUFACTURING COMPANY Operating Supplies Park Maintenance
303090 5,160 SAMBATEK INC Design & Engineering Wastewater Capital
302704 5,145 LEADSONLINE LLC Other Contracted Services Police Sworn
303039 5,068 FIRE SAFETY USA INC Equipment Repair & Maint Fleet Operating
302992 5,017 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store
302926 5,003 WM CORPORATE SERVICES INC Waste Disposal Various Funds
302963 4,994 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store
302985 4,950 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store
302822 4,935 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store
302812 4,824 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store
303064 4,767 MINNESOTA / WISCONSIN PLAYGROUND Operating Supplies Park Maintenance
1034200 4,673 HAWKINS INC Treatment Chemicals Water Treatment
302777 4,672 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store
302838 4,654 BUHL SUPERIOR INC Reimburse-legal notices General Fund
302601 4,594 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store
302644 4,564 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store
302834 4,540 AVR INC Machinery & Equipment Stormwater Collection
302710 4,515 MADISON NATIONAL LIFE INSURANCE CO INC Disability Ins Employers Health and Benefits
302695 4,468 HEALTHPARTNERS Wages and Benefits 494 Corridor Commission
302971 4,377 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store
302657 4,325 AVR INC Asphalt Overlay Street Maintenance
303069 4,245 MODERN OFFICE Capital Under $25,000 FF&E - Furn, Fixtures & Equip.
302871 4,215 HYDROCORP Improvement Contracts Water Capital
303016 4,210 BRYAN ROCK PRODUCTS INC Gravel Capital Maint. & Reinvestment
1034222 4,193 AMERICAN ENGINEERING TESTING INC Improvement Contracts Water Capital
302703 4,185 LAW ENFORCEMENT LABOR SERVICES INC.Union Dues Withheld Health and Benefits
Check #Amount Supplier / Explanation Account Description Business Unit Comments3029514,169 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store
1034135 4,159 AMERICAN ENGINEERING TESTING INC Testing Improvement Projects 2006
303074 3,965 NORTHDALE CONSTRUCTION CO INC Fire Hydrant Permits Water Enterprise Fund
302896 3,825 PDQ.COM Software Maintenance IT Operating
302714 3,800 MESSERLI & KRAMER Messerli & Kramer 494 Corridor Commission
302916 3,734 STATE OF MINNESOTA Autos Fleet - Gen Gov't
302737 3,724 RICHFIELD PRINTING INC Office Supplies Customer Service
1034211 3,711 W W GOETSCH ASSOCIATES INC Supplies - Pool Pool Maintenance
302792 3,610 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store
302921 3,600 UGAAP LLC Software Finance
302922 3,559 VAN PAPER COMPANY Cleaning Supplies Various Funds
302785 3,551 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store
302588 3,516 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store
1034250 3,499 H M CRAGG CO Contract Svcs - Electrical General Community Center
303108 3,492 VAN PAPER COMPANY Cleaning Supplies Various Funds
302915 3,434 STATE OF MINNESOTA Autos Fleet - Public Works
1034238 3,425 WSB & ASSOCIATES INC Design & Engineering Park Acquisition & Development
1034246 3,403 GENUINE PARTS COMPANY Equipment Parts Fleet Operating
303018 3,381 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Street Maintenance
302693 3,297 H2I GROUP Contract Svcs - General Bldg Fitness/Conference - Cmty Ctr
302987 3,291 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store
302839 3,250 BULLSEYE MEDIA Other Contracted Services Police Sworn
302970 3,092 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store
302609 3,081 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store
1034270 3,071 WM MUELLER AND SONS INC Asphalt Overlay Street Maintenance
302852 3,053 EHLERS & ASSOCIATES INC Deposits TIF-Trail Point Ridge
302890 3,012 MIRACLE RECREATION EQUIPMENT CO Repair & Maint. Supplies Homeward Hills Park
302763 3,000 PITNEY BOWES BANK INC RESERVE ACCOUNT Postage Customer Service
303115 2,961 XIGENT SOLUTIONS LLC Hardware - R&M IT Capital
302998 2,953 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store
302807 2,950 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
302901 2,931 PRESCRIPTION LANDSCAPE Repair & Maint. Supplies Stormwater Capital
302770 2,830 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
303013 2,820 BLOOMINGTON, CITY OF Other Contracted Services Police Sworn
302796 2,782 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store
303017 2,768 CATALYST GRAPHICS INC Printing Community Brochure
302736 2,750 RICHFIELD BLACKTOP & CONCRETE Accounts Receivable TIF-Eden Shores Senior Housing
302748 2,734 STATE OF MINNESOTA Autos Fleet - Park & Rec
302637 2,688 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store
9789 2,679 INVOICE CLOUD INC Bank and Service Charges Various Funds
1034241 2,676 BARR ENGINEERING COMPANY OCS - Monitoring Stormwater Non-Capital
303085 2,656 PRESCRIPTION LANDSCAPE Landscape Materials/Supp Street Maintenance
302742 2,640 SIR LINES-A-LOT Other Contracted Services Park Maintenance
303058 2,632 MACQUEEN EQUIPMENT INC Equipment Repair & Maint Fleet Operating
302911 2,533 SSI KEF SLB LLC Electric Maintenance Facility
303000 2,527 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
302925 2,500 WATSON BECKY Accounts Receivable TIF-Eden Shores Senior Housing
303054 2,494 LAKE COUNTRY DOOR LLC Contract Svcs - General Bldg Fire Station #3
302765 2,458 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store
302902 2,449 PROP Other Contracted Services CDBG - Public Service
302775 2,441 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store
302783 2,439 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store
1034169 2,421 TEE JAY NORTH INC Contract Svcs - General Bldg Prairie Village Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments10341372,408 BRAUN INTERTEC CORPORATION Other Contracted Services Capital Maint. & Reinvestment
302811 2,350 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store
302590 2,312 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
302883 2,285 MARTIN MARIETTA MATERIALS Asphalt Overlay Street Maintenance
302995 2,281 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store
302986 2,259 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store
303008 2,205 AVOLVE SOFTWARE Software IT Operating
302619 2,199 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store
302801 2,168 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store
302752 2,142 THE ADVENT GROUP Temp 494 Corridor Commission
302851 2,138 EDINA, CITY OF Fire Prev Supp-Pub Ed/PR Communications
303062 2,125 MARTIN-MCALLISTER Employment Support Test Organizational Services
303011 2,115 BECKER ARENA PRODUCTS INC Repair & Maint - Ice Rink Ice Arena Maintenance
1034248 2,094 GRAINGER Repair & Maint. Supplies City Center - CAM
302658 2,083 AXON ENTERPRISE INC Training Supplies Police Sworn
302918 2,029 THE ADVENT GROUP Temp 494 Corridor Commission
303100 2,029 THE ADVENT GROUP Temp 494 Corridor Commission
302719 2,000 MIDWEST FENCE & MFG COMPANY Contract Svcs - General Bldg Den Bldg. - CAM
302815 1,989 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
302897 1,976 PERA Wages and Benefits 494 Corridor Commission
302959 1,966 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store
302933 1,950 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store
303079 1,936 PERA Wages and Benefits 494 Corridor Commission
302831 1,935 ARVIG Fiber Lease Payments IT Operating
302656 1,917 ASPEN MILLS Clothing & Uniforms Fire
1034143 1,914 OUTDOOR ENVIRONMENTS INC Other Contracted Services Eden Prairie Cemetery
302948 1,907 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store
302826 1,898 ADVANTAGE PROPERTY MAINTENANCE INC Other Contracted Services Park Maintenance
302725 1,893 NORTHSTAR CONCRETE Contract Svcs - Ice Rink Ice Arena Maintenance
302648 1,889 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
1034151 1,881 CENTERPOINT ENERGY Gas Various Funds
9784 1,875 WEX HSA - Employer Health and Benefits
302688 1,807 FIRE SAFETY USA INC Operating Supplies Fire
302589 1,798 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store
302845 1,785 COMPAS Other Contracted Services Staring Lake Concert
1034231 1,760 KRISS PREMIUM PRODUCTS INC Repair & Maint - Ice Rink Ice Arena Maintenance
302735 1,750 RES SPECIALTY PYROTECHNICS INC Other Contracted Services July 4th Celebration
302982 1,715 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
302686 1,710 FCX PERFORMANCE INC Repair & Maint. Supplies Water Treatment
302730 1,706 PETERSON COUNSELING AND CONSULTING Health & Fitness Fire
302938 1,674 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
9818 1,672 WEX FSA - Dependent Care Health and Benefits
302991 1,666 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
302954 1,665 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store
302634 1,661 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
302854 1,649 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Equipment Parts Fleet Operating
302865 1,639 HANSON SPORTS LLC Instructor Service Camps
1034228 1,632 FASTENAL COMPANY Safety Supplies Fleet Operating
302758 1,612 VERTIV SERVICES INC Hardware - R&M IT Operating
302706 1,595 LEAST SERVICES COUNSELING Other Contracted Services Police Sworn
302978 1,592 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store
302769 1,583 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store
302967 1,554 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments3030521,536 JOHN HENRY FOSTER MINNESOTA INC Maintenance Contracts Maintenance Facility
1034213 1,524 XCEL ENERGY Electric Various Funds
1034232 1,524 LYNDALE PLANT SERVICES Contract Svcs - Int. Landscape City Center - CAM
9791 1,523 WEX FSA - Dependent Care Health and Benefits
303102 1,500 TOTAL MECHANICAL SERVICES Contract Svcs - HVAC Pool Maintenance
302696 1,491 HEALTHPARTNERS OCCUPATIONAL MEDICINE Employment Support Test Organizational Services
302828 1,486 ALEX AIR APPARATUS INC Equipment Testing/Cert.Fire
9786 1,475 AMERICAN EXPRESS Bank and Service Charges Various Funds
302698 1,463 HIGHWAY 5 BP Operating Supplies Police Sworn
9800 1,461 WEX FSA - Dependent Care Health and Benefits
1034131 1,433 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store
303044 1,430 GYM WORKS Equipment Repair & Maint Fitness Classes
1034189 1,408 GLYNN JULIETTE Tuition Reimbursement/School Organizational Services
302761 1,390 YORKTOWN OFFICES Rent 494 Corridor Commission
303116 1,390 YORKTOWN OFFICES Rent 494 Corridor Commission
302955 1,380 WINEBOW Liquor Product Received Prairie Village Liquor Store
302632 1,372 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store
303084 1,350 PRECISE MRM LLC Other Contracted Services Snow & Ice Control
303107 1,332 US STANDARD PRODUCTS CORP Safety Supplies Utility Operations - General
1034229 1,322 GOPHER STATE ONE-CALL OCS - Utility Locates Water Distribution
302586 1,316 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store
302994 1,310 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store
302782 1,305 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store
302937 1,296 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store
302640 1,285 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
303059 1,276 MAPLEWOOD DEVELOPMENT & CONSTRUCTION AR Utility Water Enterprise Fund
302756 1,272 VAN PAPER COMPANY Cleaning Supplies Various Funds
1034218 1,268 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store
302593 1,262 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store
303099 1,258 SYSCO WESTERN MINNESOTA Merchandise for Resale Outreach
303046 1,254 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police Sworn
1034170 1,232 WM MUELLER AND SONS INC Patching Asphalt Street Maintenance
303003 1,223 A TO Z RENTAL CENTER Other Rentals Park Maintenance
303032 1,205 DIVERSIFIED PLUMBING AND HEATING INC Accounts Receivable TIF-Eden Shores Senior Housing
302607 1,201 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store
302853 1,200 ELVECROG EUGENE Cemetery Lot Maint. 20%Pleasant Hill Cemetery
1034254 1,173 MENARDS Repair & Maint. Supplies Park Maintenance
1034180 1,171 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store
302942 1,157 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store
302861 1,152 GALLAGHERS INC Asphalt Overlay Street Maintenance
302869 1,150 HAYO, SHAI Other Contracted Services Staring Lake Concert
303093 1,140 SECURE BY DESIGN INC Software Maintenance IT Operating
302661 1,109 BLUEPEARL VETERINARY Canine Supplies Police Sworn
302744 1,106 SPORTS UNLIMITED Instructor Service Tennis
303110 1,100 VWR INTERNATIONAL INC Lab Supplies Water Treatment
303104 1,089 TWIN CITIES DOTS AND POP LLC Merchandise for Resale Concessions
303035 1,075 ECHOES OF ELVIS Other Contracted Services Staring Lake Concert
302947 1,067 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store
302711 1,042 MARCO INC Hardware - R&M IT Operating
302900 1,039 POLLARD WATER Repair & Maint. Supplies Utility Operations - General
303041 1,037 GREAT LAKES COCA-COLA DISTRIBUTION Merchandise for Resale Concessions
302969 1,033 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store
302795 1,031 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments3026831,000 ECUADOR MANTA Other Contracted Services Staring Lake Concert
302750 1,000 TAIKO ARTS MIDWEST Other Contracted Services PeopleFest
302668 988 CINTAS CORPORATION Safety Supplies Community Center Admin
9810 985 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating
302904 975 READY WATT ELECTRIC Other Contracted Services Emergency Management
302832 959 ASPEN MILLS Clothing & Uniforms Police Sworn
1034240 942 BACHMANS CREDIT DEPT Landscape Materials/Supp Park Maintenance
303082 940 PRAIRIE RESTORATIONS INC Other Contracted Services Stormwater Non-Capital
302907 933 SMASHBURGER Beer/Wine Licenses Police Civilian
9820 915 WEX Other Contracted Services Health and Benefits
302694 900 HARD DAY'S NIGHT Other Contracted Services Staring Lake Concert
302724 900 NATIVE PRIDE PRODUCTIONS Other Contracted Services PeopleFest
302929 900 HARD DAY'S NIGHT Other Contracted Services Staring Lake Concert
1034165 882 PETERSON BROS ROOFING AND CONSTRUCTION I Contract Svcs - Roof City Center - CAM
9801 880 WEX FSA - Medical Health and Benefits
302903 869 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits
302953 866 SUMMER LAKES BEVERAGE LLC Liquor Product Received Prairie Village Liquor Store
302941 863 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Prairie Village Liquor Store
1034160 858 MENARDS Repair & Maint. Supplies Park Maintenance
303047 852 HENNEPIN COUNTY I/T DEPT Equipment Repair & Maint Public Safety Communications
303114 851 WORTHINGTON MATT Tuition Reimbursement/School Organizational Services
302679 850 DUNIYA DRUM AND DANCE Other Contracted Services PeopleFest
302651 845 3CMA Dues & Subscriptions Communications
1034259 839 NORTH CENTRAL LABORATORIES Laboratory Chemicals Water Treatment
302707 833 LEXISNEXIS RISK SOLUTIONS FL INC Other Contracted Services Police Sworn
302857 830 FASTSIGNS Signs Traffic Signs
1034138 825 CLAREY'S SAFETY EQUIPMENT Operating Supplies Fire
9779 825 ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits
303071 810 MRPA Conference/Training Parks Administration
1034156 809 INTERSTATE POWER SYSTEMS INC Equipment Repair & Maint Water Supply (Wells)
303004 806 AIRGAS USA LLC EMS Supplies-Oxygen Supplies Fire
302836 800 BLUE GROOVE BLUE GRASS BAND Other Contracted Services Staring Lake Concert
303009 800 AVR INC Building Materials Park Maintenance
303060 800 MARONEY SHANNON Other Contracted Services Staring Lake Concert
303097 800 SUN BABY PUBLISHING Other Contracted Services Staring Lake Concert
1034132 792 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store
1034224 772 CLAREY'S SAFETY EQUIPMENT Safety Supplies Utility Operations - General
1034230 768 HACH COMPANY Laboratory Chemicals Water Treatment
303049 765 HLS OUTDOOR Chemicals Park Maintenance
302653 756 ADVANTAGE PROPERTY MAINTENANCE INC Asphalt Overlay Street Maintenance
1034258 756 MTI DISTRIBUTING INC Small Tools Fleet Operating
302799 752 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store
302718 750 MEXICO AZTECA INC Other Contracted Services PeopleFest
302624 740 PEQUOD DISTRIBUTION Liquor Product Received Den Road Liquor Store
1034154 737 GRAINGER Repair & Maint. Supplies Police (City Cost)
303053 735 JW PEPPER & SON INC Operating Supplies Community Band
1034206 731 MTI DISTRIBUTING INC Equipment Parts Fleet Operating
303088 718 SAFELITE FULFILLMENT INC Equipment Repair & Maint Fleet Operating
302990 714 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Prairie View Liquor Store
303055 710 LEAGUE MN CITIES INS TRUST Insurance Property Insurance
302919 700 TRAFFIC CONTROL CORPORATION Design & Engineering 2020 Improvement Projects
302829 700 AMERICAN PRESSURE INC Repair & Maint. Supplies Utility Operations - General
303057 699 LINE X COATINGS Autos Fleet - Park & Rec
Check #Amount Supplier / Explanation Account Description Business Unit Comments302835687BERKBIGLER, BEVERLY Fire Prevention Supplies Fire
302664 675 CANVAS CRAFT INC Repair & Maint. Supplies Park Maintenance
303086 672 PRINCIPAL FINANCIAL GROUP Wages and Benefits 494 Corridor Commission
302616 662 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store
302950 653 SMALL LOT MN Liquor Product Received Prairie Village Liquor Store
302754 650 TONKA SEAMLESS GUTTERS Other Contracted Services Rehab
302989 650 DANGEROUS MAN BREWING CO LLC Liquor Product Received Prairie View Liquor Store
303026 650 D H EXCAVATING Other Contracted Services Eden Prairie Cemetery
303056 650 LEHTO & WRIGHT Other Contracted Services Staring Lake Concert
302623 649 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store
1034245 647 FACTORY MOTOR PARTS COMPANY Motor Fuels Fleet Operating
302870 625 HEART AND SOUL DRUM ACADEMY Other Contracted Services Staring Lake Concert
302760 624 WORDCRAFTER Other Contracted Services Heritage Preservation
302630 614 SUMMER LAKES BEVERAGE LLC Liquor Product Received Den Road Liquor Store
302977 614 SUMMER LAKES BEVERAGE LLC Liquor Product Received Den Road Liquor Store
302800 613 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store
1034173 610 VINOCOPIA Liquor Product Received Prairie Village Liquor Store
302728 609 PAFFY'S PEST CONTROL Contract Svcs - Pest Control Park Shelters
303014 608 BRO-TEX INC Operating Supplies Fleet Operating
302878 605 LAKETOWN BUILDERS Deposits Stormwater Non-Capital
1034174 604 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store
302885 600 MCSPADDEN TREVOR Other Contracted Services Staring Lake Concert
302599 593 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store
302965 591 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store
302788 590 BLUE CLOUD DISTRIBUTION OF MINNESOTA INC Liquor Product Received Den Road Liquor Store
1034128 581 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store
302872 575 INDIGO SIGNWORKS, INC.Printing Fire
302755 565 UNITED REFRIGERATION Supplies - General Bldg Prairie View Liquor Store
1034196 564 ASPEN WASTE SYSTEMS INC.Waste Disposal Utility Operations - General
302713 561 MARTIN MARIETTA MATERIALS Asphalt Overlay Wasterwater Collection
302764 543 HENNEPIN COUNTY TREASURER Licenses, Taxes, Fees Stormwater Non-Capital
303112 534 WATER CONSERVATION SERVICES INC OCS - Leak Detection Water Distribution
9797 531 PMA FINANCIAL NETWORK INC Bank and Service Charges Wastewater Accounting
302702 519 LANO EQUIPMENT INC Equipment Repair & Maint Street Maintenance
302940 515 DANGEROUS MAN BREWING CO LLC Liquor Product Received Prairie Village Liquor Store
302886 510 MIDWEST AQUA CARE INC Other Contracted Services Riley Lake
302979 507 WINEBOW Liquor Product Received Den Road Liquor Store
302678 500 DIRTY SHORTS BRASS BAND Other Contracted Services Staring Lake Concert
302824 500 3 STRINGS INC Other Contracted Services Staring Lake Concert
302867 500 HATFIELD OLIVIA Other Contracted Services Theatre Initiative
302654 495 ALLENS SERVICE Equipment Repair & Maint Fleet Operating
1034163 494 MOTOROLA Software Maintenance IT Operating
302821 490 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store
1034199 486 GRAINGER Repair & Maint. Supplies City Center - CAM
1034129 482 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store
302893 480 NOW MICRO INC Miscellaneous Police Sworn
303001 479 WINEBOW Liquor Product Received Prairie View Liquor Store
1034187 471 FASTENAL COMPANY Operating Supplies Fleet Operating
302771 470 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store
303077 467 PAFFY'S PEST CONTROL Contract Svcs - Pest Control City Center - CAM
1034176 465 VINOCOPIA Liquor Product Received Den Road Liquor Store
302827 464 AIRGAS USA LLC Supplies - Pool Pool Maintenance
302988 462 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments302946460MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
302813 454 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store
1034216 451 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store
302846 445 CONSTRUCTION MATERIALS INC Asphalt Overlay Street Maintenance
302667 441 CENTURYLINK Internet IT Operating
302689 436 GLASS DOCTOR Contract Svcs - General Bldg Park Shelters
303019 424 CENTURYLINK Internet E-911 Program
302600 420 PEQUOD DISTRIBUTION Liquor Product Received Prairie Village Liquor Store
302626 418 PRYES BREWING COMPANY Liquor Product Received Den Road Liquor Store
1034220 416 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store
302939 412 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store
302739 410 SAVATREE Other Contracted Services Reforestation
303089 410 SAFETY SIGNS Operating Supplies Traffic Signs
303091 410 SAVATREE Other Contracted Services Reforestation
1034221 408 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store
302762 400 MINNEAPOLIS COMMODORES BARBERSHOP CHORUS Other Contracted Services Staring Lake Concert
1034262 397 PREMIUM WATERS INC Operating Supplies - Water Fire
302976 396 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store
302895 395 PAPCO INC Cleaning Supplies General Community Center
9816 395 WEX FSA - Medical Health and Benefits
302927 393 ZOLL MEDICAL CORPORATION EMS Supplies Fire
302591 392 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store
302858 390 FIRE SMART PROMOTIONS Fire Prevention Supplies Fire
302780 389 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
302935 389 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store
302961 389 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store
303036 389 EDEN PRAIRIE CENTER LLC Building Rental Various Funds
302633 383 WINEBOW Liquor Product Received Den Road Liquor Store
302820 381 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store
1034236 376 R & R SPECIALTIES OF WISCONSIN INC Contract Svcs - Ice Rink Ice Arena Maintenance
9799 376 WEX FSA - Medical Health and Benefits
303029 375 DIETHELM, TAMMY L Other Contracted Services Eden Prairie Cemetery
303076 373 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire
1034267 360 TRANE U.S. INC Supplies - HVAC Fitness/Conference - Cmty Ctr
1034237 357 TOLL GAS AND WELDING SUPPLY Repair & Maint. Supplies Fleet Operating
302602 357 PRYES BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
1034147 354 TOLL GAS AND WELDING SUPPLY Small Tools Fleet Operating
1034149 354 BIFFS INC Waste Disposal Riley Lake
302741 353 SHIRT STARZ INC Clothing & Uniforms Police Sworn
302781 351 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store
302684 350 EDEN PRAIRIE FIGURE SKATING CLUB Other Contracted Services July 4th Celebration
303072 350 NATIVE RESOURCE PRESERVATION Other Contracted Services Stormwater Non-Capital
1034134 346 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store
302952 345 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store
302973 343 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store
1034205 339 METRO SALES INCORPORATED*Equipment Rentals IT Operating
302778 336 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
302798 336 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store
302917 335 SUBURBAN CHEVROLET Equipment Repair & Maint Fleet Operating
302891 334 MN DEPT OF TRANSPORTATION Testing 2020 Improvement Projects
1034130 331 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store
302587 326 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store
302611 326 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments302636326BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store
302984 326 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store
303075 325 ON-TARGET SOLUTIONS GROUP Tuition Reimbursement/School Police Sworn
302712 320 MARIE RIDGEWAY LICSW LLC Other Contracted Services Police Sworn
302745 319 ST CROIX LINEN LLC Operating Supplies-Linens Fire
302913 319 ST CROIX LINEN LLC Operating Supplies-Linens Fire
302605 318 UNMAPPED BREWING CO Liquor Product Received Prairie Village Liquor Store
302847 318 CORE & MAIN Asphalt Overlay Street Maintenance
302997 318 SMALL LOT MN Liquor Product Received Prairie View Liquor Store
302980 317 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
302692 313 GREAT LAKES COCA-COLA DISTRIBUTION Merchandise for Resale Concessions
302999 312 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store
302868 306 HAYEN, LINDA Operating Supplies Theatre Initiative
302966 305 DANGEROUS MAN BREWING CO LLC Liquor Product Received Den Road Liquor Store
302697 300 HENNEPIN COUNTY WARRANT OFFICE Deposits General Fund
302930 300 STEARNS COUNTY SHERIFF'S DEPARTMENT Deposits General Fund
303105 300 TWO SUNDAYS Other Contracted Services Staring Lake Concert
303101 296 TMS JOHNSON Supplies - HVAC City Hall (City Cost)
302687 295 FIELD TRAINING SOLUTIONS Tuition Reimbursement/School Police Sworn
303038 295 FIELD TRAINING SOLUTIONS Tuition Reimbursement/School Police Sworn
1034204 294 MENARDS Operating Supplies Snow & Ice Control
302779 291 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store
302643 291 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store
9804 290 US BANK - PAYMODE Bank and Service Charges Finance
302681 289 DURDA, JAMES Equipment Repair & Maint Water Capital
1034227 288 EICHMAN NATHAN Canine Supplies Police Sworn
302855 287 EMERGENCY TECHNICAL DECON Protective Clothing Fire
302958 286 AM CRAFT SPIRITS SALES & MARKETING Liquor Product Received Den Road Liquor Store
302833 285 AUDIO LOGIC SYSTEMS Equipment Repair & Maint Fitness Classes
302809 281 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store
1034142 281 OLSEN CHAIN & CABLE Equipment Parts Park Maintenance
1034244 280 ECM PUBLISHERS INC Legal Notices Publishing City Clerk
302671 270 CONSTRUCTION MATERIALS INC Operating Supplies Street Maintenance
303096 270 STAPLES ADVANTAGE Office Supplies Customer Service
302627 270 SAINT CROIX VINEYARDS, INC.Liquor Product Received Den Road Liquor Store
1034167 269 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating
302649 269 WINEBOW Liquor Product Received Prairie View Liquor Store
302673 263 COREMARK METALS Equipment Repair & Maint Street Maintenance
1034157 262 LANDS END CORPORATE SALES Clothing & Uniforms Police Sworn
1034190 262 LEONARD, MICHELLE Conference/Prof. Dev.494 Corridor Commission
302598 256 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
302848 256 DELTA DENTAL Wages and Benefits 494 Corridor Commission
302794 255 ELM CREEK BREWING COMPANY Liquor Product Received Den Road Liquor Store
302751 250 TARAANGINI DANCE Other Contracted Services PeopleFest
302864 250 HANNAH MATTHEW Other Contracted Services Staring Lake Concert
302876 250 KING SAMANTHA Other Contracted Services Theatre Initiative
302677 245 DIRECTV Cable TV Community Center Admin
1034263 244 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating
302817 240 INSIGHT BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store
302647 238 UNMAPPED BREWING CO Liquor Product Received Prairie View Liquor Store
302806 236 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
303103 231 TRANSUNION RISK & ALTERNATIVE DATA Other Contracted Services Police Sworn
1034185 230 CONCRETE CUTTING AND CORING Operating Supplies Park Maintenance
Check #Amount Supplier / Explanation Account Description Business Unit Comments1034172230SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store
302884 225 MAUK BOB AR Utility Water Enterprise Fund
1034179 224 VINOCOPIA Liquor Product Received Prairie View Liquor Store
302606 223 VIP WINE & SPIRITS LTD Liquor Product Received Prairie Village Liquor Store
9806 222 VANCO SERVICES Bank and Service Charges Various Funds
1034247 222 GRAFIX SHOPPE Equipment Parts Fleet Operating
302956 221 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store
1034133 220 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store
302699 218 HOSE PROS, INC Equipment Parts Fleet Operating
302767 218 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store
302787 218 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store
302655 218 ARAMARK Janitor Service Prairie Village Liquor Store
302635 210 BARREL THEORY BEER COMPANY Liquor Product Received Prairie View Liquor Store
1034255 210 METRO SALES INCORPORATED*Printers -Accessories IT Operating
302773 207 DOMACE VINO Liquor Product Received Prairie Village Liquor Store
302993 207 LIBATION PROJECT Liquor Product Received Prairie View Liquor Store
1034184 205 CLAREY'S SAFETY EQUIPMENT Contract Svcs - Fire/Life/Safe General Community Center
1034214 201 STREICHERS Clothing & Uniforms Police Sworn
1034177 201 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store
302701 200 KOLAROVA, RADA Other Contracted Services PeopleFest
302727 200 OMG IRISH DANCE Other Contracted Services PeopleFest
302776 200 INSIGHT BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store
302894 200 PANNIER Repair & Maint. Supplies Park Maintenance
303080 200 POLLACK JAMES Improvement Contracts Stormwater Capital
1034153 197 FORKLIFTS OF MINNESOTA INC Equipment Repair & Maint Utility Operations - General
303006 195 ARAMARK Janitor Service Prairie View Liquor Store
303070 194 MR CUTTING EDGE Contract Svcs - Ice Rink Ice Arena Maintenance
302669 190 COMCAST Internet IT Operating
302618 189 HEADFLYER BREWING Liquor Product Received Den Road Liquor Store
1034193 186 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
302665 185 CATALYST GRAPHICS INC Advertising Prairie View Liquor Store
9817 184 WEX FSA - Medical Dental Insurance
302749 180 SYSCO WESTERN MINNESOTA Other Rentals Concessions
302943 180 INSIGHT BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store
303043 179 GS DIRECT Office Supplies Recreation Admin
302899 178 POLLACK BETH Operating Supplies Community Band
1034253 178 MATHESON TRI-GAS INC Operating Supplies Fleet Operating
302823 177 PETTY CASH-EPCC Mileage & Parking Various Funds
1034127 177 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store
1034152 176 ECM PUBLISHERS INC Legal Notices Publishing City Clerk
303106 175 ULTRA CLEAN SERVICE CORP Equipment Repair & Maint Fleet Operating
302597 174 MINNESOTA ICE SCULPTURES LLC Liquor Product Received Prairie Village Liquor Store
9794 172 OPTUM HEALTH Other Contracted Services Health and Benefits
1034164 172 MTI DISTRIBUTING INC Equipment Parts Fleet Operating
302774 170 ELM CREEK BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
1034144 169 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
1034175 167 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store
303002 164 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store
302844 162 COMCAST Cable TV Fire
302949 160 PRYES BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
302972 160 PRYES BREWING COMPANY Liquor Product Received Den Road Liquor Store
302996 160 PRYES BREWING COMPANY Liquor Product Received Prairie View Liquor Store
302804 159 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments302772155DANGEROUS MAN BREWING CO LLC Liquor Product Received Prairie Village Liquor Store
303015 153 BROWNELLS INC.Training Supplies Police Sworn
302931 152 56 BREWING LLC Liquor Product Received Prairie Village Liquor Store
302759 150 WEILL RICHARD E Licenses, Taxes, Fees Theatre Initiative
1034269 150 USA SECURITY Maintenance Contracts Water Treatment
302594 146 INSIGHT BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store
302620 146 INSIGHT BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
1034217 146 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store
302805 145 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store
303031 144 DIGI-KEY Supplies - Electrical Pool Maintenance
302585 144 56 BREWING LLC Liquor Product Received Prairie Village Liquor Store
302622 143 LIBATION PROJECT Liquor Product Received Den Road Liquor Store
302945 143 LIBATION PROJECT Liquor Product Received Prairie Village Liquor Store
1034226 143 CUSTOM HOSE TECH Equipment Parts Fleet Operating
1034178 141 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store
303010 141 BATTERIES PLUS BULBS Operating Supplies Traffic Signs
9815 141 WEX FSA - Medical Health and Benefits
302766 140 BARREL THEORY BEER COMPANY Liquor Product Received Prairie Village Liquor Store
302786 140 BARREL THEORY BEER COMPANY Liquor Product Received Den Road Liquor Store
302808 140 BARREL THEORY BEER COMPANY Liquor Product Received Prairie View Liquor Store
1034181 139 BECKER, DAVE Mileage & Parking Police Sworn
1034264 138 SHERWIN WILLIAMS CO Operating Supplies Miller Park
302596 138 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
302819 138 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store
302682 135 EASTVOLD ADAM AR Utility Water Enterprise Fund
1034234 134 NELSON, ROBIN Outreach Mileage/Parking 494 Corridor Commission
302830 133 ARAMARK Janitor Service Prairie Village Liquor Store
1034158 133 LOCATORS & SUPPLIES INC Operating Supplies Traffic Signals
302650 131 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store
1034260 128 OSI BATTERIES INC Office Supplies Police Sworn
302888 126 MINNESOTA FIRE SERVICE CERTIFICATION BOA Training Fire
302849 125 DEM CON LANDFILL LLC Waste Disposal Round Lake
302974 125 SMALL LOT MN Liquor Product Received Den Road Liquor Store
1034256 125 MINNESOTA RECREATION & PARK ASSOCIATION Employment Advertising Organizational Services
1034139 123 CUSTOM HOSE TECH Repair & Maint - Ice Rink Ice Arena Maintenance
302784 121 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store
302631 120 URBAN GROWLER BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
1034235 119 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
302923 119 VERES JILL Operating Supplies Community Band
1034141 119 METROPOLITAN FORD Equipment Parts Fleet Operating
302843 118 COMCAST Cable TV Fire
302629 117 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store
302641 117 INSIGHT BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store
302617 112 DANGEROUS MAN BREWING CO LLC Liquor Product Received Den Road Liquor Store
302639 112 DANGEROUS MAN BREWING CO LLC Liquor Product Received Prairie View Liquor Store
302880 111 LIGHT GINA Clothing & Uniforms Theatre Initiative
303081 109 PRAIRIE LAWN AND GARDEN Operating Supplies Park Maintenance
303007 108 ASPEN MILLS Postage Fire
9787 107 WEX FSA - Medical Health and Benefits
1034266 106 STERICYCLE INC Other Contracted Services Police Sworn
302957 106 56 BREWING LLC Liquor Product Received Den Road Liquor Store
302981 106 56 BREWING LLC Liquor Product Received Prairie View Liquor Store
1034219 106 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments302753104T-MOBILE Cell Phones 494 Corridor Commission
302842 103 COMCAST Cable TV Fire
1034171 100 XCEL ENERGY Electric Traffic Signals
302733 99 PROPIO LS LLC Other Contracted Services Police Sworn
302659 96 BARKER, NICOLE P&R Refunds Community Center Admin
302860 94 FREEVEND TECHNICAL SERVICES Equipment Repair & Maint Concessions
9807 93 WEX FSA - Medical Health and Benefits
302793 93 DANGEROUS MAN BREWING CO LLC Liquor Product Received Den Road Liquor Store
302816 92 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store
302906 91 SHRED RIGHT Waste Disposal Various Funds
302592 87 DANGEROUS MAN BREWING CO LLC Liquor Product Received Prairie Village Liquor Store
302646 87 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store
303023 76 COMCAST Cable TV Fire
9796 76 PAYCHEX Payroll Admin. Fees 494 Corridor Commission
9819 76 PAYCHEX Payroll Admin. Fees 494 Corridor Commission
9788 75 WEX FSA - Medical Health and Benefits
9792 74 WEX FSA - Medical Health and Benefits
302932 71 AM CRAFT SPIRITS SALES & MARKETING Liquor Product Received Prairie Village Liquor Store
302610 70 BARREL THEORY BEER COMPANY Liquor Product Received Den Road Liquor Store
302708 70 LOES OIL COMPANY Waste Disposal Fleet Operating
302934 70 BARREL THEORY BEER COMPANY Liquor Product Received Prairie Village Liquor Store
302960 70 BARREL THEORY BEER COMPANY Liquor Product Received Den Road Liquor Store
302983 70 BARREL THEORY BEER COMPANY Liquor Product Received Prairie View Liquor Store
302887 68 MINNESOTA EQUIPMENT Equipment Parts Fleet Operating
9802 67 WEX FSA - Medical Health and Benefits
9805 64 MONEY MOVERS INC Other Contracted Services Community Center Admin
1034136 63 ARPIN, TONJA Tuition Reimbursement/School Fitness Classes
1034188 63 FLEETPRIDE INC Equipment Parts Fleet Operating
302814 62 DANGEROUS MAN BREWING CO LLC Liquor Product Received Prairie View Liquor Store
302670 62 COMCAST Cable TV Fire
1034233 60 MPX GROUP, THE Printing Police Sworn
303020 56 CHARGEPOINT Supplies - Electrical Park Shelters
303030 56 DIGGINS NICHOLE DAY Conference/Prof. Dev.494 Corridor Commission
302608 55 AM CRAFT SPIRITS SALES & MARKETING Liquor Product Received Den Road Liquor Store
302603 54 SHAKOPEE BREWHALL Liquor Product Received Prairie Village Liquor Store
1034182 54 BERRY COFFEE COMPANY Merchandise for Resale Concessions
302747 52 STAPLES ADVANTAGE Office Supplies Customer Service
1034192 52 METROPOLITAN FORD Equipment Parts Fleet Operating
1034210 51 UPS Postage Facilities Operating ISF
303022 50 COMCAST Internet IT Operating
1034225 50 CONCRETE CUTTING AND CORING Operating Supplies Park Maintenance
302685 50 ESHELMAN, JON Deposits General Fund
302802 48 SHAKOPEE BREWHALL Liquor Product Received Den Road Liquor Store
303073 47 NELSEN JOHN Mileage & Parking Inspections-Administration
302909 46 SPANIER CHRISTINA Mileage & Parking Communications
302866 45 HASHI SAID P&R Refunds Community Center Admin
1034223 44 BOHNSACK, SUE Mileage & Parking Senior Center Programs
303028 43 DIEDE RYAN Mileage & Parking Round Lake Beach
303021 42 COATNEY ELYSE Mileage & Parking Round Lake Beach
303066 40 MINNESOTA DEPT OF HEALTH Licenses, Taxes, Fees Concessions
302850 39 DIGGINS NICHOLE DAY Conference/Prof. Dev.494 Corridor Commission
1034194 36 ROCKEY, JOSH Mileage & Parking Senior Center Admin
302920 36 TULLY KEIKO Outreach Mileage/Parking 494 Corridor Commission
Check #Amount Supplier / Explanation Account Description Business Unit Comments103419836ECM PUBLISHERS INC Legal Notices Publishing City Clerk
1034215 36 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store
303109 32 VOLZ DAIN Mileage & Parking Round Lake Beach
9790 30 WEX FSA - Medical Health and Benefits
9798 30 WEX FSA - Medical Health and Benefits
302873 30 I-STATE TRUCK CENTER Equipment Parts Fleet Operating
303111 28 WARREN AYRES Mileage & Parking Round Lake Beach
303067 28 MINNESOTA TROPHIES & GIFTS Operating Supplies Police Sworn
302676 26 DIGI-KEY Supplies - Electrical City Center - CAM
302675 26 CUB FOODS EDEN PRAIRIE Operating Supplies Police Sworn
9812 25 MINNESOTA DEPT OF REVENUE Licenses, Taxes, Fees Fleet Operating
1034191 24 MEREDITH KATE Outreach Mileage/Parking 494 Corridor Commission
303063 22 MCDANIEL EMMA Mileage & Parking Round Lake Beach
302825 20 A TO Z RENTAL CENTER Equipment Repair & Maint Fire
1034195 20 SPOK, INC.Cell/Pager Plans IT Operating
303092 20 SCOTT COUNTY Licenses, Taxes, Fees Police Sworn
9803 16 WEX FSA - Medical Health and Benefits
302877 16 LAI EMMA Operating Supplies Theatre Initiative
1034150 15 BOBBY & STEVE'S AUTO WORLD EDEN PRAIRIE Equipment Repair & Maint Police Sworn
302889 15 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Creek Woods
303012 14 BILLE MACI Mileage & Parking Round Lake Beach
303025 13 CUSHMAN ETHAN Deposits General Fund
302612 12 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store
302892 12 MULTIHOUSING CREDIT CONTROL Other Contracted Services Police Sworn
9793 11 NCR PAYMENT SOLUTIONS,PA, LLC Bank and Service Charges Liquor Store Delivery
303024 10 CULLIGAN BOTTLED WATER Corridor Comm. Misc 494 Corridor Commission
1034186 8 ELLIS, ROBERT Mileage & Parking Engineering
302840 8 CEF EP COMMUNITY SOLAR LLC Electric Facilities Operating ISF
1034268 8 UPS Mileage & Parking Fitness Admin.
302841 4 COMCAST Other Contracted Services Police Sworn
302856 4 EPBBA Cash Over/Short General Fund
302723 3 MN MAINTENANCE EQUIPMENT INC Equipment Repair & Maint Park Maintenance
302874 1 JERRY'S ENTERPRISES INC Equipment Parts Fleet Operating
6,674,469 Grand Total
CITY COUNCIL AGENDA
SECTION: Report of City Manager
DATE:
September 5, 2023
DEPARTMENT/DIVISION: Administration/
Finance, Tammy Wilson
ITEM DESCRIPTION: Resolution certifying the proposed 2024 property tax
levy, accepting the proposed 2024 budget, setting the
date for public hearing, and consenting and approving the HRA tax levy
ITEM NO.: XIV.B.1.
Requested Action
Move to adopt the resolution that:
• Certifies the proposed 2024 property tax levy to be $47,138,752; and
• Sets December 5, 2023 at 7:00 pm, as the meeting which will include discussion of the
budget and provide for public comment; and
• Accepts the proposed 2024 budget of $60,322,771; and
• Consents and approves the HRA tax levy of $210,000.
Synopsis Minnesota Law and administration rules prescribe a detailed process for public notification and
participation in setting taxes and budgets of local governments. Cities must adopt a proposed property tax levy and certify that amount to the county auditor on or before September 30, 2023. In addition, the City Council must accept a proposed budget for the coming year. The City must announce at this Council meeting the future time and date of the regularly scheduled meetings at which the budget and tax levy will be discussed and public testimony taken. The Council must adopt a final tax levy and budget by December 28.
Minnesota Law authorizes the HRA to levy a tax with the consent of the City Council. This
resolution gives the consent needed for the HRA. Attachments
Resolution
Tax Levy Exhibit 2024 Proposed Budget Report
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2023-__ A RESOLUTION ADOPTING THE CITY’S PROPOSED 2024 PROPERTY TAX LEVIES, ACCEPTING A PROPOSED BUDGET FOR GENERAL OPERATIONS AND
TAX-SUPPORTED OBLIGATIONS FOR 2024, AND CONSENTING AND APPROVING THE 2024 HRA LEVY
WHEREAS, the City Council of the City of Eden Prairie has reviewed the City Manager’s
recommended 2024 budget and tax levies; and
WHEREAS, the City Council has decided to accept these recommendations at this time. NOW, THEREFORE, BE IT RESOLVED that the City Council:
1. Establishes the following proposed taxes on real and personal property within the City of Eden Prairie for the 2024 budget.
Taxes to be Levied Against Tax Capacity
General Fund 44,337,436$
Capital Improvements 400,000
Bonds and Interest
2021A Tax Abatement Bonds -
2020A Refunding SouthWest Fire Station Bonds 348,271
Tax Capacity Levy for Certification 45,085,707
Less Fiscal Disparities Distribution 2,316,660
Net Tax Collectible 42,769,047
Taxes to be Levied Against Market Value
2020A Refunding Park Bonds 950,440
Market Value Tax Levy for Certification 950,440
Tax Abatement 1,102,605
Total Net Tax Collectible 44,822,092$
Funds have been provided for principal and interest payments on all bond issues except as shown above, and no other levies are required (as shown in Exhibit 2).
The proposed total Levy may not be exceeded when the City Council sets the final tax levy for 2024.
2. Accepts the 2024 proposed levy of $47,138,752 and proposed budget totaling $60,322,771 at this time. 3. Consents and approves the 2024 HRA tax levy of $210,000.
ADOPTED by the City Council on September 5, 2023.
______________________
Ronald A. Case, Mayor ATTEST:
_____________________________ Nicole Tingley, City Clerk
CITY OF EDEN PRAIRIE
NOTICE OF ADJUSTMENT TO REQUIRED DEBT LEVIES
LEVIED YEAR 2023, COLLECTED YEAR 2024
EXHIBIT 2
Debt levy amounts previously certified may be adjusted to the amounts shown below due to the availability of
other repayment sources.
Date of Amount of Required Levy Actual Levy
OUTSTANDING DEBT WITH REQUIRED LEVY Issue Issue 2023/2024 2023/2024
G.O. Refunding Bonds 2020A (Market Value)10/28/20 $4,408,000 $950,440 $950,440
G.O. Refunding Bonds 2020A (Tax Capacity)10/28/20 $1,673,000 $348,271 $348,271
G.O. Tax Abatement Bonds 2021A 12/08/21 $11,940,000 $1,102,605 $1,102,605
GRAND TOTAL $2,401,316 $2,401,316
City of Eden Prairie
2024/2025 Proposed Budget
09/05/2023
1
Table of Contents
Table of Contents .................................................................................................................... 1
Budget Overview ..................................................................................................................... 2
City Survey ................................................................................................................................ 4
Tax Base .................................................................................................................................... 5
Tax Levy and Budget .............................................................................................................. 6
Debt Levy ................................................................................................................................. 6
Capital Levy ............................................................................................................................. 7
General Fund Revenue Budget ............................................................................................. 7
General Fund Expenditure Budget .......................................................................................10
Housing and Redevelopment Authority (HRA) ....................................................................15
Conclusion ..............................................................................................................................15
2
Budget Overview The 2024/2025 proposed budget provides the resources to achieve the City’s goals for Eden Prairie citizens. These goals are part of the Eden Prairie Promise to the community to fulfill the mission and vision of Eden Prairie and continue making Eden Prairie a great place to live, work and dream. The City Council’s 2024/2025 budget objectives include the following: Achieve City Goals
• Community well-being & safety
• High quality efficient services
• Preserved & beautiful environment
• Sense of community
• Innovative & sustainable practices
• Economic vitality Provide Value to Citizens
• Maintain high quality city services
• Reasonable tax impacts Maintain Strong Financial Position
• Maintain bond rating o Approve a balanced budget o Maintain fund balance policies o Conservative estimates of revenues and expenditures
o Review fees and charges annually, at a minimum adjust for inflation
o Capital planning Maintain Employee Morale and Engagement
• Provide engaging onboarding programs for new hires
• Provide diverse, enriched training, professional development and wellness initiatives to build the skills of future leaders
• Implement recruitment and retention strategies with a diversity and inclusion focus
• Provide salary changes that are competitive and consistent with public and private sector trends The City Council is emphasizing the following areas to achieve City Goals for this budget cycle:
o Implement race equity plan o Implement housing programs and policies
3
o Police
Implementation of the Cadet program with the potential of 4 Cadets in 2024 and 1 Cadet in 2025
Police Remodel
o Fire
Evaluation of Duty Crew staffing
Purchase of 2 skeeters and 3 fire trucks
o Administration
2024 Elections These goals and the related costs are interwoven in various sections of the budget. Many times, the costs are almost entirely staff time, and do not require significant financial investment. Some of the costs are capital costs and included in the City’s Capital Improvement Plan, which is separate from the general fund budget. The budget process started in February with a review of City Council goals and will end in December with final approval and adoption of the budget. The process to date and future planned activities include the following: Internal Budget Process
• 2022 – Complete City-Wide work plans
• March/April - Internal service fund budgets prepared by managers
• April 17 - Budget kick-off meeting
• May/June – Department meeting held on 2022 financial results
• May 19 - Staff budget preparation work due
• June - Departmental budget meetings held
• City Manager, Directors, and Finance prepare for City Council Workshop Council Process
• February 4 – City Council Discussion on Priorities
• May 2 – City Council Workshop (Council accepts 2022 financial results)
• May 16 – City Council Workshop on the Community Survey
• July 11 - City Council Workshop
• September 5 - Council adopts a preliminary tax levy and budget
• November 14 – City Council Workshop on Enterprise Funds
• December 5 - Public Meeting and Council adopts final tax levy and budget
4
City Survey
The 2023 Quality of Life Survey provided residents the opportunity to rate the quality of life in the City of Eden Prairie, as well as the quality of service delivery and overall workings of local government. The survey also permitted residents to provide feedback to government on what is working well and what is not, and to share their priorities for community planning and resource allocation. The City uses the biannual citizen survey as one input tool for the budget. Key Findings Eden Prairie is a highly desirable and safe place to live.
• Eden Prairie residents continue to rate their quality of life highly, with 92% awarding excellent or good marks in 2023, which is higher than national and regional peer benchmarks and similar to Minnesota benchmarks.
• The overall feeling of safety in Eden Prairie remains high, with a rating of 92% excellent or good. Eden Prairie’s natural environment, parks and recreation opportunities are valued by residents.
• The quality of the overall natural environment in Eden Prairie also continues to be rated highly with 92% rating it as excellent or good. This rating is higher than national regional, and Minnesota comparable cities.
• When asked to choose their favorite thing about living in Eden Prairie, 30% of residents chose to mention parks, trails, and recreation centers. City services continue to be highly ranked among peers.
• In 2023, about 9 out of 10 rated the overall quality of Eden Prairie services as excellent or good, a rating on par with 2020. This measure ranked higher or much higher than national, regional and Minnesota benchmarks. Residents are familiar with and see the value of sustainability.
• At least 7 out of 10 residents are somewhat familiar with composting
• More than half of respondents were familiar with completing a home energy audit
• More than 4 out of 10 residents have completed or would be very likely to purchase an electric vehicle, electrify their home space/water heating and/or cooking equipment or subscribe to a utility renewable power purchase program The survey provides valuable input and demonstrates evidence of overall satisfaction with City services.
5
Tax Base The ability to levy and collect taxes is based on property market values, tax capacities, and the City tax rates. Below is a history of the City’s market value of all residential and commercial property.
The current estimated market value for taxes payable in 2024 is a market value increase to $14.3 billion, which is a 6.4% increase over 2023. The table below shows the history of market value, adjusted net tax capacity and the City tax rate since 2020.
Below summarizes the City’s tax impact for residential, apartment, and commercial properties based on current information from the County.
2020 2021 2022 2023 2024
Market Value $11.1 Billion $11.4 Billion $11.7 Billion $13.4 Billion $14.3 Billion
Adjusted Net Tax Capacity $116,554,959 $120,595,985 $122,841,504 $143,680,523 $154,073,269
City Tax Rate 31.51%31.43%32.32%28.90%28.47%
Percent
Property Type 2022/2023 2023/2024 Difference Change
Residential ($536,400)1,528$ 1,589$ 61$ 4.0%
Apartment ($5M)17,494$ 18,130$ 636$ 3.6%
Commercial ($2M)6,618$ 6,792$ 174$ 2.6%
6
Tax Levy and Budget Below summarizes the proposed total tax levy and budget. Tax Levy
Budget
Debt Levy
For 2024 and 2025 debt payments supported by the tax levy are projected to remain 4% to 5% of the general fund budget. The City has a policy of maintaining a percentage of 5% to 15% of the general fund budget as we consider this to be a moderate debt burden. Moody’s Investors Service has assigned a rating of Aaa to the City of Eden Prairie’s (MN) bond for every debt issue since 2003, the highest rating from Moody’s. Standard & Poor’s has also assigned a rating of AAA to the City of Eden Prairie’s bonds outstanding, their higher rating as well. This ensures the City receives the most competitive interest rates. The City’s bond ratings reflect Eden Prairie’s extensive and diversified tax base, low amount of rapidly amortized debt, and capably managed operations. For 2024 and 2025 the total debt levy is decreasing by $151,684 and $228,990 respectively. The decrease can be attributed to changes in the required debt payment schedules. The City currently has two bonds that are supported by the debt levy. These include the Aquatics expansion at the Community Center (2021 Refunded Tax Abatement) and refunded bonds for the SouthWest Fire Station and for Park Improvements including the community center, park, and trails (2020A Refunding Bonds). The 2020A Refunding Bonds will be paid off in 2025 and the 2021 Refunding Bonds will be paid off in 2035.
2023 2024 Percent 2025 Percent
Fund Adopted Proposed Difference Change Proposed Difference Change
General Fund 41,956,284$ 44,337,436$ 2,381,152$ 5.7% 46,565,306$ 2,227,870$ 5.0%
Capital I mprovement Fund 400,000 400,000 - 0.0% 400,000 - 0.0%
Debt Levy 2,553,000 2,401,316 (151,684) (5.9%) 2,172,326 (228,990) (9.5%)
Sub-total 44,909,284 47,138,752 2,229,468 5.0% 49,137,632 1,998,880 4.2%
Less Fiscal Disparity Distribution (2,477,021) (2,316,660) 160,361 (6.5%) (2,316,660) - 0.0%
Total Levy 42,432,263$ 44,822,092$ 2,389,829$ 5.6% 46,820,972$ 1,998,880$ 4.5%
2023 2024 Percent 2025 Percent
Fund Adopted Proposed Difference Change Proposed Difference Change
General Fund $54,442,407 $57,521,455 $3,079,048 5.7%$59,527,476 $2,006,021 3.5%
Debt 2,553,000 2,401,316 (151,684) (5.9%) 2,172,326 (228,990) (9.5%)
Capital Levy 400,000 400,000 - 0.0% 400,000 - 0.0%
Total City Budget $57,395,407 $60,322,771 $2,927,364 5.1%$62,099,802 $1,777,031 2.9%
7
Below summarizes the detail of the 2024/2025 debt levy.
Capital Levy
The City prepares a ten-year capital improvement plan and updates the plan every other year. The Capital Improvement and Maintenance fund (CIMF) pays for capital projects that do not have another funding source, for example, playground replacement, repair and expansion of trails, parks parking lot maintenance, public safety radio replacement, etc. The CIMF is funded through liquor operations profit, rental income, antenna revenue, a tax levy, miscellaneous revenue, and one-time funds the City receives. For example, when the general fund has positive operating results, amounts not needed to meet the fund balance policy have been transferred to the CIMF. The capital levy is the same amount as 2023 and is $400,000 annually. General Fund Revenue Budget
Below summarizes the 2024/2025 proposed General Fund Revenue Budget.
Property tax revenue is the single largest source of revenue and the City strives to balance increases in property taxes with the demand for City services. Property taxes account for 76.9% of the General Fund budget. The tax levy in the proposed budget is increasing 5.7% for 2024 and 5% for 2025.
2023 2024 Percent 2025 Percent
Debt Levy Adopted Proposed Difference Change Proposed Difference Change
Debt Levy on Tax Capacity
2021 Refunded Tax Abatement 1,368,000$ 1,102,605$ (265,395)$ (19.4%) 1,109,115$ 6,510$ 0.6%
2020A Refunding Bonds (SouthWest Fire Station)280,000 348,271 68,271 24.4% 363,211 14,940 4.3%
Sub-total 1,648,000 1,450,876 (197,124) (12.0%) 1,472,326 21,450 1.5%
Debt Levy on M arket Value
2020A Refunding Bonds (Parks Referendum)905,000 950,440 45,440 5.0% 700,000 (250,440) (26.3%)
Sub-total 905,000 950,440 45,440 5.0% 700,000 (250,440) (26.3%)
Total 2,553,000$ 2,401,316$ (151,684)$ (5.9%) 2,172,326$ (228,990)$ (9.5%)
2023 2024 Percent 2025 Percent
Revenue Adopted Proposed Difference Change Proposed Difference Change
Taxes 41,142,158$ 43,480,687$ 2,338,529$ 5.7% 45,664,000$ 2,183,313$ 5.0%
Licenses and Permits 4,068,700 4,166,300 97,600 2.4% 4,159,300 (7,000) (0.2%)
Intergovernmental Revenue 1,401,300 1,868,175 466,875 33.3% 1,885,585 17,410 0.9%Charges for Services 5,571,287 5,984,115 412,828 7.4% 6,091,137 107,022 1.8%
Fines and Forfeits 367,000 350,000 (17,000) (4.6%) 350,000 - 0.0%Transfers 463,662 473,203 9,541 2.1% 470,729 (2,474) (0.5%)
Other Revenue 328,300 198,975 (129,325) (39.4%) 206,725 7,750 3.9%
53,342,407 56,521,455 3,179,048 6.0% 58,827,476 2,306,021 4.1%
8
Charges for services is the second largest revenue source and accounts for 10.6% of the General Fund Budget. Charges for services are increasing $412,828 or 7.4% in 2024 and $107,022 or 1.8% in 2025. The increase is due to expected improved performance at the community center as it continues to rebound from the impacts of COVID. Licenses and permits revenue is the third largest revenue source to the General Fund and accounts for 7.4% of the General Fund revenues. Licenses and permits is increasing $97,600 or 2.4% for 2024 and remains relatively flat for 2025. Significant items to note include the following:
• Building permit and fees revenue for 2024 is budgeted to increase to $2,600,775 which is $75,800 or 3% more than 2023. This budget was held flat for 2025 as we budget a higher increase every other year. Building permit fees were not increased for 2024 and 2025 but we were able to increase the budget due to conservative budgeting in the past. The below history shows acutal amounts to 2022 and then budgeted amounts to 2025.
9
• Cable TV is remaining flat for 2024 and 2025. As you can see from the graph, cable revenue dropped in 2018 and is remaining relatively consistent each year.
Intergovernmental revenue (IGR) sources includes Federal and State grants, State aid, School Liaison, and other local grants and account for 3.3% of General Fund Revenues. For 2024, IGR is increasing to $1,868,175 which is an increase of $466,875 or 33.3%. For 2025, the increase is .9%. The increase in 2024 is due mainly to the increase of the School Liaison from $128,300 in 2023 to $368,175 in 2024. Starting in 2023, the School District now will be splitting the cost of the School Resource Officer’s (SRO) wages and benefits 50/50 with the city, which is consistent with our surrounding peers. Currently, there are 4 SROs for the 2023-2024 school year, which will increase to 4.5 SROs for the 2024-2025 and 2025-2026 school years. Below is a history of the IGR revenue (without COVID money in 2020-2022).
10
Other revenues that the General Fund receives consists of fines and penalties, contributions, interest income, reimbursements and transfers–in. These revenues make-up 1.8% of General Fund Revenues. Other revenue is decreasing due to a decrease in investment revenue and fine and penalty revenue. General Fund Expenditure Budget
Revenues Less Expenses for 2024 and 2025 are ($1,000,000) and ($700,000) respectively. The City anticipates using ARPA money in 2024 and 2025 to offset revenue shortfalls. Expenditures are proposed to increase 5.7% in 2024 and 3.5% in 2025. The following graph shows budget changes by category:
Since the City provides significant services to the community, wages and benefits make up 68.3% percent of the general fund budget. The most significant categories include wages, pension and taxes, health insurance, part-time wages, and workers compensation insurance. Other significant costs include amounts to maintain facilities, fleet services, information technology, and electricity. These items make up another 18.6% of the budget. All other items make up 13.1% of the budget.
2023 2024 Percent 2025 Percent
Expenses Adopted Proposed Difference Change Proposed Difference Change
Administration 4,963,366$ 5,431,719$ 468,353$ 9.4% 5,207,474$ (224,245)$ (4.1%)Community Development 2,681,120 2,693,888 12,768 0.5% 2,820,246 126,358 4.7%
Police 18,162,956 19,676,668 1,513,712 8.3% 20,707,965 1,031,297 5.2%
Fire 6,985,897 7,440,405 454,508 6.5% 7,704,050 263,645 3.5%
Public Works 7,001,848 6,792,367 (209,481) (3.0%) 7,017,246 224,879 3.3%
Parks and Recreation 14,627,220 15,486,408 859,188 5.9% 16,070,495 584,087 3.8%Transfers 20,000 - (20,000) (100.0%)- - 0.0%
54,442,407 57,521,455 3,079,048 5.7% 59,527,476 2,006,021 3.5%
Revenues Less Expenses (1,100,000)$ (1,000,000)$ 100,000$ (9.1%) (700,000)$ 300,000$ (30.0%)
11
The chart below illustrates the budget by category.
Below provides information on the significant items in the budget. Full-Time Wages With a staff of 236 full-time employees in the general and internal service funds, the City provides its residents and businesses with a full range of municipal services consisting of police and fire protection, street maintenance, recreation programs, park maintenance, community and economic development, and building inspections. Wages are proposed to increase 3.7% in 2024 and 5% in 2025. This includes a 3% base increase, step increases and performance pay. Through staff turnover, the City usually sees budget reduction as new staff are many times hired at a lower rate. However, new employees earn step increases and performance pay until they reach the target rate for their position, which then adds additional increases to the budget. The City prepares the budget for wages by looking at trends within the private sector labor market and our local government peer group. Based on the compensation trends we are seeing, we are proposing a 3% wage increase in 2024 and 2025. This proposal is in line with our peer cities and the private sector. We must continue to provide similar increases as the private sector and our public sector peer cities to remain competitive. Wages – Part time Wages part-time are increasing $259,870 or 9% in 2024 and decreasing $146,936 or 4.7% in 2025. The 2024 increase pertains mainly to elections. For 2025, the election budget was decreased as it is a non-election year.
12
Duty Crew Duty Crew wages for 2024 are $1,156,301 which is $114,076 or 10.9% more than 2023. For 2025 the budget is increasing to $1,190,990 which is a 3% increase. In July of 2023, wages were increased from $15.07 to $18 and in July 2024 are budgeted to increase to $18.54. Duty Crew wages were increased to assure we are competitive with our surrounding peers. In 2022, a wage study was conducted with other fire departments in the metropolitan area. Based on the study, Eden Prairie Duty Crew wages were below the average. Duty Crew firefighters continue to provide excellent service to our City. However, there continues to be a gap in hours that our Duty Crew firefighters are able to cover in order to maintain high quality services. All Duty Crew firefighters have other full-time or part-time jobs and their time availability has changed in recent years. In 2024 a Standard of Cover Study will be conducted. The study will provide an evaluation of the fire department service delivery and also provide recommendations on what is needed to maintain high quality service delivery today and in future years. The study will also evaluate current service delivery, fire station locations, changing city demographics, all-hazard response needs, and changing city operations/services. The one-time public safety funding will be used to pay for the Study. Fire Relief Pension Plan Firefighters of the City of Eden Prairie are members of the Eden Prairie Firefighter Relief Association. The Association is the administrator of the single-employer defined benefit pension plan available to firefighters. The plan is administered pursuant to Minnesota Statutes Chapter 69, Chapter 424A, and the Association’s by-laws. As of December 31, 2022, membership includes 95 active participants, 108 retirees and beneficiaries currently receiving benefits, and 20 terminated employees entitled to benefit but not yet receiving them.
Minnesota Statues specifies minimum support rates required on an annual basis by the City. The Association completes an actuarial study every two years which documents the required contribution from the City. An updated actuarial was completed for the 2023 budget. The City receives Fire Relief Pension Aid from the State of approximately $550,000, which offsets the City’s required contribution. PERA The City pays public employees retirement (PERA) benefits for all eligible employees. Generally all full time employees and part-time employees, who earn more than $425 in a single month, are PERA eligible. The City currently contributes 7.50% of salary for PERA except for the police and fire employees where the percent is 17.7% for 2024 and 2025. The City also pays 7.65% of salary for FICA except for police and fire where the percentage is 1.45%. The City has budgeted $4,254,031 and $4,441,133 for PERA/FICA in 2024 and 2025.
13
Health Insurance The City periodically conducts a Request for Proposal (RFP) process to procure health insurance. State law requires that the City issue a RFP every five years. In 2022, the City Council approved a three-year health insurance contract with HealthPartners for 2023 to 2025. For 2024 and 2025 the rate cap is 9%. For 2024, Health insurance is budgeted to increase $234,927 or 9%. The increase is attributed to the rate cap increase of 9%. For 2025, the budget was increased $217,753 or 7.7%. Workers Compensation The workers compensation user charge is changing from $781,843 in 2023 to $1,512,771 in 2024 due to increased rates, increase in our modification rating, and the use of $100,000 of fund balance in 2022 and $10,000 of fund balance in 2023. Our current experince modifiation is 1 and has ranged from .55 to 1.06 since 2014. When the EMR is lower, our workers compensation costs are less due to positive claims experience. The average EMR, or the point at which the City is said to be no more or no less risky than another, is 1.0. If our EMR dips below 1.0, we are considered safer than most, which translates to lower premiums. Also, workers compensation rates for each employee category can change (increase and decrease) every year. For 2025 the user charge is budgeted to increase to $1,667,791. Facilities User Charges The Facilities Division is responsible for building related operations, preventative maintenance, remodeling, and long-term maintenance programs of the facilities owned by the City. The buildings include the City Center, Community Center, Senior Center, Outdoor Center, Art Center, Maintenance Facility, four Fire Stations, park shelters, and historical buildings. Facilities charges back to the internal users for these services. Facility user charges are increasing from $5,627,990 in 2023 to $6,174,909 in 2024, which is an increase of $546,919, or 9.7%. The increase is due mainly to increased energy costs and increases in wages and benefits. Over the past couple of years rates for gas and electric have increased significantly. For 2025, user charges are increasing to $6,388,783 or 3.5%. IT User Charges The Information Technology Division is responsible for providing strategic technology direction and managing and implementing IT governance processes in support of City leadership. IT develops and implements IT operational policies and standards, manages contracts for IT services with various service providers, and coordinates major citywide activities including:
• General PC/Phone Systems Support;
• Network Wellness (Network Hardware/Servers/Enterprise Applications);
14
• Application Analysis, Implementation and Support and;
• Technology Analysis, Recommendation and Implementation. The Information Technolgy Divison manages approximately 75 different software applications and 481 devices (computers, laptops, iPads). IT charges back to the internal users for these services. For the General Fund, IT user charges are increasing from $2,878,189 in 2023 to $3,102,541 in 2024 an 7.8% increase. For 2025, $3,127,454 is budgeted which is a .8% increase. There are software maintenance increases for election software (Modus), fleet management, and New World (Mobile Eye). In addition, capital costs increased for the planned implementation of new software in Police including police mobile computer system replacement, body cameras, and a squad camera upgrade. Fleet Services User Charges Fleet services provides and maintains a safe, high quality, reliable and efficient fleet of vehicles and equipment. They manage approximately 300 vehicles and large pieces of equipment. The fleet includes police and fire vehicles, snowplows, dump trucks, pickup trucks and autos. Fleet Services is also continuing sustainability efforts this budget cycle to implement additional plug-in electric vehicles and improve building electrical infrastructure to support more electric vehicle charging stations. Fleet Services charges back to the internal users for these services. Fleet services user charges for the general fund are increasing 7.5% in 2024 to $2,875,144 and increasing 3.1% in 2025 to $2,965,292. The Fleet Services budget increase is due mainly to aging and increased costs for operating supplies and also for increased costs in repair and maintenance as vehicles are held longer than in the past due to the 1 to 2 year delay in receiving new vehicles.
15
Housing and Redevelopment Authority (HRA)
In 1980, the City of Eden Prairie established a Housing and Redevelopment Authority for the City. The HRA may spend resources for the following:
• to provide a sufficient supply of adequate, safe, and sanitary dwellings in order to protect the health, safety, morals, and welfare of the citizens of this state;
• to clear and redevelop blighted areas;
• to perform those duties according to comprehensive plans;
• to remedy the shortage of housing for low and moderate income residents, and to redevelop blighted areas, in situations in which private enterprise would not act without government participation or subsidies. Housing and Redevelopment Authorities can levy a tax of up to .0185 percent of taxable market value. The levy limit for the City of Eden Prairie HRA is approximately $2.5M. In 2006, the Council approved the HRA levy for the first time. The HRA levy pays for wages and benefits related to the support of housing in the City. It includes staff time from Housing and Community Services, Community Development, Planning, and Administratin of Rental Housing Licensing. Wages and benefits total $214,000 for 2024 and $223,000 for 2025. Other City resources for housing on an annual basis include:
• Tax Increment Financing, $1,700,000
• Community Development Block Grant, $300,000 to $500,000
• General Fund – Housing Inspections, 150,000 Conclusion This document is intended to provide information on the proposed 2024/2025 City of Eden Prairie budget. If you have any questions about the budget contact a member of the finance team or the individual operating areas.
Winter 2022: Completion of 2023-2024 Citywide Work Plans
February 4: Annual City Council Goal Session
May 2: Council Workshop Review of 2022 Financial Results and Discussion of
Financial Policies
May 16: Quality of Life Survey Results Review
April-June: Preparation of 2024-2025 Budget
July 11: Council Workshop to Present Budget Information
Administration
Three Elections in 2024: Presidential
Primary, State Primary and General
Election
Fire
Evaluate Duty Crew staffing
Fire truck/vehicle purchases
Police
Police remodel
Recruitment initiatives
Parks and Recreation
Trails Extensions and Trail Maintenance
Open New Round Lake Building
Public Works
Continued Infrastructure Investments
Sustainability Initiatives
Community Development
Implement Race Equity Plan
Housing Programs and Policies
Enhance Sense of Community & Community Identity
Refine and Expand City Events:
PeopleFest
Hometown Celebration: July 3-4
Citywide Open House (add Sensory-Friendly)
Harvest to Halloween
Arts in the Park
Promoting and enhancing historic properties
Provide ways to engage with City Government:
City Government Academy
City Council Town Hall Meetings
Engage with Non-profit community
Engagement through technology: Online Engagement Platform, Social Media, City Manager Podcast, City Website, Email/Text Subscriptions, EP See Click Fix
2023 2024 Percent 2025 Percent
Revenue Adopted Proposed Difference Change Proposed Difference Change
Taxes 41,142,158$ 43,480,687$ 2,338,529$ 5.7% 45,664,000$ 2,183,313$ 5.0%
Licenses and Permits 4,068,700 4,166,300 97,600 2.4% 4,159,300 (7,000) (0.2%)
Intergovernmental Revenue 1,401,300 1,868,175 466,875 33.3% 1,885,585 17,410 0.9%
Charges for Services 5,571,287 5,984,115 412,828 7.4% 6,091,137 107,022 1.8%
Fines and Forfeits 367,000 350,000 (17,000) (4.6%) 350,000 - 0.0%
Transfers 463,662 473,203 9,541 2.1% 470,729 (2,474) (0.5%)
Other Revenue 328,300 198,975 (129,325) (39.4%) 206,725 7,750 3.9%
53,342,407 56,521,455 3,179,048 6.0% 58,827,476 2,306,021 4.1%
2023 2024 Percent 2025 Percent
Expenses Adopted Proposed Difference Change Proposed Difference Change
Administration 4,963,366$ 5,431,719$ 468,353$ 9.4% 5,207,474$ (224,245)$ (4.1%)
Community Development 2,681,120 2,693,888 12,768 0.5% 2,820,246 126,358 4.7%
Police 18,162,956 19,676,668 1,513,712 8.3% 20,707,965 1,031,297 5.2%
Fire 6,985,897 7,440,405 454,508 6.5% 7,704,050 263,645 3.5%
Public Works 7,001,848 6,792,367 (209,481) (3.0%) 7,017,246 224,879 3.3%
Parks and Recreation 14,627,220 15,486,408 859,188 5.9% 16,070,495 584,087 3.8%
Transfers 20,000 - (20,000) (100.0%)- - 0.0%
54,442,407 57,521,455 3,079,048 5.7% 59,527,476 2,006,021 3.5%
Revenues Less Expenses (1,100,000)$ (1,000,000)$ 100,000$ (9.1%) (700,000)$ 300,000$ (30.0%)
2023 2024 Percent 2025 Percent
Fund Adopted Proposed Difference Change Proposed Difference Change
General Fund $54,442,407 $57,521,455 $3,079,048 5.7%$59,527,476 $2,006,021 3.5%
Debt 2,553,000 2,401,316 (151,684) (5.9%) 2,172,326 (228,990) (9.5%)
Capital Levy 400,000 400,000 - 0.0% 400,000 - 0.0%
Total City Budget $57,395,407 $60,322,771 $2,927,364 5.1%$62,099,802 $1,777,031 2.9%
2023 2024 Percent 2025 Percent
Fund Adopted Proposed Difference Change Proposed Difference Change
General Fund 41,956,284$ 44,337,436$ 2,381,152$ 5.7% 46,565,306$ 2,227,870$ 5.0%
Capital I mprovement Fund 400,000 400,000 - 0.0% 400,000 - 0.0%
Debt Levy 2,553,000 2,401,316 (151,684) (5.9%) 2,172,326 (228,990) (9.5%)
Sub-total 44,909,284 47,138,752 2,229,468 5.0% 49,137,632 1,998,880 4.2%
Less Fiscal Disparity Distribution (2,477,021) (2,316,660) 160,361 (6.5%) (2,316,660) - 0.0%
Total Levy 42,432,263$ 44,822,092$ 2,389,829$ 5.6% 46,820,972$ 1,998,880$ 4.5%
2020 2021 2022 2023 2024
Market Value $11.1 Billion $11.4 Billion $11.7 Billion $13.4 Billion $14.3 Billion
Adjusted Net Tax Capacity $116,554,959 $120,595,985 $122,841,504 $143,680,523 $154,073,269
City Tax Rate 31.51%31.43%32.32%28.90%28.47%
Percent
Property Type 2022/2023 2023/2024 Difference Change
Residential ($536,400)1,528$ 1,589$ 61$ 4.0%
Apartment ($5M)17,494$ 18,130$ 636$ 3.6%
Commercial ($2M)6,618$ 6,792$ 174$ 2.6%
Source – League of MN Cities
Final 2023 Tax Levy
Eden Prairie 4.50%
Maple Grove 4.90%
Eagan 6.00%
Woodbury 6.50%
Blaine 6.50%
Plymouth 6.52%
Minnetonka 6.74%
Saint Louis Park 6.83%
Apple Valley 7.40%
Bloomington 9.15%
Brooklyn Park 9.70%
Edina 9.89%
Lakeville 11.75%
Burnsville 12.90%
Average 7.81%
Source – League of MN Cities
Proposed Preliminary 2024 Tax Levy
Eden Prairie 5.60%
Coon Rapids 6.75%
Eagan 6.90%
Saint Louis Park 7-9%
Burnsville 7.60%
Minnetonka 7.75%
Maple Grove 7.89%
Plymouth 8.00%
Apple Valley 8.40%
Lakeville 9-10%
Bloomington 9.5%
Edina 9.89%
Average 7.70%
-20.0%
0.0%
20.0%
40.0%
60.0%
80.0%
100.0%
Comparable Cities Levy % Increase 2006-2021
2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021
September 5 — Council adopts 2024 preliminary tax levy and budget
November 14 — Further budget discussion and review including Enterprise and
Utility Operations
December 5 — Public Meeting and adoption of final budget and tax levy
CITY COUNCIL AGENDA
SECTION: Report of Public Works Director
DATE:
September 5, 2023
DEPARTMENT/DIVISION:
Robert Ellis
Public Works
ITEM DESCRIPTION: I.C. 23818
Sustainable Building Standard
ITEM NO.:
XIV.E.1.
Requested Action
No Action Synopsis The draft Sustainable Building Standard (SBS) aims to reduce greenhouse gas emissions (GHG) from
newly constructed residential and commercial buildings. The SBS would require new commercial and multifamily construction projects, and additions over 10,000 SF, seeking financial or land use incentive from the City to meet third-party green building rating system standards as well as city specific requirements for GHG predicted emissions, electric vehicle charging, and solar installation or readiness. Third-party green rating systems include LEED Silver or higher, B3 Guidelines, or Enterprise Green
Communities standards. Single family development projects seeking financial or land use incentive from the City would not need to meet third-party green building rating system standards but would be required to provide electric vehicle charging capabilities and solar installation or readiness.
Background Information The City of Eden Prairie adopted a Climate Action Plan (CAP) in 2020. The CAP established a goal of zero greenhouse gas emissions (GHG) communitywide by 2050. One of the largest contributors of GHG
comes from residential and commercial building emissions. The CAP identified strategies of adopting a green building policy, encouraging LEED and Net Zero certification, requiring newly constructed buildings to be solar ready, and requiring new developments to install charging stations or be EV ready to help reduce GHG from residential and commercial buildings. The draft Sustainable Building Standard implements all of these strategies.
Attachment Draft Sustainable Building Standard
City of Eden Prairie, Minnesota Policy Number:
Department – Public Works Adoption Date:
SUSTIANBLE BUILDING STANDARD Revised Date:
VISION AND PURPOSE
The Eden Prairie community is dedicated to building a sustainable environment where current and
future generations benefit from climate and community resiliency as reflected in the City’s Climate
Action Plan, which includes the goal of being a carbon neutral city by 2050. Since the built environment
is a significant contributor to Eden Prairie’s carbon footprint, it is important that new developments
minimize emissions and environmental impact during construction and operations. The Climate Action
Plan has the established following goals related specifically to development:
• 5% of new construction is net zero energy by 2030, 80% by 2040, 100% by 2050
• 5% of electricity load met with on-site solar by 2025, 10% by 2030
• 30% of passenger vehicles are EV by 2030, 50% by 2040, 100% by 2050
For developments that seek City financial or zoning incentives, it is reasonable that they meet set
sustainability requirements in service to those goals. As such, the City of Eden Prairie adopts the
following Sustainable Building Standard.
DEFINITIONS
For the purposes of this Standard, the following words and phrases shall have the following meanings:
1. “Coordinator” means the Sustainability Coordinator or their designee.
2. “Developer” means the entity, whether public or private, that undertakes New Construction projects,
and to whom the provisions of this Standard apply.
3. “EV-Capable” means the presence of electrical panel capacity with dedicated branch circuit and a
continuous raceway from the panel to the future electric vehicle parking spot.
4. “EV-Installed” means the presence of Level 2 electric vehicle charging stations.
5. “EV-Ready” means the presence of electrical panel capacity with dedicated branch circuit and a
continuous raceway with conduit terminating a junction box or 240-volt charging outlet at the future
electric vehicle parking spot.
6. “Level 2” electric vehicle charging capability is considered medium charging and means chargers with
voltage greater than 120 and includes 240.
7. “New Construction” means the planning, design, construction and commissioning of a new building
2,000 square feet or greater (gross), or an addition of at least 10,000 square feet (gross) to an existing
building if such addition requires installation of new mechanical, ventilation, or cooling systems.
8. “Solar-Ready” means designed and built to facilitate future installation of solar systems on the
building’s rooftop to significantly improve the economics of the investment as defined by the selected
Sustainable Building Rating System guidelines. For One-Family Residential, or Multi-Family Residential
with Two to Four Dwelling Units, use the ICC International Residential Code (IRC) Solar-Ready
Provisions for most recent version.
APPLICABILITY
This Standard applies to all New Construction projects as follows:
1. Public buildings owned or operated by the City of Eden Prairie or the HRA.
2. Private buildings rezoned with Planned Unit Development (PUD) District zoning.
a. Private buildings rezoned with PUD zoning that only request a density waiver and no
additional waivers are not subject to this Standard.
3. Private buildings receiving Financial Assistance.
a. Financial Assistance means funds for New Construction projects provided by agreement
from the City of Eden Prairie or HRA, including:
i. Tax Increment Financing (TIF)
ii. Conduit Bonds
iii. Met Council LCA
iv. Hennepin County Grants
v. Other funds that are available to the City of Eden Prairie and HRA
4. All other private development is not subject to the Sustainable Building Standard.
STANDARD REQUIREMENTS
For Multi-Family Residential (5 or More Dwelling Units), Office, Commercial, Town Center, Transit
Oriented Development, Mixed Use, Flex Service, or Industrial Developments
New Construction projects to which this standard applies are required to 1) be certified under an eligible
Sustainable Building Rating System at the listed rating level, and 2) must meet the standards set forth in
the Eden Prairie Overlay.
1. Sustainable Building Rating System means any of the following:
a. LEED Building Design and Construction (LEED BD+C) or LEED Residential BD+C Multifamily
i. Certified Silver, Gold, or Platinum
b. State of Minnesota B3 Guidelines
i. Certified Complaint
ii. Projects with <20,000 gross square feet can utilize B3 Small Buildings Method
where applicable.
c. Enterprise Green Communities (with MN Housing Overlay where applicable)
i. Certification or Certification Plus
d. Equivalent rating system with prior approval from the Coordinator.
The most recent or current iteration of the rating system in existence at the time of
development application must be utilized.
2. The Eden Prairie Overlay are specific measurable standards that New Construction projects must
include regardless of the Sustainable Building Rating System selected. The Eden Prairie Overlay
requires:
a. Building greenhouse gas emission predictions
i. Calculated and reported, using an agreed upon methodology.
b. Electric vehicle charging capability
i. The percentage of parking spaces required at each level of capability based on
the type of development are as follows:
Type of Land Use EV-Installed (Fully
Operational Day 1)
EV-Ready EV-Capable
Multi-Family Residential
*^
5% 20% 20%
Commercial* 1% 2% 2%
Office/Industrial* 2% 5% 5%
* Allow substitution of up to 5 Level 2 Chargers with 1 direct current fast charger installation.
*Minimum of one EV-Installed space shall be accessible.
^Nursing homes, assisted living, memory care, or convalescent care must install 1 accessible
electric vehicle charger for visitor/staff use but are otherwise exempt.
c. Renewable energy
i. At a minimum, project must meet Solar-Ready guidelines.
ii. Conduct an economic and technical evaluation of providing up to 5% of building
energy load with on-site renewables.
iii. Install if cost-effective using a simple payback for 15 years. Cost calculations must
be shared with Coordinator if exceeds 15-year payback.
For One-Family Residential, or Multi-Family Residential with Two to Four Dwelling Units
1. New Construction projects to which this standard applies are required to 1) install one EV-Ready
parking space per dwelling unit, and 2) build roof to meet Solar-Ready guidelines.
COMPLIANCE
1. For any projects to which this Standard applies, compliance must be a condition of the receipt of
Financial Assistance and/or Planned Unit Development approval.
2. Buildings will not advance to the next stage of construction or operation, including necessary
permit issuance, without demonstrated ongoing compliance with this Standard.
3. The requirements of this Standard may be waived, in whole or in part, by the Coordinator after
consideration of the advantages and disadvantages of a waiver, and upon demonstration by the
developer of a compelling public purpose. Decisions on waivers may be appealed to the City
Council. This Standard may be amended or discontinued without prior notice.
Sustainable
Building
Standard
City Council Meeting
September 5, 2023
Planned
Emissions
Reduction
-
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
Fuel Switching
Travel Strategies
Waste Reduction & Diversion
June 13, 2023 2
Cities with a Standard in MN
Duluth Edina
Maplewood
Northfield
Rochester
St. Louis
Park
Saint Paul
3
Sustainable Building Standard Make Up
SEP Update 2023 4
Third-party green building rating system
City Specific Requirements
Eden PrairieSustainable Building Standard
Third-Party Green Rating System Options
Commercial/
Mixed-Use
Silver LEED +
B3 Guidelines
Multi-family
Silver LEED +
B3 Guidelines
Green Communities
5
Why use a third-party ratings system?
SEP Update 2023
Enables third-party verification of compliance
All go above and beyond existing building code
6
Third party systems are familiar to architects and engineers
Average
Upfront Cost
Increase for
LEED
Certified
Projects
Certified Silver Gold Platinum Average
0.0% - 1.0%2.0% – 2.5%1.4% - 8.0%6.0% - 9.5%2.0%
7
Sources: Massachusetts Technology Collaborative, Journal of Sustainable Real Estate,
Renewable & Sustainable Energy Reviews
Market and
Investment
Value of
LEED
Certified
Projects
8
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
9
Source: District of Columbia Office of Revenue Analysis
City Specific Requirements
SEP Update 2023 10
Third-party green building rating system
City Specific
Requirements
Eden PrairieSustainable Building Policy
City Specific Requirements
SEP Update 2023
Built in Electric Vehicle Charging Capability
Built in Solar Energy Capability
11
Electric
Vehicle
Charging
Capability
12
Type of Land Use EV-Installed (Fully
Operational Day 1) EV-Ready EV-Capable
One to Four Family
Dwelling 0 1 0
Multi-Family
Residential *^5%20%20%
Commercial*1%2%2%
Office/Industrial*2%5%5%
* Allow substitution of up to 5 Level 2 Chargers with 1 DC fast charger.
^ Nursing homes, assisted living, or memory care must install 1 accessible
electric vehicle charger for visitor/staff use but are otherwise exempt.
Solar
Energy
Capability
13
•Build to solar-ready standard
• Roof layout/material
• Electrical conduit/space for meter
•Evaluate feasibility of sourcing up to 5% of energy
•Install if cost-effective using a payback of 15 years
What would trigger application of the
Sustainable Building Standard in a project?
• Any new construction project of 2,000 SF or more
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.
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Types of Financial or Land Use Incentives
FINANCIAL INCENTIVE
•Tax Increment Financing
•Conduit Bonds
•Met Council LCA Grant
•Hennepin County Grants
•Other funds available to City
LAND USE INCENTIVE
•Planned Unit Development Zoning
(exemption for density waiver)
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City
Sustainable
Building
Standard
Comparison
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%
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Sustainable Building Standard Implementation
Timeline
• September 19, 2023 Policy Adoption
•January, 2024 Development Applications
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Questions?