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City Council - 09/19/2023
AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, SEPTEMBER 19, 2023 CITY CENTER 5:00 – 6:25 PM, HERITAGE ROOMS 6:30 – 7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Ron Case, Council Members Kathy Nelson, Mark Freiberg, PG Narayanan, and Lisa Toomey CITY STAFF: City Manager Rick Getschow, Police Chief Matt Sackett, Fire Chief Scott Gerber, Public Works Director Robert Ellis, Community Development Director Julie Klima, Parks and Recreation Director Jay Lotthammer, Administrative Services/HR Director Alecia Rose, Communications Manager Joyce Lorenz, City Attorney Maggie Neuville, and Recorder Sara Aschenbeck Workshop - Heritage Rooms I and II (5:30) I. RACE EQUITY INITIATIVE IMPLEMENTATION UPDATE (5:30 – 6:10 p.m.) II. PICKLEBALL UPDATE (6:10 – 6:30 p.m.) Open Podium - Council Chamber (6:30) III. OPEN PODIUM IV. ADJOURNMENT EDEN PRAIRIE RACE EQUITY INITIATIVE IMPLEMENTATION UPDATE COUNCIL WORKSHOP SEPTEMBER 19, 2023 Race Equity Action Team (REAT) REFRESHING OUR MEMORY… Mission As the Eden Prairie Race Equity Action Team (REAT), we are committed to facilitating progress as we work collectively to promote diversity, equity and inclusion within our organization and the community we serve. EngagementAccountabilityCollaboration Race Equity Action Team (REAT) •Identify, track and develop metrics of success for implementation goals •Report progress of implementation goals to internal and external stakeholders •Provide professional development opportunities •Create opportunity for collaboration and sharing between departments Activities Race Equity Implementation Progress Dashboard Development: All departments documented race equity efforts occurring within their department’s work plan Department efforts were compiled into an online Implementation Tracking Dashboard Provides: Centralized information on citywide race equity efforts Public access to learn about City’s progress Available online at edenprairie.org/DEIProgress 2023 Equity and Inclusion Survey Conducted during Summer 2023 Similar questions to the 2020 Equity and Inclusion Survey Who Participated? 565 respondents Participant’s racial demographics mirror community demographics Disaggregated data available 2023 Equity and Inclusion Survey What did we learn? Please rate the Eden Prairie community on each of the following:Making all residents feel welcome 81% responded “good” or “excellent” (6% increase from 2020 Survey) Don’t Know 8% Fair 9% Good 34% Excellent 47% Poor 3% 2023 Equity and Inclusion Survey What did we learn? Please rate the Eden Prairie community on each of the following:Valuing residents from diverse backgrounds 74% responded “good” or “excellent” (9% increase from 2020 survey) Excellent 45% Good 29% Fair 11% Don’t Know 13% Poor 4% 2023 Equity and Inclusion Survey What did we learn? Please rate the Eden Prairie community on each of the following:Demonstrating respect for residents of different cultures and belief systems 77% responded “good” or “excellent” (7% increase from 2020 survey) Excellent 45% Good 32% Fair 11% Don’t Know 8% Poor 4% Census Data Dashboard – Internal Tool Professional Development Designed to: Provide foundational knowledge Explore community characteristics Develop cultural competency Limited English Proficiency (LEP) Policy Purpose The City of Eden Prairie seeks to eliminate or reduce barriers to its programs and services for people who have a limited ability to speak, write and/or understand the English language. Process Gathered input from REAT members and other City employees Researched city, county, state and federal LEP policies Developed policy with feedback from department directors and City manager Started process for rolling out translation and interpretive service to employees Community Engagement QUESTIONS AND CONVERSATION Pickleball Update City Council Workshop September 19, 2023 Agenda History and Court Configurations Pickleball Cultures Additional Court Recommendations Pickleball Court History 2009 - 2 courts lined at Pioneer Park 2009 – 4 indoor courts at EPCC 2012 - Expansion to 6 courts at Pioneer Park 2015 - 4 Courts at Riley Lake Park 2015 - 4 Courts at Franlo Park 2018 - 8 Courts at Staring Lake Park 2023 - Pioneer Reconstruct Current Court Total = 18 dedicated, 4 dual / lighted, and 4 indoor Pickleball Cultures Different than tennis Group play Feedback from different locations Miller Park Current Conditions / Planning Efforts Outdoor vs. Indoor Facility Outdoor vs. Indoor Outdoor $1.8 - $2m (Cash Park Fees) Benefits: Less expensive upfront, helps address court demands Challenges: Seasonal use, decreased lifespan of courts, no use on rainy or windy days, sun and heat issues Indoor $13m (Cash Park Fees = $6.5m) (Bonds = $6.5m) $580,000 annual bond payments over 20 years Benefits: An affordable indoor opportunity, longer lifespan of courts, fits the site, revenue producing, relieves pressure on epcc gym, a renowned community amenity Challenges: Upfront Cost Questions / Feedback AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, SEPTEMBER 19, 2023 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Ron Case, Council Members Kathy Nelson, Mark Freiberg, PG Narayanan, and Lisa Toomey CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Julie Klima, Parks and Recreation Director Jay Lotthammer, and City Attorney Maggie Neuville I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS / PRESENTATIONS A. ACCEPT DONATION FROM CHARLOTTE BRUENING FAMILY FOR SENIOR CENTER GARDEN AREA (Resolution) V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, SEPTEMBER 05, 2023 B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 05, 2023 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK’S LIST B. ADOPT RESOLUTION DECLARING COSTS, ORDERING PREPARATION OF 2023 SPECIAL ASSESSMENT ROLL, AND SET HEARING DATE C. APPROVE SUSTAINABLE BUILDING STANDARD FOR INCLUSION IN THE CITY OF EDEN PRAIRIE POLICIES AND PROCEDURES D. APPROVE PERPETUAL RIGHT-OF-WAY EASEMENT AGREEMENT AT 15800 VALLEY VIEW ROAD E. APPROVE DEED AND LETTER REGARDING ACCESS FOR 7170 CITY COUNCIL AGENDA September 19, 2023 Page 2 BRYANT LAKE DRIVE F. APPROVE CONTRACT FOR CONSTRUCTION MANAGER SERVICES WITH KRAUS-ANDERSON FOR POLICE DEPARTMENT PROJECT G. APPROVE QUOTE AND AUTHORIZE PURCHASE AND IMPLEMENTATION OF HP SERVERS AT COMMUNITY CENTER DATA CENTER (DISASTER RECOVERY SITE) FROM XIGENT SOLUTIONS, LLC H. APPROVE QUOTE AND AUTHORIZE PURCHASE AND IMPLEMENTATION OF STORAGE AREA NETWORK FROM XIGENT SOLUTIONS, LLC I. APPROVE AMENDMENT TO ANIMAL IMPOUND SERVICES AGREEMENT WITH CITY OF BLOOMINGTON J. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO FOR FINAL DESIGN FOR HOMEWARD HILLS SANITARY SEWER REPLACEMENT PROJECT IX. PUBLIC HEARINGS / MEETINGS A. THREE OAKS ESTATES by Nathan Haasken. First Reading of Ordinance for Zoning District Change from Rural to R1-9.5 and Parks Open Space on 5.06 acres, Resolution for Preliminary Plat for 5 lots and one outlot on 5.06 acres, and Resolution for Finding of Fact in support of Park Dedication fees. (Ordinance for Zoning District Change from Rural to R1-9.5 and Parks and Open Space, Resolution for Preliminary Plat, Resolution for Findings of Fact in Support of Park Dedication Fees) B. KINSLEY TOWNHOMES by Pulte Homes. Resolution for Planned Unit Development Concept Review on 6.13 acres, First Reading of an Ordinance for Planned Unit Development with waivers and a Zoning District Change from Rural to RM-6.5 on 6.13 acres, Resolution for Preliminary Plat of two parcels into 43 lots, one outlot and Right of Way on 6.13 acres, Resolution for Findings of Fact in support of Park Dedication Fees. (Resolution for PUD Concept Review, Ordinance for PUD District Review and Zoning District Change from Rural to RM-6.5, Resolution for Preliminary Plat and Resolution for Findings of Fact in support of Park Dedication Fees) X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS, AND COMMUNICATIONS CITY COUNCIL AGENDA September 19, 2023 Page 3 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 ANNOTATED AGENDA DATE: September 15, 2023 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, September 19, 2023 ___________________________________________________________________________________________ TUESDAY, SEPTEMBER 19, 2023 7:00 PM, COUNCIL CHAMBER I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION Open Podium is an opportunity for Eden Prairie residents to address the City Council on issues related to Eden Prairie city government before each Council meeting, typically the first and third Tuesday of each month, from 6:30 to 6:55 p.m. in the Council Chamber. If you wish to speak at Open Podium, please contact the City Manager’s Office at 952.949.8412 by noon of the meeting date with your name, phone number, and subject matter. Open Podium is not recorded or televised. If you have questions about Open Podium, please contact the City Manager’s Office. IV. PROCLAMATIONS / PRESENTATIONS A. ACCEPT DONATION FROM CHARLOTTE BRUENING FAMILY FOR SENIOR CENTER GARDEN AREA (Resolution) Synopsis: This donation will go towards the continued maintenance of the Senior Center garden area. MOTION: Adopt Resolution accepting the donation of $465 from the family of Charlotte Bruening towards the maintenance of the Senior Center garden area. 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, SEPTEMBER 05, 2023 B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 05, 2023 ANNOTATED AGENDA September 19, 2023 Page 2 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-J on the Consent Calendar. A. CLERK’S LIST B. ADOPT RESOLUTION DECLARING COSTS, ORDERING PREPARATION OF 2023 SPECIAL ASSESSMENT ROLL, AND SET HEARING DATE C. APPROVE SUSTAINABLE BUILDING STANDARD FOR INCLUSION IN THE CITY OF EDEN PRAIRIE POLICIES AND PROCEDURES D. APPROVE PERPETUAL RIGHT-OF-WAY EASEMENT AGREEMENT AT 15800 VALLEY VIEW ROAD E. APPROVE DEED AND LETTER REGARDING ACCESS FOR 7170 BRYANT LAKE DRIVE F. APPROVE CONTRACT FOR CONSTRUCTION MANAGER SERVICES WITH KRAUS-ANDERSON FOR POLICE DEPARTMENT PROJECT G. APPROVE QUOTE AND AUTHORIZE PURCHASE AND IMPLEMENTATION OF HP SERVERS AT COMMUNITY CENTER DATA CENTER (DISASTER RECOVERY SITE) FROM XIGENT SOLUTIONS, LLC H. APPROVE QUOTE AND AUTHORIZE PURCHASE AND IMPLEMENTATION OF STORAGE AREA NETWORK FROM XIGENT SOLUTIONS, LLC I. APPROVE AMENDMENT TO ANIMAL IMPOUND SERVICES AGREEMENT WITH CITY OF BLOOMINGTON J. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO FOR FINAL DESIGN FOR HOMEWARD HILLS SANITARY SEWER REPLACEMENT PROJECT IX. PUBLIC HEARINGS / MEETINGS A. THREE OAKS ESTATES by Nathan Haasken. First Reading of Ordinance for Zoning District Change from Rural to R1-9.5 and Parks Open Space on 5.06 acres, Resolution for Preliminary Plat for 5 lots and one outlot on 5.06 acres, and Resolution for Finding of Fact in support of Park Dedication fees. (Ordinance for Zoning District Change from Rural to R1-9.5 and Parks and Open Space, Resolution for Preliminary Plat, Resolution for Findings of Fact in Support of ANNOTATED AGENDA September 19, 2023 Page 3 Park Dedication Fees) Synopsis: The applicant is requesting approval to develop 9614 Crestwood Terrace into five (5) single-family lots and one (1) outlot. The parcel is located south of Pioneer Trail and is currently vacant. The property is bordered by single- family development on the north, east, and west sides and parks and open space on the south side. With a gross density of approximately 1 unit per acre, the project is consistent with the Low-Density Residential guiding. The applicant is requesting to rezone the property from Rural to R1-9.5. Additionally, the City, which will take ownership of the outlot, is requesting the parcel be rezoned from Rural to Parks and Open Space. MOTION: Move to: • Close the public hearing; and • Approve the first reading of the ordinance for a Zoning District Change from Rural to R1-9.5 and Parks and Open Space on 5.06 acres; and • Adopt Resoltuion for a Preliminary Plat to divide one lot into five lots and one outlot on 5.06 acres; and • Adopt a Resolution for the Findings of Fact in Support of Park Dedication Fees; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions B. KINSLEY TOWNHOMES by Pulte Homes. Resolution for Planned Unit Development Concept Review on 6.13 acres, First Reading of an Ordinance for Planned Unit Development with waivers and a Zoning District Change from Rural to RM-6.5 on 6.13 acres, Resolution for Preliminary Plat of two parcels into 43 lots, one outlot and Right of Way on 6.13 acres, Resolution for Findings of Fact in support of Park Dedication Fees. (Resolution for PUD Concept Review, Ordinance for PUD District Review and Zoning District Change from Rural to RM-6.5, Resolution for Preliminary Plat and Resolution for Findings of Fact in support of Park Dedication Fees) MOTION: Move to: • Close the public hearing; and • Adopt a Resolution for a PUD Concept Plan Review on 6.13 acres; and • Approve the first reading of the ordinance for PUD District Review with waivers and a Zoning District Change from Rural to RM-6.5 on 6.13 acres; and • Adopt a Resolution for Preliminary Plat to divide two parcels into 43 lots and one outlot on 6.13 acres; and • Adopt a Resolution for Findings of Fact in support of [next page] ANNOTATED AGENDA September 19, 2023 Page 4 Park Dedication Fees; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions 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 C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. CITY COUNCIL AGENDA SECTION: Proclamations and Presentations DATE: Sept. 19, 2023 DEPARTMENT / DIVISION: Jay Lotthammer, Director, Parks and Recreation ITEM DESCRIPTION: Donation from Charlotte Bruening family to Senior Center garden area. ITEM NO.: IV.A. Requested Action Move to: Adopt Resolution accepting the donation of $465 from the family of Charlotte Bruening towards the maintenance of the Senior Center garden area. Synopsis This donation will go towards the continued maintenance of the Senior Center garden area. Background Charlotte Bruening, a long-time resident and Senior Center participant, was instrumental in creating the garden area in the back of the Senior Center. The area has become the backdrop of the annual Senior Center Garden Party. The Eden Prairie Senior Center generates several hundred visits per week for drop-in programs, enrichment classes, fitness opportunities and social events. Participation had shown significant annual growth and the community’s use of this resource is expected to continue to increase in the coming years. The mission of the Eden Prairie Senior Center is to provide for social, recreational, educational, psychological, and physical needs; enhance the visibility of older adults; and promote their participation in all aspects of community life. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2023-___ RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City of $465 to be used towards the maintenance of the Senior Center garden area from the family of Charlotte Bruening is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 19th day of September, 2023. ___________________________ Ronald A. Case, Mayor ATTEST: ___________________________ Nicole Tingley, City Clerk UNAPPROVED MINUTES 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 Case welcomed guests from local nonprofit organizations. Getschow stated tonight’s discussion will focus on housing and food insecurity. The Council’s goal is learning more about City constituents served by each nonprofit organization. Eddy stated PROP Shop serves over 13 thousand clients, including 3,347 families and 5 thousand kids. PROP Shop is open 32 hours per week and serves eight to ten families per day. The need for beds and dressers has drastically increased. PROP Shop is currently coordinating its annual school winter coat drive, which provides 700 winter coats to school aged children. The need for winter coats has increased 25 percent this year. PROP Shop has 3,700 volunteers, including 740 kids. Toomey inquired what percentage of constituents served by PROP Shop are from Chanhassen. Eddy responded between one and one and one-half percent. Wright stated Onward’s mission is to help adults experiencing homelessness by providing stable housing and support. Onward was founded 5 years ago and has provided housing to 17 young adults. Onward has one four-bedroom single family home in the City. A program manager works with residents to set career, education, and life goals. Wright shared the story of an Onward resident who had been estranged from their parents and struggled to afford necessities. As Onward charges $300 per month in rent, the resident could reduce their working hours to focus on school. During their time at Onward they received a nursing degree and used Onward resources to create a resume and City Council Workshop Minutes September 5, 2023 Page 2 apply for jobs. Half of the rent paid is saved for the resident to access when they leave. One of Onwards largest challenges is having only one home for four residents at a time. 20 individuals apply for each opening. Onward’s goal is to add a second home and launch an independent living program for residents who have recently departed Onward house. Financial support is needed to realize these goals. Another challenge is lack of awareness about homelessness in a community perceived as affluent. Vossen explained Meals on Wheels is volunteer run and operates in Bloomington and Eden Prairie. It serves seniors and the disabled but does not turn anyone away and will locate available resources. Meals on Wheels fed 40 thousand people last year. Some clients pay for the service to remain independent as they age. Meals on Wheels utilizes a sliding fee scale, and veterans receive free meals. The largest growing client group is clients needing free meals due to food price inflation. 20 of 21 new clients need partial or full financial assistance. Narayanan asked how many Eden Prairie clients Meals on Wheels serves. Vossen stated Meals on Wheels brings 150 meals to Eden Prairie every Tuesday with the help of six volunteers. A decline in volunteers during COVID caused Meals on Wheels to modify its delivery schedule to frozen meals once a week. Vossen’s goal is to return to daily hot meal delivery. Case inquired how the number of Eden Prairie residents compared to the number of Bloomington residents. Vossen confirmed Meals on Wheels delivers over 100 hot meals daily in Bloomington. Burkhow stated Senior Community Services (SCS) helps seniors stay in and maintain their homes. There is a team of licensed social workers to connect seniors to community resources. SCS helps seniors who live by themselves use technology to stay connected to decrease loneliness and isolation. SCS also provides resources to caregivers, who often have full time jobs or are seniors themselves. Caregivers can use the web-based tool Carenection to form a care team, organize tasks, keep journal entries detailing visits, and share information with out of town loved ones. SCS is experiencing a difficulty finding volunteers and could benefit from using the City’s communication channels to share services and need for volunteers. Case inquired how many City residents SCS serves. Burkhow confirmed about 100 Eden Prairie clients are served per year directly or indirectly. Loon stated PROP is primarily a food shelf, and provides short term emergency financial support for housing, car repair, childcare, and utility payments. PROP provides youth scholarships, employment counselors, therapists, nutrition coaching, and financial counseling. PROP has the capacity to offer 720 food appointments per month, an increased from 400 monthly appointments in early 2022. Seven clients can visit the food shelf in each 30-minute timeslot. PROP will add a new shift in October to increase monthly food appointments offered to 820. Clients may schedule up to two appointments per month, however PROP often does not have enough availability for each client to visit twice a month. Demand for PROP services is growing. 5,785 Eden Prairie households visited PROP in the fiscal year ending June 30, 2023, a 37 percent increase from the prior year. Case inquired how many of those visits were unique households. Loon confirmed there were 788 unique households and 2,590 unique individuals. City Council Workshop Minutes September 5, 2023 Page 3 Loon explained PROP partners with Second Harvest Heartland, which requires food shelves serve any visitor regardless of residency. PROP visitors from other cities have increased as compared to several years ago when PROP only served Eden Prairie and Chanhassen. The price increase of basic living costs has created a greater demand for food support. Most food shelves have gone to appointment only service after COVID. Those in need will visit the location with the first available appointment. PROP has emergency boxes for clients with an immediate need. Case inquired if there is a tracking system for individuals visiting multiple food shelves. Loon confirmed there is not. 77 percent of PROP clients live in Eden Prairie, a slight decrease from the prior year. Narayanan asked if the number of PROP clients living in the City has remained stable. Loon confirmed the number of clients served is increasing, including Eden Prairie residents. Eden Prairie clients have grown 28 percent. Nelson inquired how many Eden Prairie families visit PROP. Loon confirmed PROP served 871 Eden Prairie households in the most recent fiscal year. Loon noted the demand for housing support has significantly increased. Families are behind several months of rental payments. PROP can help with one to two months of rental payments, but clients are often behind thousands of dollars. PROP partners with the County and other support agencies to create payment plans with landlords. Narayanan inquired what type of housing PROP clients occupy. Loon confirmed 99 percent of PROP clients are renters. In the fiscal year ended June 30, 2022, 48 of 60 households receiving housing support were in Eden Prairie. In the most recent fiscal year, 70 of 81 households receiving housing support were in Eden Prairie. Toomey inquired how PROP funds housing support for clients. Loon stated PROP’s largest source of funds is donations from individuals. The City provides $30 thousand in Community Development Block Grants. United Way provides $14 thousand of federal emergency family support program funding. PROP also applies for grants from major foundations. PROP is significantly exceeding its housing budget and has placed limits on clients receiving repeated housing support. An increasing number of clients are living in their car as the shelter systems are full. PROP has funded more short- term hotel stays in the past few months than ever before. Nelson inquired what percentage of PROP families have school aged children in the home. Loon confirmed 32 percent of the Eden Prairie population receiving food services are children, and 22 percent receiving non-food services are children. Case expressed his appreciation for each organization. He asked for more information on background of Eden Prairie clients and the cause of increased need. Eddy responded inflation, in addition to an increase in refugee families coming to the City with nothing. Loon seconded new immigrant families as an increasing trend, especially Spanish speakers. Many clients are living with family or sharing a rental unit with multiple families. Narayanan asked for the demographic split of clients served. Loon stated 18 percent are African American, 3 percent are Asian, 28 percent are Caucasian, 29 percent are Hispanic, 5 percent are Russian or Eastern European, and 7 percent are Somali or East African. Narayanan asked which demographic categories have increased. Loon responded Hispanic clients. Nelson inquired if any demographics have decreased. Loon stated while some families graduate beyond needing PROP assistance, it is not demographic specific. City Council Workshop Minutes September 5, 2023 Page 4 Toomey inquired how many employees PROP and PROP Shop have. Loon responded 12. Eddy responded 17. Case inquired if PROP or PROP Shop ever discover concerning information about a client’s safety indicating need for Police or Fire intervention. Loon stated the City has been helpful in providing guidance when needed. Police spoke with volunteers about de-escalation tactics when PROP increased the number of clients per food appointment timeslot. Case asked Gerber and Sackett if Police and Fire refer individuals to PROP and PROP Shop. Sackett stated yes, Police has a longstanding good relationship with both organizations. Gerber noted Police and Fire refer frequently visited households to vetted community service resources. Case inquired if the City connects panhandlers to community services. Sackett noted the embedded social worker provides community service information to panhandlers, though they are often uninterested. Case asked Meals on Wheels, Onward, and SCS what their largest needs are. Vossen noted Meals on Wheels is looking to add another kitchen in Eden Prairie to prepare meals. Toomey stated she would contact St. Andrews Church, which has an additional kitchen in the basement. Burkhow said the largest obstacle for SCS is finding volunteers, especially for ongoing maintenance such as raking and shoveling snow. Toomey inquired if Eden Prairie High School still offers a varsity letter for volunteering. Eddy confirmed the school does. Wright highlighted the mental health crisis as increasing challenges for Onward. Narayanan asked how many individuals living at Onward house are Eden Prairie residents. Wright stated residents become embedded in the community once they live at Onward house, one current resident started school today at Eden Prairie High School. Narayanan noted volunteering at Meals on Wheels was an eye-opening experience. He inquired if the nonprofits could pinpoint one reason for the increased need. Eddy responded inflation. Loon responded it is a mixture of many items including inflation, job loss, mental health, and lack of access to healthcare. The Council thanked the nonprofit organizations for their time and insight. Open Podium - Council Chamber (6:30) II. OPEN PODIUM III. ADJOURNMENT UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, SEPTEMBER 5, 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. EDEN PRAIRIE SCHOOL DISTRICT 100 YEAR ANNIVERSARY PROCLAMATION Case read the proclamation declaring the Eden Prairie School District’s 2023-2024 school year as the 100 Year Anniversary of Eden Prairie Schools. Eden Prairie Superintendent Dr. Joshua Swanson noted there are a number of events planned throughout the schoolyear to celebrate the anniversary. B. ACCEPT DONATION FROM ELITE SPINE CHIROPRACTIC FOR FALL INTO FITNESS (Resolution No. 2023-84) Lotthammer explained the donation will go towards the Fall Into Fitness event at the Community Center. MOTION: Nelson moved, seconded by Toomey, to adopt Resolution No. 2023-84 accepting the donation in the amount of $250 from Elite Spine Chiropractic for Fall Into Fitness event. Motion carried 5-0. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS CITY COUNCIL MINUTES September 5, 2023 Page 2 Case added Item Report of Council Member, per the request of Narayanan. MOTION: Toomey moved, seconded by Nelson, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, AUGUST 15, 2023 B. CITY COUNCIL MEETING HELD TUESDAY, AUGUST 15, 2023 MOTION: Narayanan moved, seconded by Freiberg, to approve the minutes of the Council workshop held Tuesday, August 15, 2023, and the City Council meeting held Tuesday, August 15, 2023, as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. MENARDS BY MENARDS, INC. SECOND READING OF ORDINANCE NO. 14-2023-PUD-3-2023 FOR PLANNED UNIT DEVELOPMENT AMENDMENT WITH WAIVERS ON 15.72 ACRES; RESOLUTION NO. 2023-85 FOR SITE PLAN REVIEW; APPROVE DEVELOPMENT AGREEMENT 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 NO. 15-2023-PUD-4-2023 FOR ZONING CHANGE AND PUD DISTRICT REVIEW, RESOLUTION NO. 2023-86 FOR SITE PLAN REVIEW, RESOLUTION NO. 2023-87 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 CITY COUNCIL MINUTES September 5, 2023 Page 3 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 Case noted, referring to Consent Agenda Item C. Approve Nine Mile Creek Watershed District Second Amendment of The Declaration Of Covenants, Conditions, And Restrictions, the final project has much lower traffic impacts than previous considerations. There is also a large benefit to the community for housing offices of a watershed district. Nelson agreed the project is a great use, and the previous owner would be honored with the project. MOTION: Nelson moved, seconded by Freiberg, to approve Items A-I on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS / MEETINGS A. 2022 COMMUNITY DEVELOPMENT BLOCK GRANT CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) Getschow explained 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. Eden Prairie uses CDBG funds to support low-income housing. The City has spent all of its COVID-related CDBG funds, but those are still reflected in the four-year plan. Case pointed out the public hearing is an opportunity for community members to express their input regarding how the City spends its funds. There were no comments from the audience. MOTION: Nelson moved, seconded by Narayanan, to close the public hearing. Motion carried 5-0. CITY COUNCIL MINUTES September 5, 2023 Page 4 X. PAYMENT OF CLAIMS MOTION: Toomey 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.” XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. SOUTHWEST TRANSIT STATE FAIR RIDERSHIP Narayan noted he and Freiberg are Southwest Transit Commissioners. Southwest Transit transported over 77,000 passengers for the Minnesota State Fair. 91 percent of riders reported excellent or good feedback on the ride. Freiberg added 95 percent of riders stated they would ride with Southwest Transit again. B. REPORT OF CITY MANAGER 1. RESOLUTION NO. 2023-88 TO APPROVE PRELIMINARY TAX LEVY AND BUDGET Getschow explained 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. Getschow pointed out 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. Getschow showed a slide depicting resident feedback and positive responses regarding quality of life. CITY COUNCIL MINUTES September 5, 2023 Page 5 Getschow noted the budget includes three elections in 2024, evaluation of Fire Duty Crew staffing, firetruck and vehicle purchases, Police Station remodel, police recruitment initiatives, trail extensions, trail maintenance, opening of new Round Lake Building, continued public works infrastructure investments and sustainability initiatives, implementation of a Race Equity Plan, and housing programs and policies. Getschow showed a table with a brief overview of the general fund revenue budget. The proposed revenue for 2024 is $56,521,455, which is a 4.1 percent increase overall. There is a proposed 5.0 percent increase in tax revenue, which is the largest portion of the City’s revenue. Getschow showed a table with a brief overview of the general fund expenditure budget. There are a lot of inflationary pressures in insurance, payroll, and supplies. The overall proposed change is 3.5 percent. He showed a pie chart with 2024 budget changes. Almost 75 percent of all additional funds are for wages and benefits for employees. Getschow stated the proposed 2024-2025 proposed budget increase is 2.9 percent, and the proposed total levy is 4.5 percent. Proposed property tax impacts would be 4.0 percent for residential properties, 3.6 percent for apartments, and 2.6 percent for commercial properties. Each home has a different value, so the property tax impact varies by household. The City tax rate has been decreasing consistently over the years. Getschow showed a chart with 2023 tax levies for comparable suburbs, and Eden Prairie had the lowest tax levy at 4.5 percent. The preliminary 2024 tax levies show that Eden Prairie will likely still be the lowest tax levy. The average proposed preliminary levy for 2024 is 7.7 percent, while Eden Prairie’s preliminary proposed tax levy is 5.6 percent. Case noted setting the budget is the most important thing the Council does and reflects the personality of the people of Eden Prairie. The budget shows what the community values. Narayanan asked if Eden Prairie’s property values increasing at a faster rate than neighboring communities cause the levy to be lower. Getschow stated it is hard to say, and there may be an indirect tie. It depends on revenue sources, spending, and diversity of tax base. Also, the City is very careful about issuing debt. Nelson stated Eden Prairie has quality services, advanced capital planning, low taxes, green energy efforts which save money, and an amazing Staff. Narayanan stated hiring the best City Manager and Staff is another important effort of the Council. CITY COUNCIL MINUTES September 5, 2023 Page 6 MOTION: Narayanan moved, seconded by Nelson, to certify the proposed 2024 property tax levy to be $47,138,752, set December 5, 2023 at 7:00 p.m. as the meeting which will include discussion of the budget and provide for public comment, accept the proposed 2024 budget of $60,322,771, and consent and approve the HRA tax levy of $210,000. Motion carried 5-0. C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR 1. SUSTAINABLE BUILDING STANDARD Ellis explained the draft Sustainable Building Standard (SBS) aims to reduce greenhouse gas emissions (GHG) from newly constructed residential and commercial buildings. There are seven communities with a similar standard in Minnesota including Duluth, Edina, St. Louis Park, Northfield, Rochester, Maplewood, and Saint Paul. Bloomington is also moving down the path to implement a policy. Ellis stated third-party green rating systems include LEED Silver or higher, B3 Guidelines, or Enterprise Green Communities standards. The third-party systems are familiar to architects and engineers, enables third-party verification of compliance, and goes above and beyond existing building code. Ellis stated there would be about 2.0 percent increase in upfront cost for LEED certified projects, but higher standards would result in a higher increase in upfront costs. Studies have shown higher rent, higher average market sales prices, and the like for LEED- certified buildings. Ellis added City-specific requirements include electric vehicle charging capability, which breaks down into EV-capable, EV-ready, and EV-installed, and solar energy capability. The City looks for new builds to be built to solar-ready standard and for evaluation of feasibility of sourcing up to five percent of energy. The evaluation would be done during the development process, and the developer would show a cost-benefit analysis related to solar energy. Ellis stated 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. Ellis pointed out single-family development projects seeking financial or land use incentive from the City would not need to meet third-party green building rating system CITY COUNCIL MINUTES September 5, 2023 Page 7 standards but would be required to provide electric vehicle charging capabilities and solar installation or readiness. Freiberg noted he has a concern with the term “require” referring to solar-ready standard. Ellis explained there would be a Sustainability Coordinator that would oversee the process, and the developer has an option to repeal the requirement. Case stated the City requires certain elements of a developer such as parking numbers or tree replacement. He asked Freiberg what the difference would be with the solar- ready standard. Freiberg stated he doesn’t want to over-mandate developers, particularly with something potentially so expensive. Case stated the developer would only be required if there is a 15-year payback. Toomey stated most cities will likely move toward requiring sustainability standards. Ellis confirmed there is an increase in sustainability staffing and efforts throughout jurisdictions. Ellis noted other cities with SBS have a two percent requirement for solar-ready standards. The proposal for Eden Prairie is up to five percent, but the Council can consider alternatives. Nelson stated she is satisfied with the five percent. Businesses will someday need to have solar capabilities and the like in order to sell their buildings. Banks and developers are likely to support similar standards to ultimately save money, particularly because retrofitting is much more expensive. Therefore, the requirement from the City will likely help businesses rather than hinder them. Narayanan added the City will never meet its emissions goals without implementing similar initiatives. The developers have the opportunity to request a waiver for any building requirements, such as is done with parking from time to time. Toomey noted her agreement with Narayanan. The Council needs to look out for future generations. Case added the world is facing a climate crisis, and the proposed SBS would be a minor change for a significant impact long-term. It was the consensus of the Council for Staff to move forward with SBS as recommended by Staff. F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY CITY COUNCIL MINUTES September 5, 2023 Page 8 XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Narayanan moved, seconded by Toomey, to adjourn the meeting. Motion carried 5-0. Mayor Case adjourned the meeting at 8:32 p.m. Respectfully submitted, ________________________ Sara Aschenbeck, Administrative Support Specialist - 1 - CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: Sept. 19, 2023 DEPARTMENT/DIVISION: Christy Weigel, Police / Support Unit ITEM DESCRIPTION: Clerk’s License Application List ITEM NO.: VIII.A. These licenses have been approved by the department heads responsible for the licensed activity. Requested Action Motion: Approve the licenses listed below Gambling/Bingo Organization: Eden Prairie AM Rotary Place: Fat Pants Brewing Co 8335 Crystal View Road Date: December 6, 2023 Temporary Liquor Organization: Eden Prairie Lions Club Event: Harvest to Halloween Festival Date: October 14, 2023 Place: Riley Lake Park 9180 Riley Lake Road CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: Sept. 19, 2023 DEPARTMENT/DIVISION: Ashton Kogel Public Works / Engineering ITEM DESCRIPTION: Adopt Resolution Declaring Costs, Ordering Preparation of 2023 Special Assessment Roll, and Setting Hearing Date ITEM NO.: VIII.B. Requested Action Move to: Adopt resolution declaring costs to be assessed, ordering preparation of 2023 Special Assessment Hearing roll, and setting Hearing date. Synopsis A Special Assessment Hearing is conducted annually in late October or early November. The assessments levied are for projects which have reached the point of substantial completion since the previous hearing and supplemental assessments for such things as trunk utility assessments, connection fees and contracted removal assessments. This process is conducted in accordance with State Statutes and procedure developed with the assistance of the City Attorney. Attachments • Resolution • Exhibit A - 2023 Special Assessments CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2023-___ RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF 2023 SPECIAL ASSESSMENT ROLLS AND SETTING HEARING DATE WHEREAS, contracts have been let for the following listed improvements and the total project costs, including expenses incurred, or to be incurred and the City’s share, exclusive of that assignable to City Property, are established as shown on the attached Exhibit A. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: 1. The costs of such improvements to be specially assessed are hereby declared to be those as set forth in Exhibit A. 2. The City Clerk with the assistance of the City Engineer shall forthwith calculate the proper amount to be assessed for each improvement against every assessable lot, piece or parcel of land within the district affected without regard to cash valuation, as provided by law, and shall file a copy of such proposed assessment in the office of the City Engineer for public inspection. 3. A hearing shall be held on the 17th day of October 2023, at the Eden Prairie City Center, 8080 Mitchell Road, at 7:00 p.m., to pass upon such proposed assessments and at such time and place all persons owning property affected by such improvements will be given an opportunity to be heard with reference to such assessments. 4. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessments to be published once in the official newspaper at least two weeks prior to the hearing. The Clerk shall also cause mailed notice to be given to the owner of the record of each parcel described in the assessment roll not less than two weeks prior to the hearing. ADOPTED by the Eden Prairie City Council on September 19, 2023. Ronald A. Case, Mayor ATTEST: SEAL Nicole Tingley, City Clerk EXHIBIT A 2023 SPECIAL ASSESSMENTS September 19, 2023 Projects Total Cost Deferred Amt to be Assessed I.C. 04-5632 Pioneer Trail Improvements $124,000.00 $0.00 $124,000.00 Supplementals Tall Grass/Weed Removal $1,000.00 $0.00 $1,000.00 Tree Removal $13,000.00 $0.00 $13,000.00 Tree Removal – 5 Year Term $3,421.00 $0.00 $3,421.00 CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: Sept. 19, 2023 DEPARTMENT/DIVISION: Jennifer Fierce Public Works ITEM DESCRIPTION: Approve the Sustainable Building Standard for inclusion in the City of Eden Prairie Policies and Procedures ITEM NO.: VIII.C. Requested Action Move to: Approve the Sustainable Building Standard for inclusion in the City of Eden Prairie Policies and Procedures. Synopsis The Sustainable Building Standard (SBS) aims to reduce greenhouse gas emissions (GHG) from newly constructed residential and commercial buildings. New commercial and multifamily construction projects over 2,000 SF, and additions over 10,000 SF, that are seeking financial or land use incentives from the City will need 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. 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 readiness. With approval, the SBS will be effective for any development application deemed complete or submitted after January 1, 2024. 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 these strategies. The City Council directed staff to bring the Sustainable Building Standard back for approval at the September 5, 2023 meeting. Attachment • Sustainable Building Standard 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. Sustainable Building Standard 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 modified by the Coordinator only for reasons of hardship. Hardship includes the inability to physically achieve the standard due to circumstances unique to the property. Economic reasons alone do not constitute a hardship. Approved modifications must result in the project remaining in harmony with the intent of the Sustainable Building Standard to the maximum extent practicable. Maximum extent practicable means the highest level of efficacy that can be achieved considering the effectiveness, engineering feasibility, commercial availability, safety, and cost of the measures. Decisions on modification of the Standard by the Coordinator may be appealed to the City Council. This Standard may be amended or discontinued without prior notice. CITY COUNCIL AGENDA SECTION: Consent Calendar DATE Sept. 19, 2023 DEPARTMENT / DIVISION Jason Goblirsch Parks Construction Supervisor ITEM DESCRIPTION Approve Perpetual Right-of-Way Easement Agreement at 15800 Valley View Road ITEM NO. VIII.D. Requested Action Approve perpetual right of way easement agreement at 15800 Valley View Road for the procurement of a new city right-of-way. Synopsis This right-of-way Easement Agreement was pursued by the city to obtain right-of-way rights and enhance the city’s ability to install and/or maintain city infrastructure adjacent to the property. Background Unlike surrounding properties, the owner’s property at 15800 Valley View Road has never been platted and does not contain dedicated public right-of-way or drainage and utility easements. The City desired to obtain an easement for right-of-way, sidewalk, and drainage and utility purposes over the Owner’s property to better manage and maintain the right-of-way and public infrastructure. The property owner has agreed to grant the easement to the city in exchange for the City’s agreement to replace the fence on the Owner’s property that was damaged by city snow removal and maintenance practices. The new fence will be constructed with cedar to be of same or similar value, as agreed upon by the City and Property Owner. Attachments Easement Agreement CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: Sept. 19, 2023 DEPARTMENT/DIVISION: Adam Gadbois Public Works / Engineering ITEM DESCRIPTION: Approve Deed and Letter Regarding Access for 7170 Bryant Lake Drive ITEM NO.: VIII.E. Requested Action Move to: Approve quit claim deed to Healthy Spaces 15, LLC for real property located at 7170 Bryant Lake Drive and authorize the City Manager to execute a letter regarding access to Bryant Lake Drive. Synopsis Healthy Spaces 15, LLC, is the owner of property located at 7170 Bryant Lake Drive and is currently marketing the property for sale. During the title review process, it was discovered that the legal description for the property excepts a 10-foot strip of land abutting Bryant Lake Drive “for State Highway purposes.” Based on this exception, the title company has questioned the property’s legal access to Bryant Lake Drive. Historical research revealed that the State of Minnesota conveyed the Bryant Lake Drive right-of-way to the City of Eden Prairie in 1982 after its reconstruction of Highway 169/212 in the current location in the 1970s. The title company believes that the purpose of this 10-foot exception was to allow for the difference between the westerly line of Bryant Lake Drive as built and the westerly line of Bryant Lake Drive as mapped. MnDOT has confirmed that it does not have any interest in the 10-foot strip. The Engineering Department has reviewed the historical documents and confirmed that the City has no need for the 10-foot strip. Based on the requirements of its title company, the property owner has requested that the City provide: (1) a quit claim deed for the entire property at 7170 Bryant Lake Drive, which will provide record confirmation that the City has no right-of-way interest in the 10-foot strip; and (2) a letter confirming that the property has direct access to the right-of-way of Bryant Lake Drive. Staff and the City Attorney have reviewed the request and recommend conveyance of the quit claim deed and execution of the requested letter. Attachments Quit Claim Deed Letter Regarding Access Exhibit (Top 3 inches reserved for recording data) QUIT CLAIM DEED eCRV number: DEED TAX DUE: $ 1.70 DATE: ______________________, 2023 FOR VALUABLE CONSIDERATION, the City of Eden Prairie, Minnesota, a municipality under the laws of Minnesota (“Grantor”), hereby conveys and quitclaims to Healthy Spaces 15, LLC., a limited liability company under the laws of Minnesota (“Grantee”), real property in Hennepin County, Minnesota, legally described as follows: See Exhibit A attached hereto and hereby made a part hereof, Check here if all or part of the described real property is Registered (Torrens) together with all hereditaments and appurtenances belonging thereto. Consideration paid for this transfer is $3000 or less. Check applicable box: The Seller certifies that the Seller does not know of any wells on the described real property. A well disclosure certificate accompanies this document or has been electronically filed. (If electronically filed, insert WDC number: […].) I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. Grantor City of Eden Prairie By: Ronald A. Case Its: Mayor By: Rick Getschow Its: City Manager State of Minnesota County of Hennepin This instrument was acknowledged before me on _________________, 2023, by Ronald A. Case as Mayor and Rick Getschow as City Manager of the City of Eden Prairie, Minnesota, a municipality under the laws of Minnesota, for an on behalf of the City. (Stamp) (signature of notarial officer) Title (and Rank): My commission expires: (month/day/year) THIS INSTRUMENT WAS DRAFTED BY: WINTHROP & WEINSTINE, P.A. 225 South Sixth Street Suite 3500 Minneapolis, MN 55402 (612) 604-6400 TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS INSTRUMENT SHOULD BE SENT TO: Healthy Spaces 15, LLC 7028 Kellogg Avenue Edina, MN 55435 EXHIBIT A Legal Description That part of the Northwest Quarter of the Northwest Quarter (NW 1/4 of NW 1/4) of Section 12, Township 116, Range 22, Hennepin County, Minnesota, described as follows: Commencing at a point on the South line of the Northwest Quarter of the Northwest Quarter 40.56 feet West of the Centerline of U.S. Highways 169-212; thence West along said South line 121.49 feet to the Centerline of the Old Eden Prairie Road; thence Northwesterly along said Centerline a distance of 204 feet to the point of beginning of the tract of land to be described; thence continuing Northwesterly along said Centerline a distance of 232 feet; thence Southeasterly a distance of 293.19 feet to a point on the Westerly line of U.S. Highways 169-212, which point is distant 344 feet Northerly from the intersection of the Westerly line of U.S. Highways 169-212 with the South line of said Northwest Quarter of the Northwest Quarter; thence Southwesterly along the Westerly line of U.S. Highways 169-212 191 feet to a point on said Westerly line distant 153 feet Northerly from the intersection of said Westerly line of said U.S. Highways 169-212 with the South Line of said Northwest Quarter of the Northwest Quarter; thence Northwesterly a distance of 199.5 feet, more or less, to the point of beginning. 27044025v1 12897.8 September 19, 2023 Healthy Spaces 15, LLC, c/o Winthrop & Weinstine, PA, Suite 225, South Sixth Street, Minneapolis, MN 55402, Attn: Joanne L. Matzen, RE: 7170 Bryant Lake Drive, Eden Prairie, Minnesota 55344 Dear Ms. Matzen: Enclosed is an executed quit claim deed from the City of Eden Prairie (“City”) to Healthy Spaces 15, LLC for real property located at 7170 Bryant Lake Drive, Eden Prairie, Minnesota 55344. The intent of the City in granting the attached quit claim deed is to relinquish any interest in the property described therein so that the property will have direct access to the right of way of Bryant Lake Drive (formerly U.S. Highway No. 169 and 212) and the road constructed thereon, as it exists from time to time. Sincerely, _________________________________ Rick Getschow City Manager Enclosure: Quit Claim Deed cc: Land Title, Inc. 2200 County Road C West Suite 2205 Roseville, MN 55113 Attn: Jon Edstrom. OFC 952 949 8300 FAX 952 949 8390 TDD 952 949 8399 8080 Mitchell Rd Eden Prairie, MN 55344-4485 edenprairie.org ExistingRight-of-Way LineExistingRight-of-Way Line10-foot strip to be deeded CITY COUNCIL AGENDA SECTION: Consent Calendar DATE Sept. 19, 2023 DEPARTMENT / DIVISION Administration Rick Clark, Facilities ITEM DESCRIPTION Construction Manager Services ITEM NO. VIII.F. Requested Action Move to: Authorize Entry into Contract for Construction Manager Services with Kraus-Anderson for Police Department Project Background In November of 2022 the City engaged with Wold Architects for a Functional Programming Study of the Police Department. Staff toured multiple Facilities and participated in multiple meetings to properly plan for the future of Police and City needs. These results were presented at the Council workshop on March 21st 2023. That study detailed using existing vacant space on the west side of the building of approximately 88,000 S.F. of Police Station and 19,000 S.F. of city office/meeting space. The City released a Request for Proposals for Construction Management firms early this Summer and received 3 qualified proposals. A pre-proposal meeting was held with all 3 firms receiving a tour of the spaces. An Evaluation Committee of City Staff reviewed the proposals and were thoroughly impressed with the skillset and capacity by all firms. The Construction Manager will serve as the City’s agent in managing the bidding process (for architects and all subcontractors), they will manage the construction and be at the table for all design meetings with architects to ensure the project is being designed with budget, function, and efficiency in mind. They will be a critical member of the team and will make the project manageable for City staff as we ensure the other daily duties receive the attention they require. Below is a financial comparison of the three firm’s proposals. Each firm proposed a percentage fee based on an anticipated construction price (“construction management fee”), and a fee-based figure based on estimated labor hours of staff according to the length of pre-construction, construction and reimbursables. Pre-Con. / Con. / Reimbursables Construction Mgmt. Fee Total Terra Construction $577,732 $195,000 $772,332 RJM $612,412 $227,500 $839,912 Kraus Anderson $696,879 $197,625 $894,504 While reviewing it was noted that KA followed the City’s estimated schedule of a 16 month pre- construction and 15 month construction, while Terra and RJM shortened that schedule. Kraus Anderson noted on their proposal that a shortened alternative schedule could have an estimated $150,000- $200,000 savings. With adjustments made to have the 3 proposals match the shortest schedule (Terra) and reimbursables the below financial comparison should be used Pre-Con. / Con. / Reimbursables Construction Mgmt. Fee Total Terra Construction $577,732 $195,000 $772,332 RJM $612,412 $227,500 $794,328 Kraus Anderson $546,503 $201,500 $748,003 Based on the proposal submission, interview, references, recent and local similar successful projects and the fee proposal, staff is recommending that the City engage with Kraus Anderson Construction Company as the City’s Construction Manager for this project. The team that KA has assembled for this project has done numerous similar facilities. We received very positive feedback from colleagues who have done this type of work with KA and their reputation is very strong. Staff believes KA provides the best value when comparing and factoring all three firms to have a similar schedule. Attachments AIA C132 with Kraus Anderson AIA® Document C132TM – 2019 Standard Form of Agreement Between Owner and Construction Manager as Adviser AIA Document C132™ – 2019. Copyright © 1973, 1980, 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. User Notes: (860977505) 1 ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. This document is intended to be used in conjunction with AIA Documents A132™–2019, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition; A232™–2019, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition; and B132™–2019, Standard Form of Agreement Between Owner and Architect, Construction Manager as Adviser Edition. AIA Document A232™–2019 is adopted in this document by reference. Do not use with other general conditions unless this document is modified. ELECTRONIC COPYING of any portion of this AIA® Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document. AGREEMENT made as of the «19th » day of «September » in the year «2023» (In words, indicate day, month and year.) BETWEEN the Owner: (Name, legal status, address, and other information) City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 and the Construction Manager: (Name, legal status, address, and other information) Kraus-Anderson Construction Company 501 South 8th Street Minneapolis, MN 55404 for the following Project: (Name, location, and detailed description) Eden Prairie Police Department Project 8100 Mitchell Road Eden Prairie, MN 55344 Project site is vacant space within the 8100/8080 Mitchell rd. “City “Center” building. A part of the project will include bringing City functions from downstairs to the main level. The Architect: (Name, legal status, address, and other information) To Be Determined The Owner and Construction Manager agree as follows. AIA Document C132™ – 2019. Copyright © 1973, 1980, 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. User Notes: (860977505) 2 TABLE OF ARTICLES 1 INITIAL INFORMATION 2 CONSTRUCTION MANAGER’S RESPONSIBILITIES 3 SCOPE OF CONSTRUCTION MANAGER’S BASIC SERVICES 4 SUPPLEMENTAL AND ADDITIONAL SERVICES 5 OWNER’S RESPONSIBILITIES 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Section 1.1. (For each item in this section, insert the information or a statement such as “not applicable” or “unknown at time of execution.”) § 1.1.1 The Owner’s program for the Project: (Insert the Owner’s program, identify documentation that establishes the Owner’s program, or state the manner in which the program will be developed.) Remodel existing vacant space for a new Police Department of approximately 88,885 SF with an alternate construction of a Special Response Unit Addition of approximately 4,950 SF. Remodel existing vacant space for City Hall functions currently in the lower level up to the main level of approximately 19,300 SF. § 1.1.2 The Project’s physical characteristics: (Identify or describe pertinent information about the Project’s physical characteristics, such as size; location; dimensions; geotechnical reports; site boundaries; topographic surveys; traffic and utility studies; availability of public and private utilities and services; legal description of the site, etc.) See 1.1.1 § 1.1.3 The Owner’s budget for the Cost of the Work, as defined in Section 6.1: (Provide total and, if known, a line item breakdown.) Approximately $17,000,000 § 1.1.4 The Owner’s anticipated design and construction milestone dates: .1 Design phase milestone dates, if any: AIA Document C132™ – 2019. Copyright © 1973, 1980, 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. User Notes: (860977505) 3 2024 Design and bidding pending architect selection .2 Construction commencement date: To Be Determined .3 Substantial Completion date or dates: Spring 2026 pending design .4 Other milestone dates: To Be Determined § 1.1.5 The Owner intends the following procurement method for the Project: (Identify method such as competitive bid or negotiated contract.) « »Multiple Prime Contractor public bidding pursuant to the Minnesota Uniform Municipal Contracting Act, Minnesota Statues, Sections 471.345 (“Public Bidding") § 1.1.6 The Owner’s requirements for accelerated or fast-track design and construction, multiple bid packages, or phased construction are set forth below: (Identify any requirements for fast-track scheduling or phased construction and, if applicable, list number and type of bid/procurement packages.) § 1.1.7 The Owner’s anticipated Sustainable Objective for the Project: (Identify and describe the Owner’s Sustainable Objective for the Project, if any.) To Be Determined § 1.1.7.1 If the Owner identifies a Sustainable Objective, the Owner and Construction Manager shall endeavor to define the terms, conditions and services related to the Owner’s Sustainable Objective and may complete and incorporate AIA Document E235™–2019, Sustainable Projects Exhibit, Construction Manager as Adviser Edition, into this Agreement. If E235–2019 is incorporated into this Agreement, the Owner and Construction Manager shall incorporate the completed E235–2019 into the agreements with the consultants and contractors performing services or Work in any way associated with the Sustainable Objective. § 1.1.8 Other Project information: (Identify special characteristics or needs of the Project not provided elsewhere.) N/A § 1.1.9 The Owner identifies the following representative in accordance with Section 5.5: (List name, address, and other contact information.) Rick Clark, Facilities Manager City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Phone : 952-949-8488 Email : rclark@edenprairie.org § 1.1.10 The persons or entities, in addition to the Owner’s representative, who are required to review the Construction Manager’s submittals to the Owner are as follows: (List name, address, and other contact information.) AIA Document C132™ – 2019. Copyright © 1973, 1980, 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. User Notes: (860977505) 4 Chris Wood, Police Captain City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Phone : 952-949-6223 Email : cwood@edenprairie.org § 1.1.11 The Owner shall retain the following consultants and Contractors: (List name, legal status, address, and other contact information.) .1 Land Surveyor: To Be Determined .2 Geotechnical Engineer: To Be Determined .3 Civil Engineer: To Be Determined .4 Contractors, as defined in Section 1.4: To Be Determined .5 Separate Contractors, as defined in Section 1.4: To Be Determined .6 Other, if any: (List any other consultants retained by the Owner.) N/A § 1.1.12 The Construction Manager identifies the following representative in accordance with Section 2.5: (List name, address, and other contact information.) Mark Krotten Construction Executive Kraus-Anderson Construction Company 501 South Eighth Street Minneapolis, MN 55404 § 1.1.13 The Construction Manager’s staffing plan as required under Section 3.3.3 shall include: (List any specific requirements and personnel to be included in the staffing plan, if known.) N/A § 1.1.14 The Construction Manager’s consultants retained under Basic Services, if any: (List name, legal status, address, and other contact information of any consultants.) N/A § 1.1.15 The Construction Manager’s consultants retained under Supplemental Services: AIA Document C132™ – 2019. Copyright © 1973, 1980, 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. User Notes: (860977505) 5 N/A § 1.1.16 Other Initial Information on which this Agreement is based: N/A § 1.2 The Owner and Construction Manager may rely on the Initial Information. Both parties, however, recognize that the Initial Information may materially change and, in that event, the Owner and the Construction Manager shall, by appropriate written agreement, appropriately adjust the Construction Manager’s services, schedule for the Construction Manager’s services, and the Construction Manager’s compensation. The Owner shall adjust the Owner’s budget for the Cost of the Work and the Owner’s anticipated design and construction milestones, as necessary, to accommodate material changes in the Initial Information. § 1.3 The Construction Manager shall assist the Owner and Architect in establishing protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form. The parties may use AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, to establish the protocols for the development, use, transmission, and exchange of digital data. § 1.3.1 Any use of, or reliance on, all or a portion of a building information model without agreement to protocols governing the use of, and reliance on, the information contained in the model, shall be at the using or relying party’s sole risk and without liability to the other party and its contractors or consultants, the authors of, or contributors to, the building information model, and each of their agents and employees. § 1.4 The term “Contractors” refers to persons or entities who perform Work under contracts with the Owner that are administered by the Construction Manager and Architect. The term “Contractors” is used to refer to such persons or entities, whether singular or plural. The term does not include the Owner’s own forces, or Separate Contractors, which are persons or entities who perform construction under separate contracts with the Owner not administered by the Construction Manager and Architect. ARTICLE 2 CONSTRUCTION MANAGER’S RESPONSIBILITIES § 2.1 The Construction Manager shall provide the services as set forth in this Agreement. § 2.2 The Construction Manager shall perform its services consistent with the skill and care ordinarily provided by construction managers practicing in the same or similar locality under the same or similar circumstances. The Construction Manager shall perform its services as expeditiously as is consistent with such skill and care and the orderly progress of the Project. § 2.3 The Construction Manager shall provide its services in conjunction with the services of an Architect as described in AIA Document B132™–2019, Standard Form of Agreement Between Owner and Architect, Construction Manager as Adviser Edition. The Construction Manager shall not be responsible for actions taken by the Architect. § 2.4 The Construction Manager shall coordinate its services with those services provided by the Owner, the Architect, the Contractors, and the Owner’s other consultants and Separate Contractors. The Construction Manager shall be entitled to rely on, and shall not be responsible for, the accuracy and completeness of services and information furnished by the Owner, the Architect, and the Owner’s other consultants and Separate Contractors. The Construction Manager shall provide prompt written notice to the Owner if the Construction Manager becomes aware of any error, omission, or inconsistency in such services or information. § 2.5 The Construction Manager shall identify a representative authorized to act on behalf of the Construction Manager with respect to the Project. § 2.6 The Construction Manager, as soon as practicable after execution of the Agreement, shall notify the Owner in writing of the names and qualifications of its proposed key staff members. Within 14 days of receipt of the names and qualifications of the Construction Manager’s proposed key staff members, the Owner may reply to the Construction Manager in writing, stating (1) whether the Owner has reasonable objection to a proposed key staff member or (2) that the Owner requires additional time to review. Failure of the Owner to reply within the 14-day period shall constitute notice of no reasonable objection. The Construction Manager shall not staff any employees on AIA Document C132™ – 2019. Copyright © 1973, 1980, 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. User Notes: (860977505) 6 the Project to whom the Owner has made reasonable and timely objection. The Construction Manager shall not change its key staff members without the Owner’s consent, which shall not be unreasonably withheld or delayed. § 2.7 Except with the Owner’s knowledge and consent, the Construction Manager shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Construction Manager’s judgment with respect to this Project. § 2.8 The Construction Manager shall maintain the following insurance until termination of this Agreement. If any of the requirements set forth below are in addition to the types and limits the Construction Manager normally maintains, the Owner shall pay the Construction Manager as set forth in section 11.7. § 2.8.1 Commercial General Liability with policy limits of not less than « One Million Dollars » ($ « 1,000,000 » ) for each occurrence and « Two Million Dollars » ($ « 2,000,000 » ) in the aggregate for bodily injury and property damage. § 2.8.2 Automobile Liability covering vehicles owned, and non-owned vehicles used, by the Construction Manager with policy limits of not less than « One Million Dollars » ($ « 1,000,000 » ) per accident for bodily injury, death of any person, and property damage arising out of the ownership, maintenance and use of those motor vehicles, along with any other statutorily required automobile coverage. § 2.8.3 The Construction Manager shall maintain umbrella or excess liability insurance with policy limits of not less than $1,000,000. The Construction Manager may use any additional umbrella or excess liability insurance to achieve the required limits and coverage for Commercial General Liability and Automobile, provided such primary and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages required under Sections 2.8.1 and 2.8.2, and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers. § 2.8.4 Workers’ Compensation at statutory limits and Employers Liability with policy limits not less than « Five Hundred Thousand Dollars » ($ « 500,000 » ) each accident, « Five Hundred Thousand Dollars » ($ « 500,000 » ) each employee, and « Five Hundred Thousand Dollars » ($ « 500,000 » ) policy limit. § 2.8.5 Professional Liability covering negligent acts, errors and omissions in the performance of professional services with policy limits of not less than « Five Million Dollars » ($ « 5,000,000 » ) per claim and « Five Million Dollars » ($ « 5,000,000 » ) in the aggregate. § 2.8.6 Reserved. § 2.8.7 The Construction Manager shall provide certificates of insurance to the Owner that evidence compliance with the requirements in this Section 2.8. Such proof of insurance shall confirm that the insurer has agreed to cancel (or any lesser period allowed by law). The Construction Manager shall likewise demand from its consultants proof of insurance meeting the foregoing coverage requirements as a condition precedent to their engagement to perform service on the Project. § 2.9 The Construction Manager shall assist the Owner, Architect, and other Project participants in establishing building information modeling and digital data protocols for the Project, which may be documented using AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, to establish the protocols for the development, use, transmission, and exchange of digital data. § 2.10 If a centralized electronic document management system will be used on the Project, the Construction Manager shall be responsible for managing and maintaining the centralized electronic document management system. § 2.11 The Construction Manager shall retain all Project related documents and information it receives, and the Owner and Architect shall have access to the documents and information. The Construction Manager shall transmit the documents and information to the Owner at final completion. AIA Document C132™ – 2019. Copyright © 1973, 1980, 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. User Notes: (860977505) 7 ARTICLE 3 SCOPE OF CONSTRUCTION MANAGER’S BASIC SERVICES § 3.1 Definition The Construction Manager’s Basic Services consist of those described in this Article 3, and include usual and customary Preconstruction and Construction Phase Services. Services not set forth in this Article 3 are Supplemental or Additional Services. The Owner, Construction Manager, and Contractors may agree, in consultation with the Architect, for the Construction Phase to commence prior to completion of the Preconstruction Phase, in which case, both phases will proceed concurrently. § 3.2 Preconstruction Phase § 3.2.1 The Construction Manager shall review the program furnished by the Owner and any evaluation of the Owner’s program provided by the Architect, to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the Owner and Architect. § 3.2.2 The Construction Manager shall provide a preliminary evaluation of the Owner’s program, schedule and construction budget requirements, each in terms of the other. § 3.2.3 The Construction Manager shall prepare, and deliver to the Owner, for the Owner’s approval, a written Construction Management Plan that includes, at a minimum, the following: (1) preliminary evaluations required in Section 3.2.2, (2) a Project schedule, (3) cost estimates, (4) recommendations for Project delivery method, and (5) Contractors’ scopes of Work. The Construction Manager shall periodically update the Construction Management Plan, for the Owner’s approval, over the course of the Project. § 3.2.4 The Construction Manager shall prepare and periodically update the Project schedule included in the Construction Management Plan for the Architect’s review and the Owner’s acceptance. The Construction Manager shall obtain the Architect’s approval for the portion of the Project schedule relating to the performance of the Architect’s services. The Project schedule shall coordinate and integrate the Construction Manager’s services, the Architect’s services, other Owner consultants’ services, and the Owner’s responsibilities and highlight items that affect the Project’s timely completion. § 3.2.5 The Construction Manager shall update the Project schedule to include the components of the Work, including phasing of construction, times of commencement and completion required of each Contractor, ordering and delivery of products, including those that must be ordered in advance of construction, obtaining the required reviews and approvals of authorities having jurisdiction over the Project, and the occupancy requirements of the Owner. § 3.2.6 Based on the preliminary design and information prepared or provided by the Architect and other Owner consultants, the Construction Manager shall prepare, for the Architect’s review and Owner’s approval, preliminary estimates of the Cost of the Work or the cost of program requirements using area, volume or similar conceptual estimating techniques, including the establishment of sufficient contingency to reasonably anticipate the development of the Project’s design documents. § 3.2.7 The Construction Manager shall review design documents during their development and advise the Owner and Architect on proposed site use and improvements, selection of materials, building systems, and equipment. The Construction Manager shall also provide recommendations to the Owner and Architect, consistent with the Project requirements, on constructability; availability of materials and labor; sequencing for phased construction; time requirements for procurement, installation and construction; and factors related to construction cost including, but not limited to, costs of alternative designs or materials, preliminary budgets, life-cycle data, and possible cost reductions. § 3.2.8 The Construction Manager shall review recommendations for systems, materials, or equipment for the impact upon cost, schedule, sequencing, constructability, and coordination among the Contractors. The Construction Manager shall discuss its findings with the Owner and the Architect, and assist the Owner and Architect with resolution, as necessary, of any such impacts. § 3.2.9 As the Architect progresses with the preparation of the Schematic Design, Design Development and Construction Documents, the Construction Manager shall prepare and update, at appropriate intervals agreed to by the Owner, Construction Manager and Architect, an estimate of the Cost of the Work with increasing detail and refinement. The Construction Manager shall include in the estimate those costs to allow for further development of AIA Document C132™ – 2019. Copyright © 1973, 1980, 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. User Notes: (860977505) 8 the design, bidding or negotiating, price escalation, and market conditions. The estimate shall be provided for the Architect’s review and the Owner’s approval. The Construction Manager shall inform the Owner and Architect in the event that the estimate of Cost of the Work exceeds the latest approved Project budget, and make recommendations for corrective action. § 3.2.10 As the Architect progresses with the preparation of the Schematic Design, Design Development and Construction Documents, the Construction Manager shall consult with the Owner and Architect and make recommendations whenever the Construction Manager determines that the design, or details, adversely affect cost, scope, schedule, constructability, or quality of the Project. § 3.2.11 The Construction Manager shall provide recommendations and information to the Owner and Architect regarding the assignment of responsibilities for temporary Project facilities and equipment, materials and services for common use of the Contractors. The Construction Manager shall verify that such requirements and assignment of responsibilities are included in the proposed Contract Documents. § 3.2.12 The Construction Manager shall provide recommendations and information to the Owner regarding the allocation of responsibilities for safety programs among the Contractors. § 3.2.13 The Construction Manager shall provide recommendations to the Owner and coordinate with the architect on the division of the Project into individual contracts for the construction of various categories of Work, including the public procurement method to be used for selecting Contractors and awarding Contracts for Construction. The Construction Manager shall review the Drawings and Specifications and make recommendations and prepare scopes of Work with the Architect as required to provide that (1) the Work of the Contractors is coordinated, (2) all requirements for the Project are assigned to the appropriate Contract, (3) the likelihood of jurisdictional disputes is minimized, and (4) proper coordination is provided for phased construction. The Construction Manager shall keep the Owner apprised of Construction Manager-proposed Work Scopes prior to finalizing the divisions of Work with the Prime Contractors § 3.2.14 The Construction Manager shall make recommendations about, and coordinate the ordering and delivery of, materials in support of the schedule, including those that must be ordered in advance of construction. § 3.2.15 The Construction Manager shall assist the Owner in selecting, retaining, and coordinating the professional services of surveyors, geotechnical engineers, special consultants, and construction materials testing required for the Project. § 3.2.16 The Construction Manager shall provide an analysis of the types and quantities of labor required for the Project and review the availability of appropriate categories of labor required for critical phases. The Construction Manager shall make recommendations for actions designed to minimize adverse effects of labor shortages. § 3.2.17 The Construction Manager shall assist the Owner in obtaining information regarding applicable requirements for equal employment opportunity programs, and other programs as may be required by governmental and quasi- governmental authorities for inclusion in the Contract Documents. § 3.2.18 Following the Owner’s approval of the Drawings and Specifications, the Construction Manager shall update and submit the latest estimate of the Cost of the Work and the Project schedule for the Architect’s review and the Owner’s approval. § 3.2.19 The Construction Manager, in consultation with the Owner, shall develop bidders’ interest in the Project. The Construction Manager shall assist the Owner and the Architect with the development and issuance of public Bidding Documents, which consist of bidding requirements and proposed Contract Documents in accordance with Minnesota Statutes, Section 471.345 (“Public Bidding”). The Construction Manager, with the assistance of the Architect, shall issue Bidding Documents to bidders and conduct pre-bid conferences with prospective bidders. The Construction Manager shall issue the current Project schedule with each set of Bidding Documents. The Construction Manager shall assist the Architect with regard to questions from bidders and with the issuance of addenda. § 3.2.20 The Construction Manager shall submit a list of prospective bidders for the Architect’s review and the Owner’s approval. AIA Document C132™ – 2019. Copyright © 1973, 1980, 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. User Notes: (860977505) 9 § 3.2.21 The Construction Manager, with the assistance of the Architect, shall review bids, and prepare bid analyses, and make recommendations to the Owner for the Owner’s award of Contracts for Construction or rejection of bids. § 3.2.22 The Construction Manager, with the assistance of the Architect, shall assist the Owner in preparing Contracts for Construction. The Construction Manager shall advise the Owner on the acceptability of Subcontractors and material suppliers proposed by Contractors. The Owner will review and approve contracts consistent with the Owner’s approval process. § 3.2.23 The Construction Manager shall assist the Owner in obtaining building permits and special permits for permanent improvements, except for permits required to be obtained directly by the Contractors. The Construction Manager shall verify that the Owner has paid applicable fees and assessments. The Construction Manager shall assist the Owner and Architect in connection with the Owner’s responsibility for filing documents required for the approvals of governmental authorities having jurisdiction over the Project. § 3.2.24 If the Owner identified a Sustainable Objective in Article 1, the Construction Manager shall fulfill its Preconstruction Phase responsibilities per the agreed-upon terms, conditions and services related to the Owner’s Sustainable Objective. § 3.3 Construction Phase § 3.3.1 The Construction Manager shall provide on-site administration of the Contracts for Construction in cooperation with the Architect as set forth below and in AIA Document A232™–2019, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition as modified and in the Supplementary Conditions issued with the bidding documents. If the Owner and Contractor modify AIA Document A232–2019, those modifications shall not affect the Construction Manager’s services under this Agreement unless the Owner and the Construction Manager amend this Agreement. § 3.3.2 Subject to Section 4.2 and except as provided in Section 3.3.30, the Construction Manager’s responsibility to provide Construction Phase Services commences with the award of the initial Contract for Construction and terminates on the date the Architect issues the final Certificate for Payment. § 3.3.3 The Construction Manager shall provide a staffing plan to include one or more representatives who shall be in attendance at the Project site whenever the Work is being performed. § 3.3.4 The Construction Manager shall provide administrative, management and related services to coordinate scheduled activities and responsibilities of the Contractors with each other and with those of the Construction Manager, the Owner and the Architect. The Construction Manager shall coordinate the activities of the Contractors in accordance with the latest approved Project schedule and the Contract Documents. § 3.3.5 The Construction Manager shall review and analyze the construction schedules provided by the Contractors to update the Project schedule, incorporating the activities of the Owner, Architect, and Contractors on the Project, including activity sequences and durations, allocation of labor and materials, processing of Shop Drawings, Product Data and Samples, and delivery and procurement of products, including those that must be ordered in advance of construction. The Project schedule shall include the Owner’s occupancy requirements showing portions of the Project having occupancy priority. The Construction Manager shall update and reissue the Project schedule as required to show current conditions. If an update indicates that the previously approved Project schedule may not be met, the Construction Manager shall recommend corrective action to the Owner and Architect. § 3.3.6 The Construction Manager shall schedule and conduct meetings to discuss matters such as procedures, progress, coordination, and scheduling of the Work, and to develop solutions to issues identified. The Construction Manager shall prepare and promptly distribute minutes to the Owner, Architect and Contractors. § 3.3.7 In accordance with the Contract Documents and the latest approved Project schedule, and utilizing information from the Contractors, the Construction Manager shall review, analyze, schedule and coordinate the overall sequence of construction and assignment of space in areas where the Contractors are performing Work. AIA Document C132™ – 2019. Copyright © 1973, 1980, 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. User Notes: (860977505) 10 § 3.3.8 The Construction Manager shall coordinate all tests and inspections required by the Contract Documents or governmental authorities, observe the on-site testing and inspections, and arrange for the delivery of test and inspection reports to the Owner and Architect. § 3.3.9 The Construction Manager shall endeavor to obtain satisfactory performance from each of the Contractors. The Construction Manager shall recommend courses of action to the Owner when requirements of a Contract are not being fulfilled. § 3.3.10 The Construction Manager shall monitor and evaluate actual costs for activities in progress and estimates for uncompleted tasks and advise the Owner and Architect as to variances between actual costs and budgeted or estimated costs. If a Contractor is required to submit a Control Estimate, the Construction Manager shall meet with the Owner and Contractor to review the Control Estimate. The Construction Manager shall promptly notify the Contractor if there are any inconsistencies or inaccuracies in the information presented. The Construction Manager shall also report the Contractor’s cost control information to the Owner. § 3.3.11 The Construction Manager shall develop cash flow reports and forecasts for the Project and include them in the Construction Manager’s progress reports. § 3.3.12 The Construction Manager shall maintain accounting records on authorized Work performed under unit costs, additional Work performed on the basis of actual costs of labor and materials, and other Work requiring accounting records. § 3.3.12.1 The Construction Manager shall develop and implement procedures for the review and processing of Applications for Payment by Contractors for progress and final Payments consistent with the Prompt Payment of Local Government Bills, Minnesota Statutes, Section 471.425 (“Prompt Payment Act”). § 3.3.12.2 Not more frequently than monthly, the Construction Manager shall review and certify the amounts due the respective Contractors as follows: .1 .2 Where there is one or more than one Contractor responsible for performing different portions of the Project, the Construction Manager shall, within seven days after the Construction Manager receives each Contractor’s Application for Payment: (1) review the Applications and certify the amount the Construction Manager determines is due each Contractor; (2) prepare a Summary of Contractors’ Applications for Payment by summarizing information from each Contractor’s Application for Payment; (3) prepare a Project Application and Certificate for Payment; (4) certify the total amount the Construction Manager determines is due all Contractors collectively; and (5) forward the Summary of Contractors’ Applications for Payment and Project Application and Certificate for Payment to the Architect. § 3.3.12.3 The Construction Manager’s certification for payment shall constitute a representation to the Owner, based on the Construction Manager’s evaluations of the Work and on the data comprising the Contractors’ Applications for Payment, that, to the best of the Construction Manager’s knowledge, information and belief, the Work has progressed to the point indicated and the Work is in accordance with the Contract Documents and that the Contractors are entitled to payment in the amount certified. The foregoing representations are subject to (1) an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion; (2) results of subsequent tests and inspections; (3) correction of minor deviations from the Contract Documents prior to completion; and (4) specific qualifications expressed by the Construction Manager. The issuance of a Certificate for Payment shall further constitute a recommendation to the Architect and Owner that the Contractor be paid the amount certified. § 3.3.12.4 The certification of an Application for Payment or a Project Application for Payment by the Construction Manager shall not be a representation that the Construction Manager has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work; (2) reviewed construction means, methods, techniques, procedures, or sequences for a Contractor’s own work; (3) reviewed copies of requisitions received from Subcontractors and suppliers and other data requested by the Owner to substantiate each Contractor’s right to payment; or (4) ascertained how or for what purpose that Contractor has used money previously paid on account of the Contract Sum. AIA Document C132™ – 2019. Copyright © 1973, 1980, 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. User Notes: (860977505) 11 § 3.3.13 The Construction Manager shall obtain and review the safety programs developed by each Contractor solely and exclusively for purposes of coordinating the safety programs with those of the other Contractors and for making recommendations for any additional safety measures to be considered in the Work of the Contractors. The Construction Manager’s responsibilities for coordination of safety programs shall not extend to direct control over or charge of the acts or omissions of the Contractors, Subcontractors, agents or employees of the Contractors or Subcontractors, or any other persons performing portions of the Work and not directly employed by the Construction Manager. § 3.3.14 The Construction Manager shall determine in general that the Work of each Contractor is being performed in accordance with the requirements of the Contract Documents and notify the Owner, Contractor and Architect of defects and deficiencies in the Work. The Construction Manager shall have the authority to reject Work that does not conform to the Contract Documents and shall notify the Architect about the rejection. The failure of the Construction Manager to reject Work shall not constitute acceptance of the Work. The Construction Manager shall record any rejection of Work in its daily log and include information regarding the rejected Work in its progress reports to the Architect and Owner pursuant to Section 3.3.22.1. Upon written authorization from the Owner, the Construction Manager may require and make arrangements for additional inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not the Work is fabricated, installed or completed, and the Construction Manager shall give timely notice to the Architect of when and where the tests and inspections are to be made so that the Architect may be present for such procedures. § 3.3.15 The Construction Manager shall advise and consult with the Owner and Architect during the performance of its Construction Phase Services. The Construction Manager shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The Construction Manager shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work of each of the Contractors, since these are solely the Contractor’s rights and responsibilities under the Contract Documents. The Construction Manager shall not be responsible for a Contractor’s failure to perform the Work in accordance with the requirements of the Contract Documents. The Construction Manager shall be responsible to the Owner for the Construction Manager’s negligent acts or omissions, but shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractors, Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work. Subject to Section 3.3.14, nothing in this section is intended to limit the Construction Manager’s duty to report to the Owner and the Architect all defects in the Work or deviations from the Contract Documents that have been observed by or reported to the Construction Manager. Subject to Section 3.3.14, nothing in this section is intended, or shall be construed to, negate or limit the Construction Manager’s duties to the Owner in Section 2.2. § 3.3.16 The Construction Manager shall transmit to the Architect requests for interpretations, and requests for information of the meaning and intent of the Drawings and Specifications. The Construction Manager shall assist in the resolution of questions that may arise. § 3.3.17 The Construction Manager shall review requests for changes, assist in negotiating Contractors’ proposals, submit recommendations to the Architect and Owner, and, if the proposed changes are accepted or required by the Owner, prepare Change Orders or Construction Change Directives that incorporate the Architect’s modifications to the Contract Documents. § 3.3.18 The Construction Manager shall assist the Initial Decision Maker in the review, evaluation and documentation of Claims, subject to Section 4.2.2.7. § 3.3.19 Utilizing the submittal schedules provided by each Contractor, the Construction Manager shall prepare, and revise as necessary, a Project submittal schedule incorporating information from the Owner, Owner’s consultants, Owner’s Separate Contractors and vendors, governmental agencies, and participants in the Project under the management of the Construction Manager. The Project submittal schedule and any revisions shall be submitted to the Architect for approval. § 3.3.20 The Construction Manager shall promptly review all Shop Drawings, Product Data, Samples, and other submittals from the Contractors for compliance with the submittal requirements of the Contract, coordinate submittals with information contained in related documents, and transmit to the Architect those that the Construction Manager recommends for approval. The Construction Manager’s actions shall be taken in accordance with the Project submittal schedule approved by the Architect, or in the absence of an approved Project submittal schedule, AIA Document C132™ – 2019. Copyright © 1973, 1980, 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. User Notes: (860977505) 12 with such reasonable promptness as to cause no delay in the Work or in the activities of the Contractors, the Owner, or the Architect. § 3.3.20.1 If professional design services or certifications by a design professional related to systems, materials, or equipment are specifically required of the Contractors by the Contract Documents, the Construction Manager shall review those submittals for sequencing, constructability, and coordination impacts on the other Contractors. The Construction Manager shall discuss its findings with the Owner and the Architect, and assist the Owner and the Architect with resolution, as necessary, of any such impacts. § 3.3.21 The Construction Manager shall keep a daily log containing a record of weather, each Contractor’s Work on the site, number of workers, identification of equipment, Work accomplished, problems encountered, and other similar relevant data as the Owner may require. § 3.3.21.1 The Construction Manager shall collect, review for accuracy, and compile the Contractors’ daily logs; and include them in the Construction Manager’s reports prepared and submitted in accordance with section 3.3.21.2. § 3.3.21.2 The Construction Manager shall record the progress of the Project. On a monthly basis, or otherwise as agreed to by the Owner, the Construction Manager shall submit written progress reports to the Owner and Architect, showing percentages of completion and other information identified below: .1 Work completed for the period; .2 Project schedule status; .3 Submittal schedule and status report, including a summary of remaining and outstanding submittals; .4 Request for information, Change Order, and Construction Change Directive status reports; .5 Tests and inspection reports; .6 Status report of nonconforming and rejected Work; .7 Daily logs; .8 Summary of all Contractors’ Applications for Payment; .9 Cumulative total of the Cost of the Work to date including the Construction Manager’s compensation and reimbursable expenses at the job site, if any; .10 Cash-flow and forecast reports; .11 Photographs to document the progress of the Project; .12 Status reports on permits and approvals of authorities having jurisdiction; and .13 Any other items the Owner may require: § 3.3.22 Utilizing the documents provided by the Contractors, the Construction Manager shall make available, at the Project site, the Contract Documents, including Change Orders, Construction Change Directives, and other Modifications, in good order and marked currently to indicate field changes and selections made during construction, and the approved Shop Drawings, Product Data, Samples, and similar required submittals. These shall be in electronic form or paper copy, available to the Owner, Architect, and Contractors. Upon completion of the Project, the Construction Manager shall deliver them to the Owner. § 3.3.23 The Construction Manager shall arrange for the delivery, storage, protection and security of Owner-purchased materials, systems and equipment that are a part of the Project until such items are incorporated into the Work. § 3.3.24 With the Owner’s maintenance personnel, the Construction Manager shall observe the Contractors’ final testing and start-up of utilities, operational systems and equipment and observe any commissioning as the Contract Documents may require. § 3.3.25 When the Construction Manager considers each Contractor’s Work or a designated portion thereof substantially complete, the Construction Manager shall, jointly with that Contractor, prepare for the Architect a list of incomplete or unsatisfactory items and a schedule for their completion. The Construction Manager shall assist the Architect in conducting inspections to determine whether the Work or designated portion thereof is substantially complete. AIA Document C132™ – 2019. Copyright © 1973, 1980, 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. User Notes: (860977505) 13 § 3.3.26 When the Work of all of the Contractors, or designated portion thereof, is substantially complete, the Construction Manager shall prepare, and the Construction Manager and Architect shall execute, a Certificate of Substantial Completion. The Construction Manager shall submit the executed Certificate to the Owner and Contractors. The Construction Manager shall coordinate the correction and completion of the Work. Following issuance of a Certificate of Substantial Completion of the Work or a designated portion thereof, the Construction Manager shall perform an inspection to confirm the completion of the Work of the Contractors and make recommendations to the Architect when the Work of all of the Contractors is ready for final inspection. The Construction Manager shall assist the Architect in conducting the final inspection. § 3.3.27 The Construction Manager shall forward to the Owner, with a copy to the Architect, the following information received from the Contractors: (1) certificates of insurance ; (2) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment; (3) affidavits, receipts, releases and waivers of liens or bonds indemnifying the Owner against liens; and (4) any other documentation required of the Contractors under the Contract Documents, including warranties and similar submittals. § 3.3.28 The Construction Manager shall coordinate receipt, and delivery to the Owner, of other items provided by the Contractors, such as keys, manuals, and record drawings. The Construction Manager shall forward to the Architect a final Project Application for Payment and Project Certificate for Payment, or a final Application for Payment and final Certificate for Payment, upon the Contractors’ compliance with the requirements of the Contract Documents. § 3.3.29 Duties, responsibilities and limitations of authority of the Construction Manager as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner and Construction Manager. Consent shall not be unreasonably withheld. § 3.3.30 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion, the Construction Manager shall, without additional compensation, conduct a meeting with the Owner and Architect to review the facility operations and performance. ARTICLE 4 SUPPLEMENTAL AND ADDITIONAL SERVICES § 4.1 Supplemental Services § 4.1.1 The services listed below are not included in Basic Services but may be required for the Project. The Construction Manager shall provide the listed Supplemental Services only if specifically designated in the table below as the Construction Manager’s responsibility, and the Owner shall compensate the Construction Manager as provided in Section 11.2. Unless otherwise specifically addressed in this Agreement, if neither the Owner nor the Construction Manager is designated, the parties agree that the listed Supplemental Service is not being provided for the Project. (Designate the Construction Manager’s Supplemental Services and the Owner’s Supplemental Services required for the Project by indicating whether the Construction Manager or Owner shall be responsible for providing the identified Supplemental Service. Insert a description of the Supplemental Services in Section 4.1.2 below or attach the description of services as an exhibit to this Agreement.) Supplemental Services Responsibility (Construction Manager, Owner or not provided) § 4.1.1.1 Measured drawings Owner § 4.1.1.2 Tenant-related services Owner, if required § 4.1.1.3 Commissioning Owner, if required § 4.1.1.4 Development of a commissioning plan Owner, if required § 4.1.1.5 Sustainable Project Services pursuant to Section 4.1.3 N/A § 4.1.1.6 Furniture, furnishings and equipment delivery, and installation coordination Construction Manager, if required § 4.1.1.7 Furniture, furnishings and equipment procurement assistance N/A § 4.1.1.8 Assistance with site selection N/A § 4.1.1.9 Assistance with selection of the Architect Construction Manager § 4.1.1.10 Furnish land survey Owner, if required AIA Document C132™ – 2019. Copyright © 1973, 1980, 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. User Notes: (860977505) 14 § 4.1.1.11 Furnish geotechnical engineering services Owner § 4.1.1.12 Provide insurance advice Owner, if required § 4.1.1.13 Provide supplemental Project risk analysis and mitigation strategies Owner, if required § 4.1.1.14 Stakeholder relationships management N/A § 4.1.1.15 Owner moving coordination N/A § 4.1.1.16 Coordination of Owner’s Separate Contractors Construction Manager, if required § 4.1.1.17 Other Supplemental Services N/A § 4.1.2 Description of Supplemental Services § 4.1.2.1 A description of each Supplemental Service identified in Section 4.1.1 as the Construction Manager’s responsibility is provided below. (Describe in detail the Construction Manager’s Supplemental Services identified in Section 4.1.1 or, if set forth in an exhibit, identify the exhibit.) Construction Manager to assist in creation of Architect RFP and selection of the Architect. § 4.1.2.2 A description of each Supplemental Service identified in Section 4.1.1 as the Owner’s responsibility is provided below. (Describe in detail the Owner’s Supplemental Services identified in Section 4.1.1 or, if set forth in an exhibit, identify the exhibit.) N/A § 4.1.3 If the Owner identified a Sustainable Objective in Article 1, the Construction Manager shall provide, as a Supplemental Service, the Sustainability Services per the agreed-upon terms, conditions and services related to the Owner’s Sustainable Objective. The Owner shall compensate the Construction Manager as provided in Section 11.2. § 4.2 Construction Manager’s Additional Services § 4.2.1 The Construction Manager may provide Additional Services after execution of this Agreement, without invalidating this Agreement. Except to the extent services are required due to the fault of the Construction Manager, any Additional Services provided in accordance with this Section 4.2 shall entitle the Construction Manager to compensation pursuant to Section 11.3. § 4.2.2 Upon recognizing the need to perform the following Additional Services, the Construction Manager shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need. The Construction Manager shall not proceed to provide the following Additional Services until the Construction Manager receives the Owner’s written authorization: .1 Services necessitated by a change in the Initial Information, previous instructions or approvals given by the Owner, or a material change in the Project including size, quality, complexity, the Owner’s schedule or budget for Cost of the Work, or procurement or delivery method, or bid packages in addition to those listed in Section 1.1.6. Services necessitated by sections 6.4 and 6.6 shall not be considered additional services; .2 Services necessitated by the enactment or revision of codes, laws, regulations or official interpretations after the date of this Agreement; .3 Services necessitated by decisions of the Owner not rendered in a timely manner or any other failure of performance on the part of the Owner or the Owner’s other consultants or contractors; .4 Preparation of documentation for alternate bid or proposal requests proposed by the Owner; .5 Preparation for, and attendance at, public presentations, meetings or hearings; .6 Preparation for, and attendance at, a dispute resolution proceeding or legal proceeding, except where the Construction Manager is party thereto; .7 Consultation concerning replacement of Work resulting from fire or other cause during construction and furnishing services required in connection with the replacement of such Work; or .8 Assistance to the Initial Decision Maker. § 4.2.3 To avoid delay in the Construction Phase, the Construction Manager shall provide the following Additional Services, notify the Owner with reasonable promptness, and explain the facts and circumstances giving rise to the AIA Document C132™ – 2019. Copyright © 1973, 1980, 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. User Notes: (860977505) 15 need. If, upon receipt of the Construction Manager’s notice, the Owner determines that all or parts of the services are not required, the Owner shall give prompt written notice to the Construction Manager of the Owner’s determination. The Owner shall compensate the Construction Manager for the services provided prior to the Construction Manager’s receipt of the Owner’s notice: .1 Providing assistance to the Initial Decision Maker in evaluating an extensive number of Claims submitted by a Contractor or others in connection with the Work. .2 Services required in an emergency to coordinate the activities of a Contractor or Contractors in the event of risk of personal injury or serious property damage, consistent with Section 3.3.15. § 4.2.4 Except for services required under Section 3.3.30, Construction Phase Services provided more than 60 days after (1) the date of Substantial Completion of the Work, or (2) the anticipated date of Substantial Completion identified in the Initial Information, whichever is earlier, shall be compensated as Additional Services to the extent the Construction Manager incurs additional cost in providing those Construction Phase Services. § 4.2.5 If the services covered by this Agreement have not been completed within Thirty-Six ( 36 ) months of the date of this Agreement, through no fault of the Construction Manager, extension of the Construction Manager’s services beyond that time shall be compensated as Additional Services. ARTICLE 5 OWNER’S RESPONSIBILITIES § 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program, which shall set forth the Owner’s objectives; schedule; constraints and criteria; special equipment; systems; and site requirements. § 5.2 The Owner shall establish the Owner’s budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1; (2) the Owner’s other costs; and (3) reasonable contingencies related to all of these costs. The Owner shall update the Owner’s budget for the Project as necessary throughout the duration of the Project until final completion. If the Owner significantly increases or decreases the Owner’s budget for the Cost of the Work, the Owner shall notify the Construction Manager and Architect. The Owner and the Architect, in consultation with the Construction Manager, shall thereafter agree to a corresponding change in the Project’s scope and quality. § 5.3 The Owner acknowledges that accelerated, phased, or fast-track design and construction provides a benefit, but also carries with it the risk of additional costs. If the Owner selects accelerated, phased or fast-track scheduling, the Owner agrees to include in the budget for the Project sufficient contingencies to cover such costs. § 5.4 The Owner shall retain an Architect to provide services, duties and responsibilities as described in AIA Document B132–2019, Standard Form of Agreement Between Owner and Architect, Construction Manager as Adviser Edition as modified. The Owner shall provide the Construction Manager with a copy of the scope of services in the agreement executed between the Owner and Architect, and any further modifications to the Architect’s scope of services in the agreement. § 5.5 The Owner shall identify a representative authorized to act on the Owner’s behalf with respect to the Project. Construction Manager acknowledges that Owner’s representative will need City Council approval for certain contract adjustments per City policy and state law, and the Owner’s representative shall obtain any such City Council approval prior to communicating decisions to the Construction Manager. The Owner shall render decisions pertaining to documents the Construction Manager submits in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Construction Manager’s services. § 5.6 Unless otherwise required by this Agreement to be provided by the Construction Manager, the Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries, and contours of the site; locations, dimensions, and other necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. § 5.7 Unless otherwise required by this Agreement to be provided by the Construction Manager, the Owner shall furnish services of geotechnical engineers, which may include test borings, test pits, determinations of soil bearing AIA Document C132™ – 2019. Copyright © 1973, 1980, 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. User Notes: (860977505) 16 values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. § 5.8 The Owner shall provide the Supplemental Services designated as the Owner’s responsibility in Section 4.1.1. § 5.9 If the Owner identified a Sustainable Objective in Article 1, the Owner shall fulfill its responsibilities as required in AIA Document E235™–2019, Sustainable Projects Exhibit, Construction Manager as Adviser Edition, attached to this Agreement. § 5.10 The Owner shall coordinate the services of its own consultants with those services provided by the Construction Manager. Upon the Construction Manager’s request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner’s consultants. The Owner shall furnish the services of consultants other than those designated as the responsibility of the Construction Manager in this Agreement, or authorize the Construction Manager to furnish them as an Additional Service, when the Construction Manager requests such services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall require that its consultants and contractors maintain insurance, including professional liability insurance, as appropriate to the services or work provided. § 5.11 The Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. § 5.12 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner’s needs and interests. § 5.13 The Owner shall provide prompt written notice to the Construction Manager and Architect if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect’s Instruments of Service or any fault or defect in the Construction Manager’s services. § 5.14 The Owner reserves the right to perform construction and operations related to the Project with the Owner’s own forces, and to award contracts in connection with the Project which are not part of the Construction Manager’s responsibilities under this Agreement. The Construction Manager shall notify the Owner if any such independent action will interfere with the Construction Manager’s ability to perform the Construction Manager’s responsibilities under this Agreement. When performing construction or operations related to the Project, the Owner agrees to be subject to the same obligations and to have the same rights as the Contractors. § 5.15 The Owner shall communicate with the Contractors and the Construction Manager’s consultants through the Construction Manager about matters arising out of or relating to the Contract Documents. The Owner and Construction Manager shall include the Architect in all communications that relate to or affect the Architect’s services or professional responsibilities. The Owner shall promptly notify the Architect of the substance of any direct communications between the Owner and the Construction Manager otherwise relating to the Project. Communications by and with the Architect’s consultants shall be through the Architect. § 5.16 Before executing the Contracts for Construction, the Owner shall coordinate the Construction Manager’s duties and responsibilities set forth in the Contracts for Construction with the Construction Manager’s services set forth in this Agreement. The Owner shall provide the Construction Manager a copy of the executed agreements between the Owner and Contractors, including the General Conditions of the Contracts for Construction. § 5.17 The Owner shall provide the Construction Manager access to the Project site prior to commencement of the Work and shall obligate the Contractors to provide the Construction Manager access to the Work wherever it is in preparation or progress. § 5.18 Within 15 days after receipt of a written request from the Construction Manager, the Owner shall furnish the requested information as necessary and relevant for the Construction Manager to evaluate, give notice of, or enforce lien rights. AIA Document C132™ – 2019. Copyright © 1973, 1980, 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. User Notes: (860977505) 17 § 5.19 The services, information and reports provided by the Owner pursuant to this Article 5 shall be provided at the Owner’s expense, and the Construction Manager shall be entitled to rely upon the accuracy and completeness thereof. ARTICLE 6 COST OF THE WORK § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the Contractors’ general conditions costs, overhead and profit. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Owner. The Cost of the Work includes the compensation of the Construction Manager and Construction Manager’s Consultants during the Construction Phase only, including compensation for reimbursable expenses at the job site, if any. The Cost of the Work does not include the compensation of the Architect; the costs of the land, rights-of-way, financing, or contingencies for changes in the Work; Reimbursable Expenses; or other costs that are the responsibility of the Owner. § 6.2 The Owner’s budget for the Cost of the Work is provided in Initial Information, and shall be adjusted throughout the Project as required under Sections 5.2 and 6.4. Evaluations of the Owner’s budget for the Cost of the Work, and the estimates of the Cost of the Work prepared by the Construction Manager, represent the Construction Manager’s judgment as a person or entity familiar with the construction industry. It is recognized, however, that neither the Construction Manager nor the Owner has control over the cost of labor, materials; or equipment; the Contractors’ methods of determining bid prices; or competitive bidding, market, or negotiating conditions. Accordingly, the Construction Manager cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner’s budget for the Cost of the Work, or from any estimate of the Cost of the Work, or evaluation, prepared or agreed to by the Construction Manager. § 6.3 If the Architect is providing cost estimating services as a Supplemental Service, and a discrepancy exists between the Construction Manager’s cost estimates and the Architect’s cost estimates, the Construction Manager and the Architect shall work together to reconcile the cost estimates. § 6.4 If the Construction Manager’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work, the Construction Manager, in consultation with the Architect, shall make appropriate recommendations to the Owner to adjust the Project’s size, quality, or budget for the Cost of the Work, and the Owner shall cooperate with the Construction Manager and Architect in making such adjustments. § 6.5 If the Construction Manager’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 terminate in accordance with Section 9.5; .3 in consultation with the Construction Manager and Architect, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or .4 implement any other mutually acceptable alternative. § 6.6 If the Owner chooses to revise the Project program, scope, or quality to reduce the Cost of the Work pursuant to Section 6.5.3, or if the bids or proposals received from the prospective Contractors, in the aggregate, exceed the Owner’s budget for the Cost of the Work, and the Owner chooses to revise the Project program, scope, or quality to reduce the Cost of the Work , the Construction Manager shall cooperate with the Owner and Architect to develop the necessary revisions, update the cost estimate, and obtain additional bids. The Construction Manager will perform the services described in Sections 6.4 and 6.6 without additional compensation. ARTICLE 7 COPYRIGHTS AND LICENSES The Construction Manager and the Construction Manager’s consultants, if any, shall not own or claim a copyright in the Instruments of Service. The Construction Manager, the Construction Manager’s consultants, if any, and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. AIA Document C132™ – 2019. Copyright © 1973, 1980, 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. User Notes: (860977505) 18 ARTICLE 8 CLAIMS AND DISPUTES § 8.1 General § 8.1.1 The Owner and Construction Manager shall commence all claims and causes of action against the other and arising out of or related to this Agreement, whether in contract, tort, or otherwise, in accordance with the requirements of the binding dispute resolution method selected in this Agreement and within the period specified by applicable law. § 8.1.2 To the extent damages are covered by property insurance, the Owner and Construction Manager waive all rights against each other and against the contractors, consultants, agents, and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A232–2019, General Conditions of the Contract for Construction. The Owner or the Construction Manager, as appropriate, shall require of the contractors, consultants, agents, and employees of any of them, similar waivers in favor of the other parties enumerated herein. § 8.1.3 The Construction Manager shall indemnify and hold the Owner and the Owner’s officers and employees harmless from and against damages, losses and judgments arising from claims by third parties, including reasonable attorneys’ fees and expenses recoverable under applicable law, but only to the extent they are caused by the negligent acts or omissions of the Construction Manager, its employees and its consultants in the performance of professional services under this Agreement. Construction Manager’s obligation to indemnify and hold the Owner and the Owner’s officers and employees harmless does not include the duty to defend, but does include the obligation to reimburse Owner for its reasonable attorneys’ fees and expenses, to the extent the claim is caused by the negligent acts or omissions of the Construction Manager, its employees and its consultants in the performance of professional services under this Agreement. All indemnification obligations under this Section shall survive termination, expiration or cancelation of this Agreement. The Construction Manager agrees, that in order to protect itself and the Owner under the indemnity provisions set forth in this section 8.1.3, it will at times during the term of this Agreement keep in force policies of insurances required in Section 2.8. Nothing in this Contract shall be construed to waive any immunities or limitations to which Owner is entitled under Minnesota Statute, Chapter 466 or otherwise. § 8.1.4 The Construction Manager and Owner waive consequential damages for claims, disputes, or other matters in question, arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination of this Agreement, except as specifically provided in Section 9.7. § 8.2 Mediation § 8.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation. Mediation is not a condition precedent to commencing litigation. If litigation is commenced, the parties agree to mediate before proceeding with formal discovery. § 8.2.2 The Owner and Construction Manager shall endeavor to resolve claims, disputes and other matters in question between them by mediation, which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of this Agreement. A request for mediation shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration proceeding is stayed pursuant to this section, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. § 8.2.3 The parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding dispute resolution shall be the following: (Check the appropriate box.) AIA Document C132™ – 2019. Copyright © 1973, 1980, 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. User Notes: (860977505) 19 [ « X » ] Litigation in a court of competent jurisdiction « » If the Owner and Construction Manager do not select a method of binding dispute resolution, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, the dispute will be resolved in a court of competent jurisdiction. § 8.4 The provisions of this Article 8 shall survive the termination of this Agreement. ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 Except for amounts that are the subject of a good faith dispute, if the Owner fails to make payments to the Construction Manager in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Construction Manager’s option, cause for suspension of performance of services under this Agreement. If the Construction Manager elects to suspend services, the Construction Manager shall give seven days’ written notice to the Owner before suspending services. In the event of a suspension of services, the Construction Manager shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Owner shall pay the Construction Manager all sums due in accordance with this Agreement prior to suspension and any expenses incurred in the interruption and resumption of the Construction Manager’s services. The Construction Manager’s fees for the remaining services and the time schedules shall be equitably adjusted. § 9.2 If the Owner suspends the Project, the Construction Manager shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Construction Manager shall be compensated for expenses incurred in the interruption and resumption of the Construction Manager’s services. The Construction Manager’s fees for the remaining services and the time schedules shall be equitably adjusted. § 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Construction Manager, the Construction Manager may terminate this Agreement by giving not less than seven days’ written notice. § 9.4 Either party may terminate this Agreement upon not less than seven days’ written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 9.5 The Owner may terminate this Agreement upon not less than seven days’ written notice to the Construction Manager for the Owner’s convenience and without cause. § 9.6 If the Owner terminates this Agreement for its convenience pursuant to Section 9.5, or the Construction Manager terminates this Agreement pursuant to Section 9.3, the Owner shall compensate the Construction Manager for services performed prior to termination, Reimbursable Expenses incurred, and costs attributable to termination, including the costs attributable to the Construction Manager’s termination of consultant agreements. § 9.7 In addition to any amounts paid under Section 9.6, if the Owner terminates this Agreement for its convenience pursuant to Section 9.5, or the Construction Manager terminates this Agreement pursuant to Section 9.3, the Owner shall pay to the Construction Manager the following termination fee: (Set forth below the amount of any termination fee, or the method for determining any termination fee.) 0.5% of the estimated Cost of the Work not completed as of the date of termination. § 9.8 Except as otherwise expressly provided herein, this Agreement shall terminate one year from the date of Substantial Completion. ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Agreement shall be governed by the law of the place where the Project is located, excluding that jurisdiction’s choice of law rules. AIA Document C132™ – 2019. Copyright © 1973, 1980, 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. User Notes: (860977505) 20 § 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A232–2019, General Conditions of the Contract for Construction, as modified except for purposes of this Agreement, the term “Work” shall include the work of all Contractors under the administration of the Construction Manager and the Architect. § 10.3 The Owner and Construction Manager, respectively, bind themselves, their agents, successors, assigns, and legal representatives to this Agreement. Neither the Owner nor the Construction Manager shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner’s rights and obligations under this Agreement, including any payments due to the Construction Manager by the Owner prior to the assignment. § 10.4 If the Owner requests the Construction Manager to execute certificates, the proposed language of such certificates shall be submitted to the Construction Manager for review at least 14 days prior to the requested dates of execution. If the Owner requests the Construction Manager to execute consents reasonably required to facilitate assignment to a lender, the Construction Manager shall execute all such consents that are consistent with this Agreement, provided the proposed consent is submitted to the Construction Manager for review at least 14 days prior to execution. The Construction Manager shall not be required to execute certificates or consents that would require knowledge, services, or responsibilities beyond the scope of this Agreement. § 10.5 Nothing contained in this Agreement shall create a contractual relationship with, or a cause of action in favor of, a third party against either the Owner or Construction Manager. § 10.6 Unless otherwise required in this Agreement, the Construction Manager shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site. § 10.7 With the Owner’s written consent, the Construction Manager shall have the right to include photographic or artistic representations of the design of the Project among the Construction Manager’s promotional and professional materials. The Construction Manager shall provide professional credit for the Architect and the Contractors in the Construction Manager’s promotional materials for the Project. The Construction Manager shall be given reasonable access to the completed Project to make such representations. However, the Construction Manager’s materials shall not include the Owner’s confidential or proprietary information if the Owner has previously advised the Construction Manager in writing of the specific information considered by the Owner to be confidential or proprietary. This Section 10.7 shall survive the termination of this Agreement unless the Owner terminates this Agreement for cause pursuant to Section 9.4. § 10.8 If the Construction Manager or Owner receives information specifically designated as “confidential” or “business proprietary,” the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except as set forth in Section 10.8.1. This Section 10.8 shall survive the termination of this Agreement. § 10.8.1 The receiving party may disclose "confidential" or "business proprietary" information after 7 days’ notice to the other party, when required by law, arbitrator’s order, or court order, including a subpoena or other form of compulsory legal process issued by a court or governmental entity, or to the extent such information is reasonably necessary for the receiving party to defend itself in any dispute. The receiving party may also disclose such information to its employees, consultants, or contractors in order to perform services or work solely and exclusively for the Project, provided those employees, consultants and contractors are subject to the restrictions on the disclosure and use of such information as set forth in this Section 10.8. § 10.8.2 This Agreement is subject to the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13 (“MGDPA”). The Construction Manager agrees to cooperate with the Owner with respect to the Owner’s obligations to comply with the requirements of the MGDPA. Pursuant to Minnesota Statutes, Section 13.05, subd. 11, to the extent Construction Manager performs any of Owner’s functions during performance of this Agreement, all of the data created, collected, received, stored, used, maintained, or disseminated by Construction Manager in performing any of the functions of the Owner during performance of this Agreement is subject to the applicable requirements of the MGDPA and Construction Manager shall comply with those requirements as if it were a government entity. All subcontracts entered into by Construction Manager in relation to this Agreement shall contain similar MGDPA compliance language. AIA Document C132™ – 2019. Copyright © 1973, 1980, 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. User Notes: (860977505) 21 § 10.9 The invalidity of any provision of the Agreement shall not invalidate the Agreement or its remaining provisions. If it is determined that any provision of the Agreement violates any law, or is otherwise invalid or unenforceable, then that provision shall be revised to the extent necessary to make that provision legal and enforceable. In such case the Agreement shall be construed, to the fullest extent permitted by law, to give effect to the parties’ intentions and purposes in executing the Agreement. § 10.10 Record Keeping—Availability and Retention. Pursuant to Minnesota Statues, Section 16C.05, subd. 5, Construction Manager agrees that the books, records, documents and accounting procedures and practices of Construction Manager, that are relevant to this agreement or the Project are subject to examination by the Owner and the state auditor or legislative auditor for a minimum of six (6) years. Construction Manager shall maintain such record for a minimum of six (6) year after final payment. ARTICLE 11 COMPENSATION § 11.1 For the Construction Manager’s Basic Services described under Article 3, the Owner shall compensate the Construction Manager as follows: § 11.1.1 For Preconstruction Phase Services in Section 3.2: (Insert amount of, or basis for, compensation, including stipulated sums, multiples or percentages.) Lump Sum of $25,000 for sixteen months of Preconstruction Phase Services from the date of this Agreement. Should the Preconstruction Phase exceed the above period, the Construction Manager’s time shall be billed at the hourly rates set forth in Section 11.5. § 11.1.2 For Construction Phase Services in Section 3.3: (Insert amount of, or basis for, compensation, including stipulated sums, multiples or percentages.) The Construction Manager shall be paid (i) a fee of 1.55% of the Cost of the Work defined in Article 6, (ii) the Construction Manager’s costs for administrating and managing the Project at the hourly rates set forth in Section 11.5.1, (iii) the costs of Construction Manager’s field labor for general conditions work at the hourly rates set forth in section 11.5.2, and (iv) any Reimbursable Expenses. Once the Project has been sufficiently defined after the Preconstruction Phase, the Owner and Construction Manager shall execute an Amendment setting forth the Construction Manager’s compensation for the Construction Phase of the Project as described herein. Any Construction Phase services performed prior to execution of the Amendment shall be billed at the hourly rates set forth in Sections 11.5.1 and 11.5.2, plus Reimbursable Expenses. § 11.2 For the Construction Manager’s Supplemental Services designated in Section 4.1.1, and for any Sustainability Services required pursuant to Section 4.1.3, the Owner shall compensate the Construction Manager as follows: (Insert amount of, or basis for, compensation. If necessary, list specific services to which particular methods of compensation apply.) At the hourly rates set forth in Sections 11.5.1 and 11.5.2, plus Reimbursable Expenses. § 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.2, the Owner shall compensate the Construction Manager as follows: (Insert amount of, or basis for, compensation.) At the hourly rates set forth in Sections 11.5.1 and 11.5.2, plus Reimbursable Expenses. § 11.4 Compensation for Supplemental and Additional Services of the Construction Manager’s consultants when not included in Sections 11.2 or 11.3, shall be the amount invoiced to the Construction Manager as follows: (Insert amount of, or basis for computing, Construction Manager’s consultants’ compensation for Supplemental or Additional Services.) N/A AIA Document C132™ – 2019. Copyright © 1973, 1980, 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. User Notes: (860977505) 22 § 11.5 The hourly billing rates for services of the Construction Manager and the Construction Manager’s consultants are set forth below. The rates shall be adjusted in accordance with the Construction Manager’s and Construction Manager’s consultants’ normal review practices. (If applicable, attach an exhibit of hourly billing rates or insert them below.) § 11.5.1 Hourly Rates for administrative and management personnel: Personnel Category Rate Per Hour Project Executive $194 / hour Senior Project Manager $166 / hour Project Manager $145 / hour Estimator $145 / hour General Superintendent $151 / hour Project Superintendent $143 / hour Clerical $70 / hour Accounting $70 / hour Safety Director $135 / hour Quality Manager $143 / hour The rates set forth above shall be in effect through December 31,2025. Thereafter the rates shall be increased by three percent (3%) per year as of January 1 of each subsequent year. § 11.5.2 Regular Hourly Rates for field labor personnel for any miscellaneous general requirements or general conditions-type work: Personnel Category Rate Per Hour Carpenter - Journeyman $104.90 / hour Carpenter - Foreman $110.01 / hour Carpenter – General Foreman $114.39 / hour Laborer - Journeyman $95.63 / hour Laborer - Foreman $100.01 / hour The rates set forth above shall be increased in accordance with the terms of any applicable collective bargaining agreement. The rates for any miscellaneous tool or equipment rentals shall be at the rates set forth in Exhibit A. § 11.6 Compensation for Reimbursable Expenses § 11.6.1 Reimbursable Expenses are in addition to compensation for Basic, Supplemental, and Additional Services and include expenses incurred by the Construction Manager and the Construction Manager’s consultants directly related to the Project, as follows: .1 Transportation and authorized out-of-town travel and subsistence; .2 Long distance services, dedicated data and communication services, teleconferences, Project web sites, and extranets; .3 Permitting and other fees required by authorities having jurisdiction over the Project; .4 Printing, reproductions, plots, and standard form documents; .5 Postage, handling, and delivery; .6 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner; .7 Professional photography, and presentation materials requested by the Owner; .8 If required by the Owner, and with the Owner’s prior written approval, the Construction Manager’s consultants’ expenses of professional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits in excess of that normally maintained by the Construction Manager’s consultants; .9 All taxes levied on professional services and on reimbursable expenses; .10 Site office expenses; AIA Document C132™ – 2019. Copyright © 1973, 1980, 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. User Notes: (860977505) 23 .11 General conditions expenditures, which include, for example, job site sanitation and maintenance, temporary construction facilities, support labor, and similar expenditures for minor work performed on the job site; .12 General liability, professional liability, and umbrella liability insurance at a rate of 0.95% of the cost of the Construction Manager’s Preconstruction and Construction Phase services; .13 Coordination of warranty work required to be performed by the Contractors after substantial completion of the Project at a rate of 0.15% of the Cost of the Work defined in Article 6; and .14 Other similar Project-related expenditures. § 11.6.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Construction Manager and the Construction Manager’s consultants plus 0.00% of the expenses incurred. § 11.7. Reserved § 11.8 Payments to the Construction Manager § 11.8.1 Initial Payment § 11.8.1.1 An initial payment of zero ($ 0.00 ) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner’s account in the final invoice. § 11.8.2 Progress Payments § 11.8.2.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Construction Manager’s invoice. Amounts unpaid « thirty-five» ( « 35 » ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Construction Manager. The provisions of the Minnesota Municipal Prompt Payment Act (Minn. Stat. § 471.425) shall govern late payments made under this Agreement. § 11.8.2.3 Records of Reimbursable Expenses, expenses pertaining to Supplemental and Additional Services, and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. The Construction Manager shall keep and maintain accurate documentation of all claimed reimbursable expenses. ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: (Include other terms and conditions applicable to this Agreement.) None. § 12.1 DOCUSIGN ELECTRONIC SIGNING SYSTEM. The Construction Manager has an agreement with DocuSign, Inc. (“DocuSign”) with respect to the DocuSign electronic signing system (the “DocuSign System”). The DocuSign System may be used to facilitate the administration and execution of the Owner’s Construction Contracts with the Multiple Prime Contractors, as well as various other Contract Documents requiring signatures. Should the Owner elect to have the Construction Manager use the DocuSign System with respect to any portion of the Project, the Owner acknowledges and agrees that (i) the Owner conducted its own independent investigation and evaluation as to all legal and other considerations related to its decision to use the DocuSign System on the Project, (ii) the Owner did not rely on any advice, recommendations or representations of the Construction Manager in making the Owner’s independent determination to use the DocuSign System on the Project, (iii) the Construction Manager and DocuSign are not affiliated with each other and the Construction Manager does not warrant or guarantee any portion of the DocuSign System, (iv) the Construction Manager does not warrant or guarantee that the DocuSign system complies with or satisfies any legal requirements applicable to its use on the Project, and (v) to the fullest extent permitted by law, the Owner waives, and shall hold harmless and indemnify the Construction Manager from and against, all claims, causes of action, costs, expenses and damages (including reasonable attorney’s fees) arising out of or resulting from the use of the DocuSign System on the Project. AIA Document C132™ – 2019. Copyright © 1973, 1980, 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. User Notes: (860977505) 24 ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Construction Manager and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the Owner and Construction Manager. § 13.2 This Agreement is comprised of the following documents identified below: .1 AIA Document C132™–2019, Standard Form Agreement Between Owner and Construction Manager as Adviser, as modified. .2 Exhibits: (Check the appropriate box for any exhibits incorporated into this Agreement.) [ « » ] AIA Document E235™–2019, Sustainable Projects Exhibit, Construction Manager as Adviser Edition, dated as indicated below: (Insert the date of the E235-2019 incorporated into this agreement.) « » [ « » ] Other Exhibits incorporated into this Agreement: (Clearly identify any other exhibits incorporated into this Agreement, including any exhibits identified in Section 4.1.2.) « » .4 Other documents: (List other documents, if any, forming part of the Agreement.) « Exhibit A – Tool and Equipment Rental Rates » This Agreement is entered into as of the day and year first written above. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed an original and all of which counterparts, taken together, shall constitute one and the same instrument. Delivery of an executed counterpart of a signature page of this document by facsimile, pdf or other generally accepted electronic means (e.g., DocuSign) shall be effective as delivery of a manually executed counterpart of this document. City of Eden Prairie Kraus-Anderson® Construction Company OWNER (Signature) CONSTRUCTION MANAGER (Signature) Ronald A. Case, Mayor « »« » (Printed name and title) (Printed name and title) OWNER (Signature) Rick Getschow, City Manager (Printed name and title) CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: Sept. 19, 2023 DEPARTMENT: Aditi Salunke, IT Manager ITEM DESCRIPTION: Disaster Recovery (DR) Site HP server replacement ITEM NO.: VIII.G. Requested Action: Move to approve quote and authorize purchase and implementation of HP servers at the Community Center Data Center (Disaster Recovery Site) from Xigent Solutions, LLC in the amount of $56,158.54. The quote incudes 5 years of support including updates and patch management. Synopsis: The HP servers at our DR Site were last replaced in February 2019 with 5 year support. These need to be replaced prior to February 2024. Background: The HP servers at our DR site are backup for our virtual server environment. These were purchased in 2019 with 5 year support and will need to be replaced prior to February 2024 to ensure continuity of disaster mitigation. Recommendations: After evaluating options, the IT division recommends replacing current HP servers with a Cisco solution and adding third party memory. Cisco offers excellent reliability and is quoted under State Contract #017805. Additional third party Cisco memory is reliable and cost effective, allowing us to remain within our CIP budget. Total cost for this implementation includes: Cisco Approved DIMM’s : $14,999.88 Cisco UCS for Disaster Recovery: $34,966.77 Implementation Services: $4,848.00 Attachments: Xigent Agreement (includes Exhibit A – Cisco UCS M7 Quote, Exhibit B – Cisco Approved DIMM’s, and Exhibit C – SOW for DR Compute Implementation) Contract for Goods and Services This Contract (“Contract”) is made on the 30th day of August, 2023, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Xigent Solutions, LLC, a Minnesota company (hereinafter "Xigent") whose business address is 1650 West End Blvd, Suite 100, Minneapolis, MN 55416. . Preliminary Statement The City has adopted a policy regarding the selection and hiring of Xigent to provide a variety of goods and/or services for the City. That policy requires that persons, firms or corporations providing such goods and/or services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of goods and/or services by Xigent for Purchase and Implementation of a new Servers hereinafter referred to as the "Work". The City and Xigent agree as follows: 1. Scope of Work. Xigent agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A (M7 Refresh Quote), Exhibit B (Cisco Approved DIMM’s) and Exhibit C (DR Compute Implementation). Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A, Exhibit B or Exhibit C are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Term of Contract. All Work under this Contract shall be provided, performed and/or completed by Xigent Solutions, LLC. 3. Compensation for Services. City agrees to pay Xigent a fixed sum as noted in the Xigent quote as full and complete payment for the goods, labor, materials and/or services rendered pursuant to this Contract and as described in Exhibit A, Exhibit B and Exhibit C. 4. Method of Payment. Xigent shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. 5. Staffing. Xigent has designated John Kutz to perform the Work. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Xigent may not remove or replace the designated staff without the approval of the City. [STAFFING PROVISION REQUIRED ONLY FOR SERVICES] 6. Standard of Care. Xigent 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. Standard Purchasing Contract 2017 06 01 Page 2 of 6 7. Insurance. a. General Liability. Xigent shall maintain a general liability insurance policy with limits of at least $1,000,000.00 for each person, and each occurrence, for both personal injury and property damage. Xigent shall provide City with a Certificate of Insurance verifying insurance coverage before providing service to the City. b. Worker's Compensation. Xigent shall secure and maintain such insurance as will protect Xigent from claims under the Worker's Compensation Acts and from claims for bodily injury, death, or property damage, which may arise from the performance of Xigent’s services under this Contract. c. Comprehensive Automobile Liability. Xigent shall maintain comprehensive automobile liability insurance with a $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) 8. Indemnification. Xigent will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Xigent, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Xigent, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Xigent harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 9. Limitations of Liability. IN NO EVENT WILL XIGENT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES IN CONNECTION WITH THIS AGREEMENT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, DELAY IN COMPLETION OR DELIVERY OF THE SERVICES, LOST PROFITS OR GOODWILL. NOTWITHSTANDING ANYTHING TO THE CONTRARY, XIGENT’S MAXIMUM LIABILITY TO CLIENT ARISING FROM OR IN RELATION TO THIS AGREEMENT, WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO THE INSURANCE REQUIRED BY THIS AGREEMENT. THE PARTIES AGREE THAT THE DISCLAIMERS, REMEDIES AND LIMITATIONS IN THIS AGREEMENT ARE REASONABLE IN LIGHT OF THE NATURE OF THE SERVICES, PRICING, AND RELATIONSHIP BETWEEN THE PARTIES AND CONSTITUTE A NEGOTIATED AND AGREED UPON ALLOCATION OF RISK. 10. Warranty. Xigent expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Contract, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity. 11. Limited Warranties and Representations. Standard Purchasing Contract 2017 06 01 Page 3 of 6 a. By Xigent. Xigent warrants and represents that it will provide the Equipment and perform the Services in a manner consistent with the terms of this Agreement. b. By City. City warrants and represents that it has the full right, power, authority or permission to arrange for and authorize the performance of the Services and to agree to its obligations with respect to the Equipment consistent with the terms of this Agreement. c. No Other Warranties. OTHER THAN THE EXPRESS LIMITED WARRANTIES PROVIDED IN THIS AGREEMENT, THE PARTIES MAKE NO OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THIS AGREEMENT, ANY SOW, THE EQUIPMENT, OR THE SERVICES. ALL OTHER WARRANTIES AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR THAT PARTICULAR RESULTS WILL BE OBTAINED ARE EXPRESSLY WAIVED AND DISCLAIMED. d. Remedy for Breach of Performance of Services. City shall notify Xigent in writing within thirty (30) days of City knowing or reasonably believing that the Services performed are nonconforming or defective otherwise such claim is waived. City shall take all reasonable action to mitigate damages and provide Xigent a reasonable opportunity to cure any nonconformance or defects in Services. Any other claims by City that related to the Services must be delivered in writing to Xigent within one (1) year from the date such Services were completed or such claim is waived. 12. Termination. This Contract may be terminated by either party by seven (7) days' written notice delivered to the other party at the addresses written above. Upon termination under this provision if there is no fault of Xigent, Xigent shall be paid for services rendered until the effective date of termination. 13. Independent Contractor. At all times and for all purposes herein, Xigent is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find Xigent an employee of the City. 14. Subcontract or Assignment. Xigent shall not subcontract any part of the services to be provided under this Contract; nor may Xigent assign this Contract, or any interest arising herein, without the prior written consent of the City. 15. Services Not Provided For. No claim for services furnished by Xigent not specifically provided for in Exhibit A shall be honored by the City. Standard Purchasing Contract 2017 06 01 Page 4 of 6 GENERAL TERMS AND CONDITIONS 14. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. 15. Compliance with Laws and Regulations. In providing services hereunder, Xigent shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Contract and entitle the City to immediately terminate this Contract. 16. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. 17. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. 18. Damages. In the event of a breach of this Contract by the City, Xigent shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 19. Employees. Xigent agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Xigent prior to termination of this Contract and for one (1) year thereafter, without prior written consent of the former employer in each case. 20. Enforcement. Xigent shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract. 21. Entire Contract, Construction, Application and Interpretation. This Contract is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 22. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 23. Non-Discrimination. During the performance of this Contract, Xigent shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, Standard Purchasing Contract 2017 06 01 Page 5 of 6 national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. Xigent 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. Xigent shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. Xigent further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 24. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Contract if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 25. Rights and Remedies. The duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 26. Services Not Provided For. No claim for services furnished by Xigent not specifically provided for herein shall be honored by the City. 27. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 28. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of Xigent or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by Xigent under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Contract is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Xigent in performing any of the functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Standard Purchasing Contract 2017 06 01 Page 6 of 6 Xigent shall comply with those requirements as if it were a government entity. All subcontracts entered into by Xigent in relation to this Contract shall contain similar Data Practices Act compliance language. 29. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not affect, in any respect, the validity of this Contract. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE __________________________________ Mayor ___________________________________ City Manager XIGENT By: ________________________________ Its: _______________________________ Contract Number - State Contract: 147097EXHIBIT A - City of Eden Prairie - M7 Refresh (5 Years) Quote # 017805 Version 2 Expiration Date: 09/15/2023 Prepared for: City of Eden Prairie Aditi Salunke asalunke@edenprairie.org 1650 West End Blvd Suite 100 Minneapolis, MN 55416 www.xigentsolutions.com 800-298-9543 Hardware/Maintenance Manufacturer Part Number Product Description Qty List Each % Off List Price Each Ext. Price UCS-M7-MLB UCS M7 RACK MLB 1 $0.00 0.00 % $0.00 $0.00 DC-MGT-SAAS Cisco Intersight SaaS 1 $0.00 0.00 % $0.00 $0.00 DC-MGT-IS-SAAS-ES INFRASTRUCTURE SERVICES SAAS - ESSENTIALS 5YR 2 $2,037.00 10.00 % $1,833.30 $3,666.60 SVS-DCM-SUPT-BAS DCM 1 $0.00 0.00 % $0.00 $0.00 DC-MGT-UCSC-1S UCS Central Per Server - 1 Server License 2 $0.00 0.00 % $0.00 $0.00 UCSC-C220-M7S Cisco UCS C220 M7 SFF Rack Server - Server - rack-mountable - 1U - 2-way - no CPU - RAM 0 GB - SATA/SAS/NVMe - hot-swap 2.5" bay (s) - no HDD - AST2600 - GigE - monitor: none 2 $5,206.23 46.00 % $2,811.36 $5,622.72 CON-5SSNT- UCSCUC27 5YR SOLN SUPP 8X5XNBD UCS C220 M7 Rack w/oCPU, mem, drv, 1U w 2 $4,680.00 20.00 % $3,744.00 $7,488.00 UCS-M2-240GB-D Cisco - SSD - 240 GB - internal - M.2 - SATA - Micron G1 4 $480.89 46.00 % $259.68 $1,038.72 UCS-M2-HWRAID-D Cisco - Storage controller (RAID) - M.2 Card / SATA 6Gb/s - RAID 1 2 $211.50 46.00 % $114.21 $228.42 UCSX-TPM-002C-D Cisco - Trusted Platform Module (TPM) 2.0 2 $0.00 0.00 % $0.00 $0.00 UCSC-RAIL-D Cisco Ball Bearing Rail Kit - Rack rail kit 2 $216.38 46.00 % $116.85 $233.70 UCSC-CMA-C220-D Cisco - Ball bearing rail kit - for P/N: UCSC- C220-M7N, UCSC-C220-M7S, UCSC-C240- M7SX 2 $113.94 46.00 % $61.53 $123.06 N20-BKVM-D Cisco - Keyboard / video / mouse (KVM) cable - DB-9, HD-15 (VGA), 2 x USB 2 $65.29 46.00 % $35.26 $70.52 CIMC-LATEST-D Cisco Integrated Management Controller - (v. Latest Release) - license 2 $0.00 0.00 % $0.00 $0.00 Quote #017805 v2 Page: 2 of 5 1650 West End Blvd Suite 100 Minneapolis, MN 55416 www.xigentsolutions.com 800-298-9543 UCSC-HSLP-C220M7 Cisco - Processor heatsink - for P/N: UCSC- C220-M7N, UCSC-C220-M7S, UCSC-C240- M7SX 4 $0.00 0.00 % $0.00 $0.00 UCSC-BBLKD-M7 Cisco - Drive blanking panel - for P/N: UCSC- C220-M7N, UCSC-C220-M7S, UCSC-C240- M7SX, UCSX-210C-M7-U, UCSX-9508-D-U 20 $0.00 0.00 % $0.00 $0.00 UCS-DDR5-BLK Cisco - DIMM blanking panel - for P/N: UCSC -C220-M7N, UCSC-C220-M7S, UCSC-C240- M7SX, UCSX-210C-M7-U, UCSX-9508-D-U 60 $0.00 0.00 % $0.00 $0.00 UCSC-FBRS-C220-D Cisco - Riser blanking panel 2 $0.00 0.00 % $0.00 $0.00 UCSC-FBRS2- C220M7 Cisco - Blank filler panel 2 $0.00 0.00 % $0.00 $0.00 UCS-CPU-I4410T Intel Xeon Silver 4410T - 2.7 GHz - 10-core - 26.25 MB cache - for P/N: UCSC-C220-M7N, UCSC-C220-M7S, UCSC-C240-M7SX 4 $1,810.01 46.00 % $977.41 $3,909.64 UCS-MRX64G2RE1 Cisco - DDR5 - module - 64 GB - DIMM 288- pin - 4800 MHz / PC5-38400 - 1.1 V - registered - ECC - for P/N: UCSC-C220-M7N, UCSC-C220-M7S, UCSC-C240-M7SX 4 $4,357.68 46.00 % $2,353.15 $9,412.60 UCSC-RIS1A-22XM7 Cisco 1A - Riser card - for P/N: UCSC-C220- M7N, UCSC-C220-M7S 2 $173.55 46.00 % $93.72 $187.44 UCSC-RIS2A-22XM7 Cisco 2A - Riser card - for P/N: UCSC-C220- M7N, UCSC-C220-M7S 2 $146.23 46.00 % $78.96 $157.92 UCSC-RIS3A-22XM7 Cisco 3A - Riser card - for P/N: UCSC-C220- M7N, UCSC-C220-M7S 2 $0.00 0.00 % $0.00 $0.00 UCSC-PCIEIQ10GF-D Intel X710T4LG - Network adapter - PCIe - 10Gb Ethernet x 4 - for P/N: UCSC-C220- M7N, UCSC-C220-M7S, UCSC-C240-M7SX 2 $1,525.92 46.00 % $824.00 $1,648.00 UCSC-P-IQ10GC-D CISCO-INTEL X710T4LG 4X10 GBE RJ45 PCIE NIC 2 $1,296.45 46.00 % $700.08 $1,400.16 UCSC-PSU1-1200W- D Cisco - Power supply - 80 PLUS Titanium - 1200 Watt - for P/N: UCSC-C220-M7N, UCSC- C220-M7S, UCSC-C240-M7SX 4 $519.99 46.00 % $280.79 $1,123.16 CAB-C13-C14-2M Cisco - Power cable - IEC 60320 C13 to IEC 60320 C14 - 6.6 ft - for P/N: BE6K-M6-K9, C1117-4PLTELAWZ-RF, C1131-8PLTEPWZ, FPR3105-NGFW-K9, UCS-FI-64108-RF 4 $0.00 0.00 % $0.00 $0.00 UCS-SID-INFR-OI-D Other Infrastructure 2 $0.00 0.00 % $0.00 $0.00 UCS-SID-WKL-OW-D Other Workload 2 $0.00 0.00 % $0.00 $0.00 Quote #017805 v2 Page: 3 of 5 1650 West End Blvd Suite 100 Minneapolis, MN 55416 www.xigentsolutions.com 800-298-9543 Subtotal:$36,310.66 Quote #017805 v2 Page: 4 of 5 1650 West End Blvd Suite 100 Minneapolis, MN 55416 www.xigentsolutions.com 800-298-9543 EXHIBIT A - City of Eden Prairie - M7 Refresh (5 Years) Prepared by:Prepared for:Quote Information: Xigent Solutions, LLC City of Eden Prairie Quote #: 017805 Andrew Schmelzle 651-495-5787 andrew.schmelzle@xigentsolutions.com 8080 Mitchell Road Eden Prairie, MN 55344-4485 Aditi Salunke (952) 949-8520 asalunke@edenprairie.org Version: 2 Delivery Date: 08/30/2023 Expiration Date: 09/15/2023 Quote Summary Description Amount Hardware/Maintenance $36,310.66 Total:$36,310.66 City of Eden Prairie Signature: Name:Aditi Salunke Date: Quote #017805 v2 Page: 5 of 5 Contract Number - Exhibit B - Cisco Approved DIMM's Quote # 017927 Version 1 Expiration Date: 09/15/2023 Prepared for: City of Eden Prairie Aditi Salunke asalunke@edenprairie.org 1650 West End Blvd Suite 100 Minneapolis, MN 55416 www.xigentsolutions.com 800-298-9543 Hardware/Maintenance Manufacturer Part Number Product Description Qty Price Ext. Price UCS-MRX64G2RE1-GA 64GB DDR5-4800-MT/s RDIMM 2R Cisco Approved 28 $535.71 $14,999.88 Subtotal:$14,999.88 Product Terms & Conditions This quotation/confirmation of sale (the "Sales Confirmation") and the terms and conditions (the “Terms” and collectively, this "Agreement") comprise the entire agreement between the parties, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral. The Terms prevail over any of Buyer's general terms and conditions of purchase regardless whether or when Buyer has submitted its purchase order or such terms. Fulfillment of Buyer's order does not constitute acceptance of any of Buyer's terms and conditions and does not serve to modify or amend these Terms. By executing this Sales Confirmation, below, Buyer is expressly acknowledging that it has reviewed, and accepts, the Terms which are found HERE (www.xigentsolutions.com/terms). Such Terms are hereby incorporated as part of the Agreement by this reference. Buyer further expressly acknowledges that the signing party, below, is an authorized representative of Buyer’s company with requisite authority to bind Buyer’s company to the Agreement. The parties to this Agreement agree that any electronic signatures, whether digital or encrypted, of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. “Electronic Signature” means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a party with the intent to sign such record, including facsimile or email electronic signatures pursuant to the Minnesota Uniform Electronic Transactions Act (Minn. Stat. Ann. § 325L.01 et seq.) as amended from time to time. This document contains confidential information. Each party agrees to utilize reasonable efforts to preserve confidentiality. Quote #017927 v1 Page: 2 of 3 1650 West End Blvd Suite 100 Minneapolis, MN 55416 www.xigentsolutions.com 800-298-9543 Exhibit B - Cisco Approved DIMM's Prepared by:Prepared for:Quote Information: Xigent Solutions, LLC City of Eden Prairie Quote #: 017927 Andrew Schmelzle 651-495-5787 andrew.schmelzle@xigentsolutions.com 8080 Mitchell Road Eden Prairie, MN 55441 Aditi Salunke (952) 949-8520 asalunke@edenprairie.org Version: 1 Delivery Date: 08/30/2023 Expiration Date: 09/15/2023 Quote Summary Description Amount Hardware/Maintenance $14,999.88 Total:$14,999.88 The sales tax listed is only an estimate. We will assess the final applicable sales and local taxes on your actual Invoice City of Eden Prairie Signature: Name:Aditi Salunke Date: This document contains confidential information. Each party agrees to utilize reasonable efforts to preserve confidentiality. Quote #017927 v1 Page: 3 of 3 Contract Number - Exhibit C - DR Compute Implementation Contract # 017485 Version 1 Expiration Date: 09/14/2023 Prepared for: City of Eden Prairie Aditi Salunke asalunke@edenprairie.org 1650 West End Blvd Suite 100 Minneapolis, MN 55416 www.xigentsolutions.com 800-298-9543 Executive Summary Master Services Agreement This Statement of Work (“SOW”) sets forth the terms and conditions under which City of Eden Prairie (“Client”) has engaged Xigent Solutions, LLC (“Xigent”) to provide the services described below in this SOW (collectively the “Services”) in support of Client’s desired business outcomes. This SOW is issued under and is subject to the terms and conditions set forth in the Master Services Agreement executed between Xigent and Client (“Agreement”). In the event of a conflict between the terms of this SOW and the Agreement, the terms of the Agreement will supersede this SOW unless this SOW references the specific section number which is to be superseded solely for the purposes of this SOW. Capitalized terms used in this SOW shall have the meanings ascribed to them in the Agreement. Xigent, through its employees or other agents, shall provide to Client the Services described below. Project Summary & Scope Project Summary Professional services to support Client with the implementation of their new Compute Infrastructure at their DR location. Project Scope Cisco C-Series Implementation for two (2) C220 M7 servers includes the following: Perform pre-implementation planning and completion of configuration worksheet Create, revise, or update design and cabling diagrams, as required Guide in racking and physical installation of servers Out-of-band management setup Set up Cisco Intersight Account and organization creation Licensing configuration Claim Cisco C-Series in Intersight Configure local disk raid, as applicable Configure boot order Perform firmware upgrade to Cisco’s latest recommended version for the platform. VMware vSphere ESXi installation and configuration for two (2) servers includes the following: Download and license acquisition guidance Install ESXi hypervisor using OEM or VMware ISO Base configuration including password and management network setup Join to new or existing vSphere cluster Configure shared networking for server to server inter-operation including: vSwitch or dvSwitch creation with vmnic attachment This document contains confidential information. Each party agrees to utilize reasonable efforts to preserve confidentiality. Contract #017485 v1 Page: 2 of 6 1650 West End Blvd Suite 100 Minneapolis, MN 55416 www.xigentsolutions.com 800-298-9543 VMKernal port creation for vMotion and IP storage capability Configure and mount shared storage, as applicable: Software iSCSI adapter creation and discovery target configuration Coordination with Client to update storage access policies to allow storage presentation Rescan of Host Bus Adapters and verify shared datastores are present Creation of VMFS Datastores on LUNs presented Mount NFS datastores Configure other management settings including: Syslog NTP Licensing Perform feature and functional testing including: vMotion migration VM network connectivity Demonstrate using vMotion and/or Storage vMotion functionality for migrating workloads, if required Guide client in the decommissioning of compute being replaced Project Management The Xigent Project Manager (PM) will provide the following Services: Act as the main point of contact to the Client. Manage and allocate resources based on mutually agreeable timelines. Facilitate and lead a kickoff and review meeting with Client and Xigent resources that play a role in the execution of Services. Engage with Client and Xigent resources to confirm and document successful delivery of Services defined. Xigent Responsibilities Complete the work and provide the deliverables defined within this SOW. Provide qualified, and where specifically required, certified professional(s) to perform the work and serve as a ‘trusted advisor’ to Client. Communicate with Client in a timely manner. Keep Client informed of project status, including scope, timeline, and costs. Identify and seek timely resolution to issues in order to maintain the schedule and timelines. Xigent is not responsible or liable for lost data. Client Responsibilities Perform backups of all systems affected by Services performed in this SOW. Provide all hardware and/or software and licensing required outside of the Services provided, including ensuring that all wiring, hardware, and software required to perform the Services are in working order. Provide at least one (1) technical contact with system administration responsibilities and appropriate levels of access privileges to systems and information. Respond to Xigent requests that Client resources work on issues and tasks not directly stated in this This document contains confidential information. Each party agrees to utilize reasonable efforts to preserve confidentiality. Contract #017485 v1 Page: 3 of 6 1650 West End Blvd Suite 100 Minneapolis, MN 55416 www.xigentsolutions.com 800-298-9543 SOW but have a direct impact on the successful completion of tasks related to the Services provided. Racking and cabling of equipment. Service Change Requests Service Change Requests ("SCR") will be utilized when Client requests any changes to the scope of Services described in this SOW or changes are otherwise necessary due to a change in assumptions. Client may propose a SCR directly to the Xigent PM. The PM will complete the SCR, outlining the Services that will be rendered along with any changes in costs and time required for completion. Upon signature by Client and Xigent indicating mutual written approval of the SCR, the PM will schedule the resources necessary to implement the requested change in Services. If the SCR is not signed by both parties, no further action will be taken by Xigent. Out of Scope Xigent is responsible to perform only the Services described in this SOW unless mutually agreed upon and defined in a SCR as described above. Schedule, Timeline, and Location Service delivery will be scheduled following execution of Xigent’s Agreement and this SOW. Scheduled dates for meetings and deliverables will be mutually agreed upon by Client and Xigent. All scheduled work will be conducted during normal business hours (Monday through Friday, between 8 AM and 5 PM Central Time), unless otherwise agreed upon by Client and Xigent. The Services described in this SOW will be performed remotely Assumptions Xigent has made certain assumptions while specifying the Services detailed in this SOW. By executing this SOW, Client understands and agrees to the assumptions outlined below: Documentation is limited to what is outlined in the Project Summary and Scope section of this document. Any additional documentation will be considered a change in scope and, as such, will require a SCR. Client resources will be available per the agreed upon schedule. Any Client documentation provided is accurate and approved. Professional Service Fees Services Qty Price Ext. Price Project Management 4 $212.00 $848.00 Professional Services 16 $250.00 $4,000.00 This document contains confidential information. Each party agrees to utilize reasonable efforts to preserve confidentiality. Contract #017485 v1 Page: 4 of 6 1650 West End Blvd Suite 100 Minneapolis, MN 55416 www.xigentsolutions.com 800-298-9543 Terms & Conditions Fees & Invoicing The Services outlined in this SOW will be provided on a time and materials basis. The total estimated fees are listed in the fees table. These are estimates only and include time for preparation, delivery, documentation, and project management. Xigent will invoice Client monthly and at project completion for all Services and applicable travel costs. Client shall remit payment for invoices within (30) days in accordance with the Agreement. Cancellation and Termination In the absence of a breach by Xigent of Xigent’s obligations, if Client cancels the Services or if Xigent terminates due to breach by Client, Xigent is authorized to invoice, and Client shall pay Xigent fees for Services performed through the date of cancellation. SOW Acceptance This SOW and the Agreement constitute the agreement between Xigent and Client regarding its subject matter, and supersede all prior oral or written proposals, agreements, representations and other communications between the parties with respect to the Services and shall prevail notwithstanding any different, conflicting or additional terms and conditions which may appear on any order or other document submitted by Client. IN WITNESS WHEREOF, the parties have caused this SOW to be signed on the respective dates indicated below. The parties hereby acknowledge they have read and understand this SOW, the Agreement, and all attachments hereto, and agree to all terms and conditions stated herein. This document contains confidential information. Each party agrees to utilize reasonable efforts to preserve confidentiality. Contract #017485 v1 Page: 5 of 6 1650 West End Blvd Suite 100 Minneapolis, MN 55416 www.xigentsolutions.com 800-298-9543 Prepared for:Quote Information: City of Eden Prairie Quote #: 017485 8080 Mitchell Road Eden Prairie, MN 55441 Aditi Salunke (952) 949-8520 asalunke@edenprairie.org Version: 1 Delivery Date: 08/30/2023 Expiration Date: 09/14/2023 One-Time Fees Description Amount Professional Service Fees $4,848.00 Total:$4,848.00 Xigent Solutions, LLC City of Eden Prairie Signature: Name:Aditi Salunke Date: PO Number: Signature: Name:John Kutz Title:Client Success Team Lead Date:08/30/2023 This document contains confidential information. Each party agrees to utilize reasonable efforts to preserve confidentiality. Contract #017485 v1 Page: 6 of 6 CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: Sept. 19, 2023 DEPARTMENT: Aditi Salunke, IT Manager ITEM DESCRIPTION: Upgrade Storage Area Network (SAN) ITEM NO.: VIII.H. Requested Action: Move to approve quote and authorize purchase and implementation of Storage Area Network (SAN) from Xigent Solutions, LLC in the amount of $218,170. The quote incudes 5 years of monthly support including updates and patch management. Synopsis: Our current SAN was implemented in 2018 with 6 year support and will be End of Life (EOL) January 2024. SAN needs to be upgraded with a support and maintenance plan. This is a planned upgrade, and is included in the IT CIP budget. Background: The IT staff has worked with Xigent on several projects, including the present NetApp implementation completed in 2018. Xigent has continued to support and update our SAN. They have knowledgeable and experienced NetApp staff, and together with a robust support agreement, Xigent will continue to be a strong vendor support for the SAN. The upgrade to SAN will increase storage capacity from 15.5 TB to 21 TB. NetApp A150 hardware is quoted under state contract #97232. Implementation is quoted under state contract # 017484. Support services contract renewal is under state contract #018011. NetApp A150 and hardware - $145,661.06 NetApp X5720A modules (additional memory) - $3,600 Implementation - $12,120 5 year support services - $56,789.20 Attachments: Xigent Contract for Goods and Services including NetApp A150 Refresh Quote (Exhibit A), NetApp Modules Quote (Exhibit B), NetApp Implementation Services (Exhibit C) and NetApp Support Renewal (Exhibit D) Contract for Goods and Services This Contract (“Contract”) is made on the 30th day of August, 2023, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Xigent Solutions, LLC, a Minnesota company (hereinafter "Xigent") whose business address is 1650 West End Blvd, Suite 100, Minneapolis, MN 55416. . Preliminary Statement The City has adopted a policy regarding the selection and hiring of Xigent to provide a variety of goods and/or services for the City. That policy requires that persons, firms or corporations providing such goods and/or services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of goods and/or services by Xigent for Purchase and Implementation of a new Servers hereinafter referred to as the "Work". The City and Xigent agree as follows: 1. Scope of Work. Xigent agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A (NetApp A150 Refresh Quote), Exhibit B (NetApp Modules Quote), Exhibit C (NetApp Implementation) and Exhibit D (Support Service Renewal). Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A, Exhibit B, Exhibit C or Exhibit D are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Term of Contract. All Work under this Contract shall be provided, performed and/or completed by Xigent Solutions, LLC. 3. Compensation for Services. City agrees to pay Xigent a fixed sum as noted in the Xigent quote as full and complete payment for the goods, labor, materials and/or services rendered pursuant to this Contract and as described in Exhibit A, Exhibit B, Exhibit C and Exhibit D. 4. Method of Payment. Xigent shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. 5. Staffing. Xigent has designated John Kutz to perform the Work. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Xigent may not remove or replace the designated staff without the approval of the City. [STAFFING PROVISION REQUIRED ONLY FOR SERVICES] 6. Standard of Care. Xigent 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. Standard Purchasing Contract 2017 06 01 Page 2 of 6 7. Insurance. a. General Liability. Xigent shall maintain a general liability insurance policy with limits of at least $1,000,000.00 for each person, and each occurrence, for both personal injury and property damage. Xigent shall provide City with a Certificate of Insurance verifying insurance coverage before providing service to the City. b. Worker's Compensation. Xigent shall secure and maintain such insurance as will protect Xigent from claims under the Worker's Compensation Acts and from claims for bodily injury, death, or property damage, which may arise from the performance of Xigent’s services under this Contract. c. Comprehensive Automobile Liability. Xigent shall maintain comprehensive automobile liability insurance with a $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) 8. Indemnification. Xigent will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Xigent, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Xigent, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Xigent harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 9. Limitations of Liability. IN NO EVENT WILL XIGENT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES IN CONNECTION WITH THIS AGREEMENT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, DELAY IN COMPLETION OR DELIVERY OF THE SERVICES, LOST PROFITS OR GOODWILL. NOTWITHSTANDING ANYTHING TO THE CONTRARY, XIGENT’S MAXIMUM LIABILITY TO CLIENT ARISING FROM OR IN RELATION TO THIS AGREEMENT, WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO THE INSURANCE REQUIRED BY THIS AGREEMENT. THE PARTIES AGREE THAT THE DISCLAIMERS, REMEDIES AND LIMITATIONS IN THIS AGREEMENT ARE REASONABLE IN LIGHT OF THE NATURE OF THE SERVICES, PRICING, AND RELATIONSHIP BETWEEN THE PARTIES AND CONSTITUTE A NEGOTIATED AND AGREED UPON ALLOCATION OF RISK. 10. Warranty. Xigent expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Contract, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity. 11. Limited Warranties and Representations. Standard Purchasing Contract 2017 06 01 Page 3 of 6 a. By Xigent. Xigent warrants and represents that it will provide the Equipment and perform the Services in a manner consistent with the terms of this Agreement. b. By City. City warrants and represents that it has the full right, power, authority or permission to arrange for and authorize the performance of the Services and to agree to its obligations with respect to the Equipment consistent with the terms of this Agreement. c. No Other Warranties. OTHER THAN THE EXPRESS LIMITED WARRANTIES PROVIDED IN THIS AGREEMENT, THE PARTIES MAKE NO OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THIS AGREEMENT, ANY SOW, THE EQUIPMENT, OR THE SERVICES. ALL OTHER WARRANTIES AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR THAT PARTICULAR RESULTS WILL BE OBTAINED ARE EXPRESSLY WAIVED AND DISCLAIMED. d. Remedy for Breach of Performance of Services. City shall notify Xigent in writing within thirty (30) days of City knowing or reasonably believing that the Services performed are nonconforming or defective otherwise such claim is waived. City shall take all reasonable action to mitigate damages and provide Xigent a reasonable opportunity to cure any nonconformance or defects in Services. Any other claims by City that related to the Services must be delivered in writing to Xigent within one (1) year from the date such Services were completed or such claim is waived. 12. Termination. This Contract may be terminated by either party by seven (7) days' written notice delivered to the other party at the addresses written above. Upon termination under this provision if there is no fault of Xigent, Xigent shall be paid for services rendered until the effective date of termination. 13. Independent Contractor. At all times and for all purposes herein, Xigent is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find Xigent an employee of the City. 14. Subcontract or Assignment. Xigent shall not subcontract any part of the services to be provided under this Contract; nor may Xigent assign this Contract, or any interest arising herein, without the prior written consent of the City. 15. Services Not Provided For. No claim for services furnished by Xigent not specifically provided for in Exhibit A shall be honored by the City. Standard Purchasing Contract 2017 06 01 Page 4 of 6 GENERAL TERMS AND CONDITIONS 14. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. 15. Compliance with Laws and Regulations. In providing services hereunder, Xigent shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Contract and entitle the City to immediately terminate this Contract. 16. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. 17. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. 18. Damages. In the event of a breach of this Contract by the City, Xigent shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 19. Employees. Xigent agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Xigent prior to termination of this Contract and for one (1) year thereafter, without prior written consent of the former employer in each case. 20. Enforcement. Xigent shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract. 21. Entire Contract, Construction, Application and Interpretation. This Contract is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 22. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 23. Non-Discrimination. During the performance of this Contract, Xigent shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, Standard Purchasing Contract 2017 06 01 Page 5 of 6 national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. Xigent 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. Xigent shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. Xigent further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 24. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Contract if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 25. Rights and Remedies. The duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 26. Services Not Provided For. No claim for services furnished by Xigent not specifically provided for herein shall be honored by the City. 27. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 28. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of Xigent or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by Xigent under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Contract is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Xigent in performing any of the functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Standard Purchasing Contract 2017 06 01 Page 6 of 6 Xigent shall comply with those requirements as if it were a government entity. All subcontracts entered into by Xigent in relation to this Contract shall contain similar Data Practices Act compliance language. 29. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not affect, in any respect, the validity of this Contract. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE __________________________________ Mayor ___________________________________ City Manager XIGENT By: ________________________________ Its: _______________________________ Contract Number - 97232Exhibit A - City of Eden Prairie - NetApp A150 Refresh (5 Years) Quote # 017808 Version 2 Expiration Date: 10/15/2023 Prepared for: City of Eden Prairie Aditi Salunke asalunke@edenprairie.org 1650 West End Blvd Suite 100 Minneapolis, MN 55416 www.xigentsolutions.com 800-298-9543 Hardware/Maintenance Manufacturer Part Number Product Description Qty List Each % Off List Price Each Ext. Price NASPO State Contract 97232 Site 1 AFF-A150A AFF-A150,Model - SITE 1 1 $0.00 0.00 % $0.00 $0.00 AFF-A150A-001 AFF-A150 HA SystemCNA 2 $8,869.24 77.33 % $2,010.41 $4,020.82 SW-ENCRYPT-BDL- FA-C SW,Encryption Bundle,FAS,AFF,-C 2 $0.00 0.00 % $0.00 $0.00 AFF-A150-104-C AFF A1508X3.8TB SSD-C 1 $53,676.05 77.33 % $12,166.51 $12,166.51 SW-DATA-PRO-BDL- SSD-A00-C SWData Protectn BdlPer-0.1TBSSDAFFA00-C 304 $78.64 77.34 % $17.82 $5,417.28 SW-CORE-BNDLE- SSD-A00-C SWCore BundlePer-0.1TBSSDA00-C 304 $219.06 77.33 % $49.66 $15,096.64 DATA-AT-REST- ENCRYPTION Data at Rest Encryption Capable Operating Sys 2 $0.00 0.00 % $0.00 $0.00 DOC-AFF-A150-C DocumentsAFF-A150-C 1 $0.00 0.00 % $0.00 $0.00 X-02659-00-N-C Rail Kit4-PostRnd/Sq-HoleAdj24-32-C 1 $0.00 0.00 % $0.00 $0.00 X800-42U-R6-C Jumper CrdIn-CabC13-C14-C 2 $0.00 0.00 % $0.00 $0.00 X6566B-05-N-C Cable,Direct Attach CU SFP+ 10G,0.5M,-C 2 $0.00 0.00 % $0.00 $0.00 X-SFP-H10GB-CU3M -R6-N-C Cable,10GBase Copper SFP+ 3m,-C 4 $0.00 0.00 % $0.00 $0.00 CS-4HR- REPLACEMENT 4hr Parts Replacement 5YR 1 $8,095.77 26.44 % $5,954.89 $5,954.89 CS-G1-SE-ADVISOR SupportEdge Advisor 5YR 1 $40,478.83 26.45 % $29,774.39 $29,774.39 Shipping Shipping 1 $400.00 0.00 % $400.00 $400.00 Site 2 This document contains confidential information. Each party agrees to utilize reasonable efforts to preserve confidentiality. Quote #017808 v2 Page: 2 of 5 1650 West End Blvd Suite 100 Minneapolis, MN 55416 www.xigentsolutions.com 800-298-9543 AFF-A150A AFF-A150,Model - SITE 2 1 $0.00 0.00 % $0.00 $0.00 AFF-A150A-001 AFF-A150 HA SystemCNA 2 $8,869.24 77.33 % $2,010.41 $4,020.82 SW-ENCRYPT-BDL- FA-C SW,Encryption Bundle,FAS,AFF,-C 2 $0.00 0.00 % $0.00 $0.00 AFF-A150-104-C AFF A1508X3.8TB SSD-C 1 $53,676.05 77.33 % $12,166.51 $12,166.51 SW-DATA-PRO-BDL- SSD-A00-C SWData Protectn BdlPer-0.1TBSSDAFFA00-C 304 $78.64 77.34 % $17.82 $5,417.28 SW-CORE-BNDLE- SSD-A00-C SWCore BundlePer-0.1TBSSDA00-C 304 $219.06 77.33 % $49.66 $15,096.64 DATA-AT-REST- ENCRYPTION Data at Rest Encryption Capable Operating Sys 2 $0.00 0.00 % $0.00 $0.00 DOC-AFF-A150-C DocumentsAFF-A150-C 1 $0.00 0.00 % $0.00 $0.00 X-02659-00-N-C Rail Kit4-PostRnd/Sq-HoleAdj24-32-C 1 $0.00 0.00 % $0.00 $0.00 X800-42U-R6-C Jumper CrdIn-CabC13-C14-C 2 $0.00 0.00 % $0.00 $0.00 X6566B-05-N-C Cable,Direct Attach CU SFP+ 10G,0.5M,-C 2 $0.00 0.00 % $0.00 $0.00 X-SFP-H10GB-CU3M -R6-N-C Cable,10GBase Copper SFP+ 3m,-C 4 $0.00 0.00 % $0.00 $0.00 CS-4HR- REPLACEMENT 4hr Parts Replacement 5YR 1 $8,095.77 26.44 % $5,954.89 $5,954.89 CS-G1-SE-ADVISOR SupportEdge Advisor 5YR 1 $40,478.83 26.45 % $29,774.39 $29,774.39 Shipping Shipping 1 $400.00 0.00 % $400.00 $400.00 Quote # 17808 is approved w/ Net 90 Terms. Subtotal:$145,661.06 This document contains confidential information. Each party agrees to utilize reasonable efforts to preserve confidentiality. Quote #017808 v2 Page: 3 of 5 1650 West End Blvd Suite 100 Minneapolis, MN 55416 www.xigentsolutions.com 800-298-9543 Product Terms & Conditions This quotation/confirmation of sale (the "Sales Confirmation") and the terms and conditions (the “Terms” and collectively, this "Agreement") comprise the entire agreement between the parties, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral. The Terms prevail over any of Buyer's general terms and conditions of purchase regardless whether or when Buyer has submitted its purchase order or such terms. Fulfillment of Buyer's order does not constitute acceptance of any of Buyer's terms and conditions and does not serve to modify or amend these Terms. By executing this Sales Confirmation, below, Buyer is expressly acknowledging that it has reviewed, and accepts, the Terms which are found HERE (www.xigentsolutions.com/terms). Such Terms are hereby incorporated as part of the Agreement by this reference. Buyer further expressly acknowledges that the signing party, below, is an authorized representative of Buyer’s company with requisite authority to bind Buyer’s company to the Agreement. The parties to this Agreement agree that any electronic signatures, whether digital or encrypted, of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. “Electronic Signature” means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a party with the intent to sign such record, including facsimile or email electronic signatures pursuant to the Minnesota Uniform Electronic Transactions Act (Minn. Stat. Ann. § 325L.01 et seq.) as amended from time to time. This document contains confidential information. Each party agrees to utilize reasonable efforts to preserve confidentiality. Quote #017808 v2 Page: 4 of 5 1650 West End Blvd Suite 100 Minneapolis, MN 55416 www.xigentsolutions.com 800-298-9543 Exhibit A - City of Eden Prairie - NetApp A150 Refresh (5 Years) Prepared by:Prepared for:Quote Information: Xigent Solutions, LLC City of Eden Prairie Quote #: 017808 Andrew Schmelzle 651-495-5787 andrew.schmelzle@xigentsolutions.com 8080 Mitchell Road Eden Prairie, MN 55441 Aditi Salunke (952) 949-8520 asalunke@edenprairie.org Version: 2 Delivery Date: 08/29/2023 Expiration Date: 10/15/2023 Quote Summary Description Amount Hardware/Maintenance $145,661.06 Total:$145,661.06 NASPO State Contract 97232. The sales tax listed is only an estimate. We will assess the final applicable sales and local taxes on your actual Invoice City of Eden Prairie Signature: Name:Aditi Salunke Date: This document contains confidential information. Each party agrees to utilize reasonable efforts to preserve confidentiality. Quote #017808 v2 Page: 5 of 5 Contract Number - Exhibit B - NetApp X5720A Modules (Used) Quote # 017930 Version 1 Expiration Date: 10/15/2023 Prepared for: City of Eden Prairie Aditi Salunke asalunke@edenprairie.org 1650 West End Blvd Suite 100 Minneapolis, MN 55416 www.xigentsolutions.com 800-298-9543 Hardware/Maintenance Manufacturer Part Number Product Description Qty Price Ext. Price X5720A NetApp IOM12,SAS,12G (used)2 $1,800.00 $3,600.00 Subtotal:$3,600.00 Product Terms & Conditions This quotation/confirmation of sale (the "Sales Confirmation") and the terms and conditions (the “Terms” and collectively, this "Agreement") comprise the entire agreement between the parties, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral. The Terms prevail over any of Buyer's general terms and conditions of purchase regardless whether or when Buyer has submitted its purchase order or such terms. Fulfillment of Buyer's order does not constitute acceptance of any of Buyer's terms and conditions and does not serve to modify or amend these Terms. By executing this Sales Confirmation, below, Buyer is expressly acknowledging that it has reviewed, and accepts, the Terms which are found HERE (www.xigentsolutions.com/terms). Such Terms are hereby incorporated as part of the Agreement by this reference. Buyer further expressly acknowledges that the signing party, below, is an authorized representative of Buyer’s company with requisite authority to bind Buyer’s company to the Agreement. The parties to this Agreement agree that any electronic signatures, whether digital or encrypted, of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. “Electronic Signature” means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a party with the intent to sign such record, including facsimile or email electronic signatures pursuant to the Minnesota Uniform Electronic Transactions Act (Minn. Stat. Ann. § 325L.01 et seq.) as amended from time to time. This document contains confidential information. Each party agrees to utilize reasonable efforts to preserve confidentiality. Quote #017930 v1 Page: 2 of 3 1650 West End Blvd Suite 100 Minneapolis, MN 55416 www.xigentsolutions.com 800-298-9543 Exhibit B - NetApp X5720A Modules (Used) Prepared by:Prepared for:Quote Information: Xigent Solutions, LLC City of Eden Prairie Quote #: 017930 Andrew Schmelzle 651-495-5787 andrew.schmelzle@xigentsolutions.com 8080 Mitchell Road Eden Prairie, MN 55441 Aditi Salunke (952) 949-8520 asalunke@edenprairie.org Version: 1 Delivery Date: 08/30/2023 Expiration Date: 10/15/2023 Quote Summary Description Amount Hardware/Maintenance $3,600.00 Total:$3,600.00 The sales tax listed is only an estimate. We will assess the final applicable sales and local taxes on your actual Invoice City of Eden Prairie Signature: Name:Aditi Salunke Date: This document contains confidential information. Each party agrees to utilize reasonable efforts to preserve confidentiality. Quote #017930 v1 Page: 3 of 3 Contract Number - Exhibit C - NetApp Implementation Contract # 017484 Version 1 Expiration Date: 10/15/2023 Prepared for: City of Eden Prairie Aditi Salunke asalunke@edenprairie.org 1650 West End Blvd Suite 100 Minneapolis, MN 55416 www.xigentsolutions.com 800-298-9543 Executive Summary Master Services Agreement This Statement of Work (“SOW”) sets forth the terms and conditions under which City of Eden Prairie (“Client”) has engaged Xigent Solutions, LLC (“Xigent”) to provide the services described below in this SOW (collectively the “Services”) in support of Client’s desired business outcomes. This SOW is issued under and is subject to the terms and conditions set forth in the Master Services Agreement executed between Xigent and Client (“Agreement”). In the event of a conflict between the terms of this SOW and the Agreement, the terms of the Agreement will supersede this SOW unless this SOW references the specific section number which is to be superseded solely for the purposes of this SOW. Capitalized terms used in this SOW shall have the meanings ascribed to them in the Agreement. Xigent, through its employees or other agents, shall provide to Client the Services described below. Project Summary & Scope Project Summary Client is engaging Xigent to implement new NetApp arrays at production site (City Hall) and disaster recovery site (Community Center). Project Scope NetApp A150 Storage Base Implementation Perform pre-implementation planning Install NetApp A150 storage arrays in City Hall and the Community Center, respectively, including: o Inspection and inventory of new physical equipment. o Cluster Setup and Node Configurations o Verification of software licenses and feature functionality Cabling of storage arrays, relevant switches, and disk shelf subsystems Logical Storage Deployment, aggregate outlay and composition, raid group sizing, and disk subsystem performance Perform checks on software and firmware versions o Analysis of exposure to system (software, firmware, and hardware) bugs, configuration errors, and other risks Testing of AutoSupport phone home functionality Integrated Data Protection and Backup configuration (snapshot/snapmirror/etc), including schedules and policy based automation Protocol configuration and upstream data presentation Storage Efficiency Configuration and optimization of underlying storage efficiency technologies Networking configuration in conformance to NetApp, Cisco and VMware Best Practices o Network Integration with virtual/physical servers that inner-operate with the storage system o Analysis of vSphere storage networking configuration in relation to NetApp storage o Logical Network Configuration o Logical Network Failover Configuration This document contains confidential information. Each party agrees to utilize reasonable efforts to preserve confidentiality. Contract #017484 v1 Page: 2 of 6 1650 West End Blvd Suite 100 Minneapolis, MN 55416 www.xigentsolutions.com 800-298-9543 o LIF distribution and network load-balancing o Security, on-box firewalling, and system accessibility configuration o Redundancy and multi-path configuration Integration/Update of NetApp management and monitoring toolsets, including: o OnCommand Unified Manager o NaBox (Graphical performance analysis toolset) Project Management The Xigent Project Manager (PM) will provide the following Services: Act as the main point of contact to the Client. Manage and allocate resources based on mutually agreeable timelines. Facilitate and lead a kickoff and review meeting with Client and Xigent resources that play a role in the execution of Services. Engage with Client and Xigent resources to confirm and document successful delivery of Services defined. Xigent Responsibilities Complete the work and provide the deliverables defined within this SOW. Provide qualified, and where specifically required, certified professional(s) to perform the work and serve as a ‘trusted advisor’ to Client. Communicate with Client in a timely manner. Keep Client informed of project status, including scope, timeline, and costs. Identify and seek timely resolution to issues in order to maintain the schedule and timelines. Xigent is not responsible or liable for lost data. Client Responsibilities Perform backups of all systems affected by Services performed in this SOW. Provide all hardware and/or software and licensing required outside of the Services provided, including ensuring that all wiring, hardware, and software required to perform the Services are in working order. Provide at least one (1) technical contact with system administration responsibilities and appropriate levels of access privileges to systems and information. Respond to Xigent requests that Client resources work on issues and tasks not directly stated in this SOW but have a direct impact on the successful completion of tasks related to the Services provided. Service Change Requests Service Change Requests ("SCR") will be utilized when Client requests any changes to the scope of Services described in this SOW or changes are otherwise necessary due to a change in assumptions. Client may propose a SCR directly to the Xigent PM. The PM will complete the SCR, outlining the Services that will be rendered along with any changes in costs and time required for completion. Upon signature by Client and Xigent indicating mutual written approval of the SCR, the PM will schedule the resources This document contains confidential information. Each party agrees to utilize reasonable efforts to preserve confidentiality. Contract #017484 v1 Page: 3 of 6 1650 West End Blvd Suite 100 Minneapolis, MN 55416 www.xigentsolutions.com 800-298-9543 necessary to implement the requested change in Services. If the SCR is not signed by both parties, no further action will be taken by Xigent. Out of Scope Xigent is responsible to perform only the Services described in this SOW unless mutually agreed upon and defined in a SCR as described above. Schedule, Timeline, and Location Service delivery will be scheduled following execution of Xigent’s Agreement and this SOW. Scheduled dates for meetings and deliverables will be mutually agreed upon by Client and Xigent. All scheduled work will be conducted during normal business hours (Monday through Friday, between 8 AM and 5 PM Central Time), unless otherwise agreed upon by Client and Xigent. The Services described in this SOW will be performed remotely and at the following Client locations: City Hall and the Community Center Assumptions Xigent has made certain assumptions while specifying the Services detailed in this SOW. By executing this SOW, Client understands and agrees to the assumptions outlined below: Documentation is limited to what is outlined in the Project Summary and Scope section of this document. Any additional documentation will be considered a change in scope and, as such, will require a SCR. Client resources will be available per the agreed upon schedule. Any Client documentation provided is accurate and approved. Professional Service Fees Services Qty Price Ext. Price Project Management 10 $212.00 $2,120.00 Professional Services 40 $250.00 $10,000.00 This document contains confidential information. Each party agrees to utilize reasonable efforts to preserve confidentiality. Contract #017484 v1 Page: 4 of 6 1650 West End Blvd Suite 100 Minneapolis, MN 55416 www.xigentsolutions.com 800-298-9543 Terms & Conditions Fees & Invoicing The Services outlined in this SOW will be provided on a time and materials basis. The total estimated fees are listed in the fees table. These are estimates only and include time for preparation, delivery, documentation, and project management. Xigent will invoice Client monthly and at project completion for all Services and applicable travel costs. Client shall remit payment for invoices within (30) days in accordance with the Agreement. Cancellation and Termination In the absence of a breach by Xigent of Xigent’s obligations, if Client cancels the Services or if Xigent terminates due to breach by Client, Xigent is authorized to invoice, and Client shall pay Xigent fees for Services performed through the date of cancellation. SOW Acceptance This SOW and the Agreement constitute the agreement between Xigent and Client regarding its subject matter, and supersede all prior oral or written proposals, agreements, representations and other communications between the parties with respect to the Services and shall prevail notwithstanding any different, conflicting or additional terms and conditions which may appear on any order or other document submitted by Client. IN WITNESS WHEREOF, the parties have caused this SOW to be signed on the respective dates indicated below. The parties hereby acknowledge they have read and understand this SOW, the Agreement, and all attachments hereto, and agree to all terms and conditions stated herein. This document contains confidential information. Each party agrees to utilize reasonable efforts to preserve confidentiality. Contract #017484 v1 Page: 5 of 6 1650 West End Blvd Suite 100 Minneapolis, MN 55416 www.xigentsolutions.com 800-298-9543 Prepared for:Quote Information: City of Eden Prairie Quote #: 017484 8080 Mitchell Road Eden Prairie, MN 55441 Aditi Salunke (952) 949-8520 asalunke@edenprairie.org Version: 1 Delivery Date: 08/30/2023 Expiration Date: 10/15/2023 One-Time Fees Description Amount Professional Service Fees $12,120.00 Total:$12,120.00 Xigent Solutions, LLC City of Eden Prairie Signature: Name:Aditi Salunke Date: PO Number: Signature: Name:John Kutz Title:Client Success Team Lead Date:08/30/2023 This document contains confidential information. Each party agrees to utilize reasonable efforts to preserve confidentiality. Contract #017484 v1 Page: 6 of 6 Contract Number - Exhibit D - Support Services Contract Renewal Contract # 018011 Version 1 Expiration Date: 10/15/2023 Prepared for: City of Eden Prairie Aditi Salunke asalunke@edenprairie.org 1650 West End Blvd Suite 100 Minneapolis, MN 55416 www.xigentsolutions.com 800-298-9543 Support Services Contract Support Services Contract Confidentiality Statement This document may contain confidential information. Each party agrees to utilize reasonable efforts to preserve confidentiality. Either party may disclose information contained in this document to internal employees as necessary. Each party further agrees the terms and conditions of the Mutual Confidentiality and Nondisclosure Agreement apply to and are hereby incorporated into this Support Services Contract by reference. Master Services Agreement This Support Services Contract (“SSC”) sets forth the terms and conditions under which City of Eden Prairie (“Client”) has engaged Xigent Solutions, LLC ( “Xigent”) to provide the services described below in this SSC (collectively the “Services”) in support of Client’s desired business outcomes. This SSC is issued under and is subject to the terms and conditions set forth in the Master Services Agreement executed between Xigent and Client (“Agreement”). In the event of a conflict between the terms of this SSC and the Agreement, the terms of the Agreement will supersede this SSC unless this SSC references the specific section number which is to be superseded solely for the purposes of this SSC. Capitalized terms used in this SSC shall have the meanings ascribed to them in the Agreement. Xigent, through its employees or other agents, shall provide to Client the Services described below. Executive Summary Client has requested Xigent to provide the Services defined within this SSC to allow Client to focus on other day-to-day activities of the business. This will include providing monthly operations reports on both NetApp clusters. Patches & Updates Xigent will perform update and patch management activities on the technology components outlined below. Each technology has a standard recommended patch and update frequency which is also defined below. Any additional required patch cycles will be handled through a Service Change Request (SCR) on a time and materials basis. Xigent’s SSC includes managing patches and updates only. Major release upgrades are not included in this SSC. Client can schedule major release upgrade support by completing the SCR process outlined in the SCR section below. Included Activities: This document contains confidential information. Each party agrees to utilize reasonable efforts to preserve confidentiality. Contract #018011 v1 Page: 2 of 7 1650 West End Blvd Suite 100 Minneapolis, MN 55416 www.xigentsolutions.com 800-298-9543 Identify patch and update announcements from vendors. Evaluate the scope of the patch or update, applicability to Client’s environment, and the stability of the patch or update. Recommend timing to apply the patch or update (part of regular patch/update release cycle, or emergency cycle). Work with Client to deploy patch or update. Xigent will provide patch and update Services for the following technologies: NetApp Platform Xigent will perform patch and update Services to software and firmware associated with the Client’s NetApp environment. Xigent has allowed for two patch cycles annually in this SSC. NetApp Array - 2 Event Management Xigent will provide an annual block of time (12 hours) to respond to ad-hoc service requests, support requests and to assist with event resolution per agreed upon service levels as defined in the table below. Xigent will assist with event resolution per service levels defined in the table below. Xigent will investigate and recommend appropriate resolution action for events. Xigent will respond to events as follows: 1. Xigent will reach out to Client via email and phone to ensure Client has received notification of the event. 2. Xigent will make every attempt to identify root causes or resolve the event associated with the monitored devices. 3. Xigent will then document, track, and close all event tickets within the Xigent Service Desk system. Priority Definition Response Time Maximum Commencement Time Critical Environment is down. Client is unable to operate. 95% within 30 minutes 95% within 60 minutes Additional SSC Detail Client Success Management The Xigent Client Success Manager ("CSM") will provide the following Services: This document contains confidential information. Each party agrees to utilize reasonable efforts to preserve confidentiality. Contract #018011 v1 Page: 3 of 7 1650 West End Blvd Suite 100 Minneapolis, MN 55416 www.xigentsolutions.com 800-298-9543 Act as the main point of contact to the Client. Manage and allocate resources based on mutually agreeable timelines. Facilitate and lead a kickoff and review meeting with Client and Xigent resources that play a role in the execution of Services. Engage with Client and Xigent resources to confirm and document successful delivery of Services defined. Conduct regular meetings with Client to review delivery of services, prior accomplishments and planned future activities. Service Change Requests ("SCR") Client may propose a SCR directly to the CSM. The CSM will complete the SCR, outlining the Services that will be rendered along with any changes in estimated costs and time required for completion. Upon signature by Client and Xigent, the CSM will schedule the resources necessary to implement the requested change in Services. Service Desk Xigent's Service Desk is a 24x7x365 single point of contact for Client to: Get status or update on open events. Get status or update on service requests. Request Xigent's involvement in resolving an event. Request Services from Xigent resources described in the SSC. Client experiencing a critical event or incident should call the Service Desk at (855)-290-4500. Events will be responded to as defined below. Service Requests Contact Information Response Time Maximum Response Time Phone 855-290-4500 95% within 30 minutes Request for assistance with critical event or incident:* 95% within 60 minutes Email servicedesk@xigentsolutions.com 90% within next business day 95% within 5 business days of Client approval Web Form https://xigentsolutions.com/support/90% within next business day 95% within 5 business days of Client approval Out of Scope Any Services requested outside of the scope of this SSC requires a SCR. Xigent is responsible to perform only the Services described in this SSC. Schedule, Timeline and Location Service delivery will be scheduled following execution of Xigent’s Agreement and this SSC. Scheduled dates for meetings and deliverables will be mutually agreed upon by Client and Xigent. The Services This document contains confidential information. Each party agrees to utilize reasonable efforts to preserve confidentiality. Contract #018011 v1 Page: 4 of 7 1650 West End Blvd Suite 100 Minneapolis, MN 55416 www.xigentsolutions.com 800-298-9543 described in this SSC will be performed remotely. Assumptions Client understands and agrees to the assumptions outlined below: Documentation is limited to what is outlined in this SSC. Any additional documentation will be considered a change in scope and, as such, will require a SCR. Client resources will be available per the agreed upon schedule. Any Client documentation provided is accurate. Roles & Responsibilities Xigent Responsibilities Complete the work defined within this SSC. Provide qualified, and where specifically required, certified professional(s) to perform the work and serve as a ‘trusted advisor’ to Client. Communicate with Client in a timely manner. Identify and seek timely resolution to issues which may hinder schedule and timelines. Xigent is not responsible or liable for lost data. Client Responsibilities Prior to execution of this SSC, Client must provide currently installed firmware / software versions for all hardware covered by this SSC. If hardware is found to be using versions released prior to the current supported version(s) and is therefore unsupported, then Client will need to upgrade to one of the then-current minimum supported versions prior to execution of this SSC. Xigent engineers are available to perform the upgrades on a time and materials basis. Perform backups of all systems affected by Services performed in this SSC. Provide at least one (1) technical contact with system administration responsibilities and appropriate levels of access privileges to systems and information. Respond to Xigent requests that Client resources work on issues and tasks not directly stated in this SSC but have a direct impact on the successful completion of tasks related to the Services provided. Designate a sponsor that will act as a liaison for Xigent staff during the term of this SSC. This person will be responsible for coordinating the assistance of Client personnel and access to IT resources. Provide (1) on-premise, licensed and supported Windows Server for monitoring and remote access to support this SSC. Provide the necessary administrative usernames and passwords for Xigent resource(s) to leverage and perform assigned tasks. This document contains confidential information. Each party agrees to utilize reasonable efforts to preserve confidentiality. Contract #018011 v1 Page: 5 of 7 1650 West End Blvd Suite 100 Minneapolis, MN 55416 www.xigentsolutions.com 800-298-9543 Terms & Conditions Service Fees This is a sixty (60)-month SSC with the total estimated effort for the Services & Onboarding Services identified in the fee table. Xigent reserves the right to pass on third party costs outside of it's control. Invoicing Xigent will invoice Onboarding Services upon SSC signature. Xigent shall invoice Client monthly for all Services and Client shall remit payment for invoices within (30) days of invoice. Monthly fees will be invoiced in advance for the upcoming month. Xigent will summarize Services performed and expenses incurred when invoiced to Client. Overages of monthly Services will be invoiced at the rate defined in the fee table. Cancellation and Termination In the absence of a breach by Xigent of Xigent’s obligations, if Client cancels the Services or if Xigent terminates due to breach by Client, Xigent is authorized to invoice, and Client shall pay Xigent fees for Services performed through the date of cancellation including the current month and for any additional remaining months. Termination assistance is available per the terms of the Agreement. Support Service Acceptance This SSC and the Agreement constitute the terms between Xigent and Client regarding its subject matter, and supersede all prior oral or written proposals, agreements, representations and other communications between the parties with respect to the Services and shall prevail notwithstanding any different, conflicting or additional terms and conditions which may appear on any order or other document submitted by Client. IN WITNESS WHEREOF, the parties have caused this SSC to be signed on the respective dates indicated below. The parties hereby acknowledge they have read and understand this SSC, the Agreement, and all attachments hereto, and agree to all terms and conditions stated herein. This document contains confidential information. Each party agrees to utilize reasonable efforts to preserve confidentiality. Contract #018011 v1 Page: 6 of 7 1650 West End Blvd Suite 100 Minneapolis, MN 55416 www.xigentsolutions.com 800-298-9543 Prepared for:Quote Information: City of Eden Prairie Quote #: 018011 8080 Mitchell Road Eden Prairie, MN 55441 Aditi Salunke (952) 949-8520 asalunke@edenprairie.org Version: 1 Delivery Date: 08/30/2023 Expiration Date: 10/15/2023 One-Time Fees Description Amount Support Services Contract Fees $424.00 Total:$424.00 Monthly (60 Months) Recurring Fee Summary Description Amount Support Services Contract Fees $939.42 Monthly (60 Months) Recurring Fee:$939.42 Xigent Solutions, LLC City of Eden Prairie Signature: Name:Aditi Salunke Date: PO Number: Signature: Name:John Kutz Title:Client Success Team Lead Date:08/30/2023 This document contains confidential information. Each party agrees to utilize reasonable efforts to preserve confidentiality. Contract #018011 v1 Page: 7 of 7 CITY COUNCIL AGENDA SECTION: Consent Calendar DATE Sept. 19, 2023 DEPARTMENT / DIVISION Matt Sackett, Police Chief, Police ITEM DESCRIPTION Approve Agreement First Amendment between City of Eden Prairie and City of Bloomington for Animal Impound Services ITEM NO. VIII.I. Requested Action Move to: Approve the First Amendment to the November 16, 2021 agreement between the City of Eden Prairie and City of Bloomington for Animal Impound Services. Synopsis The City of Bloomington offers animal impound and boarding services to the City of Eden Prairie. This service has been provided for many years. This First Amendment for the agreement is for a two- year period from July 31, 2023 to July 31, 2025. Attachment Agreement between the City of Eden Prairie and City of Bloomington for Animal Impound Services. Agreement ID: 2023-355 FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF BLOOMINGTON, MINNESOTA AND CITY OF EDEN PRAIRIE FOR ANIMAL IMPOUND SERVICES THIS FIRST AMENDMENT is made on ___________________ by and between the CITY OF BLOOMINGTON, a Minnesota municipal corporation located at 1800 West Old Shakopee Road, Bloomington, Minnesota 55431 (“City”), and CITY OF EDEN PRAIRIE, a Minnesota municipal corporation located at 8080 Mitchell Road, Eden Prairie, Minnesota 55423 (“Requestor”). WHEREAS, City and Requestor are parties to an Agreement dated November 16, 2021 (Agreement ID 2021-709) pursuant to which the City is responsible for providing animal control services for the City of Eden Prairie, Minnesota (“Agreement”); and WHEREAS, prior to the expiration of the Agreement on July 31, 2023, City and Requestor agreed to extend the term until July 31, 2025; and WHEREAS, City and Requestor desire to amend the Agreement to include updated charges for services as detailed in amended Exhibit A; and NOW, THEREFORE, in consideration of the terms and conditions expressed in this First Amendment, the City and Requestor agree as follows: 1. Section I of the Agreement shall be amended to read: “Term of Agreement: The term of this Agreement shall be from August 1, 2023, to July 31, 2025, subject to termination as provided in Article V.” 2. All other terms and conditions of the Agreement not modified by this First Amendment shall remain in full force and effect. (signatures follow on next page) 2 IN WITNESS WHEREOF, the parties to the Agreement have caused this First Amendment to be executed the day and year first above written. CITY OF BLOOMINGTON, MINNESOTA DATED:_______________________ BY:________________________________ Its:__________________________ Reviewed and approved by the City Attorney. __________________________________ City Attorney CITY OF EDEN PRAIRIE, MINNESOTA DATED:_______________________ BY:________________________________ Ronald A. Case, Mayor DATED:_______________________ BY:________________________________ Rick Getschow, City Manager 3 EXHIBIT A Fees for the Boarding, Release and Disposal of Animals Received from Other Governmental Agencies Unclaimed Animals: Administrative Fee $75.00 per animal Disposal Fee $40.00 per animal Boarding Fee $31.00 per day, per animal Claimed Animals: (To be collected from the claimant with the Requestor being ultimately responsible therefor.) Administrative Fee $75.00 per animal Boarding Fee $31.00 per day, per animal Adjustment of All Fees: These fees may be administratively adjusted from time to time without a formal amendment of the Agreement. Such adjustment shall be made in accordance with the following procedure: 1. Fee adjustments are automatic when the City has, by Council action, adjusted its boarding, impound, administrative, sale and disposal fees for its own residents. 2. The adjusted fees shall not exceed the amounts set for City residents. 3. Initiation of a fee adjustment shall be made by thirty (30) day’s written notice thereof to the Requestor. 4. The adjusted fees shall become effective unless, within thirty (30) days of the notice of fee adjustment, the Requestor terminates this Agreement. CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: Sept. 19, 2023 DEPARTMENT/DIVISION: Adam Gadbois Public Works / Engineering ITEM DESCRIPTION: #24809 Approve Professional Services Agreement with HTPO for the Homeward Hills Sanitary Sewer Replacement Project ITEM NO.: VIII.J. Requested Action Move to: Approve Professional Services Agreement with HTPO for Final Design for the Homeward Hills Sanitary Sewer Replacement Project in the amount of $53,500.00. Synopsis This Professional Services Agreement will provide design services for replacement of approximately 800 linear feet of 8-inch sanitary sewer mainline along Homeward Hills Road from Horseshoe Trail to Tanglewood Drive, including minor repairs to sanitary manholes and replacement of the impacted roadway surface. Background Information The 2023-2032 Capital Improvement Plan identifies improvements to the sanitary sewer in Homeward Hills Trail area for construction in 2024. The original project scope strictly included cured in-place pipe (CIPP) lining, however, upon review of the televising data it was determined that multiple segments require full replacement to correct deficiencies with the pipe. The sanitary sewer was installed in 1977 and is comprised of truss pipe, which is a pipe material that is no longer widely used. The pipe will be replaced using open-cut construction methods, resulting in impacts to the roadway surface. The full width of the roadway surface will be reconstructed to City standards, and this segment of Homeward Hills Road will not need to be included in the 2025 Pavement Rehabilitation Project. This improvement project aims to eliminate deficiencies in the existing sanitary sewer system by replacing the existing failing pipe with new, 8-inch PVC pipe. Financial Implications The Professional Services Agreement with HTPO has a not-to-exceed cost of $53,500.00. The project is proposed to be funded entirely by the Sewer Utility Fund. Attachment Professional Services Agreement 2021 04 22 Version 2017 06 01 Agreement for Professional Services This Agreement (“Agreement”) is made on the 19th 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 Hansen Thorp Pellinen Olson, Inc. (HTPO) (“Consultant”), a Minnesota corporation (hereinafter “Consultant”) whose business address is 7510 Market Place Drive, Eden Prairie, MN 55344 Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for Final Design of the Homeward Hills Sanitary Sewer Replacement project (I.C. 24809) hereinafter referred to as the “Work”. The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit A (Proposal letter dated September 5, 2023, for the Homeward Hills Sanitary Sewer Reconstruction) in connection with the Work. Exhibit A is intended to be the scope of service for the work of the Consultant. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Term. The term of this Agreement shall be from September 19, 2023 through April 1, 2024 the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $53,500 for the services as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. Page 2 of 10 2021 04 22 c. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: a. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. b. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. c. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. d. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: a. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City’s project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. Page 3 of 10 2021 04 22 b. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on Exhibit A performed prior to receipt of written notice from the City of such suspension. c. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City. d. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: “I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid.” 6. Project Manager and Staffing. The Consultant shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the Project Manager without the approval of the City. 7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein. 9. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant Page 4 of 10 2021 04 22 has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 10. Independent Consultant. Consultant is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Consultant and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Consultant an employee of the City. 11. Insurance. a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. If Consultant’s insurance does not afford coverage on behalf of subcontractors, Consultant must require and verify that all subcontractors maintain insurance meeting all the requirements of this paragraph 11, and Consultant must include in its contract with subcontractors the requirement that the City be listed as an additional insured on insurance required from subcontractors. In such case, prior to a subcontractor performing any Work covered by this Agreement, Consultant must: (i) provide the City with a certificate of insurance issued by the subcontractor’s insurance agent indicating that the City is an additional insured on the subcontractor’s insurance policy; and (ii) submit to the City a copy of Consultant’s agreement with the subcontractor for purposes of the City’s review of compliance with the requirements of this paragraph 11. c. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence Page 5 of 10 2021 04 22 $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 d. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. e. Professional Liability Insurance. In addition to the coverages listed above, Consultant shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. It shall be Consultant’s responsibility to pay any retention or deductible for the professional liability insurance. Consultant agrees to maintain the professional liability insurance for a minimum of two (2) years following termination of this Agreement. f. Consultant shall maintain “stop gap” coverage if Consultant obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. g. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations. h. All policies, except the Professional Liability Policy, shall apply on a “per project” basis. i. All General Liability policies, Automobile Liability policies and Umbrella policies shall contain a waiver of subrogation in favor of the City. j. All policies, except for the Worker’s Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. Page 6 of 10 2021 04 22 k. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. The Professional Liability policy shall insure the defense and indemnity obligations assumed by Consultant under this Agreement except with respect to the liability for loss or damage resulting from the negligence or fault of anyone other than the Consultant or others for whom the Consultant is legally liable. l. Consultant agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. m. It shall be Consultant’s responsibility to pay any retention or deductible for the coverages required herein. n. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City. o. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. p. A copy of the Consultant’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant’s Work. Upon request a copy of the Consultant’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City’s right to enforce the terms of Consultant’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. q. Effect of Consultant’s Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless Page 7 of 10 2021 04 22 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 Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 12. Indemnification. Consultant will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Consultant, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Consultant, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Consultant harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 13. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement (“Information”) shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement (“Project”) does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with Page 8 of 10 2021 04 22 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 Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any Page 9 of 10 2021 04 22 previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions. Page 10 of 10 2021 04 22 a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar Data Practices Act compliance language. 30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager CONSULTANT Hansen Thorp Pellinen Olson, Inc. By: Its: EXHIBIT A 7510 Market Place Drive Eden Prairie, MN 55344 Phone: 952-829-0700 Fax: 952-829-7806 www.htpo.com HANSEN THORP PELLINEN OLSON, INC. September 5, 2023 Adam Gadbois, PE Assistant City Engineer City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Homeward Hills Rd Sanitary Sewer Reconstruction Dear Adam, HTPO is pleased to provide this proposal for land surveying and civil engineering services for the replacement of approximately 800 linear feet of sanitary sewer piping via open trench installation while protecting the existing manholes, and including full width pavement reconstruction within the project corridor. We understand that the goal is that existing concrete curb and gutter and adjacent sidewalks/trails will not be disturbed. We understand the sewer replacement begins at the southerly intersection of Horseshoe Trail and Homeward Hills Rd and extends south along Homeward Hills Rd to the intersection of Tanglewood Drive. Additionally, the sewer lines extending into both Gristmill Ridge and Tanglewood Drive will also be replaced up to the first manhole in each street as determined by televising and reporting previously provided to the City. Based on your additional feedback, it has been identified that additional utility assessments for storm sewer piping and structures as well as gate valve within the corridor are ongoing, and improvements may be incorporated into the project scope. SCOPE OF SERVICES We propose to provide the following services: A. Boundary and Topographic Survey Boundary and topographic survey of the project corridor described above including the following items: Visible site features. Portrayal of underground utilities based upon a Gopher State One Call (GSOC) request, mapping provided by utility operators, and field survey of marked utilities. Rim and invert elevations, pipe sizes, pipe types for sanitary sewer and storm sewer. Location of hydrants and gate valves. One-foot contours as developed from a ground survey with tin surface. Spot elevations on significant structures including accessible ramps, pavement, and sidewalk edges. City of Eden Prairie – Homeward Hills Rd Sanitary Sewer Reconstruction September 5, 2023 Identify existing right of way lines and easements per data available from the Hennepin County RecordEase system. Significant trees within right-of-way, 4” and larger. B. Preliminary Design One site visit to review existing conditions. Develop preliminary design plans (60%) including sewer replacement impact limits, sanitary sewer plan & profile, storm sewer and other utility improvements, a typical section for the street reconstruction, and construction details. Develop a preliminary traffic control / phasing / detour plan. Develop a preliminary engineer’s estimate. Attend at up to three (3) meetings with City Staff. C. Utility Coordination Review utility maps and field observations for utility verification. Coordinate with MCES & private utility companies to determine anticipated impacts and relocation needs. Attend up to two (2) site meetings with all involved utility companies for utility verification and ownership. D. Construction Documents Preparation of final design drawings and specifications (90% & 100%) for contractor bidding. Includes existing conditions & removals plan, typical section, sanitary sewer plan and profile, storm sewer and other utility improvements, restoration & erosion and sediment control plan, traffic control/phasing plan, and construction details. Update final engineer’s estimate. Submit permit applications to the Riley Purgatory Bluff Creek Watershed District (RPBCWD) for Rule C-Erosion Prevention and Sediment Control only and MN BWSR for WCA No-Loss Application. Attend up to three (3) meetings with City Staff. E. Bid Administration Includes the following tasks after completion of bid documents from design: Plan distribution through QuestCDN. Answering bidder’s questions. Attendance at bid opening. Prepare addendums. Review of bids and tabulation. Letter of recommendation for award. ASSUMPTIONS Per the information within Riley Purgatory Bluff Creek Watershed District’s Rules, utility reconstruction in a linear corridor is considered exempt, so stormwater management will not be required. Less than one acre of disturbance is assumed, therefore a MPCA construction stormwater permit and a SWPPP will not be required. Wetland delineation will be by others, if needed. Assumes no wetland impacts. Geotechnical services will be by others, if needed. Project funding is exclusively by the City of Eden Prairie. City of Eden Prairie – Homeward Hills Rd Sanitary Sewer Reconstruction September 5, 2023 Permit fees will be paid for by the City or waived entirely. Preliminary boundary work to determine approximate locations of easements will be preformed and be calculated based on section lines and per data available from the Hennepin County RecordEase system, not by field locating lot corners. An additional fee may be required to finalize boundary work. We assume one round of City review comments at a 60% and a 90% submittal milestone. Plan review and comment tracking will be provided using Bluebeam Studio. Communications with adjacent property owners will be by the City. Temporary Construction Easements and Permanent Easements will not be required. SCHEDULE We assume that the existing conditions survey will be completed in September 2023. Final design will be completed within 2 months in anticipation of submitting final documents in preparation for late fall/early winter 2023 bidding. COMPENSATION Compensation for those items described in the Scope of Services above are estimated as follows: TOTAL NOT TO EXCEED FEES AND EXPENSES $ 53,500 REIMBURSABLE EXPENSES, ADDITIONAL SERVICES AND PAYMENTS Invoices will be submitted based on actual hours worked using a 2.4 multiplier times direct personal expense, and reimbursable expenses incurred (printing, courier, and other out- of-house documents and fees). We will keep you informed of our work progress and the above fee estimate will not be exceeded without prior approval from your office. We invoice our services monthly payable within 30 days. CONCLUSION If there are any items that you would like to add to the scope of services, please let us know before we begin and we will make the necessary adjustments to this proposal. This proposal will be valid for sixty (60) days. We appreciate this opportunity to be a resource to you and we look forward to working with you on this project. If you have any questions or need additional information, please do not hesitate to contact us. Sincerely, HANSEN THORP PELLINEN OLSON, INC. Aaron Oppenheimer, EIT Aaron Carrell, P.E. Assistant Project Manager President CITY COUNCIL AGENDA SECTION: Public Hearings DATE: Sept. 19, 2023 DEPARTMENT/DIVISION: Community Development/Planning Julie Klima/ Sarah Strain ITEM DESCRIPTION: Three Oaks Estates ITEM NO.: IX.A. Requested Action Move to: • Close the Public Hearing; and • Approve the 1st Reading of the Ordinance for a Zoning District Change from Rural to R1- 9.5 and Parks and Open Space on 5.06 acres • Adopt a Resolution for a Preliminary Plat to divide one (1) lot into five (5) lots and one (1) outlot on 5.06 acres • Adopt a Resolution for the Findings of Fact in Support of Park Dedication Fees • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions Synopsis The applicant is requesting approval to develop 9614 Crestwood Terrace into five (5) single-family lots and one (1) outlot. The parcel is located south of Pioneer Trail and is currently vacant. The property is bordered by single-family development on the north, east, and west sides and parks and open space on the south side. With a gross density of approximately 1 unit per acre, the project is consistent with the Low-Density Residential guiding. The applicant is requesting to rezone the property from Rural to R1-9.5. Additionally, the City, which will take ownership of the outlot, is requesting the parcel be rezoned from Rural to Parks and Open Space. Preliminary Plat The proposed preliminary plat includes five (5) single-family lots, all with frontage along Crestwood Terrace. The lots range in size from 22,359 square feet to 39,589 square feet, exceeding the requirements of the R1-9.5 zoning district. All the proposed lots exceed the standards for lot width and depth in the R1-9.5 zoning district. The lots are larger than the R1-9.5 standard due to the depth of the lots. Outlot A, which runs along the rear yards of all five (5) lots and along Riley Creek, will be deeded to the City. The City currently owns land all along Riley Creek in this area. The rezoning of this outlot to Parks and Open Space would be consistent with the zoning of the other City owned properties. Tree Replacement The project site requires 58.4 caliper inches of tree replacement based on the proposed significant tree removals. The applicant will be saving all three (3) heritage trees on the site, which total 106 caliper inches. Saving this amount of heritage trees is factored into the tree replacement calculations for the site. The proposed tree replacement plan exceeds City Code requirements. Planning Commission Recommendation The Planning Commission voted 7-0 to recommend approval of the project at the August 28, 2023 meeting. Attachments 1. Ordinance for Zoning District Change 2. Resolution for Preliminary Plat 3. Resolution for the Findings of Fact in Support of Park Dedication Fees 4. Planning Commission Staff Report 5. Unapproved Planning Commission Minutes THREE OAKS ESTATES CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2023 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 11 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the “land”) is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural Zoning District and be placed in the R1-9.5 and Parks and Open Space Zoning Districts as described in Exhibit A. Section 3. The proposal is hereby adopted and the land shall be and hereby is removed from the Rural Zoning District and shall be included hereafter in the R1-9.5 and Parks and Open Space Zoning Districts, and the legal descriptions of land in each Zoning District referred to in City Code Section 11.03, Subdivision1, Subparagraph B, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Section 11.99, “Violation a Misdemeanor” are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of ________, 2023, entered into between Nathan Haasken, and the City of Eden Prairie, and which Agreement are hereby made a part hereof. Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 19th day of September, 2023, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the ____ day of ________, 2023. ATTEST: _____________________________ _____________________________ Nicole Tingley, City Clerk Ronald A. Case, Mayor EXHIBIT A Legal Description Prior to Final Plat Tract E, Registered Land Survey No 1410 Hennepin Co, MN Torrens Certificate No. 641983 Land to be rezoned from Rural to R1-9.5 Legal Description After Final Plat Lots 1-5, Block 1, Three Oaks Estates, Hennepin County, MN Land to be rezoned from Rural to Parks and Open Space Legal Description After Final Plat Outlot A, Three Oaks Estates, Hennepin County, MN CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2023-___ RESOLUTION APPROVING THE PRELIMINARY PLAT OF THREE OAKS ESTATES FOR NATAHN HAASKEN BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of the parcel(s) legally described in Exhibit A attached, named Three Oaks Estates for Nathan Haasken dated August 16, 2023, and consisting of 5.06 acres into five lots and one outlot, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved subject to approval of the 2nd reading of the Ordinance for a Zoning District change and approval of the Development Agreement. ADOPTED by the Eden Prairie City Council on the 19th day of September, 2023. _______________________________ Ronald A. Case, Mayor ATTEST: __________________________ Nicole Tingley, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2023-____ A RESOLUTION ADOPTING FINDINGS OF FACT IN SUPPORT OF PARK DEDICATION FEES FOR THREE OAKS ESTATES WHEREAS, City Code Chapter 12, Section 12.40 Subd. 1 requires an owner of land being subdivided to dedicate to the public for public use as parks, playgrounds, or public open space a reasonable portion of the land up to 10% thereof; and, WHEREAS, in lieu of dedicating land, City Code Chapter 12, Section 12.40 Subd. 2; gives the City the option to require the developer to contribute an equivalent amount in cash in lieu of all or a portion of the land which the City may require such owner to dedicate in accordance with the schedule to be set by resolution of the Council; WHEREAS, the Three Oaks Estates project includes subdivision of property pursuant to City Code Chapter 12 into 5 single-family lots and 1 outlot (the “Project”); WHEREAS the payment of cash park fees in lieu of land dedication is appropriate given the nature of the use on the property; WHEREAS, the City’s current fee ordinance sets the cash park fee at $6,500 per single family unit residential unit, which amount was calculated in accordance with Minn. Stat. § 462.358, subd. 2b(c); WHEREAS, the City Council held a public hearing at its September 19, 2023 meeting; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that the following findings are hereby adopted in support of the imposition of a cash park fee in lieu of land dedication as a condition of subdivision approval for the Three Oaks Estates project: 1. The Project includes the construction of 5 single-family homes. Development and occupancy of the units is expected to have an impact on the City’s parks and trail system. 2. The Project is connected to a public sidewalk system providing access to a public trail along Crestwood Terrace and to parks and open spaces, increasing the likelihood that residents of the Project will use the City’s trails, parks, and open spaces. 3. The City has sidewalks and trails throughout the neighborhood. The City improves and maintains the pedestrian and bicycle facilities for all residents to enjoy. 4. There is an essential nexus between requiring the cash park fees for the Project and the City’s goal of providing a high-quality park system for all individuals who live or work in the City, including residents of the Project. 5. The need for parkland created by the Project is roughly proportional to the cash park fee amount required by the City’s fee ordinance. The cash park fees will be used for future anticipated park acquisition and improvement projects in the City, pedestrian and bicycle facility improvements, and other projects to improve City park and recreational facilities that are likely to be used by residents of the Project. ADOPTED by the City Council of the City of Eden Prairie this 19th day of September, 2023. ____________________________________ Ronald A. Case, Mayor ATTEST: ___________________________ Nicole Tingley, City Clerk STAFF REPORT TO: Planning Commission FROM: Sarah Strain, Planner II DATE: August 28, 2023 SUBJECT: Three Oaks Estates LOCATION: 9614 Crestwood Terrace REQUEST: • Zoning District Change from Rural to R1-9.5 and Parks and Open Space on 5.06 acres • Preliminary Plat to create 5 lots and 1 outlot on 5.06 acres 120 DAY REVIEW PERIOD DEADLINE: November 22, 2023 BACKGROUND The applicant is requesting approval to develop 9614 Crestwood Terrace into five (5) single-family lots and one (1) outlot. The property is 5.06 acres and is along Crestwood Terrace south of Pioneer Trail. 9614 Crestwood Terrace once had a single family home on the lot, but it was demolished in 2019. The property is bordered by single-family development on the north, east, and west sides and parks and open space on the south side. The new homes will be constructed by custom builders. COMPREHENSIVE PLAN AND ZONING The property is guided for Low Density Residential in the comprehensive plan, which allows a maximum of five (5) dwelling units per acre. The proposed project density is one (1) unit per acre, consistent with current guiding. The property is currently zoned Rural. The applicant is requesting to rezone the residential portion of the property to R1-9.5. Residential zoning of surrounding property is R1-13.5. Other recent infill development projects have been zoned R1-9.5 while the neighboring residential properties have been zoned R1-13.5 or R1-22, such as Stable Path, Beverly Ridge, Highland Oaks, Eden Ridge, and Johnson Ridge. The City, which will take ownership of Outlot A after it is platted, is requesting the outlot be rezoned to Parks and Open Space to match the surrounding creek area. The Staff Report – Three Oaks Estates August 28, 2023 2 current and proposed zoning are shown below. Current Zoning: Rural Proposed Zoning: R1-9.5 and Parks and Open Space PRELIMINARY PLAT The preliminary plat includes five (5) single family lots and one (1) outlot. The single family lots will all have frontage along Crestwood Terrace. The lots range in size from 22,349 square feet to 39,589 square feet, exceeding the requirements of the R1-9.5 zoning district. All the proposed lots exceed the standards for lot width and depth in the R1-9.5 zoning district. There is a large gas line easement over the eastern portion of the property, as shown on the plat. No structures may be constructed within this easement area, meaning the Lot 5 building pad is shifted to the west. This creates larger lots than standard for an R1-9.5 lot for the whole plat but the need for the reduced side yard setbacks allowed in the Staff Report – Three Oaks Estates August 28, 2023 3 R1-9.5 zoning district. A drainage and utility easement will also be dedicated to the City to allow access to inspect the stormwater filtration basin. Outlot A will be dedicated to the City after the plat is approved. The creation of this outlot will mean all of the residential lots will be outside of the Shoreland Overlay zoning district. TREE REPLACEMENT The project site requires 58.4 caliper inches of tree replacement based on the proposed significant tree removals. Trees will be planted along the west side of the project area to help establish a buffer between the new homes and the existing homes on the neighboring cul-de-sac. Trees will also be planted in the backyards, uphill of the creek, and along Crestwood Terrace. The applicant will be saving all three (3) heritage trees on the site, which total 106 caliper inches. Saving this amount of heritage trees is factored into the tree replacement calculations for the site. The proposed tree replacement plan exceeds City Code requirements. STREETS AND TRAFFIC The five (5) single-family homes are expected to generate approximately 40 trips in a day. The transportation system in and around the project area is anticipated to accommodate the additional traffic. DRAINAGE The stormwater runoff from the site will be directed to a filtration basin located in the southwest corner of the development. The filtration basin will provide temporary storage of stormwater runoff, treatment of stormwater, and sediment removal. UTILITIES Public sanitary sewer and water will be accessed from Crestwood Terrace. SIGNS There are no monument signs proposed for this development. Any sign proposed in the future will require review and approval through a sign permit to ensure compliance with Section 11.70 of City Code. NEIGHBORHOOD MEETING AND RESIDENT COMMENTS The applicant held a neighborhood meeting on April 25, 2023. The discussion included grading and drainage, construction traffic and access, and the size/scale of the proposed homes. Residents south of the property asked the developer to pay special consideration to drainage along the southern property line. Drain tiles are included along the rear property lines of Lots 1-4 to direct stormwater to the southwest filtration basin. As of August 23, 2023, staff has received a couple of comments on the proposed project. One resident expressed concern over the R1-9.5 zoning and advocated for R1-13.5 zoning instead to Staff Report – Three Oaks Estates August 28, 2023 4 better match the existing neighborhood character. As previously mentioned, many of the recent infill development projects have been zoned R1-9.5 in R1-13.5 or R1-22 neighborhoods. Additionally, a zone change to R1-13.5 would require waivers for lot width. Another resident asked for a trail connection to be built to better connect Crestwood Terrace to the neighborhood southwest of the project area and to the Riley Creek Conservation Area. This trail connection is part of the Parks and Trails Master Plan, but timing of the construction is not yet determined. Emails submitted to staff and the park trail master plan have been included as an attachment to this staff report. STAFF RECOMMENDATION Staff recommends approval of the following: • Zoning District Change from Rural to R1-9.5 and Parks and Open Space on 5.06 acres • Preliminary Plat to create 5 lots and 1 outlot on 5.06 acres This is based on plans dated August 16, 2023 and staff report dated August 28, 2023 and the following conditions: 1. Prior to release of the Final Plat, the applicant shall: A. Sign special assessment agreement for City trunk sewer and water assessment fees. B. Submit a bond, letter of credit, or cash deposit (“security”) that guarantees completion of all public utility improvements equivalent to 125% of the cost of the improvements. 2. Prior to land alteration permit issuance, the applicant shall: A. Submit detailed stormwater runoff, wetland, utility, street, and erosion control plans for review and approval by the City Engineer. B. Obtain and provide documentation of Watershed District approval. C. Notify the City and Watershed District 48 hours in advance of grading. D. Install erosion control at the grading limits of the property for review and approval by the City. E. Submit a tree replacement letter of credit or escrow surety equivalent to 150% of the cost of the tree replacement. A surety will be required for each phase of tree replacement as shown on the Exhibit B Plans. F. Submit a land alteration bond, letter of credit, or escrow surety equivalent to 125% of the cost of the land alteration. 3. Prior to building permit issuance for the property, the applicant shall: A. Pay the appropriate cash park fees. ATTACHMENTS • Email to staff about the proposed development project. • Park Trail Master Plan 1 Sarah Strain From:Matthew Bourne Sent:Wednesday, August 16, 2023 9:53 AM To:Sarah Strain; Jeremy Barnhart Subject:RE: Three Oaks Estates Comments Attachments:20230816100841460.pdf Hi Sarah and Jeremy, Thanks for passing this along. As an FYI, attached is our trail master plan for this area and Riley Creek Conservation Area. Much of what Jim suggests is in our plan and we already have access just east of the Three Oaks Estates property, but most of this is on hold until the Marshall property develops and Dell Rd is upgraded and the Pioneer Trail bridge is replaced. I can reply to Jim and send him these plans and timing for much of it. Let me know if you need anything else. Thanks, Matt Bourne Parks and Natural Resources Manager City of Eden Prairie 952‐949‐8535 From: Sarah Strain <sstrain@edenprairie.org> Sent: Tuesday, August 15, 2023 11:18 AM To: Jeremy Barnhart <jbarnhart@edenprairie.org>; Matthew Bourne <mbourne@edenprairie.org> Subject: FW: Three Oaks Estates Comments FYI – parks/trails related comments on the Three Oaks Estates project. From: Jim Sent: Tuesday, August 15, 2023 11:03 AM To: Sarah Strain <sstrain@edenprairie.org> Subject: Three Oaks Estates Comments Hi, My name is Jim Ingman and we live just north and west of the Three Oaks Estates property on the other side of Riley Creek. During this transformation, I am suggesting that some access to the Riley Lake Creek Conservation area be established that would connect the Settlement Ridge development to the west and the Crestwood Terrace development to the east. For years, we have been trying to get the sidewalk on the north side of Pioneer Trail connected where it ends at Riley Lake Road and restarts up at the border to Chanhassen where Pioneer Trail crosses over the LRT bike trail. (about a half mile gap on a very busy road with no shoulders) Pioneer Trail is a very dangerous road to walk alongside as the road curves and dips as it crosses over Riley Creek. The City has previously said that this sidewalk extension is not in the current plans and the alternative is to walk to the LRT. If we want to walk safely from our home to the property of Three Oaks Estates (maybe 200 yards as the crow flies), it would require us to walk west through the neighborhood to the LRT, 2 then walk NE on the LRT to Riley Lake Rd, then cross Pioneer Trail (not very safe), and finally work our way around the neighborhood to the east and south before coming west back to this property. I would guess that it would be over 3 miles. Additionally, many areas have developed walking trails within conservation areas such as the Riley Creek Conservation area about 1 mile to the east of this location. I have two alternative suggestions. 1) There is a current easement just south of 18620 Farmstead Circle that essentially just dead ends at the conservation area. It is located just south of the Three Oaks Estates property. Building a small footbridge across Riley Creek that would work through the east side of the conservation area and exit through this development to Crestwood Terrace would be one way to connect these 2 developments. 2) The current gas line easement just north of the Farmstead Circle property also ends at the conservation area. This property is directly across from the Three Oaks Estates property and a footbridge could connect these 2 developments with minimal disruption of the conservation area. A new easement within the Three Oaks Estates would be established along the property and connect the conservation area to Crestwood Terace and would be similar to what is currently in place just south of 9824 Trails End that allows the neighborhood access to the LRT trail without going out on to Pioneer Trail. Both of these alternatives would connect these 2 developments with minimal cost and effort and significantly less than constructing a sidewalk about 1/2 mile westward from Riley Lake Rd. It would still allow the project to move forward with a financial gain for the current property owner while the citizens of the area would benefit by being able to access the conservation area and another neighborhood safely. Thanks for considering this. Jim Ingman UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, JULY 10, 2023 7:00 PM—CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Frank Sherwood, Andrew Pieper, Ed Farr, Carole Mette, Robert Taylor, Dan Grote, Charles Weber; Phou Sivilay CITY STAFF: Jeremy Barnhart, City Planner; Carter Schulze, City Engineer; Matt Bourne, Parks & Natural Resources Manager; Kristin Harley, Recording Secretary I. CALL THE MEETING TO ORDER Chair Pieper called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE – ROLL CALL Commission members Sherwood and Sivilay were absent. III. APPROVAL OF AGENDA MOTION: Taylor moved, seconded by Weber to approve the agenda. MOTION CARRIED 7-0. IV. MINUTES MOTION: Farr moved, seconded by Kirk to approve the minutes of July 10, 2023. MOTION CARRIED 7-0. V. PUBLIC HEARINGS A. PULTE HOMES (2023-08) Request for: • Planned Unit Development Concept Review on 6.13 acres • Planned Unit Development District Review with waivers on 6.13 acres • Zoning Change from Rural to RM-6.5 on 6.13 acres • Preliminary Plat splitting two parcels into 43 lots and one outlot on 6.13 acres • Site Plan Review on 6.13 acres PLANNING COMMISSION MINUTES August 28, 2023 Page 2 Dean Lotter, manager of land planning and entitlement of Pulte Homes, displayed a PowerPoint and explained the application. The development, Kinsley Homes, consisted of two story townhomes in an infill neighborhood which was bounded by Pioneer Trail at the north, Dell Road at the west, and Valley Road to the south. It had access off of Dell Road. The development would meet the Comprehensive Plan requirement which guided it residential with densities five to 14 units per acre. The development would also maintain existing vegetation as much as possible. The development proposed 42 townhomes which were two-story homes, with a price range in the low $400,000s to mid $500,000s and HOA maintained. There would be a trail/sidewalk connecting the development to Dell Road along Valley Road, and a trail connecting the neighborhood to an existing trail along Pioneer Trail. The usable open space requirement would be met. City Code required 150 square feet of open space per unit, for a total of 6,300 square feet, and the actual square footage was 6,338 square feet. There would be a fire pit area with seating and green space. Lotter explained the development review process included a wetland delineation tree inventory and tree preservation planning, and an endangered and threatened species impact. The NHIS request had been submitted to the DNR. No further study was necessary. Lotter displayed renderings of Valley Road to private Larimar Trail, a view from the south of Kinsley, and the plan for trees and a fence to screen headlights. He displayed a view from the northeast corner where an existing single family home looked west at Kinsley and explained the planned buffers between this and other developments. The townhomes would be single family open concept construction meant for first time home buyers, singles of all ages, young couples, young families, and seniors. He displayed and explained the color pallet and materials. He expected the development to go before the City Council on September 19 and October 17, with construction in the spring of 2024. Kirk asked if there was a similar example of this development with similar density in the Twin cities area, and Lotter gave examples of Pembley in Brooklyn Center, Aster Mill in Rogers and Rush Hollow in Maple Grove, as well as Canterbury in Shakopee. Barnhart presented the staff report. The density was consistent with the Comprehensive Plan in terms of land use, density, and street connection. There were a number of waivers requested involving density (6.8 units per acre), minimum lot size (smallest proposed was 1,943 square feet), minimum lot depth (shortest proposed was 81.12 feet), lots without frontage on a public street (all PLANNING COMMISSION MINUTES August 28, 2023 Page 3 individual lots along a private road), and setback along Valley Road (20 foot setback). Staff recommended approval. Schulze provided additional comment on the connection and traffic analysis completed for the project. The Valley Road connections was a recommended connection as a part of this development as a part of the Comprehensive Plan. He went briefly through the history of planned travel connections at the site and the proposed access points. Staff supported the development. Farr asked if there was improvement scheduled for Pioneer Trail. Schulze replied there was not in the near future; the latest note from the county showed an overlay in 2025, but it would be 2040 before substantial improvements would be scheduled. Farr noted there were 24-foot wide private driveways and the development due south allowed parking on one side on its streets whereas this development did not allow parking on either side on the street. Schultz replied this was the preference of the developer, and the development was also limited due to the number of driveways. The proposed development exceeded parking requirements so on street parking was not necessary. Farr asked for and received confirmation the dead end satisfied fire department access requirements. Weber asked for and received clarification that the parking configuration on Valley Road, if opened, would be allowed on both sides of the road. Pieper opened the public hearing. Don Patterson, resident at 17244 Valley Road, displayed a PowerPoint and spoke against the opening of Valley Road and against the development as currently proposed. He cited concerns regarding the increased traffic and safety concerns, and requested greater green space, less density, greater space between driveways which did not allow for vehicles to park on the street, and investment in needed barrier/transition such as sidewalks and trails. He stated he and 70 neighbors on whose behalf he was also speaking were asking for more than the minimal amenities provided at present by this development. Wolfgang Greiner, resident at 17356 Hanson Court, south of the proposed development, gave the commission a petition signed by 51 residents and displayed a PowerPoint, He spoke against the proposed development and the extension of Valley Road, outlining the number of accidents in the area in the past year, and citing traffic and safety concerns at the addition of this level of density proposed by the development. He also urged the creation of a real buffer zone and more green space by moving the private road to the north and reducing some of the development along the south of the site. He also wanted a substantial sound fence along the Bear Path neighborhood. PLANNING COMMISSION MINUTES August 28, 2023 Page 4 Marv Culver, resident at 9433 Libby Lane (Heritage Townhomes), stated he was a former member of the Planning Commission and spoke against the development as currently proposed because it would affect the neighborhood’s aesthetics and quality of life. Libby Lane was in a conservation easement with the City, and this proposed development was not in keeping with the neighborhood. He urged the commission to consider the community’s needs rather than return on investment (ROI). He also raised concerns about the increase in traffic due to this development. He commented that the proposed townhomes were much larger than the residences surrounding this site. Paul Bartone, resident at Hackberry Court (on Dell Road), stated small changes could have large impacts on this rural-designated neighborhood. There seemed to be incorrect information given to the neighborhood regarding this development, and asked why the first neighborhood meeting with the developer had been canceled. He asked if other neighborhoods were notified, and what the EPA requirements were if there was water in or wetlands on the development site. He found it ludicrous that extra traffic would not speed on his two-lane rural road. Automobiles regularly sped at 50 MPH on that road. He asked for a survey to be done for impact of this development and stated the number of children and buses in the area made the development as currently proposed incomprehensible. Becca Frederick, resident at 9236 Preston Place, spoke against the development as currently proposed. She objected to the density of this development in her backyard, and the loss of the large-caliper trees beyond those deemed adequate to screen the development. Rather than just a “resistance to change” issue she found this a “quality of life” issue and she had lost sleep over the fear for her children’s safety with the increased traffic in the neighborhood. MOTION: Grote moved, seconded by Taylor to close the public hearing. Motion carried 7-0. Mette asked staff if the extension of Valley Road was rejected, if the commission could do that with a motion for approval, or if the motion had to be voted down entirely. Barnhart stated the commission could vote to approve the development with the condition that Valley Road was not extended. The commission’s motion was a recommendation to the City Council, and there would be a public hearing at the City Council meeting as well. Mette asked for and received clarification that even if the commission voted to deny this proposal, it would still be brought to the City Council. Taylor asked for and received clarification Valley Road was not originally recommended to be opened or extended, and it was staff who had recommended the extension. Barnhart stated the initial concept only had a connection to Dell Road. Weber asked for the original planned connection between these roads. Barnhart replied there had been an east-west connector in the area in the 2002 PLANNING COMMISSION MINUTES August 28, 2023 Page 5 Comprehensive Plan, but now Valley Road was the only option available. Taylor asked if there was a minimum number of homes required to create an extension for access/egress. Barnhart stated there was not. Kirk stated the road was “the elephant in the room” and density less of an issue. He reminded the audience commission members were volunteers who had no stake in the developments under their purview and could only make recommendations to the City Council, and he thanked the speakers for their insights. He was attempting to delineate between discomfort with change and crucial concerns that could adversely affect the surrounding environment, and the commission could give a recommendation or ask for a continuance, which would send the proposal back to staff for revision. Farr stated the commission members were citizens of Eden Prairie who attempted to look out for residents’ needs through difficult conversations. He stated he lived near the high school with a road marked “no shortcuts” and in monitoring this he found Eden Prairie did a good job with signage and enforcement of this. The commission relied on City engineers, et cetera, to do detailed engineering and technical work and as a commission member he was hard pressed to go against a recommendation for greater safety, but it was important that the trips though this neighborhood be distributed. Traffic could be controlled and this was a planned connection for a long time for a good reason. This extension was not a surprise, so he did support the connection, though wished to weigh it against the other factors. Regarding density, the commission dealt often with these transitions, between zones and between developments of different densities. He found the road to be exacerbating the issue. He supported the south side waiver, but was open to compromise, especially lowering the density and removing one or two waivers. The fence plan could be altered and plantings increased. He found the use to be consistent along Dell Road but wished for more green space. Improved buffers and transitions were his recommendations at this time. Mette stated Lot One brought up the issue of the proximity of this development to the road, and she wished to address the main concerns of the neighbors to the south. Removing Lot One would strike two waivers. This connection was always desired and planned, and it did make sense to her, but hearing from the community, she had to weigh staff recommendations against how she would respond in the shoes of those residents who had spoken tonight. She found she was not inclined to go against the staff recommendation for the road, since it had been planned and recommended, but was on the fence about it. Kirk stated he was inclined to side with the community’s overwhelming and unexpected response to the road, despite the City’s good work and planning on this. Weber agreed; generally he supported road connections such as this for practical reasons, but in the face of unanimous objections tonight from those PLANNING COMMISSION MINUTES August 28, 2023 Page 6 affected, he could not support the road extension. Kirk stated it was the commission’s job to air the issues, and the City Council would watch this video; he suggested to make a motion as usual and see how the votes fall out. Taylor stated that as a global motor vehicle program lead and safety manager, he found having multiple egresses out of a community led to greater safety than restricting the road connectivity. He was in favor of the road connection. Lotter stated his firm would look at whatever the commission recommended regarding the road connection. He suggested a motion to recommend approval with a study of the road, so the City Council could look at the application while his firm worked with staff. Unit count had already been decreased, so he asked this not be reduced further. This would be a narrower road, with berms and buffering. Mette echoed the idea of a motion to recommend approval with a study of the road. Farr agreed, and stated there were advantages to not having the road go through, but a road was a public utility, like water, sewer, and gas, and a public service in Eden Prairie which had many cul-de-sacs. He too was struggling with not backing this road connection. Pieper added he was also struggling with balancing the City’s recommendations against the community’s wishes. Discussion followed on the wording of a motion regarding the road connection and the waivers. MOTION: Grote moved, seconded by Taylor to recommend approval of a Planned Unit Development Concept Review on 6.13 acres; Planned Unit Development District Review with waivers on 6.13 acres; Zoning Change from Rural to RM-6.5 on 6.13 acres; Preliminary Plat splitting two parcels into 43 lots and one outlot of 6.13 acres; Site Plan Review on 6.13 acres as represented in the August 28, 2023 staff report, as represented in the plans dated August 28, 2023 in the staff report. Motion carried 4-3 with nay votes from Weber, Kirk, and Pieper. B. THREE OAKS ESTATES (2023-05) Request for: • Zoning Amendment from Rural to R1-9.5 and Parks and Open Space on 5.06 acres • Preliminary Plat five lots and one outlot on 5.06 Nathan Haskin, owner and developer for the project, displayed a PowerPoint and detailed the application. He was proposing to develop five residential lots ranging from 0.51 to 0.91 acres with access directly to Crestwood Terrace. The site would be rezoned from Rural to R1-9.5, which would reduce lot sizes from 85 feet to 70 feet (with side yard setbacks reduced from 25 feet to 15 feet) and with 1.72 Outlot PLANNING COMMISSION MINUTES August 28, 2023 Page 7 deeded to the City. A trail would be completed between 9618 Crestwood Terrace and 18653 Ponderosa Court. This development would conform with and complement neighboring parcels and protect Riley Creek. He displayed the preliminary plat and surrounding home styles. He displayed the preliminary tree replacement plan. Barnhart presented the staff report. Only one phone call and one letter objected to the rezoning, but staff had no objection to it, and the trail would not be provided by the developer, it was part of the City’s long term plan. There were no waivers. Staff recommended approval. Mette noted this was not a PUD, therefore no waivers. Farr observed the chosen zoning district was appropriate, however the lots lines across the street from this development only resulted in four lots, which with this five-lot development would change the rhythm of the driveways on the street. He suggested this be taken into account. Mette stated this did not concern her, and there was a diversity of lot configuration in the area. MOTION: Grote moved, seconded by Kirk to close the public hearing. Motion carried 7-0. MOTION: Kirk moved, seconded by Grote to recommend approval of the Zoning Amendment from Rural to R1-9.5 and Parks and Open Space on 5.06 acres and Preliminary Plat five lots and one outlot on 5.06 acres as represented in the August 28, 2023 staff report based on plans listed in the August 28, 2023 staff report. Motion carried 7-0. C. 15201 BIRCH ISLAND RD. VARIANCE (2023-03BOA) Request for: • Approval for variance to permit the construction of an attached deck 0.1 feet from the rear property where a 25-foot setback is required. Michael Stroozas, owner of Norsemen Construction, displayed a PowerPoint and detailed the application. The applicant was requesting a variance for a small grill deck off the back of her home. The property was complicated by an extensive railroad variance, the house placement and design, and a trapezoid-shaped lot, making it difficult to build the deck off the kitchen. Stroozas displayed photographs of the yard, much of which the owner could not use. Barnhart presented the staff report. This was a simple variance that met the five conditions of the Comprehensive Plan, Staff found there were no adverse impacts either on the railroad property or neighboring properties. Due also to the unique circumstances of this property, staff recommended approval. PLANNING COMMISSION MINUTES August 28, 2023 Page 8 Grote asked for and received confirmation the two existing sheds were used by the current property owner, though Barnhart could not say who built them. Farr stated he had wished to ask this as well. MOTION: Farr moved, seconded by Mette to close the public hearing. Motion carried 7-0. Mette stated the fact of the land use issues and encroachments did not have any legal repercussions she could find in her research. Hopefully the issue of the ownership of the sheds would be resolved in the future should a new owner arrive. The setback affected only to the deck, not the house itself. She supported the variance. MOTION: Kirk moved, seconded by Weber to recommend approval of the Approval for variance to permit the construction of an attached deck 0.1 feet from the rear property where a 25-foot setback is required as represented in the August 28, 2023 staff report. Motion carried 7-0. PLANNERS’ REPORT MEMBERS’ REPORTS VI. ADJOURNMENT MOTION: Weber moved, seconded by Taylor to adjourn. Motion carried 7-0. The meeting was adjourned at 9:48 p.m. Three Oaks Estates Project #2023-05 Main Points •Five Residential Lots •Access Directly To Crestwood Terrace •Lots Range From 0.51 Acres to 0.91 Acres •Rezoning from R1-13.5 to R1-9.5•Lot width 85’ to 70’ (minimum width in proposed plan is 78.36’)•Side-yard setbacks 25’ to 15’ •1.72 Outlot Dedicated To City of Eden Prairie •Completion Of Trail Between 9618 Crestwood Terrace and 18653 Ponderosa Court •Will Conform and Compliment Neighboring Parcels •Preserve And Protect Riley Creek Preliminary Plat Aerial of Proposed Lots Lot 5 39,589 sf (0.91 ac) Lot 4 22,591 sf(0.52 ac) Lot 3 23,228 sf (0.53 ac) Lot 2 23,865 sf (0.55 ac) Lot 1 22,359 sf (0.51 ac) Preliminary Tree Replacement Plan Potential Home Styles Potential Home Styles Potential Home Style Requested Action Move to: • Close the public hearing and, • Adopt a Resolution for a PUD Concept Plan Review on 6.13 acres and, • Approve the first reading of an ordinance for PUD District Review with waivers and a Zoning District Change from Rural to RM-6.5 on 6.13 acres and, • Adopt a Resolution for Preliminary Plat to divide two parcels into 43 lots and 1 outlot on 6.13 acres and, • Adopt a Resolution for Findings of Fact in Support of Park Dedication Fees and, • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions Synopsis The applicant is requesting approval to construct 42 owner-occupied townhome units at 17305 & 17325 Pioneer Trail. The property is located in the southeast corner of the intersection of Dell Road and Pioneer Trail. Surrounding uses include townhomes to the south and west, duplexes to the north, and single-family homes to the east. The proposal includes an extension of Valley Road to Dell Road. Access to the townhomes is a private drive extending north and east from Valley Road. The units are arranged in groups of 4-, 5-, and 6-units. The units are two-story with two-car garages. The proposal complies with the parking requirements and the plan also includes visitor parking. The applicant is providing pedestrian connections to the broader sidewalk/trail system, enhanced architectural features on the ends of the units that are visible from adjacent properties and public streets, and additional landscaping as a buffer along the east property line, and solid fencing between Valley Road and the properties to the south. The applicant is requesting to rezone the property from Rural to RM-6.5. Surrounding zoning includes RM-6.5 and R1-13.5. The preliminary plat includes lots for each unit and a common lot surrounding the buildings. The property is guided Medium Density Residential which allows 5-14 units per acre. The proposed density is 6.8 units per acre. Background At its August 28, 2023 meeting, the Planning Commission voted 4 to 3 to recommend approval to the City Council. Commissioners voted no due to concern with the extension of the road, connecting the single family neighborhood to Dell Road. The Planning Commission heard from residents who spoke in opposition to the road connection, and to the density. The applicant has requested waivers from City Code requirements. The attached Planning Commission staff report describes the following waivers in greater detail: gross density, minimum lot size, minimum lot depth, lots without frontage on a public street, and setback along Valley Road. CITY COUNCIL AGENDA SECTION: Public Hearings DATE Sept. 19, 2023 DEPARTMENT/DIVISION: Community Development/Planning Julie Klima/Beth Novak-Krebs ITEM DESCRIPTION Kinsley Townhomes ITEM NO. IX.B. Attachments 1. Resolution for PUD Concept Review 2. Ordinance for Zoning District Change and PUD District Review with Waivers 3. Resolution for Preliminary Plat 4. Resolution for Findings of Fact for Park Dedication 5. Planning Commission Staff Report 6. Unapproved Minutes from August 28, 2023 Planning Commission 7. Public comments sent directly to staff or the Planning Commission CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2023-___ A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF KINSLEY TOWNHOMES FOR PULTE HOMES WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) Concept of certain areas located within the City; and WHEREAS, the Planning Commission did conduct a public hearing on August 28, 2023, on Kinsley Townhomes by Pulte Homes and considered their request for approval of the PUD Concept Plan and recommended approval of the request to the City Council; and WHEREAS, the City Council did consider the request on September 19, 2023. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Kinsley Townhomes, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof (“Property”). 2. That the City Council does grant PUD Concept approval as outlined in the plans stamp dated September 12, 2023. 3. That the PUD Concept meets the recommendations of the Planning Commission dated August 28, 2023. ADOPTED by the City Council of the City of Eden Prairie this 19th day of September 2023. __________________________ Ronald A. Case, Mayor ATTEST: ___________________________ Nicole Tingley, City Clerk EXHIBIT A PUD Concept Legal Description: Parcel 1: That part of the West 1/2 of the Southwest 1/4 of Section 20, Township 116, Range 22 West of the 5th Principal Meridian, described as follows: commencing at the Southwest corner of said West 1/2 thence on an assumed bearing of North 0 degrees 57 minutes 40 seconds East along the West line of said West 1/2, a distance of 695.81 feet; thence Northeasterly along a curve concave to the Northwest, said curve having a radius of 3997.38 and central angle of 0 degrees 45 minutes 22 seconds and chord bearing of North 56 degrees 21 minutes 16 seconds East, an arc distance of 52.75 feet; thence North 55 degrees 58 minutes 35 seconds East a distance of 489.60 feet to the actual point of beginning of the parcel of land to be herein described; thence North 55 degrees 58 minutes 35 seconds East a distance of 292.28 feet; thence South 34 degrees 01 minute 25 seconds East a distance of 273 feet; thence North 55 degrees 58 minutes 35 seconds East a distance of 100 feet; thence South 7 degrees 04 minutes 17 seconds East a distance of 459.28 feet; thence West a distance of 358.18 feet; thence Northwesterly 495 feet more or less to the actual point of beginning, Hennepin County, Minnesota. Together therewith an easement for use of any roadway over a strip of land 15 feet in width lying immediately adjacent to, and southwesterly of, the southwesterly line of the above described parcel. Parcel 2: That part of the West half of the Southwest Quarter of Section 20, Township 116, Range 22 West of the 5th Principal Meridian, described as follows: Commencing at the Southwest corner of said West half thence on an assumed bearing of North 0 degrees 57 minutes 40 seconds East along the West line of said West half, a distance of 695.81 feet; thence Northeasterly along a curve concave to the Northwest, said curve having a radius of 3997.38 feet and a central angle of 0 degrees 45 minutes 22 seconds and a chord bearing of North 56 degrees 21 minutes 16 seconds East, an arc distance of 52.75 feet; thence North 55 degrees 58 minutes 35 seconds East a distance of 781.88 feet to the actual point of beginning of the parcel of land to be herein described; thence North 55 degrees 58 minutes 35 seconds East a distance of 181.5 feet; thence South 34 degrees 01 minutes 25 seconds East a distance of 273 feet; thence South 55 degrees 58 minutes 35 seconds West a distance of 181.5 feet; thence Northwesterly 273 feet more or less to the point of beginning, Hennepin County, Minnesota. NOTE: This property is Abstract KINSLEY TOWNHOMES 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 Rural Zoning District and be placed in the RM-6.5 Zoning District. Section 3. That action was duly initiated proposing that the designation of the land be amended within the RM-6.5 Zoning District 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 Rural Zoning District and placed in the RM-6.5 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 Pulte Homes, 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 19th day of September 2023, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the ____ day of ________, 2023. ATTEST: ______________________________ _______________________________ Nicole Tingley, City Clerk Ronald A. Case, Mayor EXHIBIT A Legal Description: Rezone from Rural to RM-6.5 and PUD Parcel 1: That part of the West 1/2 of the Southwest 1/4 of Section 20, Township 116, Range 22 West of the 5th Principal Meridian, described as follows: commencing at the Southwest corner of said West 1/2 thence on an assumed bearing of North 0 degrees 57 minutes 40 seconds East along the West line of said West 1/2, a distance of 695.81 feet; thence Northeasterly along a curve concave to the Northwest, said curve having a radius of 3997.38 and central angle of 0 degrees 45 minutes 22 seconds and chord bearing of North 56 degrees 21 minutes 16 seconds East, an arc distance of 52.75 feet; thence North 55 degrees 58 minutes 35 seconds East a distance of 489.60 feet to the actual point of beginning of the parcel of land to be herein described; thence North 55 degrees 58 minutes 35 seconds East a distance of 292.28 feet; thence South 34 degrees 01 minute 25 seconds East a distance of 273 feet; thence North 55 degrees 58 minutes 35 seconds East a distance of 100 feet; thence South 7 degrees 04 minutes 17 seconds East a distance of 459.28 feet; thence West a distance of 358.18 feet; thence Northwesterly 495 feet more or less to the actual point of beginning, Hennepin County, Minnesota. Together therewith an easement for use of any roadway over a strip of land 15 feet in width lying immediately adjacent to, and southwesterly of, the southwesterly line of the above described parcel. Parcel 2: That part of the West half of the Southwest Quarter of Section 20, Township 116, Range 22 West of the 5th Principal Meridian, described as follows: Commencing at the Southwest corner of said West half thence on an assumed bearing of North 0 degrees 57 minutes 40 seconds East along the West line of said West half, a distance of 695.81 feet; thence Northeasterly along a curve concave to the Northwest, said curve having a radius of 3997.38 feet and a central angle of 0 degrees 45 minutes 22 seconds and a chord bearing of North 56 degrees 21 minutes 16 seconds East, an arc distance of 52.75 feet; thence North 55 degrees 58 minutes 35 seconds East a distance of 781.88 feet to the actual point of beginning of the parcel of land to be herein described; thence North 55 degrees 58 minutes 35 seconds East a distance of 181.5 feet; thence South 34 degrees 01 minutes 25 seconds East a distance of 273 feet; thence South 55 degrees 58 minutes 35 seconds West a distance of 181.5 feet; thence Northwesterly 273 feet more or less to the point of beginning, Hennepin County, Minnesota. NOTE: This property is Abstract CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2023-___ RESOLUTION APPROVING THE PRELIMINARY PLAT OF KINSLEY TOWNHOMES FOR PULTE HOMES BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of the parcel(s) legally described in Exhibit A attached, Kinsley Townhomes for Pulte Homes stamp dated September 12, 2023, and consisting of 6.13 acres into 43 lots and 1 outlot, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved subject to approval of the 2nd reading of the Ordinance for the Planned Development District Review with waivers and a Zoning District change and approval of the Development Agreement. ADOPTED by the Eden Prairie City Council on the 19th day of September, 2023 _______________________________ Ronald A. Case, Mayor ATTEST: __________________________ Nicole Tingley, City Clerk EXHIBIT A Preliminary Plat Legal Description: Parcel 1: That part of the West 1/2 of the Southwest 1/4 of Section 20, Township 116, Range 22 West of the 5th Principal Meridian, described as follows: commencing at the Southwest corner of said West 1/2 thence on an assumed bearing of North 0 degrees 57 minutes 40 seconds East along the West line of said West 1/2, a distance of 695.81 feet; thence Northeasterly along a curve concave to the Northwest, said curve having a radius of 3997.38 and central angle of 0 degrees 45 minutes 22 seconds and chord bearing of North 56 degrees 21 minutes 16 seconds East, an arc distance of 52.75 feet; thence North 55 degrees 58 minutes 35 seconds East a distance of 489.60 feet to the actual point of beginning of the parcel of land to be herein described; thence North 55 degrees 58 minutes 35 seconds East a distance of 292.28 feet; thence South 34 degrees 01 minute 25 seconds East a distance of 273 feet; thence North 55 degrees 58 minutes 35 seconds East a distance of 100 feet; thence South 7 degrees 04 minutes 17 seconds East a distance of 459.28 feet; thence West a distance of 358.18 feet; thence Northwesterly 495 feet more or less to the actual point of beginning, Hennepin County, Minnesota. Together therewith an easement for use of any roadway over a strip of land 15 feet in width lying immediately adjacent to, and southwesterly of, the southwesterly line of the above described parcel. Parcel 2: That part of the West half of the Southwest Quarter of Section 20, Township 116, Range 22 West of the 5th Principal Meridian, described as follows: Commencing at the Southwest corner of said West half thence on an assumed bearing of North 0 degrees 57 minutes 40 seconds East along the West line of said West half, a distance of 695.81 feet; thence Northeasterly along a curve concave to the Northwest, said curve having a radius of 3997.38 feet and a central angle of 0 degrees 45 minutes 22 seconds and a chord bearing of North 56 degrees 21 minutes 16 seconds East, an arc distance of 52.75 feet; thence North 55 degrees 58 minutes 35 seconds East a distance of 781.88 feet to the actual point of beginning of the parcel of land to be herein described; thence North 55 degrees 58 minutes 35 seconds East a distance of 181.5 feet; thence South 34 degrees 01 minutes 25 seconds East a distance of 273 feet; thence South 55 degrees 58 minutes 35 seconds West a distance of 181.5 feet; thence Northwesterly 273 feet more or less to the point of beginning, Hennepin County, Minnesota. NOTE: This property is Abstract CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2023-____ A RESOLUTION ADOPTING FINDINGS OF FACT IN SUPPORT OF PARK DEDICATION FEES FOR THE KINSLEY TOWNHOME DEVELOPMENT WHEREAS, City Code Chapter 12, Section 12.40 Subd. 1 requires an owner of land being subdivided to dedicate to the public for public use as parks, playgrounds or public open space a reasonable portion of the land up to 10% thereof; and, WHEREAS, in lieu of dedicating land, City Code Chapter 12, Section 12.40 Subd. 2; gives the City the option to require the developer to contribute an equivalent amount in cash in lieu of all or a portion of the land which the City may require such owner to dedicate in accordance with the schedule to be set by resolution of the Council; WHEREAS, the Kinsley Townhome Development project includes subdivision of property pursuant to City Code Chapter 12 into 42 townhome lots and 1 outlot (the “Project”); WHEREAS the payment of cash park fees in lieu of land dedication is appropriate given the nature of the use on the property; WHEREAS, the City’s current fee ordinance sets the cash park fee at $5,500 per residential unit, which amount was calculated in accordance with Minn. Stat. § 462.358, subd. 2b(c); WHEREAS, the City Council held a public hearing at its September 19, 2023 meeting; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that the following findings are hereby adopted in support of the imposition of a cash park fee in lieu of land dedication as a condition of subdivision approval for the Kinsley Townhome Development project: 1. The Project does not include available land that is suitable for parkland. The land areas outside of the developable area include stormwater BMP’s and the extension of Valley Road leaving little room for a park. 2. The Project includes the construction of 42 townhome units. Development and occupancy of the units is expected to have an impact on the City’s parks and trail system. 3. The Project is connected to a public trail along Pioneer Trail and a public trail and sidewalk along Dell Road. The public trails provide access to parks and open spaces, increasing the likelihood that residents of the Project will use the City’s trails, parks, and open spaces. 4. The City has sidewalks and trails throughout the neighborhood. The City improves and maintains the pedestrian and bicycle facilities for all residents to enjoy. 5. There is an essential nexus between requiring the cash park fees for the Project and the City’s goal of providing a high-quality park system for all individuals who live or work in the City, including residents of the Project. 6. The need for parkland created by the Project is roughly proportional to the cash park fee amount required by the City’s fee ordinance. The cash park fees will be used for future anticipated park acquisition and improvement projects in the City, pedestrian and bicycle facility improvements, and other projects to improve City park and recreational facilities that are likely to be used by residents of the Project. ADOPTED by the City Council of the City of Eden Prairie this 19th day of September 2023. _____________________________ Ronald A. Case, Mayor ATTEST: ___________________________ Nicole Tingley, City Clerk Project Site Looking into the site from Dell Road TO: Planning Commission FROM: Beth Novak-Krebs, Senior Planner DATE: August 28, 2023 SUBJECT: Kinsley Townhome Development LOCATION: 17305 & 17325 Pioneer Trail REQUEST: • PUD Concept Plan Review on 6.13 acres • PUD District Review with waivers on 6.13 acre • Zoning Change from Rural to RM-6.5 on 6.13 acres • Site Plan Review on 6.13 acres • Preliminary Plat to divide two parcels into 43 lots and 1 outlot on 6.13 acres BACKGROUND The applicant is requesting approval to construct 42 owner-occupied townhome units at 17305 & 17325 Pioneer Trail. The property is located in the southeast corner of the intersection of Dell Road and Pioneer Trail. The project site includes two existing parcels totaling 6.13 acres. Each parcel currently contains a single-family home. Adjacent land uses include townhomes to the south, a stormwater facility and Dell Road to the west, Pioneer Trail and duplex units to the north and single-family homes to the east. The property is generally flat in the southwest corner of the site with a wooded depression in the north central area of the site. There are also existing trees along the east lot line. Staff Report – Kinsley Townhome Development by Pulte Page 2 2 COMPREHENSIVE PLAN AND ZONING In Aspire 2040, these properties are identified as an infill development sites. Development of these properties has been expected and has been noted in Aspire and in the 2023-2027 Community Development Strategic Plan. The property is currently guided Medium Density Residential in Aspire 2040, which allows 5 to 14 dwelling units per acre. The proposed density is 6.8 units per acre. The property is currently zoned Rural. The applicant is requesting a rezoning of the property to RM-6.5. The adjacent properties to the west, south and north are all zoned RM-6.5 with the properties to the east being zoned R1-13.5. The townhomes are a permitted use in the RM-6.5 zoning district. PRELIMINARY PLAT The preliminary plat consists of dividing two parcels into 43 lots, 1 outlot and right-of-way for Valley Road and Pioneer Trail. Each townhome will be situated on its own lot with one large common lot surrounding the buildings. Outlot A will include the private drive and visitor parking. Since Outlot A will be owned and maintained by the Homeowners Association, the applicant has provided a drainage and utility easement over the outlot for the public utilities under the private drive. SITE PLAN The site plan includes Valley Road connecting to Dell Road through the south side of the property. From the new street, there will be a private drive that extends to the north and east providing access to the townhomes. The townhomes are arranged in buildings containing four (4), five (5) and six (6) units. The plan includes two buildings with 4 units, two buildings with 5 units and four buildings with 6 units for a total of 8 buildings and 42 units. Each unit will have a two (2) stall garage that will face inward toward the private drive. Common open space surrounds the buildings. The applicant is providing a pedestrian connection from the development to the paved trail along Pioneer Trail. This connection is located in the northeast corner of the property. The proposal also includes a sidewalk along the north side of Valley Road, which will connect with the existing sidewalk along Dell Road and Valley Road. Staff Report – Kinsley Townhome Development by Pulte Page 3 3 PARKING The parking requirement is 2 stalls per unit with at least one stall being covered. The proposed plan exceeds this requirement through the provision of 2-car garages for each unit. The design of the site also allows for additional parking in the driveways, as each driveway is at least 20 feet deep. The plan also includes 12 guest parking stalls throughout the site, though not required by city code. The width of the private drive is proposed at 24 feet. The private drive will be signed as a fire lane and parking will not be allowed on the private street. DENSITY The proposed development has a density of 6.8 units per acre. The proposed density is consistent with the Comprehensive Plan. In the RM-6.5 Zoning District, City Code allows a maximum density of 6.7 units per acre. The applicant is requesting a waiver to increase the density by 0.1 units per acre. The proposed density is comparable to the density of other multifamily developments in the neighborhood as listed in the following table: Development Name General Location Number of Units Acres Density Units/acre Kinsley Townhomes (Proposed) South of Pioneer Trail and east of Dell Rd. 42 6.13 6.8 Heritage Place Townhomes Rath Place and Wiedman Way, west of Dell Rd. 61 7.44 8.2 Lodges at Oakparke Hackberry Ct. and Marshall Rd., west of Dell Rd. 118 13 9.0 Oakparke Twin Homes LaForet Dr., Haralson Dr., Tilia Rdg., east of Dell Rd. 66 21.73 3 Heritage Village Libby Lane, Hanson Ct., Ada Ct., east of Dell Rd. 53 12.22 4.3 The applicant is proposing a number of design features to lessen the perceived impact on neighboring properties. Refer to the Planned Unit Development Waivers section of this report for more details. TRAFFIC/VALLEY ROAD CONNECTION At the request of the City, the proposed plan includes a public street along the south side of the property. This roadway is an extension of Valley Road west to Dell Road. When the neighborhood to the east was platted in 2001, Valley Road was constructed to the west property line with the intention that the road would eventually be extended to Dell Road. The staff report for The Heritage development in 2001 stated “Valley Road will remain a temporary “dead end” street until future development occurs on the adjacent properties to the west. At that time, Valley Road will be extended to Dell Road. This future road connection is necessary to provide essential emergency vehicle access and eliminate the need for the remaining undeveloped parcels to require direct access to Pioneer Trail.” The City continues to support the Valley Road connection for the reasons presented below. Staff Report – Kinsley Townhome Development by Pulte Page 4 4 Accessibility and Safety: The Valley Road connection would enhance accessibility and safety for the existing and future residents surrounding this neighborhood by providing a new alternative access to a lower volume, lower speed Dell Road. Dell Road has a traffic volume of 3,400 vehicles per day (vpd) (2020) as compared to Pioneer Trail which as a volume of 6,977 vpd (2021). Dell Road has a posted speed of 30 mph as opposed to Pioneer Trail which is posted at 45 mph. Sightlines for the proposed Valley Road connection at Dell Road are extremely good. Sightlines for Cedar Forest Road and Braxton Drive at Pioneer Trail are less than ideal due to Pioneer Trail curving to the south. Additionally, Dell Road has been improved to urban standards with a dedicated southbound left turn lane for residents entering the neighborhood as well as two northbound through lanes to better accommodate right turners. Pioneer Trail is still a rural section road with no dedicated turn lanes serving the neighborhood to the south at Cedar Forest Road or Braxton Drive. Over the past ten years there have been nine reported accidents on Pioneer Trail between Cedar Forest Road and Braxton Drive. Most of these accidents can be attributed to speed, poor sight lines, rural section roadway, curves, and lack of turn lanes. Finally, an alternative access point in a neighborhood allows for better traffic management and routing during maintenance and reconstruction activities. Access to Dell Road also provides neighborhood access to the traffic signal at Dell Road and Pioneer Trail. This becomes important for drivers not wanting to risk judging a gap on the higher speed and higher volume Pioneer Trail. For example, the sight distance required for turning onto Pioneer Trail from Cedar Forest Road is 500 lineal feet compared to 286 lineal feet when turning onto Dell Road from the proposed Valley Road. The reason for the difference being the speed on Pioneer Trail as compared to Dell Road. This will become even more advantageous to residents in the future as traffic on Pioneer Trail increases with additional planned development in Carver County to the west. The other significant benefit would be for connecting pedestrian and bicyclists from both new and existing neighborhoods. Residents in the proposed development would be more directly connected to Cedar Hills Park, recreational trails along Riley Creek, and neighborhood friends. Emergency Response: Emergency response would be improved to the existing neighborhood due to increased accessibility, fewer emergency vehicle turns required, and the use of the emergency vehicle preemption capabilities of the signal at Dell Road and Pioneer Trail. The connection of Valley Road to Dell Road would reduce fire response to the homes on Preston Place by one minute from nearest Fire Station (Station #4). One minute is considered significant for emergency response. Comprehensive Plan. This connection is shown in the Comprehensive Plan. In response to concerns about additional traffic: • The proposed development traffic memo notes a 42 unit multi-family housing development. The memo estimates 283 new weekday trips to Valley Road including 17 AM and 21 PM peak hour trips and estimates that 90% of the development trips will enter/exit the site via Valley Road from Dell Road. The resulting total AM/PM peak hour added trips to the existing neighborhood is approximately Staff Report – Kinsley Townhome Development by Pulte Page 5 5 4 trips. In addition, the developer’s engineer estimates a total of 43 AM/PM peak hour trips from the existing neighborhood would use the proposed Valley Road connection. This is based on the turning movement counts received from Hennepin County at the Braxton Drive intersection and City turning movement counts taken at the Cedar Forest intersection with Pioneer Trail. Using these counts and the developer’s trip generation memo, the level of service (LOS) before and after development was analyzed at both the Cedar Forest Road intersection with Pioneer Trail and the Valley Road intersection with Dell Road. The Valley Road and Dell Road intersection maintained a side street LOS A in both scenarios and the Cedar Forest Road side street approach to Pioneer Trail maintained a LOS B in both scenarios with the after scenario delay decreasing due to the existing neighborhood using the new connection. USABLE OPEN SPACE City Code requires 150 square feet of usable open space per unit for residents to use. The plan as proposed complies with the requirements and includes a sidewalk connection to the trail along Pioneer Trail, a fire pit and seating area, and open, unprogrammed lawn area designated as an area to play lawn games, etc. BUILDING ARCITECTURE AND MATERIALS The townhomes are two-story and range in size from 1,850 to 2,020 square feet and certain models can be expanded to 2,400 square feet. The front facades of each unit face the private drive and will be individualized and stylized with varying windows, gables, shutters, materials, dormers, and roof lines. The use of shakes and banding boards serve as accents. These features help provide visual variety within the buildings. The rear sides of the units will also include varied features and colors. At the request of staff, the applicant has provided additional architectural features on the ends of the buildings that face the street and adjacent properties. The building elevations include more windows and stone along the base of the façade. The applicant is proposing a heavier vinyl siding, which tends to retain its look longer than a lower grade vinyl. Staff Report – Kinsley Townhome Development by Pulte Page 6 6 PLANNED UNIT DEVELOPMENT WAIVERS The purpose of a Planned Unit Development (PUD) as stated in the City Code is to provide for a more creative and efficient approach to the use of land within the City; to allow variety in the types of environment available to people and distribution of overall density of population and intensity of land use where desirable and feasible; and provide for greater creativity and flexibility in environmental design. In order to justify and off-set the waivers, the applicant is providing pedestrian connections to the broader sidewalk/trail system, enhanced architectural features on the ends of the units that are visible from adjacent properties and public streets, visitor parking, deeper setbacks and additional landscaping as a buffer along the east property line, and solid fencing between Valley Road and the properties to the south. View from Valley Road looking North Staff Report – Kinsley Townhome Development by Pulte Page 7 7 The applicant is requesting the following waivers: • Maximum Gross Density- The proposed density is consistent with the Medium Density Residential guiding in the Comprehensive Plan. City Code allows a maximum density of 6.7 units per acre in the RM-6.5 zoning district. The applicant is requesting a waiver to allow a density of 6.8 units per acre. At the completion of the project, there will be a total of 42 units on the property. The density is comparable to the densities of other multifamily development in the neighborhood. (See table above.) In an effort to fit into the existing neighborhood, the applicant has increased setbacks from the adjacent neighborhood to the east, added trees along the east side of the property to enhance the current tree line, improved architectural features on the ends of the buildings that are visible from adjacent properties and added a decorative solid fence between Valley Road and the townhomes to the south. • Minimum Lot Size – City Code requires a minimum lot size for the individual units of 3,000 square feet. As proposed, the lot sizes range from 1,943 square feet to 2,521 square feet. The applicant is requesting approval of a waiver for lot sizes less than 3,000 square feet. The proposed lot sizes provide enough space for the unit types being proposed and there is common open space surrounding the units. o The common lot, lot 43, provides additional open space to the development. While in common ownership, this open space, separated by an invisible property line, achieves the same goal of minimum lot size and separation of structures. • Minimum Lot Depth – City Code requires a minimum lot depth of 100 feet. As proposed, the shallowest lot is 81.12 feet with an average lot depth of 81.50 feet. The proposed lot depth provides enough space for the unit types being proposed and there is common open space surrounding the units. It is typical for the individual lots in attached townhome developments to be large enough to accommodate the unit with common space beyond. This open space gives the perception of additional lot depth, meeting the goals of the ordinance. • Lots Without Frontage on a Public Street – City Code requires all lots to have frontage on a public street. The common lot has frontage on two public streets (Pioneer Trail and Valley Road), but the individual lots do not have frontage on a public street. In Eden Prairie, many townhome developments are arranged along a private drive similar to the proposed project and do not front on a public street. • Setback Along Valley Road – City Code requires a minimum front setback of 30 feet along Valley Road. The applicant is requesting a 20 foot setback for the Lot 1 unit along the extension of Valley Road. All other units conform. INCLUSIONARY HOUSING Per the City’s Inclusionary Housing Ordinance, 10% of the units in a new for-sale multifamily housing must be made available to households earning 115% or less of the area median income ($143,635 for a family of Staff Report – Kinsley Townhome Development by Pulte Page 8 8 four in 2023). Alternatively, the affordability requirement can be met by making a paying in lieu of $150,000 per affordable unit required. The developer has opted to provide the affordable units rather than pay the payment in lieu The ordinance also requires rounding up, meaning five (5) homes in the new development must be sold to households at this income threshold, with the purchase price for the year sold being based on the methodology promulgated by the Metropolitan Council for its Ownership and Rent Affordability Limits for that same year. An income restriction will be recorded against the property such that if it is sold in the first ten years after the initial sale, it must be sold to a similarly income-eligible household. Language will be included in the Development Agreement to memorialize these requirements and compliance with the Inclusionary Housing requirements. TREE REPLACEMENT AND LANDSCAPING The project requires 285 caliper inches of landscaping. The project as proposed complies with the landscaping requirements. The plan includes foundation plantings around each of the buildings, trees along the private drive and trees around the perimeter of the site to provide screening. The project requires 542 caliper inches of tree replacement. The applicant is proposing 136 caliper inches of tree replacement. In order to comply with City Code, the applicant must pay the fee in lieu of tree replacement for the remaining 406 caliper inches. The Development Agreement will include provisions addressing this requirement. STORMWATER MANAGEMENT The project incorporates four permanent stormwater best management practices (BMPs) for stormwater management. The first is an infiltration basin in the southeast corner of the Site. This basin treats the private road Larimar Trail and portions of the Valley Road extension and will be maintained by the City. The City will also maintain an underground infiltration BMP within the right-of-way in the southwest corner of the site that treats runoff from the Valley Road extension. Finally, there are two private BMPs: an infiltration trench and an underground stormwater chamber. These two BMPs will be privately maintained by the homeowners association and provide rate control and pollutant removal for the interior portions of the site. SIGNS The applicant is proposing an on-premise monument sign near the south end of the private road. The sign will require approval through a separate permit and will be the responsibility of the Homeowners Association. UTILITIES The public sanitary sewer and water mains in the neighborhood are sized to serve the proposed project. Sanitary sewer and water will be extended through Valley Road and extend along the private drive to serve each individual unit. The sanitary sewer and water mains under the private drive will be public mains, protected a drainage and utility easement. SUSTAINABILITY The sustainable features proposed by the applicant are: • Each home will have a Home Energy Rating System (HERS) score of at least 50 Staff Report – Kinsley Townhome Development by Pulte Page 9 9 • Installation of Energy Star rated appliances • Installation of Watersense certified fixtures • Encouragement for homeowners to recycle • Allowing the use of low VOC materials • Installation of 150 amp panels for electric vehicle chargers should the homeowner choose to install a charger. NEIGHBORHOOD MEETING AND RESIDENT COMMENTS The applicant held a neighborhood meeting on June 22, 2023. Approximately 34 residents attended the meeting. There, the residents shared concerns about the Valley Road connection, traffic, noise, headlights shining into the townhomes to the south, and a lack of buffering between the project and the townhomes to the south. Residents asked questions about price point, size of the homes, and density. Between the neighborhood meeting and now, the City has received many letters and emails from residents expressing concerns about the proposed project. These letters are provided. In addition to the concerns identified during the neighborhood meeting, comments have included concerns about density, parking, width of the private street, property values, noise, green space, privacy, buffers for noise and views, and the development not fitting into the neighborhood. Valley Road Connection. Some residents of the townhome and the single family neighborhoods have expressed objections to the connection of Valley View Road to Dell. Staff supports the connections for the reasons included in the Traffic/ Valley Road Connection section above. Many comments have been received noting that the connection is so important, the City should have completed the connection already. It is the normal practice of the City to identify missing connections, then make those connections when development occurs. This reduces the financial impact to the taxpayer due to the taking of private property, (and the time), in addition to the costs to complete the infrastructure connections. The Comprehensive Plan identifies 16 road connections of this type throughout the City. Traffic. There are residents concerned about additional traffic in the adjacent residential neighborhoods. The redevelopment of a vacant parcel will increase traffic. Parking. Many comments have been made about lack of parking within the subdivision. Parking for the subdivision exceeds the minimum requirements by code and is generally consistent with the parking provided observed in the neighborhood to the south. Parking is also allowed on Valley Road. Headlights. Neighbors expressed concerns about headlights into their neighborhood. In response, the developer proposes a 6 foot high fence on the south side of the right of way to block headlights of cars coming south on Larimer. Density. Neighbors are concerned with the density proposed. The density proposed is consistent with the Comprehensive Plan, and only minimally exceeds the limit for the zoning district. The density is in line with Staff Report – Kinsley Townhome Development by Pulte Page 10 10 the other townhome projects in the area. Usable open space. Residents expressed concern over the lack of usable open space. As noted above, the project complies with the requirements of usable open space. The plan includes a connection to the existing public trail along Pioneer Trail, a fire pit area, and unprogrammed open space. Character of the neighborhood. Some residents made comments that the proposed development ‘does not fit into the neighborhood’. The proposed development uses 2 story buildings in groups of 4-6 units, compatible with the existing built environment. Width of Private Drive. There have been concerns raised that the private drive is too narrow. The proposed private drive is 24 feet wide from the back of the curb to the back of the curb, which has been reviewed by the Fire Department. This is consistent with the private drives serving attached housing neighborhoods throughout the city, which ranges from 20 feet wide to 24 feet wide. The drive will be signed as a fire lane and parking will be prohibited on the private drive so emergency vehicle can maneuver through the site. Privacy, Noise, and Views. With Valley Road being extended, some residents are concerned about the impacts from the street. The proposed project includes a 6 foot tall screen fence along a portion of the south side of Valley Road. In addition, the applicant is proposing plantings along the east property line to enhance the screening, and providing more architectural details on the ends of the homes that are visible from the street and adjacent properties. The distance between the Valley Rd extension to the nearest townhome unit to the south is about 22 feet, property line to right of way line; about 34 feet from back of curb. STAFF RECOMMENDATION Recommend approval of the following requests: • PUD Concept Plan Review on 6.13 acres • PUD District Review with waivers on 6.13 acre • Zoning Change from Rural to RM-6.5 on 6.13 acres • Site Plan Review on 6.13 acres • Preliminary Plat to divide two parcels into 43 lots and 1 outlot on 6.13 acres This is based on plans submitted on July 21, 2023, staff report dated August 28, 2023 and the following conditions: 1. Prior to the 1st reading before the City Council, the applicant shall: A. Revise the Drainage and Utility Easement around the stormwater facility on the west side of the property. B. Soil borings and/or test pits must be provided in all proposed BMPs to a depth of at least 5 feet below the bottom of the BMPs. These soil borings and/or test pits must be shown on the Grading Plan. C. The Stormwater Report claims that the underground infiltration pipe will be in an area of sand. This needs to be substantiated by a boring within the proposed BMP. Staff Report – Kinsley Townhome Development by Pulte Page 11 11 D. The pond details must be revised so that each pipe has an upstream structure for access for vac/jetting. E. The plans must be revised to include applicable city details for public improvements. F. Braun's geotech report indicates clay soils and an assumed R-value of 10. This necessitates installation of a select granular section under the aggregate base for the public road. 12" is recommended. Show drain tile (detail no. S-10) at low points per geotech report recommendation. 2. Prior to approval of the final plat the applicant shall: A. Sign special assessment agreement for City trunk sewer and water assessment fees and connection fees. B. Submit detailed storm water runoff, utility and erosion control plans for review by the City Engineer and Watershed District. C. Provide copies of legal documents, either in Homeowners Association format or private covenant and agreement format to be approved by the City that shall address the following: • Describe the long term private maintenance or replacement agreement for the retaining walls. • Insertion of language in the documents that relinquishes the City of Eden Prairie from maintenance or replacement of the retaining walls. D. Submit a bond, letter of credit, or cash deposit (“security”) that guarantees completion of all public improvements equivalent to 125% of the cost of the improvements. 3. Prior to land alteration permit issuance, the applicant shall: A. Pay the fee in lieu for tree replacement. B. Submit detailed storm water runoff, wetland, utility, street and erosion control plans for review and approval by the City Engineer. C. Submit a landscaping letter of credit or escrow surety equivalent to 150% of the cost of the landscaping. D. Obtain and provide documentation of Watershed District approval. E. Notify the City and Watershed District 48 hours in advance of grading. F. Install erosion control at the grading limits of the property for review and approval by the City. G. Submit a land alteration bond, letter of credit, or escrow surety equivalent to 125% of the cost of the land alteration. 4. Prior to building permit issuance for the property, the applicant shall: A. Pay the appropriate cash park fees consistent with City Code.. B. Provide recorded copies of any Homeowner Association documents or private covenants and agreements to the City following recording of the final plat. C. Submit construction plans and project specifications for public infrastructure for review and approval by the City Engineer. Staff Report – Kinsley Townhome Development by Pulte Page 12 12 5. The following waivers have been granted through the PUD District Review for the project as indicated in the plans dated July 21, 2023. • Maximum Gross Density- City Code allows a maximum density of 6.7 units per acre in the RM-6.5 zoning district. The applicant is requesting a waiver to allow a density of 6.8 units per acre. At the completion of the project, there will be a total of 42 units on the property. The proposed density is consistent with the Medium Density Residential guiding. The density is comparable to the densities of other multifamily development in the neighborhood. • Minimum Lot Size – City Code requires a minimum lot size for the individual units of 3,000 square feet. As proposed, the lot sizes range from 1,943 square feet to 2,521 square feet. The applicant is requesting approval of a waiver for lot sizes less than 3,000 square feet. The proposed lot sizes provide enough space for the unit types being proposed and there is common open space surrounding the units. The common lot, lot 43, provides additional open space to the development. While in common ownership, this open space, separated by an invisible property line, achieves the same goal of minimum lot size and separation of structures. • Minimum Lot Depth – City Code requires a minimum lot depth of 100 feet. As proposed, the shallowest lot is 81.12 feet with an average lot depth of 81.50 feet. The common open space gives the perception of additional lot depth, meeting the goals of the ordinance. • Lots Without Frontage on a Public Street – City Code requires all lots to have frontage on a public street. The common lot has frontage on two public streets, but the individual lots do not have frontage on a public street. Many townhome developments are arranged along a private street similar to the proposed project and do not front on a public street. • Setback Along Valley Road – City Code requires a minimum front setback of 30 feet along Valley Road. The applicant is requesting a 20 foot setback for the units along the extension of Valley Road. 1 Jeremy Barnhart From: Sent:Friday, July 21, 2023 9:44 AM To:Jeremy Barnhart Subject:Re: Pulte Project on Dell Mr. Barnhart Thank you for your response to my comments concerning the Pulte project at Pioneer Trail and Dell. The project is too large for the available space. No green space, extremely limited parking, street too narrow to accommodate emergency vehicles, crowding established neighborhoods and consequently damaging property values, and, finally, traffic. Pulte can surely come up with a more thoughtfully planned project to address these concerns. The concerns are shared widely throughout the surrounding neighborhood and deserve careful consideration by the Planning Commission and City Council. Once again, thank you for your reply to my comments. The comments are intended to be constructive and in the best interests of our community. Anita McAnelly On 07/21/2023 8:45 AM CDT Jeremy Barnhart <jbarnhart@edenprairie.org> wrote: Ms. McAnelly Thank you for submitting your comments regarding the Pulte project. Did you have any specific concerns about the project, or have any questions I can answer? Would you like these comments added to the record, to be reviewed by the Planning Commission and City Council? Jeremy Barnhart, AICP City Planner 8080 Mitchell Road Eden Prairie, MN 55344-4485 Direct: 952-949-8529 | Email: jbarnhart@edenprairie.org From:City of Eden Prairie To:Planning Subject:*NEW SUBMISSION* Contact Us: Planning and Zoning Date:Tuesday, August 1, 2023 8:33:15 AM Contact Us: Planning and Zoning Submission #:2603931 IP Address:97.127.17.126 Submission Date:08/01/2023 8:33 Survey Time:5 minutes, 2 seconds You have a new online form submission. Note: all answers displaying "*****" are marked as sensitive and must be viewed after your login. Please complete this form to provide comments or ask questions. Planning Division Eden Prairie City Center 8080 Mitchell Road 952-949-8485 Full Name Colleen Radtke Email Full Address 9411 Libby Lane Eden Prairie, MN 55347 Phone Message We are concerned about the possible 44 units being built off Pioneer Trail and Dell road by Pulte. We understand the cost that must go into this and for them to recover expenses they must get more bang for their busk. But please consider the impact that many homes will have in the area. Single family homes would be much more fitting for the already developed area and to keep more green space for all of us. Thank you for reading this- Would you like to be contacted regarding your comments? Yes How do you prefer we contact you? Email Thank you, City of Eden Prairie This is an automated message generated by Granicus. Please do not reply directly to this email. From:City of Eden Prairie To:Planning Subject:*NEW SUBMISSION* Contact Us: Planning and Zoning Date:Monday, July 24, 2023 11:06:16 PM Contact Us: Planning and Zoning Submission #:2587945 IP Address:76.156.0.155 Submission Date:07/24/2023 11:06 Survey Time:21 minutes, 26 seconds You have a new online form submission. Note: all answers displaying "*****" are marked as sensitive and must be viewed after your login. Please complete this form to provide comments or ask questions. Planning Division Eden Prairie City Center 8080 Mitchell Road 952-949-8485 Full Name Diane Thormodsgard Email Full Address 17354 Hanson Ct. Eden Prairie, MN 55347 Phone Message i am very concerned about the Pulte Homes Pioneer Trail proposed 41 unit townhome development project. It is not consistent with our adjacent neighborhood with the 2 story buildings and lacks adequate parking and green space. Most disturbing is the proposal to complete Valley Road so close to our property line without adequate buffers for noise and view. We will have traffic speeding through our backyard area. Please reduce the number of units and do not complete Valley Road through to Dell. Would you like to be contacted regarding your comments? Yes How do you prefer we contact you? Email Thank you, City of Eden Prairie This is an automated message generated by Granicus. Please do not reply directly to this email. From:Planning To:Jeremy Barnhart; Beth Novak-Krebs Subject:FW: *NEW SUBMISSION* Contact Us: Planning and Zoning Date:Thursday, June 15, 2023 4:01:15 PM (952) 949-8481 From: City of Eden Prairie <edenprairiemn@enotify.visioninternet.com> Sent: Thursday, June 15, 2023 3:48 PM To: Planning <planning@edenprairie.org> Subject: *NEW SUBMISSION* Contact Us: Planning and Zoning Contact Us: Planning and Zoning Submission #:2506534 IP Address:50.203.123.22 Submission Date:06/15/2023 3:48 Survey Time:6 minutes, 13 seconds You have a new online form submission. Note: all answers displaying "*****" are marked as sensitive and must be viewed after your login. Please complete this form to provide comments or ask questions. Planning Division Eden Prairie City Center 8080 Mitchell Road 952-949-8485 Full Name Don Patterson Email Full Address 17244 Valley Road Eden Prairie, Minnesota 55347 Phone (952) 200-8264 Message Dear Planning Commission, I just received a Neighborhood Meeting notice from Pulte Homes regarding a proposal (I assume is in consideration by the Planning Commission) and am GOBSMACKED that it would propose such dense housing, 42 units on a single parcel, especially when directly adjacent to the existing housing in the area. I trust this has NOT been approved and would like more information regarding who I can speak with to stop this mismatch of communities. Please advise Would you like to be contacted regarding your comments? Yes How do you prefer we contact you? Email Thank you, City of Eden Prairie This is an automated message generated by Granicus. Please do not reply directly to this email. From:City of Eden Prairie To:Planning Subject:*NEW SUBMISSION* Contact Us: Planning and Zoning Date:Wednesday, July 26, 2023 5:38:33 PM Contact Us: Planning and Zoning Submission #:2592901 IP Address:76.156.0.155 Submission Date:07/26/2023 5:38 Survey Time:1 minute, 47 seconds You have a new online form submission. Note: all answers displaying "*****" are marked as sensitive and must be viewed after your login. Please complete this form to provide comments or ask questions. Planning Division Eden Prairie City Center 8080 Mitchell Road 952-949-8485 Full Name Gaylord Thormodsgard Email Full Address 17354 Hanson Ct Eden Prairie, MN 55347 Phone Message Ten years ago we bought a townhome in the Heritage Village development and have been pleased with the neighbors, privacy and aesthetics of the association. Our townhome has a tax assessor’s mkt value of $608,500. Our home is affected by the Pulte Homes Pioneer Trail proposal. It will reduce the privacy, increase street noise and impact housing values of the neighborhood. The proposed completion of Valley Road is ill-advised. A buffer between Heritage and a road is needed as is common in EP. Would you like to be contacted regarding your comments? Yes How do you prefer we contact you? Email Thank you, City of Eden Prairie This is an automated message generated by Granicus. Please do not reply directly to this email. From: To:Beth Novak-Krebs Subject:Proposed Pulte Home Pioneer Trail townhouse development Date:Tuesday, August 22, 2023 10:29:11 AM Hi Beth Please pass along a thank you to whoever recommended adding a connector road to the east out of this development. Please be sure the developer doesn’t cancel that road! Could that be apossibility? As a board member of Oakparke Twin Homes HOA, we don’t need 100% of that 42-unit townhome development coming and going on Dell Road only, especially since that outlet isvery close to the stoplight on Flying Cloud Drive. Thanks! Kurt Kurt Lawton17446 Haralson Dr. Eden Prairie, MN 55347-3558 From:City of Eden Prairie To:Jeremy Barnhart Subject:Proposed Pulte Development - Dell Road and Pioneer Trail Date:Thursday, August 3, 2023 3:36:41 PM Message submitted from the <City of Eden Prairie> website. Site Visitor Name: Jon LammersSite Visitor Email: Mr. Barnhart, My wife and I want to state our opposition to the proposed Pulte Homes development at thecorner of Dell Road and Pioneer Trail. We are homeowners in Heritage Village at 17344 Hanson Court, which directly abuts the southern boundary of the proposed development. We are unable to attend the August 14th hearing. Here are our concerns: 1.The development as proposed is too dense for the parcel. There are too many homes and toolittle green space. 2. The development does not have adequate parking, which will result in resident and visitor parking on the proposed Valley Road. 3. Whatever is built on the parcel needs to be adequately screened from view from HeritageVillage by a berm and mature evergreen trees. 4. Whatever is built on the parcel needs to have controlled street lighting, so that the lights are not a nuisance to surrounding neighborhoods. We in Heritage Village have no street lights inour neighborhood. 5. The proposed Valley View Road should not extend east into the adjoining neighborhoods. The extension will result in destruction of existing trees and bushes and wildlife habitat. Theincreased traffic as a result of the extension will pose a danger to children and wildlife. For the above reasons, we respectfully request that the above matters be addressed. Our Heritage Village townhome and the other townhomes directly abutting the proposed development tend to be the highest value townhomes in Heritage Village. If the values of ourtownhomes fall because of the overly dense development, street lights and busy road, the value of the other homes in Heritage Village will decline as well. That is not a good result forus or our neighbors, adjoining neighborhoods, or property tax collections. Thank you for your consideration. Jon and Kathryn Lammers 17344 Hanson Ct, Eden Prairie From:City of Eden Prairie To:Planning Subject:*NEW SUBMISSION* Contact Us: Planning and Zoning Date:Tuesday, July 25, 2023 4:53:18 PM Contact Us: Planning and Zoning Submission #:2590040 IP Address:98.61.161.37 Submission Date:07/25/2023 4:53 Survey Time:10 minutes, 37 seconds You have a new online form submission. Note: all answers displaying "*****" are marked as sensitive and must be viewed after your login. Please complete this form to provide comments or ask questions. Planning Division Eden Prairie City Center 8080 Mitchell Road 952-949-8485 Full Name Marcy Richeson Email Full Address 17538 Hackberry Ct Eden Prairie, Mn 55347 Phone Message Concerns about Pulte Home development. 1) Property look and size is inconsistent with the neighborhood 2) NO green space 3) Traffic! If the city would monitor the speeds between Pioneer Trail and Laforet, they could issue a LOT of speeding tickets. Dell road between those roads is an accident waiting to happen. Pioneer trail is already busy too. 4) Safety- the roads won’t accommodate a safety vehicles that might be needed 5) City is being greedy ($, carbon footprint). 5) Noise - Would you like to be contacted regarding your comments? Yes How do you prefer we contact you? Email Thank you, City of Eden Prairie This is an automated message generated by Granicus. Please do not reply directly to this email. From:Planning To:Jeremy Barnhart; Beth Novak-Krebs Subject:FW: *NEW SUBMISSION* - Pulte Concern Mark Romo [Filed 31 Jul 2023 07:59] Date:Monday, July 31, 2023 7:59:27 AM FYI. From: City of Eden Prairie <edenprairiemn@enotify.visioninternet.com> Sent: Sunday, July 30, 2023 7:26 PM To: Planning <planning@edenprairie.org> Subject: *NEW SUBMISSION* Contact Us: Planning and Zoning Contact Us: Planning and Zoning Submission #:2600260 IP Address:70.59.78.211 Submission Date:07/30/2023 7:25 Survey Time:20 minutes, 26 seconds You have a new online form submission. Note: all answers displaying "*****" are marked as sensitive and must be viewed after your login. Please complete this form to provide comments or ask questions. Planning Division Eden Prairie City Center 8080 Mitchell Road 952-949-8485 Full Name Mark Romo Email Full Address 9365 Libby Lane Eden Prairie, MN 55347 Phone Message Concerns regarding the townhouse development proposed by Pulte Homes at Dell and Pioneer Trial. - Traffic from 84 resident vehicles with added visitors, service, and delivery - Over 40% of the site becomes hard surface - Room for future 4 lane Pioneer Trial - Valley Road disruption of adjacent neighborhoods. It is your option whether further contact is needed. Would you like to be contacted regarding your comments? Yes How do you prefer we contact you? Email Thank you, City of Eden Prairie This is an automated message generated by Granicus. Please do not reply directly to this email. From:City of Eden Prairie To:Beth Novak-Krebs Subject:Pulte homes Pioneer Trail project Date:Wednesday, July 26, 2023 8:59:16 AM Message submitted from the <City of Eden Prairie> website. Site Visitor Name: Mark SkalskiSite Visitor Email: As a Heritage Village homeowner I wish to raise the following objections to the proposedPulte homes Pioneer trail townhouse development. The high density of the Pulte plan doesn’t conform to the surrounding neighborhoods. The proposal places a development at the maximum allowed density 6.7 units/acre which isstrikingly different from the adjacent homes with far lower density. The homes bordering the proposed development have large lots with numerous mature trees, open natural areas andgreen space. In contrast, Pulte is proposing tightly clustered buildings with minimal green space which doesn’t fit the overall character of the surrounding neighborhoods. Pulte states thedevelopment appeals to “first time home buying families”. Assuming young families purchase 60 % of the units (42 units x 60 % x 2 children per family) results in 50 children in a maximalhigh density housing development without adequate open space or play area. Site access issues. The proposed extension of Valley road to Dell road will create a direct route from a high density housing development to Dell road. The proposed Valley roadextension runs along the backyards of Heritage Village homes and changes their backyard boundary from natural green space to a two lane road serving a high density residential area.Pulte’s narrative of the site access concedes the disruptive effect of the Valley road extension to Dell road: In summary this is the wrong development for that parcel of land. The Pulte development planas currently proposed would disrupt two adjacent neighborhoods, Heritage Village and Cedar Forest, with housing inconsistent with these bordering neighborhoods and imposing a trafficburden in a quiet residential area. 1 August 15, 2023 To: Beth Novak-Krebs cc: Jeremy Barnhart Wolfgang Greiner The proposed Pulte development near the southeast corner of the intersection of Dell Road and Pioneer Trail (Pulte Development) should be rejected or significantly modified. We are property owners and year-round residents in Heritage Village Townhomes, located directly south of the Pulte Development. We are opposed to the Pulte Development as (1) causing a decline of property values in the surrounding neighborhoods, (2) being overbuilt for the space, (3) contributing to traffic congestion in the area, and (4) requiring removal of too many trees. Overall, the proposed project will devastate what is now a pastoral entrance to the city from the west. We understand the city’s engineering department has required the proposal to include an extension of Valley Road to the east. This is our primary objection. We doubt residents either of the Pulte Development or homes in or near the Heritage neighborhood east of there will use this new road, other than for parking. The homes to the east have existed for many years without this access, and residents of the Pulte Development will simply exit onto Dell Road, as that will be the fastest and easiest route. Safety should not be an issue, as Heritage Village, with 53 units and a similar configuration, has only one access point. Construction of an unnecessary street connection will cause disruption and interfere with the view from the back of homes along the north side of Heritage Village. Instead of their current pastoral view, Heritage Village residents will be forced to look at a street no doubt littered with parked cars. Most importantly, the street connector will require removal of many mature trees, which will be replaced with concrete. No buffer is planned between the street and Heritage Village, which is evidence of the fact that the parcel will be overbuilt. What has long been a park-like corner will be overcrowded. Whatever is built on the parcel should have a berm and large evergreens for screening, not be bordered by an unnecessary road. As you are well aware, trees and naturalized areas are a key part of Eden Prairie’s identity. City residents greatly appreciate its parks and naturalized areas. The City’s Forestry Department vigorously protects the conservation areas and preserves in Eden Prairie. Attached as Fig. 1 is a photo that demonstrates how our neighborhood recently was required to stop mowing in a minor part of our property dedicated as a preserve. Allowing and even requiring huge numbers of mature trees to be cut down is completely inconsistent with the intense scrutiny the Heritage Village preserve area receives from the City. The project is proposed for land that currently is heavily treed and, contrary to Pulte’s unsubstantiated assertion, is home to numerous animal species, including song birds, deer, racoon, fox, coyote, bats and owls. These species could continue to live on the property if the road is not connected, and most certainly, if the project were not so dense. 2 The Pulte Development is ill-conceived. While we support the development of more moderately-priced homes in Eden Prairie, the target group for this neighborhood seems very uncertain. Without yards, sidewalks, a play area or sufficient guest parking, the neighborhood will be a poor place to raise a family. Cars will be parked in driveways and on the Valley Road extension, causing a junky appearance. (See attached Fig. 2 as an example.) A moderately-priced-home project should not be approved if the project is expected to decrease property values of the surrounding neighborhood, which the Pulte Development most certainly would. In summary, the Planning Department should reject the Pulte Development as not in keeping with the neighborhood, as the project would cause congestion and overcrowding, bring down property values of adjacent neighborhoods, unnecessarily destroy mature trees and impair wildlife. Respectfully submitted, Penelope and Robert Tvrdik 17394 Ada Court Eden Prairie, MN 55347 ptvrdik@outlook.com 3 Fig. 1 NE corner of Heritage Village (showing roped-off preserve area) Fig. 2 Heritage Place Townhome Neighborhood Photo taken around 3:30 pm August 14, 2023 From:City of Eden Prairie To:Planning Subject:*NEW SUBMISSION* Contact Us: Planning and Zoning Date:Tuesday, August 8, 2023 1:29:09 PM Contact Us: Planning and Zoning Submission #:2620736 IP Address:50.173.233.114 Submission Date:08/08/2023 1:29 Survey Time:21 minutes, 53 seconds You have a new online form submission. Note: all answers displaying "*****" are marked as sensitive and must be viewed after your login. Please complete this form to provide comments or ask questions. Planning Division Eden Prairie City Center 8080 Mitchell Road 952-949-8485 Full Name Rebecca Frederick Email Full Address 9236 Preston Place Eden Prairie, MN 55347 Phone Message Hello! I'm writing to strongly oppose connecting Valley Rd to the proposed development on Dell/Pioneer. There are 14 kids under 9yo living on Preston alone & their safety feels threatened. They cross Valley everyday for play/the bus. 1 reason we moved here was bc it felt so calm & safe for kids. Adding 84 resident cars + other delivery cars is too much for this neighborhood road. Worse if Valley connects to Dell. Please have entry to the development be to Dell, & Dell alone. Thanks for your time Would you like to be contacted regarding your comments? Yes How do you prefer we contact you? Email Thank you, City of Eden Prairie This is an automated message generated by Granicus. Please do not reply directly to this email. From:Rick Getschow To:Julie Klima; Robert Ellis Subject:Fwd: Pulte Home Development Plan Date:Tuesday, June 20, 2023 6:43:18 PM FYI Rick Getschow City ManagerCity of Eden Prairie, Minnesota , 8080 Mitchell Road | Eden Prairie, MN 55344-4485 ( 952.949.8410 | * rgetschow@edenprairie.org |8 edenprairie.org Begin forwarded message: Date: June 20, 2023 at 6:05:37 PM CDTTo: GRP-AllCouncil <GRP-AllCouncil@edenprairie.org>Subject: Pulte Home Development Plan Eden Prairie Council Members; I’m sending you this email to express my concerns about the preposed plan todevelop the property at the corner of Pioneer and Dell Rd. As you are aware,Pulte Homes is preposing to develop 42 units on this property. I’m a 30 yearresident of Eden Prairie and live at 17175 Valley Rd. I’m excited to finally seesome plans being submitted for the property, however, I'm concerned about whatis being considered. Unfortunately I can’t attend the Thursday meeting so I’msending you my list of concerns. My biggest concern is the impact to the existing neighborhood. To the south ofthe property we have a great development of townhomes that have become anasset to the neighborhood and to the east is Preston Place which is a wonderfulneighborhood of existing residential homes. Pulte’s current plan appears to not bean asset to the area, put rather a plan to build more units than the property shouldhold. Either an expansion of townhomes such as those to the south or residentialhomes such as Preston Place would be something to consider. My second concern is the lack of space for parking in the preposed development. 42 units would put a huge stress on street parking throughout Valley Rd &Preston Place. Third concern is the increased traffic flow on Valley Rd. The plan would funneltraffic east on Valley and then north on Cedar Forest. These are family homeswith lots of children, increasing the risk of something happening. Eden Prairie has done a remarkable job in developing a great place to live. It’s upto you and the rest of our city government to ensure that it continues. Please feelfree to share my thoughts at the planning meeting. Thank you for serving on our city council. It’s people like you who keep this cityone of the best places to live in the State. Respectfully; Ted & Cathy Hartwig17175 Valley Rd UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, JULY 10, 2023 7:00 PM—CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Frank Sherwood, Andrew Pieper, Ed Farr, Carole Mette, Robert Taylor, Dan Grote, Charles Weber; Phou Sivilay CITY STAFF: Jeremy Barnhart, City Planner; Carter Schulze, City Engineer; Matt Bourne, Parks & Natural Resources Manager; Kristin Harley, Recording Secretary I. CALL THE MEETING TO ORDER Chair Pieper called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE – ROLL CALL Commission members Sherwood and Sivilay were absent. III. APPROVAL OF AGENDA MOTION: Taylor moved, seconded by Weber to approve the agenda. MOTION CARRIED 7-0. IV. MINUTES MOTION: Farr moved, seconded by Kirk to approve the minutes of July 10, 2023. MOTION CARRIED 7-0. V. PUBLIC HEARINGS A. PULTE HOMES (2023-08) Request for: • Planned Unit Development Concept Review on 6.13 acres • Planned Unit Development District Review with waivers on 6.13 acres • Zoning Change from Rural to RM-6.5 on 6.13 acres • Preliminary Plat splitting two parcels into 43 lots and one outlot on 6.13 acres • Site Plan Review on 6.13 acres PLANNING COMMISSION MINUTES August 28, 2023 Page 2 Dean Lotter, manager of land planning and entitlement of Pulte Homes, displayed a PowerPoint and explained the application. The development, Kinsley Homes, consisted of two story townhomes in an infill neighborhood which was bounded by Pioneer Trail at the north, Dell Road at the west, and Valley Road to the south. It had access off of Dell Road. The development would meet the Comprehensive Plan requirement which guided it residential with densities five to 14 units per acre. The development would also maintain existing vegetation as much as possible. The development proposed 42 townhomes which were two-story homes, with a price range in the low $400,000s to mid $500,000s and HOA maintained. There would be a trail/sidewalk connecting the development to Dell Road along Valley Road, and a trail connecting the neighborhood to an existing trail along Pioneer Trail. The usable open space requirement would be met. City Code required 150 square feet of open space per unit, for a total of 6,300 square feet, and the actual square footage was 6,338 square feet. There would be a fire pit area with seating and green space. Lotter explained the development review process included a wetland delineation tree inventory and tree preservation planning, and an endangered and threatened species impact. The NHIS request had been submitted to the DNR. No further study was necessary. Lotter displayed renderings of Valley Road to private Larimar Trail, a view from the south of Kinsley, and the plan for trees and a fence to screen headlights. He displayed a view from the northeast corner where an existing single family home looked west at Kinsley and explained the planned buffers between this and other developments. The townhomes would be single family open concept construction meant for first time home buyers, singles of all ages, young couples, young families, and seniors. He displayed and explained the color pallet and materials. He expected the development to go before the City Council on September 19 and October 17, with construction in the spring of 2024. Kirk asked if there was a similar example of this development with similar density in the Twin cities area, and Lotter gave examples of Pembley in Brooklyn Center, Aster Mill in Rogers and Rush Hollow in Maple Grove, as well as Canterbury in Shakopee. Barnhart presented the staff report. The density was consistent with the Comprehensive Plan in terms of land use, density, and street connection. There were a number of waivers requested involving density (6.8 units per acre), minimum lot size (smallest proposed was 1,943 square feet), minimum lot depth (shortest proposed was 81.12 feet), lots without frontage on a public street (all PLANNING COMMISSION MINUTES August 28, 2023 Page 3 individual lots along a private road), and setback along Valley Road (20 foot setback). Staff recommended approval. Schulze provided additional comment on the connection and traffic analysis completed for the project. The Valley Road connections was a recommended connection as a part of this development as a part of the Comprehensive Plan. He went briefly through the history of planned travel connections at the site and the proposed access points. Staff supported the development. Farr asked if there was improvement scheduled for Pioneer Trail. Schulze replied there was not in the near future; the latest note from the county showed an overlay in 2025, but it would be 2040 before substantial improvements would be scheduled. Farr noted there were 24-foot wide private driveways and the development due south allowed parking on one side on its streets whereas this development did not allow parking on either side on the street. Schultz replied this was the preference of the developer, and the development was also limited due to the number of driveways. The proposed development exceeded parking requirements so on street parking was not necessary. Farr asked for and received confirmation the dead end satisfied fire department access requirements. Weber asked for and received clarification that the parking configuration on Valley Road, if opened, would be allowed on both sides of the road. Pieper opened the public hearing. Don Patterson, resident at 17244 Valley Road, displayed a PowerPoint and spoke against the opening of Valley Road and against the development as currently proposed. He cited concerns regarding the increased traffic and safety concerns, and requested greater green space, less density, greater space between driveways which did not allow for vehicles to park on the street, and investment in needed barrier/transition such as sidewalks and trails. He stated he and 70 neighbors on whose behalf he was also speaking were asking for more than the minimal amenities provided at present by this development. Wolfgang Greiner, resident at 17356 Hanson Court, south of the proposed development, gave the commission a petition signed by 51 residents and displayed a PowerPoint, He spoke against the proposed development and the extension of Valley Road, outlining the number of accidents in the area in the past year, and citing traffic and safety concerns at the addition of this level of density proposed by the development. He also urged the creation of a real buffer zone and more green space by moving the private road to the north and reducing some of the development along the south of the site. He also wanted a substantial sound fence along the Bear Path neighborhood. PLANNING COMMISSION MINUTES August 28, 2023 Page 4 Marv Culver, resident at 9433 Libby Lane (Heritage Townhomes), stated he was a former member of the Planning Commission and spoke against the development as currently proposed because it would affect the neighborhood’s aesthetics and quality of life. Libby Lane was in a conservation easement with the City, and this proposed development was not in keeping with the neighborhood. He urged the commission to consider the community’s needs rather than return on investment (ROI). He also raised concerns about the increase in traffic due to this development. He commented that the proposed townhomes were much larger than the residences surrounding this site. Paul Bartone, resident at Hackberry Court (on Dell Road), stated small changes could have large impacts on this rural-designated neighborhood. There seemed to be incorrect information given to the neighborhood regarding this development, and asked why the first neighborhood meeting with the developer had been canceled. He asked if other neighborhoods were notified, and what the EPA requirements were if there was water in or wetlands on the development site. He found it ludicrous that extra traffic would not speed on his two-lane rural road. Automobiles regularly sped at 50 MPH on that road. He asked for a survey to be done for impact of this development and stated the number of children and buses in the area made the development as currently proposed incomprehensible. Becca Frederick, resident at 9236 Preston Place, spoke against the development as currently proposed. She objected to the density of this development in her backyard, and the loss of the large-caliper trees beyond those deemed adequate to screen the development. Rather than just a “resistance to change” issue she found this a “quality of life” issue and she had lost sleep over the fear for her children’s safety with the increased traffic in the neighborhood. MOTION: Grote moved, seconded by Taylor to close the public hearing. Motion carried 7-0. Mette asked staff if the extension of Valley Road was rejected, if the commission could do that with a motion for approval, or if the motion had to be voted down entirely. Barnhart stated the commission could vote to approve the development with the condition that Valley Road was not extended. The commission’s motion was a recommendation to the City Council, and there would be a public hearing at the City Council meeting as well. Mette asked for and received clarification that even if the commission voted to deny this proposal, it would still be brought to the City Council. Taylor asked for and received clarification Valley Road was not originally recommended to be opened or extended, and it was staff who had recommended the extension. Barnhart stated the initial concept only had a connection to Dell Road. Weber asked for the original planned connection between these roads. Barnhart replied there had been an east-west connector in the area in the 2002 PLANNING COMMISSION MINUTES August 28, 2023 Page 5 Comprehensive Plan, but now Valley Road was the only option available. Taylor asked if there was a minimum number of homes required to create an extension for access/egress. Barnhart stated there was not. Kirk stated the road was “the elephant in the room” and density less of an issue. He reminded the audience commission members were volunteers who had no stake in the developments under their purview and could only make recommendations to the City Council, and he thanked the speakers for their insights. He was attempting to delineate between discomfort with change and crucial concerns that could adversely affect the surrounding environment, and the commission could give a recommendation or ask for a continuance, which would send the proposal back to staff for revision. Farr stated the commission members were citizens of Eden Prairie who attempted to look out for residents’ needs through difficult conversations. He stated he lived near the high school with a road marked “no shortcuts” and in monitoring this he found Eden Prairie did a good job with signage and enforcement of this. The commission relied on City engineers, et cetera, to do detailed engineering and technical work and as a commission member he was hard pressed to go against a recommendation for greater safety, but it was important that the trips though this neighborhood be distributed. Traffic could be controlled and this was a planned connection for a long time for a good reason. This extension was not a surprise, so he did support the connection, though wished to weigh it against the other factors. Regarding density, the commission dealt often with these transitions, between zones and between developments of different densities. He found the road to be exacerbating the issue. He supported the south side waiver, but was open to compromise, especially lowering the density and removing one or two waivers. The fence plan could be altered and plantings increased. He found the use to be consistent along Dell Road but wished for more green space. Improved buffers and transitions were his recommendations at this time. Mette stated Lot One brought up the issue of the proximity of this development to the road, and she wished to address the main concerns of the neighbors to the south. Removing Lot One would strike two waivers. This connection was always desired and planned, and it did make sense to her, but hearing from the community, she had to weigh staff recommendations against how she would respond in the shoes of those residents who had spoken tonight. She found she was not inclined to go against the staff recommendation for the road, since it had been planned and recommended, but was on the fence about it. Kirk stated he was inclined to side with the community’s overwhelming and unexpected response to the road, despite the City’s good work and planning on this. Weber agreed; generally he supported road connections such as this for practical reasons, but in the face of unanimous objections tonight from those PLANNING COMMISSION MINUTES August 28, 2023 Page 6 affected, he could not support the road extension. Kirk stated it was the commission’s job to air the issues, and the City Council would watch this video; he suggested to make a motion as usual and see how the votes fall out. Taylor stated that as a global motor vehicle program lead and safety manager, he found having multiple egresses out of a community led to greater safety than restricting the road connectivity. He was in favor of the road connection. Lotter stated his firm would look at whatever the commission recommended regarding the road connection. He suggested a motion to recommend approval with a study of the road, so the City Council could look at the application while his firm worked with staff. Unit count had already been decreased, so he asked this not be reduced further. This would be a narrower road, with berms and buffering. Mette echoed the idea of a motion to recommend approval with a study of the road. Farr agreed, and stated there were advantages to not having the road go through, but a road was a public utility, like water, sewer, and gas, and a public service in Eden Prairie which had many cul-de-sacs. He too was struggling with not backing this road connection. Pieper added he was also struggling with balancing the City’s recommendations against the community’s wishes. Discussion followed on the wording of a motion regarding the road connection and the waivers. MOTION: Grote moved, seconded by Taylor to recommend approval of a Planned Unit Development Concept Review on 6.13 acres; Planned Unit Development District Review with waivers on 6.13 acres; Zoning Change from Rural to RM-6.5 on 6.13 acres; Preliminary Plat splitting two parcels into 43 lots and one outlot of 6.13 acres; Site Plan Review on 6.13 acres as represented in the August 28, 2023 staff report, as represented in the plans dated August 28, 2023 in the staff report. Motion carried 4-3 with nay votes from Weber, Kirk, and Pieper. B. THREE OAKS ESTATES (2023-05) Request for: • Zoning Amendment from Rural to R1-9.5 and Parks and Open Space on 5.06 acres • Preliminary Plat five lots and one outlot on 5.06 Nathan Haskin, owner and developer for the project, displayed a PowerPoint and detailed the application. He was proposing to develop five residential lots ranging from 0.51 to 0.91 acres with access directly to Crestwood Terrace. The site would be rezoned from Rural to R1-9.5, which would reduce lot sizes from 85 feet to 70 feet (with side yard setbacks reduced from 25 feet to 15 feet) and with 1.72 Outlot PLANNING COMMISSION MINUTES August 28, 2023 Page 7 deeded to the City. A trail would be completed between 9618 Crestwood Terrace and 18653 Ponderosa Court. This development would conform with and complement neighboring parcels and protect Riley Creek. He displayed the preliminary plat and surrounding home styles. He displayed the preliminary tree replacement plan. Barnhart presented the staff report. Only one phone call and one letter objected to the rezoning, but staff had no objection to it, and the trail would not be provided by the developer, it was part of the City’s long term plan. There were no waivers. Staff recommended approval. Mette noted this was not a PUD, therefore no waivers. Farr observed the chosen zoning district was appropriate, however the lots lines across the street from this development only resulted in four lots, which with this five-lot development would change the rhythm of the driveways on the street. He suggested this be taken into account. Mette stated this did not concern her, and there was a diversity of lot configuration in the area. MOTION: Grote moved, seconded by Kirk to close the public hearing. Motion carried 7-0. MOTION: Kirk moved, seconded by Grote to recommend approval of the Zoning Amendment from Rural to R1-9.5 and Parks and Open Space on 5.06 acres and Preliminary Plat five lots and one outlot on 5.06 acres as represented in the August 28, 2023 staff report based on plans listed in the August 28, 2023 staff report. Motion carried 7-0. C. 15201 BIRCH ISLAND RD. VARIANCE (2023-03BOA) Request for: • Approval for variance to permit the construction of an attached deck 0.1 feet from the rear property where a 25-foot setback is required. Michael Stroozas, owner of Norsemen Construction, displayed a PowerPoint and detailed the application. The applicant was requesting a variance for a small grill deck off the back of her home. The property was complicated by an extensive railroad variance, the house placement and design, and a trapezoid-shaped lot, making it difficult to build the deck off the kitchen. Stroozas displayed photographs of the yard, much of which the owner could not use. Barnhart presented the staff report. This was a simple variance that met the five conditions of the Comprehensive Plan, Staff found there were no adverse impacts either on the railroad property or neighboring properties. Due also to the unique circumstances of this property, staff recommended approval. PLANNING COMMISSION MINUTES August 28, 2023 Page 8 Grote asked for and received confirmation the two existing sheds were used by the current property owner, though Barnhart could not say who built them. Farr stated he had wished to ask this as well. MOTION: Farr moved, seconded by Mette to close the public hearing. Motion carried 7-0. Mette stated the fact of the land use issues and encroachments did not have any legal repercussions she could find in her research. Hopefully the issue of the ownership of the sheds would be resolved in the future should a new owner arrive. The setback affected only to the deck, not the house itself. She supported the variance. MOTION: Kirk moved, seconded by Weber to recommend approval of the Approval for variance to permit the construction of an attached deck 0.1 feet from the rear property where a 25-foot setback is required as represented in the August 28, 2023 staff report. Motion carried 7-0. PLANNERS’ REPORT MEMBERS’ REPORTS VI. ADJOURNMENT MOTION: Weber moved, seconded by Taylor to adjourn. Motion carried 7-0. The meeting was adjourned at 9:48 p.m. From:Donna Sternberg To:Beth Novak-Krebs Subject:Pulte Homes 42 unit townhome development Date:Thursday, September 7, 2023 12:21:35 PM Dear Beth - I live at 17376 Frondell Ct, directly north of the proposed development. I read all of thematerials you prepared, and I want to thank you for being so thorough. The information on the City website was excellent. I am writing in support of the project. I am glad the units are only 2 stories high, and not themega apartments that appeared on Eden Prairie Road. I am also very encouraged that the traffic from the new units is routed to Dell Road and not out onto Pioneer Trail. I wassurprised that it passed with only a 3-2 vote, as I thought the project was well-planned and thoroughly documented. Again, I am writing in support of the project, and I hope the Mayor and City Council considermy input. Thank you for your work, Donna Sternberg 17376 Frondell Ct612-325-0619 From:Erik Doerr To:Beth Novak-Krebs Cc:Erik Doerr Subject:Pulte Homes Townhome Development Date:Tuesday, September 12, 2023 7:07:39 AM Good Morning Ms. Novak-Krebs, For the upcoming council meeting, I have written an email to the members of the council. Iam also requesting that this email be entered into the “Written Comments” section of themeeting packet. Esteemed members of the council, I’m writing today to ask for your consideration in the upcoming vote with respect to the Pulte Homes townhome development. I’m asking you to VOTE NO and to send the proposal back for reconsideration. The members of the neighboring community have voiced some legitimate concerns as you have likely seen during your review ofthe Planning Commission meeting on August 28th. I think the PlanningCommission Commissioner said it best when he voted no: It’s clear that this project is not in harmony with the community. I have had a lot of time to reflect on this matter. It’s clear to me that there are twoprimary issues here to consider. First, the density of the development is higher thanthe neighbors would prefer (and higher than the city allows without waiver). Second, the road connection is creating a lot of undue stress for those who travel or live on Valley Rd. The first issue leads to the second issue. While somewhat divided and not ideal, thecommunity does not seem to have a significant problem with the density provided the road at Valley Rd doesn’t connect. While city staff doesn’t seem to think this is a legitimate concern, I see the young kids playing in the roads and for that reason, I wholeheartedly disagree with their conclusion. It’s unfair to simply dismiss thisconcern by the existing homeowners. Particularly when it’s being done as a part of a development that does not even need the connection and using traffic figures that do not exist yet to determine a conclusion is not satisfactory. If the city requires this high density, the solution is easy, do not connect theroad at Valley. This is the perfect solution and it’s right in front of us. It seems as though the builder needs the density for the project to work financially and would also prefer not to connect the road to conserve costs.I don’t buy the fact that the project needs to maintain this excess density. The project would still work to reduce density and eliminate the road. Eliminating the road connection is the neighboring community’s preference. The city staff is pursuing the connection because it was part of the plan put forth many years ago. Though, other connections for Valley Road were not made when they were available making this connection much less valuable. It really seems to be an unnecessary connection at thispoint that would create undue stress for the current residents of theneighboring residents. Please consider the community’s request and VOTE NO and require the plan to go back to planning commission. Please VOTE NO. Sincerely, Erik Doerr 9227 Preston Pl Sent from my iPad From: To:Beth Novak-Krebs Subject:Opposition to Pulte Homes Project at Dell and Pioneer Trail Date:Sunday, August 27, 2023 9:22:11 PM I had planned to attend the public meeting on the Pulte Homes project at Dell Road and Pioneer Trail but have developed a conflict. I am sending you my email with my reasons foropposing the development and what I had intended to present at the meeting. I hope this will be communicated to the Planning Commission. Statement Opposing the Pulte Homes Development at the Corner of Dell Road and PioneerTrail My name is Jon Beusen. I live at 9397 Libby Lane in Heritage Townhomes to the southof the proposed development. The planned development is inappropriate for that site andshould not be approved. The city clearly set a pattern with the existing development in the area. The currentdevelopment pattern has single family homes to the east of the proposed development, less dense townhomes to the south and higher density townhomes across Dell Road. This provided gradual transitions from one type of housing to another and has worked well. Adding the proposed development will break up that pattern. It is also my observation that the housing density for the new development does notaccurately reflect the density of the buildings on the site. There is a portion of thedevelopment on the east side of the lot that will not have buildings. As a result, the perceived density of the units in the proposed development is going to be higher than the calculateddensity. Even this calculated density is higher than the guideline and Pulte is asking for anexception to this density limit. Because of the above, the proposed development would adversely affect the neighborhood,particularly the neighborhoods to the south and the east. It will adversely affect our quality oflife and property values. When this land parcel was for sale, I spoke with a friend who has experience in residentialconstruction and development. His comment was that the price of the land was too high to support any development other than higher density development. That is exactly what PulteHomes has proposed. We should not have to sacrifice our quality of life and property valuesbecause someone else overpaid for the land. For these reasons, I respectfully request that the proposed project be rejected. Jon Beusen 9397 Libby Lane Eden Prairie MN 55347 From:City of Eden Prairie To:Planning Subject:*NEW SUBMISSION* Contact Us: Planning and Zoning Date:Monday, August 28, 2023 11:46:56 AM Contact Us: Planning and Zoning Submission #:2663353 IP Address:159.136.10.25 Submission Date:08/28/2023 11:46 Survey Time:9 minutes, 39 seconds You have a new online form submission. Note: all answers displaying "*****" are marked as sensitive and must be viewed after your login. Please complete this form to provide comments or ask questions. Planning Division Eden Prairie City Center 8080 Mitchell Road 952-949-8485 Full Name Michael Dewberry Email Full Address 17026 Cedarcrest Eden Prairie, MN 55347 Phone Message Hello, I'm very disappointed to see the city staffs' recommendation to approve the Pulte townhome project at Dell and Pioneer. I ask the planning commision to deny the staff's request and bring back for reconsideration (1) reducing density, (2) asking developer to upgrade the project to a higher standard. The project renderings are very generic and unimpressive. Examples of more attractive townhomes would be adjacent Heritage Village or Paravel Apts as to higher end construction, more trees Would you like to be contacted regarding your comments? Yes How do you prefer we contact you? Email Thank you, City of Eden Prairie This is an automated message generated by Granicus. Please do not reply directly to this email. From:City of Eden Prairie To:Beth Novak-Krebs Subject: Date:Saturday, August 26, 2023 10:43:44 AM Message submitted from the <City of Eden Prairie> website. Site Visitor Name: Rick BeedleSite Visitor Email: Good morning Ms Novak-Krebs This is Rick and Laura Beedle and we live at 17135 Valley Road. We are writing in regards tothe Pulte Homes proposal on 17305 & 17325 Pioneer Trail. We attended one of the Pulte presentations and were disenchanted. 1) Too dense – too many townhouses jammed into a small of an area for multiple reasons. Example, the planned parking is insufficient for so many homes. 2) The type of development doesn’t seem to fit the areas around it. We certainly understand development at some point is inevitable, but would rather have less homes/buildings thatwould be more comparable to the neighborhood surrounding it – we would like to see a new neighborhood complement the surrounding area instead of the opposite 3) Valley Road expansion to go through from Cedar Forest to Dell-large concern. Certainly there is already traffic in the neighborhood to support Preston Place/Cedarcrest/ Valley . If thelarge Pulte complex is approved and Valley Road goes through there will be a significant increase in traffic in our neighborhood – including people just trying to get to Dell road. Ibelieve Google Maps/applications will recommend turning on Cedar Forest and cut over on Valley to avoid stop light on Pioneer/Dell – including all the delivery trucks that just may needto get to Dell road. Our neighborhood undoubtedly would see significant traffic increase that is extremely concerning to us. thereby reducing at least some of the concerns affected neighbors have. 4) Pulte Homes indicated they were NOT in favor of Valley road going through – but it wasthe city recommended it. Seems to me there should be additional planning to seriously review the adverse impact to many of us should that road through. We know this is a difficult decision for the city and we could go on with our concerns, but justwanted to make sure our voice was heard without long winded email. Thank you! Rick and Laura Beedle From:Planning To:Jeremy Barnhart; Beth Novak-Krebs Subject:FW: Pulte Concern - Walt Vanheest *NEW SUBMISSION* Contact Us: Planning and Zoning Date:Monday, August 28, 2023 7:57:08 AM Pulte Concern From: City of Eden Prairie <webmaster@edenprairie.org> Sent: Friday, August 25, 2023 3:12 PM To: Planning <planning@edenprairie.org> Subject: *NEW SUBMISSION* Contact Us: Planning and Zoning Contact Us: Planning and Zoning Submission #:2659794 IP Address:98.61.137.251 Submission Date:08/25/2023 3:12 Survey Time:9 minutes, 52 seconds You have a new online form submission. Note: all answers displaying "*****" are marked as sensitive and must be viewed after your login. Please complete this form to provide comments or ask questions. Planning Division Eden Prairie City Center 8080 Mitchell Road 952-949-8485 Full Name Walter Van Heest Email Full Address 9437 Libby Ln Eden Prairie, MN 55347 Phone Message In regard to the Pulte Homes proposal for 42 townhomes at Dell Rd and Pioneer Trail, we are concerned about the project density, the lack of green space and inadequate parking for visitors. The design appears to be most appropriate for families, but this makes open/park areas and parking even more of a need. Dell Rd has become busier and the additional traffic with such close proximity to Pioneer Trail will be an issue. Thank you for your consideration. Walt and Linda Van Heest Would you like to be contacted regarding your comments? No How do you prefer we contact you? Email Thank you, City of Eden Prairie This is an automated message generated by Granicus. Please do not reply directly to this email. Kinsley Neighborhood Eden Prairie City Council Eden Prairie, Minnesota September 19, 2023 1 Agenda 1 Pulte Introductions 2 Neighborhood Design 3 Pulte Townhomes 4 Summary, Schedule and Questions 3 Proposed housing – 2 story Townhomes -Pioneer and Dell. -Infill neighborhood Access off of Dell Road. Site Plan meets Comp Plan guidance of 5 to 14 units per acre. Maintaining existing vegetation to the extent possible. 2 Neighborhood Design Neighborhood Design 42 Townhomes 2 story homes Price range -Low $400k’s to Mid $500k’s HOA maintained Usable open space requirement met. 4 Wetland Delineation performed. -234 square feet or di minimis -Low quality Tree Preservation -542” caliper inches of trees need to be mitigated -285” caliper inches required by city’s landscaping requirements. -426” caliper inches included in proposed landscaping plans along with cash in lieu. Endangered and Threatened Species -The site lacks suitable habitat to support threatened species. -The site lacks any identified native plant communities. -We submitted an NHIS request to the DNR and no further study of the site is required. 5 Neighborhood Design – Environment 6 Sizable Buffers from existing homes to the east. 7 Sizable Buffers from existing townhomes to the east. 3 Pulte Townhomes 9 Interior - Versatile Townhome 1850 up to 2,400 square feet 2 car garage Spacious living areas 10 Interior - Versatile Townhome 11 Our Buyers First time home buyers Singles of all ages Young couples Young families Seniors 12 4. Summary, Schedule and Questions Meets Comp Plan guidance. Providing housing types that are needed. Thoughtful neighborhood design. Versatile and attractive homes/buildings. Next Steps Eden Prairie Planning Commission – August 28, 2023 Eden Prairie City Council September 19th and October 17th, 2023 Development starts Spring of 2024 if approved. Questions? 14 Snow Storage 15 Fire Truck Movement 16 Landscaping Plan 17 Landscaping Requirements 18 KINSLEY DEVELOPMENT 42 townhome units proposed Proposed Zoning: RM- 6.5 RM-6.5 zoning district allows density of 6.7 units per acre Density Proposed 6.8 units per acre ASPIRE COMPREHENSIVE PLAN – INFILL SITES 19 infill sites identified 8 have active development applications or approved development projects 2 have engaged in preliminary development discussions ASPIRE COMPREHENSIVE PLAN – LAND USE Guided for Medium Density Residential (MDR) with density range of 5 -14 units per acre City has 2 zoning districts that align with density range and allow attached housing: RM-6.5 (allows 6.7 u/a) and RM-2.5 (allows 17.4 u/a) Densities consistent with the Comp Plan that range above what is allowed in a zoning district may be approved through PUD when the project is consistent with other policies of the Comp Plan Aspire goals include providing a variety of housing types that provide lifecycle housing opportunities; varying affordability levels; and housing types that are under represented Aspire guides 7% (1244 acres) of properties in Eden Prairie for MDR. 12 acres of MDR guided property (less than 1%) is currently undeveloped From 1994 to 2004, 32 townhome projects approved (2305 units) Since 2007, only 1 townhouse project (10 units) has been approved Excluding projects that were exclusively twin home units, the density average was 6.12 units/acre 7 projects had densities exceeding 6.8 units/acre. These ranged from 7.5 to 17.7 units/acre EDEN PRAIRIE TOWNHOME PROJECT HISTORY & ADJACENT DEVELOPMENT Residential Units Permitted 2007 - Current Apartment Single Family Townhome RESIDENTIAL DEVELOPMENT BY TYPE City Code requires 6300 square of open space Plan depicts 6388 square feet of open space for programmed use Other open areas are available in the project area beyond the areas depicted in the exhibit KINSLEY DEVELOPMENT – OPEN SPACE KINSLEY DEVELOPMENT – VALLEY ROAD KINSLEY DEVELOPMENT - TRAFFIC Pioneer Trail Minor Arterial - Reliever Speed Limit 45 mph Volume 6,977 ADT (2021) Dell Road Major Collector Speed Limit 30 mph Volume 3,000 ADT (2020) Valley Road Local Road Speed Limit 30 mph Volume 500-250 ADT (est.) ASPIRE - TRANSPORTATION Current and past City Comp Plans list Valley Road as an anticipated connection. Connection will predominantly aid left turners at Braxton/Pioneer & Cedar Forrest/Pioneer North on Dell to TH 212 West to Carver County South to Flying Cloud Dr Valley Road connection does not change its designation. It remains a local road. HERITAGE DEVELOPMENT 2001 Heritage Subdivision noted future Valley Road extension in development documents. Valley Road offset from Heritage Development homes similar to Dell Road offset (approx. 45’) KINSLEY DEVELOPMENT - TRAFFIC Kinsley Traffic 283 vpd AM Peak = 17 vph 15 vph west / 2 vph east PM Peak = 21 vph 19 vph west / 2 vph east Nearby Neighborhood Traffic AM Peak = 19 vph PM Peak = 24 vph KINSLEY DEVELOPMENT - TRAFFIC Land Use Density (units/AC) Units Weekday ADT AM Peak PM Peak Pulte Proposed 6.8 42 283 17 21 Heritage Village 4.3 26 175 10 13 Pulte Single Family 3.5 21 200 16 21 •Multifamily weekday trip generation 6.744 trips /unit (0.40 AM & 0.51 PM) •Single Family (R1-95) weekday trip generation 9.52 trips / unit (0.75 AM & 1.0 PM) KINSLEY DEVELOPMENT - TRAFFIC Intersection Existing AM Peak LOS Existing AM Peak Delay (sec) Proposed AM Peak LOS Proposed AM Peak Delay (sec) Cedar Forrest & Pioneer B 11.2 B 10.4 Valley Road & Dell Road A 9.0 A 9.3 Dell Road & Pioneer Trail C 20.9 C 20.9 KINSLEY DEVELOPMENT - TRAFFIC Safe and efficient connection Traffic volumes are typical of residential streets Intersection delays are low and LOS is high Less traffic on Cedar Forrest but more traffic on Valley However, it is a change VALLEY ROAD – ALTERNATIVE 1 Dedicate all ROW and build Valley Road with sidewalk as proposed VALLEY ROAD – ALTERNATIVE 2 Dedicate all ROW and build Valley Road up to Private street Build sidewalk VALLEY ROAD – ALTERNATIVE 3 Dedicate all ROW and build only a private street Build sidewalk VALLEY ROAD – ALTERNATIVE 4 Do not dedicate any ROW and build only a private street Build sidewalk The Heritage Neighborhood Townhomes endorsed over neighbors’ objections By MARK WEBERAugust 29, 2023Updated:August 29, 20233 Mins Read A vacant, 6.13-acre parcel east of Dell Road and south of Pioneer Trail in southwestern Eden Prairie is proposed to be developed with townhomes and a street extension, prompting neighborhood opposition. Photo by Mark Weber All of the usual pain associated with infill development, and then some, was on display Monday, Aug. 28, at a public hearing for a 42-unit townhome development proposed southeast of the corner of Pioneer Trail and Dell Road. In the end, the Eden Prairie Planning Commission recommended over the objection of neighbors, on a 4-3 vote, that the city council approve the Kinsley townhome development by Pulte Homes, including a Valley Road extension that’s being urged by city staff. Neighborhood Perspective •Single-family homes built circa 2002-2004 •Cul-de-sac to the north and to the south •Dead-end to the west •Quiet streets •Quiet neighborhood •Easily accessible •More than adequately serviced by the City It’s been this way for over 20 years… Residents’ Voice •Residents Presented Concerns Regarding: •The high number of units proposed for the parcel (density) •The lack of transition/buffer to the adjacent homes and neighborhoods •The need to open Valley Road to Dell especially considering the increased number of homes proposed for the parcel •Residents Asked For: •A reduction in total units to provide relief from crowding of existing homes •Better transition to adjacent homes and neighborhoods •Stop the completion of Valley Road through to Dell West Park, Chanhassen •Corner of Hwy 212 and Great Plains Blvd •Island community onto itself, isolated from Single family homes by Waters Edge Road •Adjacent to Gateway Place Apartment building •“Urban Edge” West Park (actual photographs) The Density Concerns: •42 Townhomes after a 20-year expectation of only 20-24 townhomes •Staff report averaged ALL local townhome densities with disregard the highest (8-10 units/acre) are purposely positioned west of Dell and lowest (3-4.3) are East of Dell as a result of previous transitional planning activity. •Proposed density for this EAST of Dell parcel is not in keeping with previous transitional planning by the City in the area •Crowding of the Single-Family homes at the east mid-corner •Straight-line block-style positioning of homes •Clearing of existing green space and heritage trees eliminates buffer •Re-grading exasperates elevation compared to existing homes The Road Concerns: •The Heritage neighborhoods have matured over 20 years without the road. •Can’t be a Collector Road due to previous City approved development of cross-streets and cul-de-sacs •Provides no better EMS service since 3 of 4 Fire Stations are to the East and the West most is closest already. •Does not increase safety as data supplied by the City shows there are as many and more accidents at the controlled intersection at Dell-Pioneer than on Pioneer itself. •Creates a dangerous SHORTCUT through quiet neighborhoods, intersecting with a BUS STOP and using roads without SIDEWALKS Cedar Forest-Valley Road Intersection 20 years being a quiet neighborhood… Proposal’s Impact •Between homes, Private road, Valley Road connection and elevation all these features combine to NOTICABLY OVERWHELM the site and encroach on the Townhomes to the south and the Single-Family homes to the East. •Is the “Urban Edge” appropriate for our Suburban neighborhood •The combined density of the adjacent Heritage Single-Family homes and Townhomes is approximately 3.4 u/a vs. proposal’s 6.85 u/a (2X) •The most egregious encroachment can be seen at the more north Single-Family homes and places townhomes within 40 feet of the road. •The opening of Valley Road will DISRUPT the quiet nature of the existing neighborhoods to the east and south. It provides no value to residents or the City. THE DEVELOPER AND THE RESIDENTS ARE UNITED! Why must staff insist? •Heritage trees and vegetation will not be replaced (only 136 of 542 caliper inches) creating barrier and transition loss. •What can be done to limit ADVERSE IMPACTs for the sake of this proposal, espeically in it’s as-is state? Commission Comments: •“The density and the road are linked…”- Commissioner Chair Andrew Pieper. •“Part of our job is to listen to the community and react to it,” noting that neighbors had voiced “overwhelming dissatisfaction with the road.”- Commissioner John Kirk. •“…of course people like cul-de-sacs, they’re quiet (and) bring more value…” -Commissioner Ed Farr •“…I’m leaning toward the residents…but I don’t (want to) vote against staff recommendation…” –Commissioner Carole Mette WAIT! This plan is not ready for prime time! •Neither issue of density or the road was truly resolved… •Remove/Retain the Road dominated the Commissioners’ discussion •No discussion or individual vote regarding the building code waivers requested/needed including: •Maximum Gross Density •Minimum Lot Size •Minimum Lot Depth •Minimum Setback (along Valley Road) •At the meeting Commissioner Farr stated he was against approval of the minimum set-back waiver…, prompting the straight up/down vote •The Commissioners admittedly punted to you! Residents’ Ask… •Send this Proposal Back to Planning with Guidance… •Reduce the overall unit density to be more consistent with the original expectation of this parcel and in keeping with adjacent properties •Adjacent property density for Single Family homes and Townhomes is 2.5 and 4.3 respectively (3.4 average). Proposal is 6.85, but requires multiple waivers to achieve. Medium Density Zoning allows 5-14 units/acre. If we lean to the minimum 5 units/acre there is closer consistency with adjacent properties while still increasing density. •Remove the extension of Valley Road from this development, permanently. •It has been shown by both the developer and residents that the extension of Valley Road is unnecessary. It doesn’t provide a collector road, reduce EMS response or increase safety. Instead, it disrupts mature established neighborhoods and creates a shortcut safety risk. It is unjustified and unwanted. •Fix the most egregious encroachments. •The townhomes (units 1-4) to the south forcing the road south •The single-family homes (units 27-30) towering over homes to the east. •By focusing on those areas for reduction and removing Valley Road entirely, the developer can redesign to a more “suburban look” with wider unit placement (use more 4 block units) and greenspace benefiting current, and new, residents. Comprehensive Plan Objective 2a… Comprehensive Plan Strategy: Prioritize infill residential development through outreach to surrounding single family residential neighborhoods and through development incentives such as alternative parking, tax incentives, as appropriate… (Aspire Eden Prairie 2040 pp. 68). Residents’ ask is in keeping with the Comprehensive plan. We offer a path forward to achieve win-win-win. •To meet Residents’ needs: Reduce the density closer to the 5 unit/acre minimum to better meet expectations of the existing neighborhoods •To meet Developer needs: Eliminate the road and use that value to create the development incentive for the reduction of the total units on the property. •To meet City needs: Even the minimum density of 5 units/acre is still greater than either the 2.5 or 4.3 unit/acre of the adjacent neighborhoods. It only makes sense there is a compromise somewhere between 5 and 6.85 units/acre. Residents’ Voice… •Raised our concerns at the Developer meeting. •Individual correspondence with Planning regarding concerns of density and the impact of opening Valley Road •67 signatures on a petition against opening Valley Road from residents in the Heritage and Cedar Forest neighborhoods •52 signatures on a petition against opening Valley Road from residents in the Heritage Village Townhomes neighborhood •Approximately 50 residents attended the Planning Commission meeting to voice their opposition •And again, those residents and more are here tonight OBJECTIONS TO PULTE HOMES PIONEER TRAIL PROJECT Heidi Larson 1. CANTERBURY CROSSING - 1130 FARRIER ROAD, SHAKOPEE BUILT ACROSS FROM CANTERBURY DOWNS. SURROUNDED ON 3 SIDES BY THE RACETRACK, COMMERCIAL USES, INDUSTRIAL, APARTMENTS, AND REMNANT FARMS. SINGLE-FAMILY HOMES LOCATED ACROSS A 4-LANE STREET.BUILT ON A FORMER VACANT LOT - NO WOODS WERE DESTROYED. VERY CLOSE TO HIGHWAY 169. 2 2. WINDROSE - 7218 WALNUT GROVE,MAPLE GROVE LOCATED AT BUSY INTERSECTION OF HIGHWAY 101 & BASS LAKE ROAD.ADJACENT TO THE LIGHT INDUSTRIAL/OUTDOOR STORAGE BUSINESS HANSON IMPLEMENT AND STORAGE.THERE IS A HY-VEE NEARBY AND A CHILDCARE PLUS THE LARGE, 4-STORY HAVENWOOD RETIREMENT CENTER ACROSS THE STREET. NO ABUTTING SINGLE FAMILY HOMES; NO TREES ON THIS SITE. 3 3. WEST PARK - 733 WILDFLOWER LANE, CHANHASSEN ADJACENT TO VERY BUSY GREAT PLAINS BLVD/HIGHWAY 212 INTERCHANGE.IMMEDIATELY ADJACENT TO GATEWAY PLACE HIGH-DENSITY APARTMENT COMPLEX AND HIGHWAY 212.ACROSS THE STREET IS RILEY CROSSING SENIOR LIVING DEVELOPMENT. SINGLE-FAMILY HOMES ARE SEPARATED FROM THE DEVELOPMENT BY WATERS EDGE DRIVE.NO WOODS OR SIGNIFICANT TREES. 4 4. ASTER MILL - 22149 HARVEST AVENUE, ROGERS PART OF LARGER PULTE DEVELOPMENT WITH VARIETY OF HOME TYPES. ADJACENT TO 129TH AVENUE (BUSY 4 LANE ROAD). ABUTS AUTUMN TRAILS SUBSIDIZED LOW-RENT SENIOR HOUSING PROJECT, AS WELL AS MEADOW TRAIL SUBSIDIZED LOW RENT APARTMENT COMPLEX. SOME HIGHER DENSITY TOWNHOMES TO THE NORTH.NO WOODS OR TREES ON THIS SITE - PROPERTY WAS FORMER FARM FIELD.SIGNIFICANT COMMERCIAL AND INDUSTRIAL DEVELOPMENT TO THE EAST. 5 5. PEMBERLY - 5109 94TH LN N., BROOKLYN PARK ADJACENT TO THE 610 FREEWAY.IMMEDIATELY TO THE WEST ARE URBANA COURT, A 207- APARTMENT COMPLEX.ANOTHER HIGH-DENSITY RESIDENTIAL DEVELOPMENT IS LOCATED TO THE EAST, AND HIGHWAY 610 IS TO THE NORTH.PRAIRIE CARE HOSPITAL IS TO THE WEST. SINGLE-FAMILY HOMES ARE LOCATED TO THE SOUTH; SEPARATED BY 93RD AVENUE, MAJOR 4 LANE EAST/WEST THOROUGHFARE.NO WOODS IN THE AREA. 6 6. PULTE HOMES PIONEER TRAIL, EDEN PRAIRIE PROPOSED SITE IS THE CORNER OF PIONEER TRAIL AND DELL ROAD.IMMEDIATELY TO THE EAST ARE SINGLE FAMILY HOMES, WITH PLANNED BUFFER OF 90-120 FEET. IMMEDIATELY TO THE SOUTH ARE HERITAGE VILLAGE TOWNHOMES, WITH PLANNED BUFFER OF 34 FEET FROM THE NEW VALLEY ROAD AND THE BACK OF THE TOWNHOMES. SIGNIFICANT MATURE TREES WILL BE REMOVED AND NOT REPLACED. 7 WAIVERS REQUIRED 1.Maximum Gross Density 2.Minimum Lot Size 3.Minimum Lot Depth 4.Frontage on a Public Street 5.Minimum Setback (along Valley Road) 6.Tree Replacement – Pulte plans to pay fine POTENTIAL COMPROMISE 1.Cut back on units to get more green space, more parking, and to fit better onto this lot 2.Remove Valley Road extension and push it North to give more buffer between Valley Road (private) and the Heritage Village Townhomes 3.Require the builder to replace more trees 4.Require the builder to add a high quality, substantial fence that extends the length of the Heritage Village lot line, as well as landscaping between the two developments CITY COUNCIL AGENDA SECTION: Payment of Claims DATE: Sept. 19, 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 303117 - 303440 Wire Transfers 1034272 - 1034365 Wire Transfers 9821 - 9852 Purchasing Card 9821 City of Eden Prairie Council Check Summary 9/19/2023 Division Amount Division Amount 000 General 0 304 Senior Board 139 100 City Manager 5,660 308 E-911 502 101 Legislative 870 315 Economic Development 742 110 City Clerk 409 502 Park Acquisition and Development 8,723 111 Customer Service 3,722 509 CIP Fund 87,800 112 Human Resources 645 512 CIP Trails 649 113 Communications 13,505 513 CIP Pavement Management 4,684 114 Benefits & Training 1,168 522 Improvement Projects 2006 639,814 130 Assessing 2,428 804 100 Year History 3 131 Finance 595 Total Capital Projects Fund 743,056 132 Housing and Community Services 369 133 Planning 271 601 Prairie Village Liquor 90,815 136 Public Safety Communications 8,726 602 Den Road Liquor 192,182 137 Economic Development 10 603 Prairie View Liquor 107,646 138 Community Development Admin.477 605 Den Road Building 184 151 Park Maintenance 17,855 701 Water Enterprise Fund 650,567 153 Organized Athletics 1,035 702 Wastewater Enterprise Fund 383,296 154 Community Center 26,625 703 Stormwater Enterprise Fund 11,141 155 Beaches 406 Total Enterprise Fund 1,435,830 156 Youth Programs 36,761 157 Special Events 78 802 494 Commuter Services 8,915 158 Senior Center 2,945 807 Benefits Fund 949,164 159 Recreation Administration 3,167 810 Workers Comp Insurance 281 160 Therapeutic Recreation 804 811 Property Insurance 2,833 162 Arts 4,189 812 Fleet Internal Service 123,548 163 Outdoor Center 944 813 IT Internal Service 93,517 168 Arts Center 1,712 814 Facilities Capital ISF 13,721 180 Police Sworn 21,133 815 Facilites Operating ISF 26,576 184 Fire 24,040 816 Facilites City Center ISF 76,703 186 Inspections 5,446 817 Facilites Comm. Center ISF 39,928 200 Engineering 3,293 818 Dental Insurance 14,307 201 Street Maintenance 16,676 Total Internal Svc/Agency Funds 1,349,493 202 Street Lighting 78,477 Total General Fund 284,438 Report Total 3,813,597 301 CDBG 30 303 Cemetary Operation 243 312 Recycle Rebate 507 Total Special Revenue Fund 780 City of Eden PrairieCouncil Check Register by GL 9/19/2023 Check #Amount Supplier / Explanation Account Description Business Unit Comments1034305610,795 GMH ASPHALT CORPORATION Improvement Contracts Improvement Projects 2006 Pioneer Trail Reconstruction 303401 393,920 METERING & TECHNOLOGY SOLUTIONS Capital Under $25,000 Water Enterprise Fund Water Meter Change out 303402 371,569 METROPOLITAN COUNCIL MCES User Fee Wasterwater Collection Wastewater Svc Fee Oct 2023 9834 313,559 HEALTHPARTNERS Accounts Receivable Health and Benefits Sept 2023 Premiums 9831 312,819 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR Ending 08.25.23 9829 218,427 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 08.11.23 1034310 77,196 LOGIS Dues & Subscriptions IT Capital 1034321 76,794 XCEL ENERGY Electric Various Funds 1034365 66,005 ZIEGLER INC Asphalt Overlay Fleet - Public Works 9821 61,604 USB-PURCHASING CARD Various Various Funds 303246 57,429 HARTMAN COMPANIES INC Other Contracted Services Capital Maint. & Reinvestment 303395 41,340 JOHNSON CONTROLS FIRE PROTECTION Capital Under $25,000 City Center - CAM 303292 34,504 VALLEY RICH CO INC Equipment Repair & Maint Water Distribution 9833 33,870 EMPOWER Deferred Compensation Health and Benefits 303243 33,138 GRAYMONT Treatment Chemicals Water Treatment 1034299 31,581 ADVANCED ENGINEERING & ENVIRONMENTAL SE Improvement Contracts Wastewater Capital 1034307 31,473 HANSEN THORP PELLINEN OLSON Design & Engineering Improvement Projects 2006 303291 30,359 VALLEY PAVING INC Improvement Contracts Capital Maint. & Reinvestment 303320 28,462 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store 303270 27,727 NORTHDALE CONSTRUCTION CO INC Improvement Contracts Water Enterprise Fund 1034350 27,686 DIVERSE BUILDING MAINTENANCE Janitor Service Various Funds 303388 26,190 GRAYMONT Treatment Chemicals Water Treatment 303261 25,513 MANSFIELD OIL COMPANY Motor Fuels General Community Center 303362 22,641 ABM ONSITE SERVICES-MIDWEST Janitor Service City Center - CAM 9838 22,616 NCR PAYMENT SOLUTIONS,PA, LLC Bank and Service Charges Prairie View Liquor Store 1034308 22,154 HAWKINS INC Treatment Chemicals Water Treatment 303147 21,782 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 303328 18,838 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 9832 17,582 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 1034347 17,555 BOYER TRUCKS Equipment Repair & Maint Fleet Operating 303167 15,921 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 9845 15,894 WEX HSA - Employee Health and Benefits 303139 15,323 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store 303321 14,943 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 1034354 13,920 HAWKINS INC Treatment Chemicals Water Treatment 303300 13,907 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 303338 13,778 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 303272 13,721 PALADIN TECHNOLOGIES Other Contracted Services Facilities Capital 303346 13,539 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store 9840 13,050 CARD CONNECT Bank and Service Charges Community Center Admin 303353 12,234 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 303159 11,153 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store 303263 11,076 METERING & TECHNOLOGY SOLUTIONS Capital Under $25,000 Water Enterprise Fund 303306 10,631 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 303368 10,206 BADGER METER Telephone Water Metering 303266 10,177 MINNESOTA LIFE INSURANCE COMPANY Life Insurance EE/ER Health and Benefits 303383 10,005 FACILITIES MANAGEMENT EXPRESS LLC Software Maintenance IT Operating 303128 9,054 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 9835 8,755 BPAS HRA Health and Benefits Check #Amount Supplier / Explanation Account Description Business Unit Comments3032498,723 ISG Other Contracted Services Park Acquisiton and Development 303411 8,665 PALADIN TECHNOLOGIES Equipment Repair & Maint Public Safety Communications 9841 8,505 CHASE Bank and Service Charges Various Funds 1034359 8,342 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical General Community Center 1034318 7,977 STREICHERS Protective Clothing Volunteers 303121 7,907 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 303264 7,865 MINNESOTA / WISCONSIN PLAYGROUND Operating Supplies Park Maintenance 303359 7,504 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 303425 7,331 SOUTHERN ALUMINUM MANUFACTURING ACQUISIT Capital Under $25,000 FF&E - Furn, Fixtures & Equip. 9847 7,134 HEALTHPARTNERS Dental Insurance Dental Insurance 303334 7,091 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 303370 6,561 BECKER ARENA PRODUCTS INC Capital Under $25,000 Ice Arena Maintenance 303417 6,500 RIGHTLINE DESIGN LLC Other Contracted Services Communications 303314 6,417 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 303373 6,372 BOUND TREE MEDICAL LLC EMS Supplies Fire 303415 6,368 REVOLUTIONARY SPORTS, LLC Instructor Service Preschool Events 1034332 6,365 AMERICAN ENGINEERING TESTING INC Improvement Contracts Improvement Projects 2006 303398 6,120 LYNCH CAMPS INC Instructor Service Camps 1034358 6,062 POMP'S TIRE SERVICE INC Tires Fleet Operating 303150 5,924 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 303259 5,833 LYNCH CAMPS INC Instructor Service Camps 303434 5,483 VAN PAPER COMPANY Cleaning Supplies City Hall (City Cost) 1034288 5,480 CLAREY'S SAFETY EQUIPMENT Equipment Testing/Cert.Fire 303347 5,309 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 9828 5,273 HEALTHPARTNERS Dental Insurance Dental Insurance 303275 5,243 POSTMASTER Postage Communications 1034300 5,237 CENTERPOINT ENERGY Gas City Center - CAM 303432 5,000 THE PRESERVE ASSOCIATION Rebates Stormwater Non-Capital 303423 4,950 SNAPOLOGY OF MINNEAPOLIS Instructor Service Camps 1034286 4,684 BRAUN INTERTEC CORPORATION Testing CIP Pavement Management 303220 4,600 CASTRO CLEANING LLC Janitor Service Utility Operations - General 303149 4,550 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 303260 4,501 MADISON NATIONAL LIFE INSURANCE CO INC Disability Ins Employers Health and Benefits 303418 4,437 RIVERS EDGE CONCRETE Asphalt Overlay Street Maintenance 303326 4,426 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 303252 4,320 LAW ENFORCEMENT LABOR SERVICES INC.Union Dues Withheld Health and Benefits 303399 4,251 MARTIN MARIETTA MATERIALS Asphalt Overlay Water Distribution 303257 4,250 LESTERS WATER WORKS Deposits Water Enterprise Fund 1034301 4,185 DAKOTA SUPPLY GROUP INC Repair & Maint. Supplies Water Metering 303141 4,115 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store 303258 4,000 LOCAL 49 TRAINING CENTER Conference/Training Utility Operations - General 303317 3,961 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 303371 3,949 BITUMINOUS ROADWAYS INC Fire Hydrant Permits Water Enterprise Fund 303262 3,800 MESSERLI & KRAMER Messerli & Kramer 494 Corridor Commission 303405 3,775 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Various Funds 303322 3,762 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store 303140 3,725 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 303310 3,691 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 303132 3,690 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 303240 3,689 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Equipment Parts Fleet Operating 303375 3,678 BRYAN ROCK PRODUCTS INC Gravel Capital Maint. & Reinvestment 303280 3,600 SNAPOLOGY OF MINNEAPOLIS Instructor Service Camps 303170 3,508 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments3033563,329 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 303286 3,250 THE JAMAR COMPANY Contract Svcs - Roof City Center - CAM 1034312 3,160 METRO SALES INCORPORATED*Equipment Rentals IT Operating 1034337 3,126 KRISS PREMIUM PRODUCTS INC Supplies - HVAC Ice Arena Maintenance 303302 3,075 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 303440 3,000 PITNEY BOWES BANK INC RESERVE ACCOUNT Postage Customer Service 1034317 3,000 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Supply (Wells) 303348 2,999 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store 303152 2,928 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 303254 2,833 LEAGUE MN CITIES INS TRUST Insurance Property Insurance 303301 2,818 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 303169 2,722 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 9850 2,625 WEX FSA - Medical Health and Benefits 303161 2,581 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store 303221 2,508 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Stormwater Collection 9846 2,500 WEX HSA - Employer Health and Benefits 303372 2,392 BOLTON & MENK INC Design & Engineering Water Capital 303365 2,335 AMERICAN TEST CENTER INC Equipment Testing/Cert.Fire 303136 2,328 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 303222 2,145 CENTURYLINK Telephone City Center - CAM 303134 2,122 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 303297 2,117 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 303397 2,071 LUBE-TECH ESI Lubricants & Additives Fleet Operating 303285 2,042 THE ADVENT GROUP Temp 494 Corridor Commission 303431 2,029 THE ADVENT GROUP Temp 494 Corridor Commission 303277 1,977 RETROFIT COMPANIES, INC, THE Contract Svcs - Electrical City Center - CAM 303248 1,925 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits 303284 1,879 TACTICAL SOLUTIONS INC Equipment Repair & Maint Police Sworn 303231 1,868 CORE & MAIN Repair & Maint. Supplies Stormwater Collection 1034319 1,813 TWIN CITY SEED CO Landscape Materials/Supp Street Maintenance 303241 1,811 FENDLER PATTERSON Fire Hydrant Permits Water Enterprise Fund 303218 1,790 BOUND TREE MEDICAL LLC EMS Supplies Fire 303433 1,760 TMS JOHNSON Supplies - HVAC Maintenance Facility 1034348 1,692 CENTERPOINT ENERGY Gas Various Funds 9852 1,690 INVOICE CLOUD INC Bank and Service Charges Various Funds 303351 1,686 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 303131 1,672 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 303382 1,642 EAGLE BUILDING COMPANY Fire Hydrant Permits Water Enterprise Fund 303145 1,635 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 303155 1,628 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 303386 1,617 FLYING CLOUD TRANSFER STATION 4553 Waste Disposal Park Maintenance 9827 1,568 FIDELITY SECURITY LIFE INSURANCE CO Vision Plan Health and Benefits 303278 1,542 RIVERS EDGE CONCRETE Asphalt Overlay Street Maintenance 303244 1,538 GREAT LAKES COCA-COLA DISTRIBUTION Merchandise for Resale Concessions 303127 1,453 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 303340 1,428 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 303344 1,401 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 303304 1,391 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 303160 1,374 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 1034344 1,355 THOMPSON JONATHAN Travel Expense Assessing 303253 1,333 LAWSON PRODUCTS INC Repair & Maint. Supplies Fleet Operating 1034295 1,330 PARKER, WARD Travel Expense Fire 303130 1,296 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments3032511,294 KOMPAN INC Repair & Maint. Supplies Miller Park 1034276 1,292 VINOCOPIA Liquor Product Received Den Road Liquor Store 303250 1,257 I-STATE TRUCK CENTER Equipment Repair & Maint Fleet Operating 303390 1,249 GYM WORKS Training Supplies Police Sworn 1034327 1,233 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 1034273 1,173 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 303420 1,131 SCOTT COUNTY Licenses, Taxes, Fees Fleet Operating 303122 1,109 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 1034281 1,094 VINOCOPIA Liquor Product Received Prairie View Liquor Store 303211 1,082 APPLE FORD SHAKOPEE Equipment Repair & Maint Fleet Operating 1034277 1,079 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 1034360 1,042 STREICHERS Clothing & Uniforms Police Sworn 1034331 1,014 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 303293 1,012 W S DARLEY & CO Small Tools Fire 303274 1,010 PETERSON COUNSELING AND CONSULTING Health & Fitness Fire 303162 1,001 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store 303164 999 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 303325 980 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store 9842 977 AMERICAN EXPRESS Bank and Service Charges Various Funds 303324 968 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 303406 956 NATIONAL MARTIAL ARTS ASSOCIATION, INC Instructor Service Lesson Skills Development 1034304 922 FILTRATION SYSTEMS Supplies - HVAC City Center - CAM 303142 907 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 303245 900 HARD DAY'S NIGHT Other Contracted Services Staring Lake Concert 303172 896 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 303283 881 SYSCO WESTERN MINNESOTA Merchandise for Resale Police Sworn 1034357 880 METROPOLITAN MECHANICAL CONTRACTORS Contract Svcs - HVAC General Community Center 303439 873 METROPOLITAN AIRPORTS COMMISSION Deposits General Fund 1034274 872 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store 303117 869 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 303210 857 AIRGAS USA LLC Supplies - Pool Pool Maintenance 303332 856 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store 303225 852 CINTAS CORPORATION Safety Supplies Community Center Admin 303429 844 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 9830 825 ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits 303271 814 NOW MICRO INC Computers - Monitors Engineering 1034279 786 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store 303358 766 SMALL LOT MN Liquor Product Received Prairie View Liquor Store 1034323 758 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 1034282 756 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store 303350 741 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Prairie View Liquor Store 1034311 730 MENARDS Operating Supplies Stormwater Collection 303407 700 NATIVE RESOURCE PRESERVATION Contract Svcs - Lawn Maint.Fire Station #3 303438 700 LINDAHL DAVID Other Contracted Services Staring Lake Concert 303435 695 WAYNES HOME SERVICES Contract Svcs - General Bldg Dunn Brothers 303256 688 LEGACY SORBENTS & SUPPLY COMPANY Operating Supplies Fire 303123 681 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 303158 676 BLUE CLOUD DISTRIBUTION OF MINNESOTA INC Liquor Product Received Prairie View Liquor Store 303208 673 A WHALE OF A TREAT Miscellaneous Internal Events 1034297 658 ROTO-ROOTER Janitor Service Den Road Liquor Store 303148 642 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store 303364 638 ADAM BETTCHER PHOTOGRAPHY Other Contracted Services Police Sworn 1034316 635 SPS COMPANIES Repair & Maint. Supplies Park Maintenance Check #Amount Supplier / Explanation Account Description Business Unit Comments303235633EARL F ANDERSEN INC Signs Park Maintenance 303219 625 BUCKNER JESSE Other Contracted Services Staring Lake Concert 303333 625 PEQUOD DISTRIBUTION Liquor Product Received Den Road Liquor Store 1034341 623 R & R SPECIALTIES OF WISCONSIN INC Contract Svcs - Ice Rink Ice Arena Maintenance 303143 610 DANGEROUS MAN BREWING CO LLC Liquor Product Received Den Road Liquor Store 303396 607 LANO EQUIPMENT INC Equipment Parts Fleet Operating 303330 604 MEGA BEER Liquor Product Received Den Road Liquor Store 1034284 582 BERRY COFFEE COMPANY Merchandise for Resale Concessions 303323 576 CARLOS CREEK WINERY Liquor Product Received Den Road Liquor Store 303331 568 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store 1034330 546 VINOCOPIA Liquor Product Received Prairie View Liquor Store 9839 542 US BANK - CREDIT CARD MERCHANT ONLY Bank and Service Charges Various Funds 303309 541 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store 303247 540 INNOVATIVE GRAPHICS Clothing & Uniforms Police Sworn 1034343 534 THE OASIS GROUP Employee Assistance Organizational Services 303427 534 STANTEC CONSULTING SERVICES INC Other Contracted Services Stormwater Non-Capital 303355 531 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store 303337 525 SMALL LOT MN Liquor Product Received Den Road Liquor Store 303413 515 PETERSON COUNSELING AND CONSULTING Other Contracted Services Police Sworn 1034292 509 GREATAMERICA FINANCIAL SVCS Postage Customer Service 1034345 501 URBINA, JAIME Mileage & Parking Den Road Liquor Store 303327 498 INSIGHT BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 303315 496 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 303124 495 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store 303424 485 SOLUTION BUILDERS Computers 494 Corridor Commission 303267 482 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Traffic Signals 303144 477 DOMACE VINO Liquor Product Received Den Road Liquor Store 303430 475 TEDDY BEAR BAND Other Contracted Services Staring Lake Concert 303233 472 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 303296 460 56 BREWING LLC Liquor Product Received Prairie Village Liquor Store 303394 454 JOHN HENRY FOSTER MINNESOTA INC Maintenance Contracts Water Treatment 303335 453 PRYES BREWING COMPANY Liquor Product Received Den Road Liquor Store 1034353 449 GRAINGER Repair & Maint. Supplies Park Maintenance 303389 444 GREAT LAKES COCA-COLA DISTRIBUTION Merchandise for Resale Concessions 303212 443 ARAMARK Janitor Service Prairie Village Liquor Store 303308 430 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 1034351 427 DREW'S CONCESSIONS LLC Merchandise for Resale Concessions 303299 426 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store 303319 426 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store 303345 426 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store 303339 425 SUMMER LAKES BEVERAGE LLC Liquor Product Received Den Road Liquor Store 303341 425 WINEBOW Liquor Product Received Den Road Liquor Store 303436 420 WIESE USA Contract Svcs - Fire/Life/Safe City Center - CAM 303311 420 PRYES BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 1034313 418 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 303303 410 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store 303213 408 ASPEN MILLS Clothing & Uniforms Volunteers 1034306 403 GRAINGER Supplies - Pool Facilities Staff 303294 402 WATSON BECKY Accounts Receivable TIF-Eden Shores Senior Housing 1034294 396 METROPOLITAN FORD Equipment Parts Fleet Operating 1034326 396 VINOCOPIA Liquor Product Received Den Road Liquor Store 303376 387 CENTURYLINK Internet Various Funds 303360 376 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments303153370WINEBOWLiquor Product Received Den Road Liquor Store 303120 366 BLUE CLOUD DISTRIBUTION OF MINNESOTA INC Liquor Product Received Prairie Village Liquor Store 1034275 364 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store 303125 353 DANGEROUS MAN BREWING CO LLC Liquor Product Received Prairie Village Liquor Store 1034361 347 TWIN CITY SEED CO Landscape Materials/Supp Park Maintenance 303135 340 WINEBOW Liquor Product Received Prairie Village Liquor Store 303276 340 PROP - PR Charitable Contributions Health and Benefits 303215 339 BAKER ANDREW Accounts Receivable TIF-Eden Shores Senior Housing 303367 339 ASPEN MILLS Clothing & Uniforms Fire 303168 333 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store 1034364 332 XCEL ENERGY Electric Traffic Signals 303214 331 AVOLVE SOFTWARE Software IT Operating 303403 330 MHSRC/DDP Other Contracted Services Senior Center Programs 303154 329 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 303404 325 MINNESOTA STATE FIRE CHIEFS ASSN Conference/Training Fire 1034303 324 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits 303426 319 ST CROIX LINEN LLC Operating Supplies-Linens Fire 1034342 319 SITEONE LANDSCAPE SUPPLY, LLC Landscape Materials/Supp Park Maintenance 303354 315 MEGA BEER Liquor Product Received Prairie View Liquor Store 303232 311 DAVIS AARON Travel Expense Fire 303119 306 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store 303138 306 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store 303392 302 HOME DEPOT CREDIT SERVICES Supplies - Electrical Police (City Cost) 303414 300 PETTY CASH Petty Cash & Change Funds General Fund 303146 300 INSIGHT BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 1034355 298 HORIZON COMMERCIAL POOL SUPPLY Supplies - Pool Pool Maintenance 1034290 297 ELLIS, ROBERT Travel Expense Engineering 303385 295 FIELD TRAINING SOLUTIONS Tuition Reimbursement/School Police Sworn 303195 286 SARAFA JOHN AR Utility Water Enterprise Fund 303437 284 HENNEPIN COUNTY TREASURER Waste Disposal Park Maintenance 1034283 284 ABRAMOVICH GENNADIY Clothing & Uniforms Police Sworn 303255 281 LEAGUE MN CITIES INS TRUST WC Workers Comp Insurance Workers Comp Insurance 303352 280 INSIGHT BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 303268 275 MINT CONDITION DETAILING INC Equipment Repair & Maint Fleet Operating 303307 273 MEGA BEER Liquor Product Received Prairie Village Liquor Store 1034298 271 TOLL GAS AND WELDING SUPPLY Repair & Maint. Supplies Utility Operations - General 303181 265 HUFFER RUSSELL AR Utility Water Enterprise Fund 303409 264 OFFICE OF MN IT SERVICES Other Contracted Services Police Sworn 303361 263 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 303313 260 SMALL LOT MN Liquor Product Received Prairie Village Liquor Store 303419 253 SAFETY SIGNS Signs Traffic Signs 1034356 239 MENARDS Repair & Maint. Supplies Fitness/Conference - Cmty Ctr 303316 233 56 BREWING LLC Liquor Product Received Den Road Liquor Store 303393 230 INDIGO SIGNWORKS, INC.Operating Supplies Arts in the Park 1034280 230 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store 303349 227 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store 1034339 227 OLDEFENDT ALEX Travel Expense Assessing 9848 225 WEX FSA - Medical Health and Benefits 303157 225 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store 303165 224 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store 303369 223 BATTERIES PLUS BULBS Repair & Maint. Supplies General Community Center 1034322 221 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store 303209 220 AFLAC WORLDWIDE HEADQUARTERS Wages and Benefits 494 Corridor Commission Check #Amount Supplier / Explanation Account Description Business Unit Comments1034296218QUALITY PROPANE Motor Fuels Ice Arena Maintenance 1034352 216 ECM PUBLISHERS INC Legal Notices Publishing City Clerk 303230 215 COMCAST Phone/Data/Web 494 Corridor Commission 303129 214 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 303151 207 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store 303357 204 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie View Liquor Store 303166 200 INSIGHT BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 303305 200 INSIGHT BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 1034340 199 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 303379 195 CROWN MARKING INC Licenses, Taxes, Fees Police Sworn 303242 190 FIRE SAFETY USA INC Operating Supplies Fire 1034338 188 METROPOLITAN FORD Equipment Parts Fleet Operating 1034293 188 HACH COMPANY Laboratory Chemicals Water Treatment 1034334 183 CONCRETE CUTTING AND CORING Operating Supplies Street Maintenance 303223 180 CENTURYLINK Internet IT Operating 303298 178 BARREL THEORY BEER COMPANY Liquor Product Received Prairie Village Liquor Store 303318 178 BARREL THEORY BEER COMPANY Liquor Product Received Den Road Liquor Store 303185 176 LENTZ, LAURA AR Utility Water Enterprise Fund 303133 175 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store 303289 175 TWIN CITY MONUMENT CO Other Contracted Services Pleasant Hill Cemetery 1034315 175 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical City Hall (City Cost) 303343 174 56 BREWING LLC Liquor Product Received Prairie View Liquor Store 303216 173 BATTERIES PLUS BULBS Operating Supplies Wastewater Lift Station 9825 170 WEX FSA - Dependent Care Health and Benefits 303290 166 UNIVERSAL ATHLETIC SERVICES INC Operating Supplies Park Maintenance 303336 165 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store 1034285 160 BIGGAR, JERRAD AR Utility Water Enterprise Fund 303126 160 ELM CREEK BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 9837 158 WEX FSA - Medical Health and Benefits 303282 153 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 303273 150 PERSKY LEAH P&R Refunds Community Center Admin 303342 150 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 303366 149 ARAMARK Janitor Service Den Road Liquor Store 303200 148 SULLIVAN RIAN AR Utility Water Enterprise Fund 1034272 144 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store 1034278 139 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store 303312 135 SAINT CROIX VINEYARDS, INC.Liquor Product Received Prairie Village Liquor Store 303180 135 GOLENZER MARK AR Utility Water Enterprise Fund 303204 134 VLASAK COREY AR Utility Water Enterprise Fund 303171 130 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store 303288 130 TRUTHE, ADRIANNE P&R Refunds Community Center Admin 303163 126 HEADFLYER BREWING Liquor Product Received Prairie View Liquor Store 1034329 126 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store 303329 125 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store 303187 121 LIU ANDREW AR Utility Water Enterprise Fund 1034324 120 PARLEY LAKE WINERY Liquor Product Received Prairie Village Liquor Store 1034328 120 PARLEY LAKE WINERY Liquor Product Received Den Road Liquor Store 303234 116 DROEN HEATHER Tuition Reimbursement/School Fitness Classes 9844 104 WEX FSA - Medical Health and Benefits 303287 104 T-MOBILE Cell Phones 494 Corridor Commission 1034309 103 HORIZON COMMERCIAL POOL SUPPLY Chemicals Round Lake 1034325 103 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store 1034346 102 YERKS MEGAN Mileage & Parking Housing and Community Service Check #Amount Supplier / Explanation Account Description Business Unit Comments1034349101CITI-CARGO & STORAGE CO, INC Other Rentals Summer Theatre 9822 100 WEX FSA - Medical Health and Benefits 303265 100 MINNESOTA DEPT OF LABOR AND INDUSTRY Licenses, Taxes, Fees Maintenance Facility 303226 100 CINTAS CORPORATION #470 Operating Supplies Park Maintenance 1034363 100 WM MUELLER AND SONS INC Patching Asphalt Street Maintenance 1034333 96 BOLD, PAULINE Operating Supplies Outdoor Center 303175 95 ASSAD SHEILA AR Utility Water Enterprise Fund 303378 94 CORE & MAIN Repair & Maint. Supplies Park Maintenance 303228 93 COMCAST Internet IT Operating 303422 91 SHRED RIGHT Waste Disposal City Hall (City Cost) 303410 84 PAFFY'S PEST CONTROL Contract Svcs - Pest Control Park Shelters 303177 80 ELSAFY AMRI AR Utility Water Enterprise Fund 303189 77 MURSCHEL SHANNON AR Utility Water Enterprise Fund 303201 76 THUL STEVEN AR Utility Water Enterprise Fund 303428 75 STAPLES ADVANTAGE Office Supplies Customer Service 1034287 74 CARLSTON, BRANDON Canine Supplies Police Sworn 9836 71 SQUARE Bank and Service Charges Den Road Liquor Store 303118 70 BARREL THEORY BEER COMPANY Liquor Product Received Prairie Village Liquor Store 303137 70 BARREL THEORY BEER COMPANY Liquor Product Received Den Road Liquor Store 303156 70 BARREL THEORY BEER COMPANY Liquor Product Received Prairie View Liquor Store 303224 70 CHC CREATING HEALTHIER COMMUNITIES Charitable Contributions Health and Benefits 303194 70 ROUDABUSH STEPHEN AR Utility Water Enterprise Fund 303186 69 LIFETIME FITNESS C/O ENGIE INSIGHT AR Utility Water Enterprise Fund 1034314 69 NORTH CENTRAL LABORATORIES Lab Supplies Water Treatment 303421 67 SHEPPARD ELIZABETH Operating Supplies Outdoor Center 1034289 65 CUSTOM HOSE TECH Equipment Parts Fleet Operating 303408 64 NCPERS GROUP LIFE INSURANCE PERA Health and Benefits 1034302 64 ECM PUBLISHERS INC Legal Notices Publishing City Clerk 303217 58 BATTLE LAKE SENIOR CARD PROJECT Operating Supplies Senior Board 303416 58 RICHFIELD PRINTING INC Office Supplies Customer Service 303281 55 STAPLES ADVANTAGE Office Supplies Customer Service 303196 53 SHEYNBERG LINDY AR Utility Water Enterprise Fund 1034362 52 UPS Postage Planning 303229 52 COMCAST Cable TV Fire 303182 50 JEFFRIES JOHN AR Utility Water Enterprise Fund 303279 50 SCOTT COUNTY SHERIFF'S OFFICE Deposits General Fund 1034335 47 ELLIS, ROBERT Mileage & Parking Engineering 303179 47 GANDY TAMMY AR Utility Water Enterprise Fund 303380 45 DANNA BROOKE Mileage & Parking Round Lake Beach 303412 44 PERKINSON KRISTINA Operating Supplies Outdoor Center 303176 44 CANNON PATRICK AR Utility Water Enterprise Fund 303239 43 EDEN PRAIRIE LIQUOR Miscellaneous Internal Events 303173 41 AKW LLC AR Utility Water Enterprise Fund 303183 40 JONES KELLY AR Utility Water Enterprise Fund 303190 40 OLSON ROCHELLE AR Utility Water Enterprise Fund 303199 39 STILES DON AR Utility Water Enterprise Fund 303193 38 RODRIGUEZ RUBEN AR Utility Water Enterprise Fund 303387 34 FLYNN, KERRY Operating Supplies Outdoor Center 9849 30 WEX FSA - Medical Health and Benefits 303237 29 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits 303238 29 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits 303202 26 TRAN KIEU AR Utility Water Enterprise Fund 303363 23 ACE SUPPLY COMPANY INC Supplies - Electrical Fire Station #4 Check #Amount Supplier / Explanation Account Description Business Unit Comments30322723COMCASTOther Contracted Services Police Sworn 303174 23 ALBISTON CYNTHIA AR Utility Water Enterprise Fund 303203 23 TRAVIS KAREN AR Utility Water Enterprise Fund 303381 22 DEAVAN CHRIS Mileage & Parking Round Lake Beach 1034291 21 FLEETPRIDE INC Equipment Parts Fleet Operating 303192 21 RETTIG MARK AR Utility Water Enterprise Fund 303377 20 CHRIS CASTLE INC Phone/Data/Web 494 Corridor Commission 303384 20 FELKER, BARBARA P&R Refunds Community Center Admin 9826 19 WEX FSA - Medical Health and Benefits 303191 19 PETERSON CHRISTOPHER AR Utility Water Enterprise Fund 9851 19 NCR PAYMENT SOLUTIONS,PA, LLC Bank and Service Charges Liquor Store Delivery 9823 16 WEX FSA - Medical Health and Benefits 303236 16 EDEN PRAIRIE CRIME PREVENTION FUND Charitable Contributions Health and Benefits 303269 16 NCPERS GROUP LIFE INSURANCE PERA Health and Benefits 303197 14 SMASAL MARY AR Utility Water Enterprise Fund 303207 14 YERUVURI SUNIL AR Utility Water Enterprise Fund 1034320 14 UPS Postage Human Resources 303205 13 WEBSTER BRIDGET AR Utility Water Enterprise Fund 303178 13 GALSTAD SANDRA AR Utility Water Enterprise Fund 303374 10 BOYINGTON SHIRLEY P&R Refunds Community Center Admin 303391 10 HARMS SHERRY P&R Refunds Community Center Admin 9824 9 WEX FSA - Medical Health and Benefits 303400 8 MELCHERT MAYIA Mileage & Parking Riley Lake Beach 1034336 7 FAGNANT, SUSAN Operating Supplies Outdoor Center 303206 7 WETMORE CYNTHIA AR Utility Water Enterprise Fund 303184 7 KURTZ KARL AR Utility Water Enterprise Fund 303198 6 SMITH CASANDRA AR Utility Water Enterprise Fund 303188 5 MCCARTHY THERESE AR Utility Water Enterprise Fund 3,813,597 Grand Total City of Eden PrairiePurchasing Card Payment Report 9/19/2023 Amount Account Description Business Unit 6,682 Bldg Surcharge General Fund 2,476 Operating Supplies Pool Operations 2,100 Software Engineering 1,990 Autos Fleet - Park & Rec 1,608 Operating Supplies Skating Rinks/Warming Houses 1,497 Tuition Reimbursement/School Police Sworn 1,153 Operating Supplies Lesson Skills Development 995 Miscellaneous Senior Center Admin 946 Special Event Fees Senior Center Programs 895 Bank and Service Charges Prairie View Liquor Store 868 Operating Supplies Outreach 842 Repair & Maint. Supplies Fitness/Conference - Cmty Ctr 795 Tuition Reimbursement/School Police Sworn 795 Tuition Reimbursement/School Police Sworn 771 Other Contracted Services Den Road Liquor Store 771 Other Contracted Services Prairie View Liquor Store 771 Other Contracted Services Prairie Village Liquor Store 762 Operating Supplies Youth Programs Admin 750 Dues & Sub-Memberships Facilities Staff 720 Conference/Training Communications 702 Clothing & Uniforms Fit Kids Club 680 Dues & Sub-Memberships Planning 650 Office Supplies City Council 635 Operating Supplies Community Center Admin 601 Conference/Training Assessing 595 Licenses, Taxes, Fees Theatre Initiative 581 Capital Under $25,000 Fitness Classes 578 Licenses, Taxes, Fees Fitness Classes 559 Capital Under $25,000 Fitness Classes 507 Operating Supplies Recycle Rebate 499 Tuition Reimbursement/School Police Sworn 486 Other Rentals Park Maintenance 479 Conference/Training Facilities Staff 479 Conference/Training Facilities Staff 475 Clothing & Uniforms Concessions 467 Tuition Reimbursement/School Police Sworn 428 Travel Expense Communications 420 Equipment Repair & Maint E-911 Program 399 Other Contracted Services Liquor Store Delivery 394 Chemicals Water Treatment 378 Licenses, Taxes, Fees Pool Lessons 371 Operating Supplies Outreach Amount Account Description Business Unit360Conference/Training Community Center Admin 355 Operating Supplies Youth Programs Admin 347 Operating Supplies Day Camp 328 Operating Supplies Basketball 315 Equipment Parts Fleet Operating 303 Operating Supplies New Adaptive 301 Operating Supplies Safety Camp 300 Safety Supplies Utility Operations - General 300 Conference/Training Engineering 299 Tuition Reimbursement/School Police Sworn 298 Dues & Sub-Memberships Human Resources 298 Dues & Sub-Memberships Human Resources 294 Licenses, Taxes, Fees Pool Lessons 287 Conference/Training Pool Lessons 284 Operating Supplies Police Sworn 283 Capital Under $25,000 Fitness Classes 280 Software/Hardware Maint.IT Operating 275 Dues & Sub-Memberships Ice Arena Maintenance 263 Operating Supplies Day Camp 262 Conference/Training Engineering 256 Operating Supplies Fire 256 Repair & Maint. Supplies Water Treatment 255 Operating Supplies Fire 253 Operating Supplies Police Sworn 252 Operating Supplies Fleet Operating 250 Conference/Training Finance 250 Dues & Sub-Memberships Community Development Admin. 250 Tuition Reimbursement/School Police Sworn 250 Awards Pickleball 242 Equipment Parts Fleet Operating 236 Operating Supplies Pool Operations 236 Safety Supplies Pool Operations 227 Repair & Maint. Supplies Park Maintenance 224 Operating Supplies Youth Programs Admin 220 Special Event Fees Senior Center Programs 220 Miscellaneous City Council 219 Operating Supplies Day Care 212 Operating Supplies Theatre Initiative 206 Employee Award Organizational Services 202 Operating Supplies Round Lake Beach 195 Operating Supplies Day Camp 195 Operating Supplies Community Center Admin 194 Other Contracted Services Den Road Liquor Store 194 Other Contracted Services Prairie Village Liquor Store 194 Other Contracted Services Prairie View Liquor Store 190 Operating Supplies Pool Operations Amount Account Description Business Unit177Operating Supplies Fire 170 Operating Supplies Park Maintenance 170 Dues & Sub-Memberships Tennis 169 Small Tools Assessing 168 Licenses, Taxes, Fees Pool Lessons 166 Operating Supplies Playgrounds 164 Operating Supplies Playgrounds 163 Operating Supplies Fire 161 Repair & Maint. Supplies Wasterwater Collection 160 Merchandise for Resale Concessions 157 Special Event Fees Senior Center Programs 156 Operating Supplies Day Camp 155 Operating Supplies Outdoor Center 148 Operating Supplies Round Lake 142 Operating Supplies Day Camp 139 Operating Supplies Fire 137 Merchandise for Resale Concessions 135 Conference/Training Finance 129 Operating Supplies Pool Operations 125 Tuition Reimbursement/School Police Sworn 124 Merchandise for Resale Fitness Classes 123 Operating Supplies Day Camp 123 Operating Supplies Day Care 121 Operating Supplies Fire 120 Dues & Sub-Memberships Engineering 119 Operating Supplies Playgrounds 118 Operating Supplies Playgrounds 118 Operating Supplies Community Band 115 Equipment Parts Fleet Operating 112 Operating Supplies Volleyball 112 Advertising Communications 110 Capital Under $25,000 Fitness Classes 110 Licenses, Taxes, Fees Fitness Classes 110 Operating Supplies Day Care 110 Operating Supplies Street Maintenance 109 Operating Supplies Police Sworn 108 Operating Supplies Arts Center 108 Training Supplies Fire 106 Operating Supplies Fire 105 Operating Supplies Arts Center 103 Operating Supplies New Adaptive 103 Operating Supplies New Adaptive 103 Operating Supplies Pool Operations 100 Dues & Sub-Memberships Fire 100 Operating Supplies Gymnasium (CC) 100 Operating Supplies Day Camp Amount Account Description Business Unit100Employment Advertising Organizational Services 98 Operating Supplies Touch Football 97 Operating Supplies New Adaptive 97 Operating Supplies New Adaptive 97 Operating Supplies Police Sworn 97 Operating Supplies Arts Center 97 Operating Supplies Prairie View Liquor Store 96 Operating Supplies Arts Center 95 Operating Supplies Outreach 95 Employment Advertising Organizational Services 95 Employment Advertising Organizational Services 90 Licenses, Taxes, Fees Police Sworn 90 Operating Supplies Round Lake Beach 89 Software/Hardware Maint.Fire 89 Dues & Sub-Memberships City Clerk 87 Operating Supplies Outdoor Center 87 Operating Supplies Outreach 86 Operating Supplies Outdoor Center 84 Operating Supplies Arts Center 84 Operating Supplies Arts Center 84 Operating Supplies Concessions 83 Operating Supplies Pool Operations 81 Operating Supplies Theatre Initiative 81 Operating Supplies Community Center Admin 81 Equipment Parts Fleet Operating 81 Merchandise for Resale Senior Board 81 Merchandise for Resale Concessions 79 Operating Supplies Day Care 79 Operating Supplies Playgrounds 76 Operating Supplies Outreach 75 Miscellaneous Assessing 75 Training Fire 74 Operating Supplies Community Center Admin 72 Operating Supplies Day Camp 72 Operating Supplies Outdoor Center 71 Operating Supplies Fire 70 Operating Supplies Arts Center 70 Repair & Maint. Supplies Ice Arena Maintenance 69 Operating Supplies Volleyball 69 Dues & Sub-Memberships Communications 68 Operating Supplies Arts Center 67 Operating Supplies PeopleFest 66 Operating Supplies Arts Center 65 Office Supplies Police Sworn 65 Operating Supplies Fire 65 Operating Supplies Outreach Amount Account Description Business Unit65Special Event Fees Senior Center Programs 62 Operating Supplies Athletic Programs Admin 62 Operating Supplies Day Camp 62 Operating Supplies Arts Center 60 Operating Supplies Softball 60 Advertising Theatre Initiative 60 Mileage & Parking New Adaptive 60 Operating Supplies Community Center Admin 60 Operating Supplies IT Operating 58 Operating Supplies Day Camp 58 Repair & Maint. Supplies Facilities Staff 58 Miscellaneous Police Sworn 58 Operating Supplies Arts Center 57 Operating Supplies Playgrounds 57 Special Event Fees Senior Center Programs 56 Operating Supplies Senior Center Programs 56 Operating Supplies Day Camp 55 Operating Supplies Outdoor Center 54 Equipment Parts E-911 Program 54 Special Event Fees Senior Center Programs 53 Operating Supplies Police Sworn 53 Operating Supplies Gymnasium (CC) 51 Operating Supplies Day Camp 50 Dues & Sub-Memberships Fire 47 Video & Photo Supplies Fire 47 Operating Supplies Fire 46 Operating Supplies Outdoor Center 46 Operating Supplies Arts Center 46 Repair & Maint. Supplies Purgatory Creek Park 45 Operating Supplies Arts Center 45 Operating Supplies Fire 45 Operating Supplies Playgrounds 44 Operating Supplies Arts Center 44 Capital Under $25,000 Fitness Classes 43 Operating Supplies Day Care 43 Operating Supplies Outdoor Center 42 Operating Supplies Softball 42 Conference/Training Pool Operations 42 Conference/Training Pool Operations 42 Licenses, Taxes, Fees Pool Lessons 42 Operating Supplies Police Sworn 42 Operating Supplies Arts Center 42 Operating Supplies Arts Center 41 Operating Supplies Arts Center 41 Operating Supplies Arts Center 41 Operating Supplies Arts Center Amount Account Description Business Unit41Operating Supplies Community Center Admin 40 Operating Supplies IT Operating 40 Janitor Service Prairie View Liquor Store 40 Operating Supplies Day Camp 40 Dues & Sub-Memberships Police Sworn 40 Conference/Training City Clerk 40 Training Fire 40 Training Fire 40 Training Fire 40 Tuition Reimbursement/School Police Sworn 40 Miscellaneous IT Operating 40 Operating Supplies Outreach 39 Operating Supplies IT Operating 39 Operating Supplies Outreach 38 Operating Supplies Day Camp 38 Chemicals Street Maintenance 38 Software IT Capital 37 Repair & Maint. Supplies Water Treatment 37 Operating Supplies Pool Operations 37 Operating Supplies Playgrounds 37 Employment Advertising Organizational Services 37 Operating Supplies Fleet Operating 36 Special Event Fees Senior Center Programs 36 Operating Supplies Arts Center 36 Operating Supplies Youth Programs Admin 35 Operating Supplies Arts Center 35 Operating Supplies Day Care 35 Conference/Training Finance 35 Conference/Training Human Resources 35 Operating Supplies Arts Center 35 Operating Supplies Day Camp 34 Operating Supplies Community Center Admin 34 Operating Supplies Public Safety Communications 33 Operating Supplies Arts Center 33 Operating Supplies Outdoor Center 32 Other Contracted Services Organizational Services 32 Operating Supplies Arts Center 31 Operating Supplies Day Camp 31 Operating Supplies Arts Center 30 Operating Supplies Police Sworn 30 Operating Supplies Arts Center 30 Computers IT Operating 29 Repair & Maint. Supplies Park Maintenance 28 Operating Supplies Police Sworn 28 Equipment Parts E-911 Program 28 Small Tools Fleet Operating Amount Account Description Business Unit28Operating Supplies Arts Center 27 Other Contracted Services Organizational Services 27 Operating Supplies Arts Center 27 Operating Supplies Arts Center 27 Operating Supplies Public Safety Communications 27 Operating Supplies Community Center Admin 26 Landscape Materials/Supp Staring Lake 26 Operating Supplies Fire 26 Repair & Maint. Supplies Pool Maintenance 26 Operating Supplies Housing and Community Service 25 Conference/Training Round Lake Beach 25 Conference/Training Pool Operations 25 Tuition Reimbursement/School Police Sworn 25 Other Contracted Services Organizational Services 25 Operating Supplies Theatre Initiative 25 Operating Supplies Day Camp 24 Operating Supplies Pool Operations 22 Operating Supplies Arts Center 22 Operating Supplies Arts Center 22 Clothing & Uniforms Police Sworn 22 Operating Supplies IT Operating 21 Operating Supplies Arts Center 21 Operating Supplies Theatre Initiative 20 Dues & Sub-Memberships Police Sworn 20 Conference/Training Utility Operations - General 20 Training Supplies Police Sworn 20 Miscellaneous IT Operating 20 Operating Supplies Day Camp 20 Operating Supplies Arts Center 20 Operating Supplies Day Camp 19 Operating Supplies Police Sworn 19 Operating Supplies Police Sworn 19 Office Supplies Customer Service 19 Licenses, Taxes, Fees Park Maintenance 19 Miscellaneous IT Operating 19 Operating Supplies New Adaptive 18 Capital Under $25,000 Water Capital 17 Operating Supplies Arts Center 17 Merchandise for Resale Concessions 17 Other Contracted Services Organizational Services 16 Clothing & Uniforms Theatre Initiative 16 Advertising Communications 15 Operating Supplies Day Camp 15 Operating Supplies Housing and Community Service 15 Dues & Sub-Memberships Communications 15 Licenses, Taxes, Fees Theatre Initiative Amount Account Description Business Unit15Licenses, Taxes, Fees Theatre Initiative 15 Training Supplies Fire 15 Operating Supplies Fire 14 Operating Supplies Youth Programs Admin 14 Operating Supplies Arts Center 14 Operating Supplies Volunteers 14 Operating Supplies Day Care 14 Operating Supplies Volleyball 14 Operating Supplies Youth Programs Admin 14 Operating Supplies Riley Lake Beach 14 Postage Utility Operations - General 13 Training Supplies Fire 12 Miscellaneous IT Operating 12 Operating Supplies Day Care 12 Operating Supplies New Adaptive 12 Operating Supplies Day Care 11 Operating Supplies Fire 11 Miscellaneous IT Operating 11 Operating Supplies Day Care 11 Repair & Maint. Supplies Park Maintenance 11 Operating Supplies Pool Operations 11 Operating Supplies Arts Center 10 Operating Supplies PeopleFest 10 Conference/Training Economic Development 10 Advertising Communications 10 Operating Supplies Outdoor Center 10 Operating Supplies Day Care 10 Operating Supplies New Adaptive 9 Operating Supplies Fleet Operating 9 Operating Supplies Arts Center 9 Miscellaneous Playgrounds 8 Operating Supplies Arts Center 8 Conference/Training Finance 7 Operating Supplies Arts Center 7 Miscellaneous IT Operating 7 Operating Supplies Day Camp 6 Conference/Training Engineering 6 Operating Supplies Arts Center 6 Operating Supplies Pool Operations 6 Operating Supplies Playgrounds 5 Small Tools Fleet Operating 5 Bank and Service Charges Customer Service 2 Licenses, Taxes, Fees Police Sworn -28 Small Tools Fleet Operating -41 Capital Under $25,000 Fitness Classes -42 Capital Under $25,000 Fitness Classes Amount Account Description Business Unit-54 Merchandise for Resale Concessions -283 Capital Under $25,000 Fitness Classes -1,595 Waste Disposal Fleet Operating -2,961 Deposits General Fund 61,604 Report Total