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Home My WebLink AboutCity Council - 10/17/2023 AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, OCTOBER 17, 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. IT (CYBERSECURITY) UPDATE – ADITI SALUNKE, IT MANAGER (5:30 – 5:45 p.m.) II. POTENTIAL DEVELOPMENT SITES – JULIE KLIMA, COMMUNITY DEVELOPMENT DIRECTOR (5:45 – 6:30 p.m.) Open Podium - Council Chamber (6:30) III. OPEN PODIUM IV. ADJOURNMENT NETWORK SECURITY City of Eden Prairie October 2023 Information Security Information Security, or InfoSec, refers to the processes and tools designed to protect sensitive business information from unauthorized access, modification, disruption, destruction and inspection. Confidentiality •Prevent unauthorized disclosure Integrity •Prevent unauthorized modification Information Security Availability •Information should be readily available to authorized users Our infrastructure The threat landscape VIRUS A virus is a type of malware that self-replicates by inserting its code into other software programs. It spreads from one computer to another, leaving a path of destruction as it propagates. Viruses can range in severity from causing mildly disturbing effects to severely damaging data or software. Since viruses are designed to disrupt a system's ability to operate, they can cause significant operational issues and data loss. RANSOMWARE Ransomware, encrypts the victim's data and a hacker demands the victim pay a ransom. Only once the ransom is paid, the hacker sends a decryption key to restore access to the victims’ data. The ransom can range from a few hundred dollars to millions of dollars. Typically, payment is demanded in the form of a cryptocurrency, such as bitcoins. Ransomware is typically distributed through phishing emails. Other forms of distribution include malvertising (legitimate online advertising is hacked to spread malware), and exploit kits. After it is distributed, ransomware encrypts selected files and notifies the victim that payment is required to unlock the data. How does it spread? Viruses typically attach to an executable host file, which means the virus may exist on a system but lays dormant until the file is opened or executed. Once opened or executed, the virus spreads to another computer using a network, removable media, drive, file sharing methods, or through infected email attachments. 2023 Major Cybersecurity incidents •MOVEit parent company Progress Software reported breach (May 2023) from CLOP, with impact to several government departments, educational institutions, tech companies and more. This included U.S. Department of Health and Human services, U.S. Department of Energy, New York Department of Education, Siemens Energy, Sony and many others. Estimated costs are over $9.9 Billion. •Over 1000 organizations impacted include 83.9% U.S based organizations. •Hackers accessed protected health information including SSN’s for 11 million individuals. •City of Dallas (pop: 1.3 M) Royal hacker group ransomware attack impacted over 26,000 people. Names, addresses, SSN’s, medical and health information were compromised. City approved payment of $8.5M for recovery and mitigation efforts. •Minneapolis public schools experienced ransomware attack in September that impacted over 100,000 people, whose information was compromised. •Rate of ransomware attacks in state and local government has increased from 58% to 69% in 2023. Common root causes are exploited vulnerabilities (38%), compromised credentials (30%) and e-mail based attacks (25%). Policies, Procedures and Awareness Perimeter Network Security Physical Security Host App Data Layered Security Policies, Procedures and Awareness Security policies and procedures provide consistent guidelines and best practices to prevent or minimize unauthorized access and damage to the city’s technology infrastructure. •Annual updates to security policy. •Random Phishing tests •Annual security training for all users with network access. Perimeter Perimeter security allows authorized data flow while blocking malicious/ suspicious traffic. •Firewalls – Logis and Internal firewall. •Palo Alto firewalls with intrusion detection. •State of MN IPS firewall system.•Cisco firewalls. •VPN •Cisco AnyConnect VPN to encrypt point to point traffic. Access is role based.•No access from outside the country.•Multifactor authentication required for all VPN users (in progress) •Dual Authentication for Water plant SCADA and Public Safety •DMZ network for public facing services (e.g. Laserfiche documentation, Public facing maps) Network Network security involves authenticating user access to requested network resources and protecting information flows in the network. •Email filters •Logis’ IronPort filter with Cisco AMP scanning. •Microsoft Email filter. •These filters catch 99.99% of junk/ malicious emails. •Block known malicious domains and email addresses if emails filters do not block them. •User reporting through city users, Logis or State. •Dual factor authentication for Office 365 applications (e.g. Email) •Helps minimize brute force attack on email accounts. •No access from outside the country. •Rules to block known keywords (e.g. direct deposit) and file types (e.g. html) in phishing attempts. •Dual factor authentication for Admins and servers (Cisco Duo In Progress) •Web Filters •Cisco umbrella to block malicious site. •User reporting through Logis to block additional sites as needed. •Network segmentation (e.g. PD, Liquor Stores are on different subnets) for improved security. •Monitoring and Network Analytics to identify risks. Physical Physical security aims to prevent unauthorized access, tampering and damage to tangible assets such as network equipment, workstations, personnel and other resources. •Role based physical access (ID cards) •Camera surveillance and recording •Physical locks Host/ Endpoint (Offices) Host layer security focuses on keeping endpoints and operating systems secure. Endpoints are devices connected to the network and include workstations, tablets, servers, phones, printers and similar devices. •Antivirus protection on all endpoints •Cisco AMP •Access Control and Authentication •No admin rights on city workstations for any user including IT. •Applocker to prevent unauthorized application installs. •Fpolicy Cryptospike to prevent malware on mapped drives. •Patch and Security updates – monthly/ quarterly Windows server updates •Operating system updates (within 2 versions of latest Windows 10 updates) •Port control – unnecessary ports are inactivated. •Lockdown – lost/ missing mobile devices are disabled Application Security measures at the application level aim to prevent vulnerabilities against unauthorized access and modification. •Role based access updated timely. •Default passwords for applications are changed. •Timely application upgrades. Data Data protection is the end goal for all IT security measures. Data protection measures are applied to data at rest, as well as data in transit. •Data encryption for data in transit (FIPS 140-2) •Data backups are encrypted (Cohesity) •Data is restored from backup as required. •Tertiary backup at an offsite location. Backup and Recovery •Netapp replicates all data to the secondary location every 15 min. •Stores prior versions of replications for 2 weeks. •Backups: Daily, Weekly, Monthly retained for 1 year. •Tertiary airgap immutable daily backup in a secured offsite location. •Documented recovery process tested twice a year. In Summary.. A layered approach to security helps minimize risks and losses due to an attack from threats like Ransomware and other malicious attacks. It is important to always remain vigilant, exercise caution, and notify IT when you see strange behavior. 2024 Security Initiatives include: •MFA on networked workstations for the Police Department (BCA requirement) and on critical servers. •Participate in MNIT “Whole-of-State” Cybersecurity Plan (SLCGP funding) including Statewide Security Monitory Initiatives (SSMI). Potential Development Sites in Eden Prairie City Council Workshop Oct 17, 2023 Aspire Eden Prairie 2040 and the Community Development 2023-2027 Strategic Plan identify a selection of properties that have the potential to be developed in the future. It also includes information on current zoning and long term land use guiding for each property. Some of these properties have pending applications. Others are parcels that City staff receives inquires on or that have further development opportunity. Development Communications •Proposed Development Project Signs are installed on properties prior to public hearings •QR Code and website link connects to the City’s interactive Development Project Map •Signs remain on site through the Planning Commission/City Council review process Development Communications •2023 Updates to the Development Projects Map webpage •Projects can be sorted by status, location, and type •Information provided includes contact information for developer, planning staff, Commission and Council memos, site plans and building renderings Potential Development Sites – Pending Applications Chestnut Townhomes (5.7 acres) Zoned: RM-2.5 Guided: Medium High Density Residential (14-40 units/acre) Requesting a Comp Plan Amendment to Medium Density Residential (5-14 units/acre) Rental Townhome Units 69 units proposed (12 units/acre) 13 buildings 8 - 6 unit buildings 1 - 5 unit building 4 - 4 unit buildings Potential Development Sites – Pending Applications Proposed 8 units (2.2 units/acre) 4 – 2 unit buildings Proposal is consistent with ghost plan and includes a private street connection Pioneer Preserve (3.67 acres) Zoned: Rural Guided: Medium Density Residential (5-14 u/a) Potential Development Sites – Pending Applications Preserve Village Infill (9.1 acres) Proposed Chipotle Zoned: Community Commercial Guided: Commercial Proposed 2300 square foot drive through restaurant with 40 seats Potential Development Sites Marshall Farm (30.5 acres) 9905 Dell Road Zoned: Rural Guided: Low Density Residential Potential Road Connection Ingram Property (5.9 acres) 18900 Pioneer Trail Zoned: Rural Guided: Low Density Residential Potential Development Sites 10700 Prairie Lakes Drive (4.99 acres) Zoned: Office Guided: Office Potential Development Sites Gerald Moot property (6.4 acres) 6591 168th Street W Zoned: Rural Guided: Low Density Residential Potential Road Connection Potential Development Sites UNFI Property (107 acres) Zoned: Rural & Office Guided: Office, Park/Open Space & Medium High Density Residential Potential Development Sites East of main entranceAt UNFI main entrance from Valley View East of main entrance West of main entrance Potential Development Sites Mill Creek property (1.6 acres) Zoned: RM-6.5 Guided: Medium Density Residential Ghost plan exists as part of the property to the south Menards Outlot (7 acres) Zoned: Rural Guided: Office Marshall Farm Stand (3.5 acres)North of Pioneer TrailZoned: RuralGuided: Low Density Residential Private street connection to existing townhome development Eden Heights East (1.3 acres)South of Pioneer TrailZoned: R1-22Guided: Low Density Residential* This property has an approved preliminary plat to create single family lots 4 lots with public road extension Potential Development Sites Life Church properties (8 acres) 13901 St. Andrew Drive & 14100 Valley View Rd Zoned: Public Guided: Public Potential Development Sites John Lassen properties (9 acres) 7025 Baker Road Zoned: Rural Guided: Medium Density Residential 9000 and 9002 Riley Lake Road (9.42 acres) Zoned: Rural Guided: Low Density Residential Potential Development Sites Potential Development Sites Huber Funeral Home 16394 Glory Lane Zoned: I-2 Guided: Commercial Kline property (4.8 acres) 9700 Eden Prairie Road Pemtom property (1.7 acres) 9740 Eden Prairie Road Potential road connection for Prospect Road Bunn property (0.9 acres) 9850 Eden Prairie Road All Zoned: Rural All Guided: Low Density Residential Potential Development Sites Seifert Property (11.2 acres) 8390 Hiawatha Ave Zoned: Rural Guided: Low Density Residential Potential road connection Kurt Johnson Property (2.2 acres) 11111 Anderson Lakes Pkwy Zoned: R1-22 Guided: Medium High Density Residential Potential Development Sites Martin Property (4.9 acres) 6585 Eden Prairie Road Zoned: R1-22 Guided: Low Density Residential 6385 Old Shady Oak Rd (6.1 acres) Zoned: Office Guided: Industrial Flex Tech Potential Development Sites 18011 Pioneer Trail (1 acre) Zoned: Rural Guided: Low Density Residential 9900 Spring Road (1.5 acres) Zoned: Rural Guided: Low Density Residential 9500 Flying Cloud Drive (3.44 acres) Zoned: Rural Guided: Low Density Residential Potential Development Sites Properties west of Reeder Ridge 16870 Beverly Drive (5.1 acres) 17020 Beverly Drive (4.2 acres) 17170 Beverly Drive (5.4 acres) 17135 Beverly Drive (5 acres) All Zoned: Rural All Guided: Low Density Residential Potential road connection for Beverly Drive Potential Development Sites 10001 Dell Road (6.1 acre) 10003 Dell Road (7 acres) 10005 Dell road (5.5 acres) 10011 Dell Road (12.9 acres) All Zoned: Rural All Guided: Low Density Residential above MUSA line and Rural MUSA line Potential road connection for Turnbull Road Potential Development Sites Dvorak Farm (5.8 acres) 6745 and 6685 Flying Cloud Drive Zoned: I-5 Guided: Industrial Flex Tech Former Pauley Property (4.3 acres) 17450 78th St W Zoned: R1-22 Guided: Low Density Residential Potential Development Sites 6475 Rowland Road (9.7 acres) Zoned Rural Guided Low Density Residential Potential road connection to existing neighborhoods Potential Development Sites Hennepin County Property (0.69 acres) 8928 Preserve Blvd Zoned: RM-6.5 Guided: Medium Density Residential 10720 Hennepin Town Road (4 acres) Zoned: Rural Guided: Low Density Residential Saunders properties (58 acres) Zoned: Rural Guided: Low Density Residential and Parks/Open Space Potential Development Sites 13160, 13120 and 13090 Pioneer Trail (1.39 acres) Two western parcels are zoned: Industrial Easternmost parcel zoned: Rural All Guided: Commercial Potential Development Sites MnDOT/Venture Lane property (approximately 5.8 acres) Not platted/zoned Guided Flex Service Questions? AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, OCTOBER 17, 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 FAMILY OF GORDON WILLIAMS FOR SENIOR CENTER GARDEN AREA (Resolution) B. ACCEPT DONATION FROM EDEN PRAIRIE CRIME PREVENTION FUND, CARDINAL GLASS INDUSTRIES, AND FLAGSTONE SENIOR LIVING FOR HARVEST TO HALLOWEEN EVENT (Resolution) V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, OCTOBER 03, 2023 B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 03, 2023 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK’S LIST B. THREE OAKS ESTATES (2023-05) APPROVE SECOND READING OF ORDINANCE FOR ZONING DISTRICT CHANGE FROM RURAL TO R1-9.5 AND PARKS AND OPEN SPACE ON 5.06 ACRES AND APPROVE DEVELOPMENT AGREEMENT C. ADOPT RESOLUTION AUTHORIZING STAFF TO SUBMIT A GRANT REQUEST TO THE HENNEPIN COUNTY YOUTH SPORTS GRANT CITY COUNCIL AGENDA October 17, 2023 Page 2 PROGRAM FOR 2024 ROUND LAKE PARK HARDCOURT REHABILITATION PROJECT D. APPROVE STANDARD AGREEMENT FOR CONTRACT SERVICES WITH EXCEL LAWN AND LANDSCAPE FOR SNOW AND ICE MANAGEMENT SERVICES E. APPROVE CONTRACTED SERVICES AGREEMENT WITH RAINBOW TREECARE FOR EMERALD ASH BORER TREATMENTS F. APPROVE CONTRACTED SERVICES AGREEMENT WITH VALLEY RICH FOR UTILITY INSTALLATION AT THE OUTDOOR CENTER G. AWARD CONTRACT FOR GOODS AND SERVICES FOR TRAFFIC SIGNAL EQUIPMENT TO TRAFFIC CONTROL CORPORATION H. APPROVE PURCHASE OF TILT DECK TRAILER FROM LANO EQUIPMENT IX. ORDINANCES AND RESOLUTIONS A. KINSLEY TOWNHOMES (2023-08) by Pulte Homes. Second Reading of Ordinance for Planned Unit Development with Waivers and a Zoning District Change from Rural to RM-6.5 on 6.13 acres, Resolution for Site Plan Approval, Resolution for Conditional Approval of the Development Agreement. (Ordinance for PUD District Review and Zoning District Change from Rural to RM-6.5, Resolution for Site Plan Approval, Resolution for Conditional Approval of the Development Agreement) X. PUBLIC HEARINGS / MEETINGS A. MISTER CARWASH (2023-03) by ISG, Inc. Resolution for a PUD Concept Plan Review on 1.23 acres, First Reading of Ordinance for a PUD District Review with waivers on 1.23 acres (Resolution for PUD Concept Plan Review, Ordinance for a PUD District Review with Waivers) B. PUBLIC HEARING FOR APPROVAL OF 2023 SPECIAL ASSESSMENTS, RESOLUTION APPROVING SPECIAL ASSESSMENTS XI. PAYMENT OF CLAIMS XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS CITY COUNCIL AGENDA October 17, 2023 Page 3 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: October 13, 2023 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, October 17, 2023 ___________________________________________________________________________________________ TUESDAY, OCTOBER 17, 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 FAMILY OF GORDON WILLIAMS FOR SENIOR CENTER GARDEN AREA (Resolution) Synopsis: Gordon Williams, a long-time resident and Senior Center participant, was active at the senior center for many years. This donation will go towards the continued maintenance of the Senior Center garden area. The garden area has become the backdrop of the annual Senior Center Garden Party. MOTION: Move to: • Adopt Resolution accepting the donation of $500 from the family of Gordon Williams towards the maintenance of the Senior Center garden area. B. ACCEPT DONATION FROM EDEN PRAIRIE CRIME PREVENTION FUND, CARDINAL GLASS INDUSTRIES, AND FLAGSTONE SENIOR LIVING FOR HARVEST TO HALLOWEEN EVENT (Resolution) Synopsis: Donations such as this allow the City to offer special events at low or no cost to residents. Harvest to Halloween is an annual fall city event that offers art projects, inflatables, kids games, face painting, horse-drawn carriage rides, ANNOTATED AGENDA October 17, 2023 Page 2 historic house tours, pumpkin decorating and treat stations. MOTION: Move to: • Adopt Resolution accepting the donation of $750 from the Eden Prairie Crime Prevention fund, $500 from Cardinal Glass Industries, and $150 from Flagstone Senior Living for the Harvest to Halloween Event. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Move to approve the agenda. VI. MINUTES MOTION: Move to approve the following City Council minutes: A. COUNCIL WORKSHOP HELD TUESDAY, OCTOBER 03, 2023 B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 03, 2023 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-H on the Consent Calendar. A. CLERK’S LIST B. THREE OAKS ESTATES (2023-05) APPROVE SECOND READING OF ORDINANCE FOR ZONING DISTRICT CHANGE FROM RURAL TO R1-9.5 AND PARKS AND OPEN SPACE ON 5.06 ACRES AND APPROVE DEVELOPMENT AGREEMENT C. ADOPT RESOLUTION AUTHORIZING STAFF TO SUBMIT A GRANT REQUEST TO THE HENNEPIN COUNTY YOUTH SPORTS GRANT PROGRAM FOR 2024 ROUND LAKE PARK HARDCOURT REHABILITATION PROJECT D. APPROVE STANDARD AGREEMENT FOR CONTRACT SERVICES WITH EXCEL LAWN AND LANDSCAPE FOR SNOW AND ICE MANAGEMENT SERVICES E. APPROVE CONTRACTED SERVICES AGREEMENT WITH RAINBOW TREECARE FOR EMERALD ASH BORER TREATMENTS F. APPROVE CONTRACTED SERVICES AGREEMENT WITH VALLEY RICH FOR UTILITY INSTALLATION AT THE OUTDOOR CENTER ANNOTATED AGENDA October 17, 2023 Page 3 G. AWARD CONTRACT FOR GOODS AND SERVICES FOR TRAFFIC SIGNAL EQUIPMENT TO TRAFFIC CONTROL CORPORATION H. APPROVE PURCHASE OF TILT DECK TRAILER FROM LANO EQUIPMENT IX. ORDINANCES AND RESOLUTIONS A. KINSLEY TOWNHOMES (2023-08) by Pulte Homes. Second Reading of Ordinance for Planned Unit Development with Waivers and a Zoning District Change from Rural to RM-6.5 on 6.13 acres, Resolution for Site Plan Approval, Resolution for Conditional Approval of the Development Agreement. (Ordinance for PUD District Review and Zoning District Change from Rural to RM-6.5, Resolution for Site Plan Approval, Resolution for Conditional Approval of the Development Agreement) Synopsis: This is the final approval for the Kinsley Townhomes. 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. Access to the townhomes is a private drive. 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 and additional landscaping as a buffer along the east property line, and solid fencing and landscaping between the right-of-way for Valley Road and the property to the south. The applicant is requesting to rezone the property from Rural to RM-6.5. The preliminary plat includes lots for each unit and a common lot surrounding the buildings. The proposed density is 6.8 units per acre. MOTION: Move to: • Approve the Second Reading of an Ordinance for a PUD District Review with Waivers and a Zoning Change from Rural to RM-6.5 on 6.13 acres; and • Adopt a Resolution for Site Plan Review on 6.13 acres; and • Adopt a Resolution Conditionally Approving the Development Agreement for Kinsley Townhomes X. PUBLIC HEARINGS / MEETINGS A. MISTER CARWASH (2023-03) by ISG, Inc. Resolution for a PUD Concept Plan Review on 1.23 acres, First Reading of Ordinance for a PUD District Review with waivers on 1.23 acres (Resolution for PUD Concept Plan Review, Ordinance for a PUD District Review with Waivers) Synopsis: Mister Car Wash is proposing to construct a new automatic car wash ANNOTATED AGENDA October 17, 2023 Page 4 facility, replacing a Burger King restaurant building that was removed in 2022. The property is located at the intersection of Flying Cloud Drive and Prairie Center Drive. Crystal View Road forms the northern border of the site. The property is 1.23 acres and is zoned Commercial-Regional-Service and is guided Regional Commercial. The proposed car wash facility is a permitted use in the zoning district. The improvements include a 5400 sq ft car wash building, point of sale canopies, trash enclosure and vacuum equipment, and a shelter for attendants. The building materials exceed the minimum requirements. A waiver from the 35-foot front yard setback off Flying Cloud Drive is requested, 25 feet is proposed. Staff supports the waiver due to the site being surrounding on three sides by public streets, and the waiver allows the building to screen the vehicle stacking and vacuum area of the site from Flying Cloud Drive. MOTION: Move to: • Close the public hearing; and • Adopt a Resolution for a PUD Concept Plan Review on 1.23 acres; and • Approve the First Reading of an Ordinance for a PUD District Review with Waivers on 1.23 acres; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. B. PUBLIC HEARING FOR APPROVAL OF 2023 SPECIAL ASSESSMENTS, RESOLUTION APPROVING SPECIAL ASSESSMENTS Synopsis: Each year, the City Council holds a public hearing to consider levying the Special Assessments that have been identified over the previous 12 months. This year, the Council will address a list of projects and supplemental assessments for such things as trunk utility assessments, connection fees and removal of tall grass, weeds and trees. Staff recommends Council approve the list of assessments. MOTION: Move to: • Close the public hearing; and • Adopt the resolution approving all Special Assessments presented in the fall of 2023. XI. PAYMENT OF CLAIMS MOTION: Move approval of Payment of Claims as submitted (Roll Call Vote). ANNOTATED AGENDA October 17, 2023 Page 5 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: Oct. 17, 2023 DEPARTMENT / DIVISION: Jay Lotthammer, Director, Parks and Recreation ITEM DESCRIPTION: Donation from Gordon Williams family to Senior Center garden area. ITEM NO.: IV.A. Requested Action Move to: Adopt Resolution accepting the donation of $500 from the family of Gordon Williams 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 Gordon Williams, a long-time resident and Senior Center participant, was active at the senior center for many years. The garden 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 $500 to be used towards the maintenance of the Senior Center garden area from the family of Gordon William is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 17th day of October, 2023. ___________________________ Ronald A. Case, Mayor ATTEST: ___________________________ Sara Aschenbeck, Acting City Clerk CITY COUNCIL AGENDA SECTION: Proclamations and Presentations DATE: Oct. 17, 2023 DEPARTMENT / DIVISION: Jay Lotthammer, Director, Parks and Recreation ITEM DESCRIPTION: Donations from Eden Prairie Crime Prevention Fund, Cardinal Glass Industries and Flagstone Senior Living for Harvest to Halloween event ITEM NO.: IV.B. Requested Action Move to: Adopt Resolution accepting the donation of $1,400 from the Eden Prairie Crime Prevention Fund ($750), Cardinal Glass Industries ($500) and Flagstone Senior Living ($150) for the Harvest to Halloween event. Synopsis Harvest to Halloween is an annual fall city event that offers art projects, inflatables, kids games, face painting, horse-drawn carriage rides, historic house tours, pumpkin decorating and treat stations. Kids are usually dressed in their costumes. Multiple free shuttle buses allow for parking at the Flying Cloud Fields with transportation to Riley Lake Park. Donations such as this allow the City to offer special events at low or no cost to residents. 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 $1,400 to be used towards the Harvest to Halloween event from the Eden Prairie Crime Prevention Fund ($750), Cardinal Glass Industries ($500) and Flagstone Senior Living ($150) are hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 17th day of October, 2023. ___________________________ Ronald A. Case, Mayor ATTEST: ___________________________ Sara Aschenbeck, Acting City Clerk UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, OCTOBER 03, 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. NATURALLY OCCURING AFFORDABLE HOUSING (NOAH) MULTIFAMILY ACTION PLAN AND TENANT PROTECTIONS – JONATHAN STANLEY, COMMUNITY SERVICES MANAGER Getschow introduced Jonathan Stanley, Community Services Manager, to provide an update on Housing Task Force initiatives including preservation of Naturally Occurring Affordable Housing (NOAH) and tenant protections. Stanley stated NOAH is comprised of privately owned, unsubsidized multifamily housing that can’t command rents on par with recently constructed multifamily buildings due to building age, physical condition, and lack of amenities. NOAH is a valuable but at risk resource being lost at local and national levels. The metro area is losing 1,300 NOAH units each year. The Arrive Eden Prairie apartments are an example of lost NOAH. A new owner purchased the building, made several upgrades, and increased rent. New ownership often comes with a decline in the quality of management, new criteria for screening residents, and pursuit of eviction without cause. The City is a high rent community and has a high stock of two bedroom and family units, qualities most at risk. At least seven multifamily properties in the City have changed ownership since 2015. Case asked if single family homes are considered NOAH. Stanley confirmed NOAH is almost exclusively categorized as multifamily rental units. Stanley explained the benefits of preserving NOAH including avoiding tenant displacement and extreme cost burdens, reducing construction waste, maintaining low debt and affordable rents, avoiding high regulation that accompanies subsidies, and preserving a high quality of life for renters in opportunity areas. The ideal structure to preserve NOAH includes a partnership of owners, operators, and developers that are mission-oriented, have a proven track record, and are looking to create a social benefit. Timing is difficult as corporations can make all cash offers to quickly purchase multifamily properties. Narayanan asked if renters ever join forces to purchase a property City Council Workshop Minutes October 3, 2023 Page 2 with assistance from their city. Stanley noted renters often lack the capital necessary to purchase a multifamily property. Stanley outlined strategies for preserving NOAH. These best practices were created after consulting non-profit developer AEON, community development financial institution Greater Minnesota Housing Fund, and staff from comparable surrounding cities. Strategies include identifying NOAH inventory ahead of time, contacting owners to gauge interest in selling to a NOAH preservation group, promoting the City’s willingness to contribute financially and technically, leveraging inspections staff to address building condition and management issues, providing investment in the form of direct equity instead of administering a loan, and ensuring local funds are ready to be deployed quickly. Stanley stated the Greater Minnesota Housing Fund raised almost $50 million to preserve NOAH funded by socially motivated investors. AEON uses its own financing power to purchase and provide capital planning. These are institutions the City would partner with to preserve NOAH. The historic $1 billion State legislature housing investment package provided $150 million for statewide NOAH preservation. Despite the large amount of capital spent the number of properties saved is relatively small. Preserving NOAH is expensive but has a clear community benefit. Stanley noted the City knows it’s existing housing stock better than a potential buyer and should strive to identify and preserve NOAH in high opportunity areas. The City should focus on preserving buildings with the following criteria: built in 1990 or earlier, a class of ‘B’ or ‘C’ as estimated by City Assessor, a minimum of 50-units, at least 60 percent of units are affordable, and a maximum estimated market value of $140 thousand per unit. An estimated 17 properties in the City meet these criteria. Example properties include Shadow Green Apartments, Sterling Ponds, and Edenvale Apartments. Modest upfront and ongoing repairs plus upgraded curb appeal is ideal, but large scale improvements are prohibitive to saving NOAH. Stanley stated a thorough and accurate needs assessment must be commissioned before purchasing NOAH. New owners might rush to purchase and preserve NOAH and then find costly necessary repairs detrimental to keeping rent low. Low quality NOAH is less likely to be threatened due to expensive investments necessary to bring to market standards. Nelson asked if City inspectors keep low quality buildings from deteriorating. Stanley stated that is correct, but in-unit inspections might not address large scale building condition. Gerber added the City has over 11,500 inspectable occupancies. There aren’t any inspectable multifamily occupancies considered unlivable. The City utilizes both recurring, preventative inspections and complaint-based inspections. Stanley stated the Housing Task Force recommends Council take the following actions: • Approve the Housing Task Force action plan report, • Direct Staff to contact property owners to gauge interest in selling, City Council Workshop Minutes October 3, 2023 Page 3 • Direct Staff to submit a legislative request to move pooled Tax Increment Financing (TIF) into the Affordable Housing Trust Fund, • Direct Staff to apply for a State match for affordable housing trust funds when available, and • Pass a tenant protection ordinance protecting residents from unexpected ownership turnover. Narayanan inquired if a new owner would be prevented from reselling a property for a profit if they received financing assistance from the City. Stanley responded the organizations the City would partner with are mission-oriented with a long history of commitment to community benefit and would not resell NOAH for profit. Stanley outlined the draft tenant protection ordinance for the City, which would serve as a backstop if NOAH could not be preserved. Tenants would be protected from rent increases, re-screening using new eligibility criteria, and eviction without cause. Notice must be provided to the City and tenants within 30 days of rental license application. Tenants would receive a 90 day protection period to find new housing if they cannot afford the increased rent. Brooklyn Center, Bloomington, Golden Valley, St. Louis Park, and Richfield have enacted tenant protection ordinances. Case inquired when the 90 day period would begin. Neuville responded upon issuance of the rental license. Case asked who is responsible for notifying the tenants when the building is purchased. Neuville responded the landlord is responsible. Stanley noted noncompliance with the tenant protection ordinance could be cause for suspension or revocation of a rental license. Case asked if surrounding cities are having success with tenant protection ordinances. Stanley stated he has not heard of any new owners unwilling to comply, or instances where a city has imposed fines for noncompliance. Case asked when surrounding cities enacted tenant protection ordinances. Stanley said four to five years ago. Case stated 90 days was not a long period of time for tenants to find new housing. It would also disrupt school years for school aged children. Narayanan inquired if the EP Foundation is involved with affordable housing. Stanley stated the Foundation is working on a campaign to destigmatize affordable housing stereotypes. Toomey asked if Edendale would qualify as NOAH. Stanley specified Edendale is not considered NOAH as it is project-based section eight housing. Narayanan noted many of the Edendale residents were not originally from Eden Prairie, and asked if the City could give priority to applicants from Eden Prairie. Stanley responded those types of strategies are often incompatible with fair housing laws. Getschow asked if the Council would like to vote on a tenant protection ordinance. Case stated he is comfortable voting on a tenant protection ordinance but would like more information before deciding on a NOAH action plan. Case asked Staff to prepare a case study on Foutain Place, a NOAH building which sold five years ago. Case noted his interest in how management quality, building quality, and rent changed after the sale. If a new owner upgrades the property and raises rent, the rent may again return to an affordable level after a few years due to building age without City intervention. Stanley stated Case’s speculation regarding NOAH properties again becoming City Council Workshop Minutes October 3, 2023 Page 4 affordable after a change in ownership was interesting, and he would compile research for the Council. Freiberg asked if the City has a plan to save affordable single family homes. Case added out of state corporations purchasing affordable single family homes is increasingly problematic. Getschow noted there is a growing number of out of state companies purchasing single family homes as rental properties. Gerber stated the City has the option to inspect any property with a rental license. All units are inspected upon application for a rental license, and then on a five year rotation afterwards. If the City receives a complaint the unit is inspected sooner. The City is extremely focused on education before resorting to levying fines for noncompliant rental owners. Nelson questioned if the City could shorten the time between inspections. Case asked if out of state owners or corporate owners could be inspected more frequently. Neuville noted those are both possibilities. Tenant education is also important as State law has many tenant protections. Narayanan asked if neighbors could complain about a run down rental property. Gerber noted it is more difficulties if the complaint comes from an individual not occupying the unit, however there are ordinances regarding outside appearance that can be used to allow a City inspector inside a rental unit. Case noted the Council had reached a consensus about voting on a tenant protection ordinance. The Council would also like further information on surrounding cities tenant protection ordinances. Narayanan asked for an update on the progress of affordable housing task force items. Stanley stated the tenant protection ordinance and NOAH action plan was the third and fourth of the seven identified action areas. Narayanan stated it is important to communicate progress to the public. The Council thanked Stanley for his time. Open Podium - Council Chamber (6:30) II. OPEN PODIUM III. ADJOURNMENT UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, OCTOBER 3, 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. ALEXANDRA ALLEN AND NICO ALLEN, NATIONAL AWARD RECIPIENTS OF UNSUNG HERO PROJECT Getschow introduced the item and invited Kathie Case and Tom Achartz of the Eden Prairie Historical Society to continue the presentation. Kathie Case summarized the history of her relationship with the Allen family. She thanked the family for sharing the documentary about the Eden Prairie resident Agnes Láckovič. Tom Achartz shared the history of the Unsung Hero Project and the qualifications for the National Award. Sasha Allen won the Discovery Award in both 2021 and 2023. Nico Allen won an Honorable Mention award. Nico Allen shared his website project website, “A Man of Conviction: How Aristides de Sousa Mendes Saved 30,000 People From the Nazis.” The project details how, in June 1940, Portugal’s consul in Bordeaux defied orders to illegally issue visas to 30,000 people, 10,000 of whom were Jews. Despite this bravery, Sousa Mendes faced severe consequences, died in poverty, and remains largely unrecognized. He played a short clip of a man who was saved by Aristides de Sousa Mendes. CITY COUNCIL MINUTES October 3, 2023 Page 2 Sasha Allen’s project was “3-6-9 Kid: How Child Spy Agnes Láckovič Saved Hundreds from the Nazis.” The film chronicles the heroic efforts of teenage World War II spy Agnes Láckovič, who thwarted Nazi plans using her talents and stealth. Starting at the age of 14, Czechoslovakian-born Láckovič became an Allied spy in Munich, Germany. Case presented Sasha and Nico Allen with the certificates. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Toomey moved, seconded by Narayanan, to approve the agenda as published. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, SEPTEMBER 19 , 2023 B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 19, 2023 MOTION: Narayanan moved, seconded by Toomey, to approve the minutes of the Council workshop held Tuesday, September 19, 2023, and the City Council meeting held Tuesday, September 19, 2023, as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK’S LIST B. ADOPT RESOLUTION NO. 2023-96 ENDORSING FUNDING APPLICATION FOR DELL ROAD IMPROVEMENTS C. AWARD CONSTRUCTION CONTRACT TO MINGER CONSTRUCTION CO, INC. FOR RECONDITIONING SANITARY SEWER LIFT STATIONS NO. 1, 13, AND 15 D. APPROVE PURCHASE OF TWO LIFT STATION CONTROL PANELS FROM SJE, INC. E. AUTHORIZE PURCHASE OF SHADE STRUCTURES FOR RILEY LAKE COURTS FROM ST. CROIX RECREATION MOTION: Nelson moved, seconded by Freiberg, to approve Items A-E on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS / MEETINGS CITY COUNCIL MINUTES October 3, 2023 Page 3 A. ADOPT RESOLUTION NO. 2023-97 VACATING PART OF L1, B1, MENARD 8TH ADDITION DRAINAGE AND UTILITY (D&U) EASEMENTS Getschow explained the property owner has requested a vacation of part of the drainage and utility easements as dedicated on Lot 1, Block 1, Menard 8th Addition, Hennepin County, Minnesota to facilitate the building of a new gate structure that will replace the current guard house. The Council approved the project on September 5, 2023. There were no comments from the audience. MOTION: Freiberg moved, seconded by Narayanan, to close the public hearing, and to adopt Resolution No. 2023-97 vacating drainage and utility easements lying over, under, and across Lot 1, Block 1, Menard 8th addition. Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Toomey moved, seconded by Narayanan, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey and Case voting “aye.” XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Narayanan moved, seconded by Nelson, to adjourn the meeting. Motion carried 5-0. Mayor Case adjourned the meeting at 7:26 p.m. Respectfully submitted, ________________________ Sara Aschenbeck, Admin Support Specialist - 1 - CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: Oct. 17, 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 New On-Sale Wine with Strong Beer & 3.2 Beer License Licensee name: NPB Financial LLC DBA: X-Golf Eden Prairie 12577 Castlemoor Drive Approval is contingent upon passing final inspections and receiving approval by MN Department of Public Safety – Alcohol & Gambling Enforcement and Hennepin County Health CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: Oct. 17, 2023 DEPARTMENT/DIVISION: Community Development/Planning Julie Klima/Sarah Strain ITEM DESCRIPTION: Three Oaks Estates ITEM NO.: VIII.B. Requested Action Move to: • Approve the 2nd Reading of the Ordinance for a Zoning District Change from Rural to R1-9.5 and Parks and Open Space on 5.06 acres; • Approve the Development Agreement for Three Oaks Estates. Synopsis This is the final approval of the development agreement and plans for Three Oaks Estates. The property is located at 9614 Crestwood Terrace. The applicant is proposing to develop the property into five (5) single-family lots and one (1) outlot. The applicant is requesting to rezone the buildable lots from Rural to R1-9.5. Outlot A will be deeded to the City, and the City is requesting the Outlot be rezoned to Parks and Open Space. The property is surrounded by single-family development. The project is consistent with the Low-Density Residential guiding and density. Background On September 19, 2023, the City Council approved the 1st Reading of the Ordinance for a Zoning District Change for Three Oaks Estates, approved the Preliminary Plat, adopted a resolution for the Findings of Fact in support of Park Dedication Fees, and directed staff to prepare a Development Agreement. The 120-Day review period expires on November 22, 2023. Attachments 1. Ordinance for a Zoning District Change 2. Ordinance Summary 3. Development Agreement 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 October 17, 2023, entered into between 5H Holdings, LLC, and the City of Eden Prairie, and which Agreement are hereby made a part hereof. Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 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 17th day of October, 2023. ATTEST: _____________________________ _____________________________ Sara Aschenbeck, Acting City Clerk Ronald A. Case, Mayor PUBLISHED in the Sun Sailor on October 26, 2023. 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 THREE OAKS ESTATES CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF 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 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land located at 9614 Crestwood Terrace from the Rural Zoning District to the R1-9.5 and Parks and Open Space Zoning Districts. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: ___________________________ _____________________________ Sara Aschenbeck, Acting City Clerk Ronald A. Case, Mayor PUBLISHED in the Sun Sailor on October 26, 2023. (A full copy of the text of this Ordinance is available from City Clerk.) CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: Oct. 17, 2023 DEPARTMENT/DIVISION: Jay Lotthammer, Parks and Recreation Director ITEM DESCRIPTION: Hennepin County Youth Sports Grant Proposal – Round Lake Park Hardcourt Rehabilitation ITEM NO.: VIII.C. Requested Action Move to: Adopt the resolution authorizing staff to submit a grant request to the Hennepin County Youth Sports Grant Program for the 2024 Round Lake Park Hardcourt Rehabilitation project. Synopsis Hennepin County is seeking local government units (LGU) interested in developing facilities for amateur sports or recreation. Legislation authorizing the building of a new Twins stadium allows Hennepin County to grant up to $2 million dollars each grant cycle to Hennepin County communities to assist with developing these facilities. These grants will be made through the Hennepin Youth Sports Program. To apply for the grant, it must be submitted by a local government organization and a council resolution authorizing the submission of the grant application is required. Staff would complete the application and oversee the construction if the award is successful. Funding received from the grant would cover up to $250,000. Background The purpose of these grants is to allow municipalities, park districts and school districts to create, expand or improve sport or recreational facilities to enhance opportunities for athletics and recreation. No grant awards may be used for ongoing expenses, such as programming services or operating and maintaining the facilities. The criteria considered in evaluating grant applications includes need for facility, including recognizing that many changes in youth sports and activities have occurred in the more densely populated cities of Hennepin County, equitable distribution throughout the county, leveraging non-Hennepin County funds and in-kind contributions, sustainability, including ongoing operating funds and inclusion of environmental improvements. If awarded, these grant funds will be used at Round Lake Park to rehabilitate the hard-court facility. The project will include the removal and replacement of aging bituminous, new sport court acrylic surfacing, new fencing fabric surrounding and dividing the courts, new gates, and new net posts & anchors. Attachment: Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. ____-2023 RESOLUTION AUTHORIZING SUBMISSION TO HENNEPIN YOUTH SPORTS GRANT PROGRAM FOR ROUND LAKE PARK HARDCOURT REHABILITATION WHEREAS, the Hennepin County Board of Commissioners, via the Hennepin Youth Activities Grants, provides for capital funds to assist local government units of Hennepin County for the development of sports or recreational facilities, and WHEREAS, the City of Eden Prairie (local government unit, hereinafter LGU) desires to develop Round Lake Park Hardcourt Rehabilitation (name of project, hereinafter PROJECT). NOW, THEREFORE BE IT RESOLVED BY THE Eden Prairie City Council of the LGU: I. The estimate of the total cost of developing PROJECT shall be $500,000. The LGU is requesting $250,000 from the Hennepin Youth Activities Grants program and will assume responsibility for providing matching funds of $250,000. II. The City of Eden Prairie is the owner of the property where the PROJECT is located. The City of Eden Prairie will own the property where PROJECT is located for at least the functional life of the facility, which is estimated to be 20 years. The PROJECT may not be converted to a non-public or non-recreational uses within this time period without the approval of Hennepin County. [NOTICE: If the LGU will not be the owner of the property, a Covenant between the LGU and the owner must be executed. Please refer to other program materials for the requirements of the covenant.] III. The City of Eden Prairie agrees to assume one hundred (100) percent of operational and maintenance costs for PROJECT. The City of Eden Prairie will operate PROJECT for its intended purpose as stated in the PROJECT application for the functional life of the facility. IV. LGU agrees to enter into necessary and required agreements with Hennepin County for the specific purpose of developing PROJECT and managing its long-term operation. V. That the Park and Recreation Director is authorized and directed to execute the application for the Hennepin Youth Activities Grants program. CERTIFICATION I hereby certify that the foregoing resolution is a true and correct copy of the resolution presented to and adopted by the Eden Prairie City Council at a duly authorized meeting thereof held on the 17th day of October, 2023, as shown by the minutes of said meeting in my possession. ADOPTED by the Eden Prairie City Council on this 17th day of October, 2023. ATTEST: Ronald A Case, Mayor Sara Aschenbeck, Acting City Clerk CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: Oct. 17, 2023 DEPARTMENT/DIVISION: Administration Rick Clark, Facilities ITEM DESCRIPTION: Snow and Ice Management Services ITEM NO.: VIII.D. Motion Move to: Approve the Standard Agreement for Contract Services with Excel Lawn & Landscape for Snow and Ice Management Services. Synopsis Staff recommends entering into a Standard Agreement for Contracted Services with Excel Lawn & Landscape for Snow and Ice Management Services at our City Center and Fire Station 1 locations. Pricing is per snow event with an annual budgeted amount of $139,000. Background Snow and Ice Management RFP was sent to 2 contractors with 2 contractors submitting. The recommended contractor is the lowest bidder, has worked with the city previously and shares the City’s initiative of salt reduction while maintaining a high level of service. The contractor also participates in Minnesota Pollution Control Agency’s environmental certifications and Smart Salt trainings demonstrating a focus on Sustainability via decreasing salt usage and management. Bid Summary and Recommendation The summary of the submitted is as follows: Service Description Excel Lawn & Landscape Groom and Bloom Snow Event 1”-3” $4,668.75 $5,235.63 Snow Event 3.1”-6” $6,769.69 $7,329.88 Snow Event 6.1”-9” $9,139.08 $9,895.34 Snow Event 9.1”-12” $11,880.80 $12,863.90 Attachment Standard Agreement for Contract Services with Excel Lawn & Landscape 2017 06 01 Agreement for Contract Services This Agreement (“Agreement”) is made on the 17th day of October, 2023, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Excel Lawn & Landscap LLC, a Minnesota corporation (hereinafter "Contractor") whose business address is 3615 Elmwood Place Minnetonka, MN 55340. Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of services by Contractor for Snow and Ice Management Services hereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Scope of Work. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Effective Date and Term of Agreement. This Agreement shall become effective as of October 17, 2023 and ending on May 31, 2024. 3. Obligations of Contractor. Contractor shall conform to the following obligations: a. Contractor shall provide the materials and services as set forth in Exhibit A. b. Contractor and its employees will park in service areas or lots and use entries and exits as designated by City. Contractor’s personnel will contact the appropriate person (i.e. receptionist, maintenance personnel, security, etc,) immediately upon entering the building, and will sign in and out if required by City. c. Care, coordination and communication by Contractor is imperative so that guests and employees in the buildings are not disturbed or inconvenienced during the performance of the contracted services. d. Contractor’s personnel must be neat appearing, wear a uniform and badge that clearly identifies them as a service contractor, and abide by City’s no smoking policies. e. Contractor must honor the City’s request to reassign an employee for cause. Cause may include performance below acceptable standards or failure to present the necessary image or attitude, in the judgment of the owner, to present a first class operation. Standard Agreement for Contract Services 2017 06 01.01 Page 2 of 11 f. When necessary, Contractor’s personnel will be provided with keys or access cards in order to perform their work. Any lost keys or cards that result in rekeying a space or other cost to the City will be billed back to the Contractor. 4. City’s Obligations. City will do or provide to Contractor the following: a. Provide access to City properties as appropriate. b. Provide restroom facilities as appropriate. 5. Compensation for Services. City agrees to pay the Contractor for work rendered pursuant to this Agreement and as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 6. Method of Payment. a. Contractor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City. b. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: “I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid.” c. No fuel surcharges or surcharges of any kind will be accepted nor will they be paid. 7. Project Manager. The Contractor shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the Project Manager without the approval of the City. Standard Agreement for Contract Services 2017 06 01.01 Page 3 of 11 8. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 9. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products- Standard Agreement for Contract Services 2017 06 01.01 Page 4 of 11 completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. e. All policies, except the Worker’s Compensation Policy, shall name the “City of Eden Prairie” as an additional insured. f. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations. g. All polices shall contain a waiver of subrogation in favor of the City. h. All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver of subrogation in favor of the City. i. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Agreement. j. Contractor agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. k. It shall be Contractor’s responsibility to pay any retention or deductible for the coverages required herein. l. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor’s Work. Upon request a copy of the Contractor’s insurance declaration Standard Agreement for Contract Services 2017 06 01.01 Page 5 of 11 page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City’s right to enforce the terms of Contractor’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 10. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Contractor harmless from and against any Standard Agreement for Contract Services 2017 06 01.01 Page 6 of 11 loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 11. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Agreement and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Agreement, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Agreement, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY’S REMEDY OR THE CONTRACTOR’S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials. The Contractor shall post bonds to secure the warranties. 12. Termination. a. This Agreement may be terminated at any time by either party for breach or non- performance of any provision of this Agreement in accordance with the following. The party (“notifying party”) who desires to terminate this Agreement for breach or non-performance of the other party (“notified party”) shall give the notified party notice in writing of the notifying party’s desire to terminate this Agreement describing the breach or non-performance of this Agreement entitling it to do so. The notified party shall have five (5) days from the date of such notice to cure the breach or non-performance. Upon failure of the notified party to do so, this Agreement shall automatically terminate. b. Upon the termination of this Agreement, whether by expiration of the original or any extended term or terms hereof, or for any other reason, Contractor shall have the right, within a reasonable time after such termination to remove from City’s premises any and all of Contractor’s equipment and other property. Except for liability Standard Agreement for Contract Services 2017 06 01.01 Page 7 of 11 resulting from acts or omissions of a party, arising, taken or omitted prior to such termination, the rights and obligations of each party resulting from this Agreement shall cease upon such termination. Any prior liability of a party shall survive termination of this Agreement. c. In the event of dissolution, termination of existence, insolvency, appointment of a receiver, assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency law, or the service of any warrant, attachment, levy or similar process involving Contractor, City may, at its option in addition to any other remedy to which City may be entitled, immediately terminate this Agreement by notice to Contractor, in which event, this Agreement shall terminate on the notice becoming effective. 13. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. Standard Agreement for Contract Services 2017 06 01.01 Page 8 of 11 16. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Contractor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive Standard Agreement for Contract Services 2017 06 01.01 Page 9 of 11 consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Contractor under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Contractor shall comply with Standard Agreement for Contract Services 2017 06 01.01 Page 10 of 11 those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Agreement shall contain similar Data Practices Act compliance language. 30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE __________________________________ Ronald A. Case, Its Mayor ___________________________________ Rick Getschow, Its City Manager CONTRACTOR By: ________________________________ Its: _______________________________ Standard Agreement for Contract Services 2017 06 01.01 Page 11 of 11 Exhibit A CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: Oct. 17, 2023 DEPARTMENT/DIVISION: Matt Bourne, Parks and Natural Resources Manager, Parks and Recreation ITEM DESCRIPTION: Accept Proposals and Award Contract for Treatment of Ash Trees (2024-2026) to Rainbow Treecare ITEM NO.: VIII.E. Motion Move to: Accept quote and authorize entering a Contract for Goods and Services with Rainbow Treecare for the Ash Tree Injection Services (2024-2026) for public trees at an estimated cost of $89,219.60. Synopsis As part of the ongoing EAB Management Plan, staff is proposing to continue to chemically treat approximately 1000 ash trees located on City property. In 2018, Council approved a contract with Rainbow Treecare to begin treating ash trees. The Council approved continuing the contract in 2020 for the next three years. The proposed ash trees were treated over a three-year treatment period, with approximately 1/3 being treated every year. Studies have shown that trees must be treated at a minimum of every three years to be effective in the control of EAB. This contract would continue the chemical applications for an additional three years. Background Staff have been monitoring the disease progression of emerald ash borer (EAB) since the discovery in 2018. Continuing to follow our management strategies set forth in our EAB Management Plan to utilize both treatment and removal, the City can spread the cost, environmental impacts, and liabilities associated with EAB over a longer period. Staff solicited bids from four contractors and received quotes from two: Rainbow Treecare and ShadyWood. The 2024 treatments costs of this contract will be covered by the DNR Protect Community Forests Grant. Another DNR grant, the ReLeaf Community Forestry Grant was applied for this fall to cover the cost of the 2025 and 2026 treatments. Results of this grant will be known by January 1, 2024. Bid Results Trees <20” Trees 20” + Rainbow Treecare $3.90/in $4.10/in Davey Tree $4.95/in $6.40/in Attachment Contract 1 | Page City of Eden Prairie, MN Ash Tree Injection Services (2024-2026) Bid Request Overview: The City of Eden Prairie is requesting bids from qualified contractors to provide the Parks and Recreation Department with a proposal to provide trunk injection services for ash trees growing on City properties and private properties. Specifications: All submissions must comply with the specifications within this request. Instructions: Bids may be submitted via hardcopy or email. Proposals must be marked “Ash Tree Injection Services” and addressed to Karli Wittner, Forestry and Natural Resources Supervisor, 15150 Technology Dr, Eden Prairie, MN 55344; or emailed to kwittner@edenprairie.org. Please include Company Name, Title, Address and Contact Phone Number. The City reserves the right to reject any or all proposals, to waive technicalities, and to select a contractor based upon the best interests of the City. No proposal may be withdrawn for a period of sixty days after the due date. Bid submissions must be submitted by the deadline to be considered. Submission Deadline: Bid submissions must be submitted no later than noon on September 13, 2023 Location: 15150 Technology Dr, Eden Prairie, MN 55344 City Project Manager: Karli Wittner Forestry and Natural Resources Supervisor 952.949.8463 kwittner@edenprairie.org 2 | Page Bid Request – Exhibit A I. GENERAL PROVISION A. Request for Bids The City of Eden Prairie is requesting bids from professional tree service contractors to provide tree injection services for ash trees on City property (parks and right-of-way (ROW)) and private property over a three (3) year period (2024-2026). The intent of this contract is to select a Contractor who has the technical, advertising, capacity, and experience to treat an estimated 300-450 publicly owned ash trees and an estimated 2,000 privately owned ash trees in Eden Prairie on an annual basis. Trees to be treated on City property will be provided to the Contractor by the City in the form of ArcGIS shapefiles. The Contractor needs the technical ability to be able to upload and export shapefiles into ArcGIS to determine the location of trees to be treated. The city reserves the right to increase or decrease ash tree injections on City properties at any time. The Contractor will be required to provide a bulk discount for properties in Eden Prairie to treat ash trees on private property. The Contractor must provide this bulk discount price to any property in Eden Prairie at any time of the year. The Contractor must track ash trees treated on private property through the bulk discount program and will share the number of trees treated on private property and tree locations with the City at the end of every year under this contract. The Contractor is required to provide their employees performing work under this contract with legible maps that clearly show which trees should be treated and also show neighboring trees that should not be treated for both public and privately treated trees. Additionally, the Contractor is responsible for advertising the bulk discount to private property owners in a manner approved by the City. Proposals must itemize the costs for tree injection within each area. Refer to Attachments (A), (B), and (C). Ash trees must be injected with TREE-äge®, ArborMectin, Mectinite, or other liquid formulation of 4% emamectin benzoate labeled for tree injection as approved by the City. The selected contractor will provide the appropriate injection equipment, insecticide, and trained personnel to complete the project in the time set forth in this agreement. All personnel applying chemical on this project must be MDA Certified Pesticide Applicators. Area 1- City property (right-of-way and parks) • Approximately 1130 ash trees (an estimated 22,254 diameter inches at breast height) o An estimated 1/3 of the ash trees are in parks, and 2/3 trees are in the right of way. o Ash tree injections on public property will be completed over three (3) years, with 389 completed in year one (1), 437 in year two (2), and 304 in year three (3). o The City reserves the right to increase or decrease quantities at any time. • All ash injections must be completed between June 1st- July 31st of each year. o Any variances in dates must be approved by the City. • The contractor must keep track of every tree treated. The city will need the Tree ID number, DBH, amount of chemical injected, the date of injection, cost per tree, applicator’s name, and applicators MDA applicator number for every publicly treated tree under this contract. A spreadsheet with the above information must be provided to the city before publicly owned trees can be invoiced. Once the City has received and approved the spreadsheet with the above information, the Contractor may invoice for the work. • All ash trees must be tagged immediately when treatment is complete with a tag provided by the contractor and approved by the city. 3 | Page Area 2 – Any Private Property within Eden Prairie <300” (treating 300 inches DBH and below on property) • The property owner will contact the contractor directly to initiate an inspection (free of charge), receive a quote in a timely manner, and provide permission for work. An ISA Certified Arborist must provide the inspection/consultation. • The contractor must keep track of every tree treated on private property under this contract. The city will receive a report at the end of each treatment season showing the location of private property ash trees treated under this program and the total number of private property ash trees treated under this program. Location will be shown by a physical map or by sending the city a shapefile of the privately treated trees. The ability to send a shapefile is preferred. • All ash injections must be completed between June 1st and September 30th of each year or before fall leaf color, whichever occurs sooner. Any variances in dates must be approved by the City. • All invoices will be remitted to the property owner. • With approval from the City, residents may hire the successful contractor to treat trees on public property which are not being treated by the City. This circumstance shall meet all requirements of Area 2 and the Contractor must notify the City when this occurs. Area 3 – Any Private Property within Eden Prairie >300” (treating 301 inches DBH and above on property) • The property owner will contact the contractor directly to initiate an inspection (free of charge), receive a quote in a timely manner, and provide permission for work. An ISA Certified Arborist must provide the inspection/consultation. • The contractor must keep track of every tree treated on private property under this contract. The city will receive a report at the end of each treatment season showing the location of private property ash trees treated under this program and the total number of private property ash trees treated under this program. Location will be shown by a physical map or by sending the city a shapefile of the privately treated trees. The ability to send a shapefile is preferred. • All ash injections must be completed between June 1st and September 30th of each year or before fall leaf color, whichever occurs sooner. Any variances in dates must be approved by the City. • All invoices will be remitted to the property owner. • With approval from the City, residents may hire the successful contractor to treat trees on public property which are not being treated by the City. This circumstance shall meet all requirements of Area 3 and the Contractor must notify the City when this occurs. B. Proposers A proposer must be a properly insured, respected, financially viable and have the technical, advertising, capacity, and experience to successfully bid on this project. A proposer must have been in business for at least five (5) years, with at least three (3) years of experience performing plant health care or injection treatments of a similar scope for local units of government or other public agencies. The proposer must have the ability to formulate a comprehensive marketing and education plan and materials in order to promote the program to private property owners in Eden Prairie. There must be at least one ISA certified arborist available to supervise the program and the application crew(s). All members of the application crew must be licensed Minnesota commercial pesticide applicators. The proposer must have at least one person available and proficient in ArcGIS to track public and private property ash trees under this contract. Each proposer must provide a list of three (3) municipal or public agency references. The work should not be more than five (5) years old. Refer to Attachment (D) Qualifications. 4 | Page C. Instructions for Proposal All Proposals must be: • Written in ink or typewritten on a proposal form with all requested information. • Emailed or received by the submission deadline. Questions about the proposal, selection, reporting requirements or approvals should be directed to the City Project Manager. D. Insurance Contractor provide a certificate of liability insurance, listing the City of Eden Prairie as a Certificate Holder covering all activities within the scope of the contract performed by the Contractor. The policy must have a single limit liability coverage minimum of $1,000,000.00 and meet all requirements found in 9. of the Preliminary Statement in ‘Attachment (E) – Agreement for Professional Services Contract’. Contractor must provide proof of required insurance coverage prior to starting work. E. Contract Form The contract form of agreement will be furnished by the City of Eden Prairie. The City’s contract is found in Attachment (E). F. Contractor Selection The City will select the contractor based on its evaluation of quality, experience, price and other factors it deems to be in the City’s best interest. This may not be the low bidder. The City reserves the right to reject any and all proposals. G. Contract Period, Project Completion Dates, and Meeting Requirements The contract will commence on date of contract award on January 1, 2024 and terminate on September 30, 2026 unless terminated sooner in accordance with the provisions contained in this contract. At the expiration of the initial contract term, the City, at its sole discretion may extend the contract for up to three (3) additional years. The proposal price for the optional extension years shall be, at minimum, the proposal price for 2024 adjusted by the percentage increase in the consumer price index for all urban areas (CPI-U) from December 2023 to December 2024. Both the City and the contractor must agree to such terms in writing. The tree injection period for City Trees (Area 1) will run from approximately June 1st-July 31st of each year. The tree injection period for Private Trees (Area 2&3) will run from approximately June 1st-September 30th of each year. Injections will occur on trees that have fully expanded leaves and have not reached fall senescence (fall leaf color). The City reserves the right to extend or limit the time period based on seasonal conditions. If the injection period proposed by the City cannot be met, list alternative deadlines in Attachment (D) Qualifications. Prior to beginning work under this contract, the contractor must arrange for a meeting with the City Project Manager at which time specifications will be reviewed and the scheduling and progression of work will be discussed. At that meeting the contractor shall be represented by the superintendent and the individual(s) arborist(s) who will be representing the contractor during the progress of this contract. Assigned applicators may be required to provide an on-site demonstration prior to the start of the project. The Contractor will also present their comprehensive marketing and education plan and materials to the City for review during this 5 | Page meeting. The meeting must take place prior to the intended start of work and no work may commence without such a meeting. The entire project must be completed by September 30th of each year unless the City Project Manager approves an extension or alternate proposed timeline. H. Subcontractor No subcontractors will be allowed for this contract. The qualifying contractor must be capable of completing all tree injection, ArcGIS tracking, and marketing work as specified. I. Superintendence by Contractor The contractor must have a competent superintendent who is an ISA Certified Arborist supervising all application crews. The contractor must also provide an adequate and qualified staff certified by the Minnesota Department of Agriculture for the proper coordination and expediting of work under this agreement. Resumes/lists of qualifications must be included in the proposal, see Attachment (D) Qualifications for requirements. J. Basis of Payment The city will need the Tree ID number, DBH, amount of chemical injected, the date of injection, cost per tree, applicator’s name, and applicators MDA applicator number for every publicly treated tree under this contract. A spreadsheet with the above information must be provided to the city before publicly owned trees can be invoiced. Invoicing to the City may only occur once all publicly treated trees have been treated. Payment for injections on City property will be made within 30 days of acceptance of the work, based on the City’s claims list. The contractor is responsible for invoicing the property owner for tree injections on private property and collecting those payments. The City has no responsibility for the private property tree injections or any other services provided on private property. The Contractor is responsible for taking any action needed to collect any unpaid invoices with respect to these services. II. Tree Injection Specifications A. General It is the intent of these specifications to describe the tree injection program requirements for each area. (a) Area 1: City property (b) Area 2: Private property <300” (c) Area 3: Private property >300” The goals of the program are to: • Protect ash trees from emerald ash borer infestation on public property. • Provide a bulk discount through a formal City program to encourage private property owners in Eden Prairie to proactively inject their ash trees in order to preserve tree canopy. • Educate City residents about the benefits of tree injection treatments of high value ash trees as part of the City’s overall EAB management plan. 6 | Page • Collect GPS points for injected ash trees on private property. The information will be used to gauge the participation and success of the program over time. B. Equipment and Treatment Specifications Applicators must demonstrate proficiency with the injection equipment and knowledge of the products used to prevent EAB. Assigned applicators may be required to provide an on-site demonstration prior to the start of the project. A description of the contractor’s training program is required in Attachment (D) Qualifications. Industry Standards: The contractor must use work methods, safety procedures and personal protective equipment conforming to all ANSI A300, Z133 and OSHA standards in performing the work under this contract. The contractor must supply any Material Safety Data Sheets (MSDS) to the City upon request. Formulation Rates: It is the responsibility of the contractor to follow all insecticide label instructions. Any alterations in the formulations or equipment used for applications must be approved in advance by the City. In order to remain responsive to emerging research, the City reserves the right to request a change in formulation rates or application methods for the duration of the contract. Any such change and additional costs incurred would be agreed to in written correspondence between the Contractor and the City Project Manager. 1) All injections of ash trees must be with a liquid formulation of TREE-äge®, ArborMectin, Mectinite or City approved formulation of emamectin benzoate - 4%. The City may give preference to formulations that pose the lowest health risks to applicators as determined by the US EPA signal word listed on the product label. No substitutions of the formulations shall be allowed unless approved by the City. 2) All City Trees (Area 1) are to be treated every 3 years unless otherwise specified by the City. The City reserves the right to change this interval at any time in response to the latest research and pest pressure. Private Trees (Area 2&3) are proposed to be treated every 2 years. However, if homeowners request that trees be treated every 3 years, that shall be allowed but may affect the warranty on the product in the 3rd year. 3) As shown on the specified chart Attachments (A), (B), and (C) - For City trees (Area 1), the rates of injection shall be at the low rate (2.5 ml / inch DBH) for trees <20” DBH and at the medium rate (5 ml / inch DBH) for trees =>20” DBH. For private trees (Area 2&3) the same injection rates are recommended, but not required. A minimum two year warranty must be provided to private property owners - the contractor is allowed to exceed the recommended injection rate if they feel necessary to provide the warranty. 4) Injections must be made at the soil line to ensure the best distribution of the insecticide throughout the tree. Trees equal to or greater than 20 inches DBH must be injected with a Tree I.V., Q-Connect plug-less injection system, or other approved system, diluted with water as described in the product label. A pneumatic gun is not allowed in performing the injections. The contractor may have to pull back mulch, grass, or soil in order to access the soil line. Equipment: It is the responsibility of the contractor to provide all necessary equipment to complete the contract under these specifications. 1) Equipment must remain in proper operating condition throughout the term of the contract. The contractor is responsible for cleaning and providing upkeep to the injection system on a daily basis. Any maintenance issues or repairs are the sole responsibility of the contractor. 7 | Page 2) Contractor must use a high-helix drill bit and must replace the drill bits after every 100 DBH inches to maintain high efficiency. Drilled holes must be the size recommended by the injection equipment manufacturer. 3) Injection holes on ash must be drilled to a depth of approximately 1 inch below the bark to maximize delivery of chemical into ash trees. 4) All injected trees must be tagged with the year of injection clearly indicated on the tag. The contractor must provide tags for all injected trees (public and private). The tags must be of a design and type that can persist on the tree for at least 3 years and approved by the City prior to use. C. Guarantee and Warranty A minimum two year warranty must be provided for all tree injections, both City and private injections. The proposal must offer a clear written guarantee and warranty for tree injections based on contractor dictated criteria. Describe the period of time and all criteria and eligibility for ash tree injections in Attachment (E) Qualifications. If a healthy injected tree dies of EAB within the guarantee period, the contractor must uphold their agreement with the property owner as written within the proposal. The warranty may vary for City and private trees. The contractor is encouraged to consider a warranty going into the third year with an acceptable amount of tree dieback, as research suggests protection into the third year with the specified product. D. Tree Feature Class Attributes GPS points compatible with Esri’s ArcGIS Pro 3.0.3 must be collected for each private tree injected. The contractor is required to provide their own mobile device to collect and track private property ash trees injected through this program. Every effort should be made to collect x-y coordinates within 5 meters of the tree. In the event this accuracy cannot be met, horizontal accuracy of 20 meters will be accepted if verified with aerial photography to ensure the approximate location of the tree on a property. The successful proposal will highlight the contractor’s work process to ensure that data collected is accurate, efficient and accountable. E. Property Access and Notification The City shall notify private properties adjacent to ash trees in city right of way to be treated through a mailing notification. If the contractor desires to enter private property to access trees on a City owned property, it is the contractor’s responsibility to notify the underlying property owner by knocking on the door at the time of the site visit or making a phone call ahead of time. City Project Manager should be notified of the contractor’s intent on accessing a City site through private property. F. Contract Supervision and Form of Order to Proceed The City’s Forestry Division will assign trees to be treated on City property to the contractor when the program commences. The City will continuously refer property owners interested in tree injections to the contractor throughout the treatment period of June-September of each year in a format mutually agreed upon prior to the start of the program. The City will reserve the right to request locations planned for treatment during the week and conduct spot checks. 8 | Page G. Marketing Injection Program to Private Property It is the City’s intent, through this contract, to increase the number of ash trees properly treated on private property. Marketing will be a large component of this. The City will market the program in the City brochure, website, at city events, and on social media accounts. The contractor will provide the city with a comprehensive marketing and education plan and materials. The Contractor is not permitted to distribute any materials or information, door knock, or any other solicitation without prior approval from the City. It is a requirement of the contractor to have at minimum one Certified Arborist attend the City’s Arbor Day Event to assist in marketing the program and answer any questions from residents. The 2024 Arbor Day celebration is scheduled for April 27, 10am-1pm, and following Arbor Days are expected to be around the same date. Past Arbor Day events have drawn around 500 residents. The Contractor is required to set up a table with approved marketing materials at this event. H. Required Tree Inspections on Private Property On private property, prior to recommending treatment, all ash trees must be inspected by a qualified individual employed by the contractor who is an ISA Certified Arborist. There may be instances when a tree is not in suitable health or condition to recommend treatment, and the Contractor must have an individual experienced in communicating tree information to the general public. The person assigned to inspect the trees and provide resident consultation must be an ISA Certified Arborist. The individual must be qualified to diagnose emerald ash borer and have experience evaluating tree condition. Additionally, the individual must be able to explain the benefits and risks of all ash protection options, with regard to pollinators, water quality, human health, and tree health and condition. These consultations must be provided to the property owner free of charge. Refer to Attachment (D) Qualifications. I. Required Tree Inspections on Public Property The list of trees to be treated on public property have been inspected and at the time of inspection deemed suitable for treatment. A second inspection by the contractor is required before treatment to assess any unnoticed or new condition which may disqualify it from treatment. If any of the following conditions are present, the contractor shall consult with the City’s Project Manager before treating the tree. • More than 30% canopy decline • Signs of severe decay in trunk or major branches • A crack in trunk or major branch • Broken limbs larger than 4 diameter inches • Any fungal fruiting bodies on trunk • Any other condition which may make it unsuitable for treatment Applicators must have the knowledge to identify all of these conditions. J. Maps At the beginning of the contract performance period, the City will provide the Contractor with a shapefile of all trees to be treated on public property. In addition to that shapefile, the City will provide the contractor with neighboring public property ash trees that are not to be treated so as to aid the Contractor’s applicators in correctly locating the trees to be treated when in the field. 9 | Page K. Hours of Operations and Uniform Approved field working hours are 7am-7pm, Monday-Friday. Any work outside of this timeframe must be approved by the City Project Manager beforehand. All staff working on this project must wear company uniform and/or a high visibility/safety vest at all times during field operations. Every vehicle associated with the treatment program must display a company logo or name. Vehicles must be kept in a cleanly condition and uniforms must be professional and presentable. III. Evaluation and Selection In order for the submitted bid to be considered it must provide a price on Attachment A, B, & C, as well as completed Attachment D. A selection committee comprised of City staff will review submitted bids. This committee will recommend acceptance based on individual evaluations of each submission, judged on the best interests of the City (not necessarily the lowest bid) including the following factors: A. Deadline All proposals will be considered that are received no later than the date specified on in this request for proposals. Late proposals will not be considered. B. Ash Tree Injection Price Bid Form for City Owned Property See Attachment (A) for required information. C. Ash Tree Injection Price Bid Form for Private Property within Eden Prairie <300” See Attachment (B) for required information. D. Ash Tree Injection Price Bid Form for Private Property within Eden Prairie >300” See Attachment (C) for required information. E. Total Bid Price listed on Attachment (A) Total bid price is based on a weighted average price per diameter inch for both public and private trees. 60% of the Total Bid Price is based on the price for public trees, and 40% of the Total Bid Price is based on the average price for private trees. The City is not required to accept the lowest bid. The Total Bid Price is calculated as follows. (Total cost to treat all public trees/the total DBH being treated) * 0.6 = $ + ((Average cost per inch to treat (Area 2) + Average cost per inch to treat (Area 3)) / 2) * 0.4 = $ = $Total Bid Price 10 | Page F. Qualifications of Proposers See Attachment (D) for required information. G. Timeline for Completion Proposers must be able to complete all of the guaranteed treatments on City property (Area 1) by July 31st and all other ash treatments by September 30th of each calendar year during the three year contract period. All private property ash tree treatments must be completed within this proposals specified dates following the customer’s request. H. Industry Accepted Standards All work must comply with ANSI A300 industry standards and practices listed in the International Society of Arboriculture’s “Best Management Practices - Tree Injection”. I. Contact Information/Questions Questions about the selection, reporting requirements or approvals should be directed to the City Project Manager. J. Attachments A) Ash Tree Injection Price Bid Form for City Property B) Ash Tree Injection Price Bid Form for Residential Private Property C) Ash Tree Injection Price Bid Form for Home Owners Association D) Qualifications E) Agreement 11 | Page Tree Injection Services Attachment A – Ash Tree Injection Price Bid for emamectin benzoate – Public Property - Area 1 - over three year time period at the Low Rate (2.5ml/tree diameter inch) for trees < 20” DBH and Medium Rate (5ml/tree diameter inch) for trees 20”+ DBH. All tree numbers are estimates. A minimum two year warranty must be provided. Work must meet all specifications in this document. PUBLIC TREES Contractor fills out= $$$ Avg. tree DBH=18” Estimated Number Trees Estimated Total DBH Inches (A) mL/inch Unit Price $/inch (B) Total Price (A*B) Trees <20" 657 10,109 2.5 Trees 20"+ 473 12,145 5 1130 22,254 Total N/A (T1) Total bid price is based on a weighted average price per diameter inch for both public and private trees. 60% of the Total Bid Price is based on the price for public trees (T1), and 40% of the Total Bid Price is based on the average price for private trees (A1 & A2 found on Attachment B. & C.). The Total Bid Price is calculated as follows. ($________ (T1) / 16,626”) * 0.6 = $________ + (($________ (A1) + $________ (A2)) / 2) * 0.4 = $________ = Total Bid Price $____________ Name of Company: ____________________________ Authorized Signature: Date: ____________________________ ____________________________ 12 | Page Tree Injection Services Attachment B – Ash Tree Injection Price Bid for emamectin benzoate – Area 2 – Any Private Property within Eden Prairie <300” (treating 300 inches DBH and below on property) There is no guarantee on the number of trees that will be injected in this area, since the work will be initiated by private property owners. Tree injections completed for private property trees will be invoiced directly to the owner. Based on a 2010 survey, there are an estimated 50,000 ash trees (of which 30% are 12”+) in maintained areas within the City. For purposes of this proposal, you must provide a price for each diameter class. A minimum two year warranty must be provided to the property owner. The mL/inch listed for these trees are a recommendation, not a requirement-the contractor is allowed to inject at a rate they feel necessary to provide warranty. Work must meet all specifications in this document. LESS THAN 300” ON PROPERTY Contractor fills out= $$$ DBH Class mL/inch (recommendation only, not requirement) Unit Price $/inch (B) Trees <20” 2.5 Trees 20”-30” 5 Trees 30”+ 5 Average $/1” DBH* (A1) * Average $/1” DBH =Total of all Unit Prices (listed in column B) / 3 Name of Company: ____________________________ Authorized Signature: Date: ____________________________ ____________________________ 13 | Page Tree Injection Services Attachment C – Ash Tree Injection Price Bid for emamectin benzoate – Area 3 – Any Private Property within Eden Prairie >300” (treating 301 inches DBH and above on property). There is no guarantee on the number of trees that will be injected in this area, since the work will be initiated by private property owners. Tree injections completed for private property trees will be invoiced directly to the owner. Based on a 2010 survey, there are an estimated 50,000 ash trees (of which 30% are 12”+) in maintained areas within the City. For purposes of this proposal, you must provide a price for each diameter class. A minimum two year warranty must be provided to the property owner. The mL/inch listed for these trees are a recommendation, not a requirement-the contractor is allowed to inject at a rate they feel necessary to provide warranty. Work must meet all specifications in this document. MORE THAN 300” ON PROPERTY Contractor fills out= $$$ DBH Class mL/inch (recommendation only, not requirement) Unit Price $/inch (B) Trees <20” 2.5 Trees 20”-30” 5 Trees 30”+ 5 Average $/1” DBH* (A2) *Average $/1” DBH =Total of all Unit Prices (listed in column B) / 3 Name of Company: ___________________________ Authorized Signature: Date: ____________________________ ____________________________ Tree Injection Services Attachment D – Qualifications If more room is needed, please attach additional sheets to the packet. 1. List number of years in business (5 years minimum): 47 2. How many years of experience does the company have in performing plant health care or injection treatments for local units of government or other public agencies (3 years minimum): 40+ 3. List of References/Communities worked for (3 references minimum): Community Name Contact Name Phone Number Last Work Date City of Maple Grove Kelly Matzke 763-494-6365 2023 City of Lakeville Zach Jorgensen 952-985-2724 2023 City of Burnsville Brian Ulvin 952-895-4508 2023 City of St. Louis Park Mike Bahe 952-228-7584 2023 City of Brooklyn Park Greg Hoag 763-493-8350 2023 City of Wayzata Bennett Myhran 952-404-5366 2023 City of Lino Lakes Andy Nelson 651-982-2465 2023 Additional references available upon request* 4. List names of person(s) who will supervise this contract, number of years of experience, and ISA Certified Arborist number. Name Years of Experience ISA Certified Arborist Number Ryan Spencer 4 MN-4926A Danielle Asper 5 MN-4807A 5. List names of person(s) who will perform field inspections for this contract (providing estimates and tree evaluations), number of years of experience, qualifications and ISA Certified Arborist number. Name Years of Experience ISA Certified Arborist Number Jesse Belter 13 MN-4468A Dan Bird 15+ MN-4360A 6. List names of licensed Minnesota commercial pesticide applicators available for this contract and their qualifications. First Last License Number First Last License number Nathan Harvanko 20239545 Francisco Zackery 20205112 Andrew Weierke 20226663 Gann Wyatt 20226657 Leah Ramsey 20238682 Hillebrand Chase 20237691 Augustinas Bubliauskas 20239405 Hirdler Cole 20236871 Mary Fischer 20239643 Hohneke Caleb 20166429 Nathaniel Hyde 20240124 Holmes Carter 20183937 Nicholas O'Connor 20237217 Hove Misha 20224518 Ben Odette 20238591 Johnson Michael 20215844 Tree Injection Services Collin Manley 20239068 Karr Harrison 20238674 *Isaac Weber 20237754 LaCroix Angela 20198665 *Katherine (Kate) Demuth 20238681 Leahy Daniel 20235513 Jake Benbow 20216020 Lenz Evan 20203478 Cassie Cibuzar 20216645 Lopez Jesus 20212451 Harry Karr 20238674 Lundberg Robert 20206357 Adams Spencer 20228029 McAlister Breeana 20183285 Anderson Ian 20195592 Michael Johnson 20215844 Asper Danielle 20171848 Narveson Kyle 20144133 Cardenas Chase 20241954 Naumenko Rebecca 20224181 Chapman Alex 20196563 Nelson Tyler 20238970 Cibuzar Cassandra 20216645 Newkirk Samuel 20194326 Coats Chris 20216026 Quaintance Nathan 20215864 Cornwell Ashley 20199261 Redden Tre 20237696 Court Mathew 20194212 Rose Nathan 20195118 Dart Charles 20173029 Rossow Samuel 20239506 Diersen Daniel 20226045 Schoenike Paul 20108150 Dudley Henry 20217399 Soraoka Ruth 20167779 Eller Robert 20172612 Templeton Brooks 20224797 Evrard Joseph 20223863 Tonsager Luke 20215714 Zimmerman Zachary 20241800 Treptow Jack 20224107 Weierke Andrew 20226663 7. Please describe the training protocol for your applicators including length of time spent training, content, and methods you employ to ensure uniform, consistent tree protection results. Rainbow Onboarding and Orientation Training (ROOTS) EAB Technicians Outline Day 1 Length Topic Instructor Format 7:30- 11:00am Welcome to Rainbow – 30m History and Values – 90m Handbook 35m https://www.youtube.com/watc h?v=XAGBzycOV5A Deb, Leah and Dani Tree Injection Services Safety at Rainbow – 20m https://www.youtube.com/watc h?v=fAr7_g4qj3s 7:36. Harassment Training – 35m https://www.youtube.com/watc h?v=SQf7pHUI73k 11:30- 3:30pm Kit Building First Applications! Dani /Returners Day 2 Length Topic Instructor Format 7:30-7:40am 10m House Keeping Items Dani Document in Zoom Join Zoom Meeting https://zoom.us/j/93139297106 7:40-8am 20m Get Related Dani Break Out Sessions 8am-8:30am 30m RONA In The Workplace Dani PPT plus Policy Sign Off 8:30-9:30am 60m AWAIR Right To Know Dani PPT 9:30-9:40am 10m Break Time! PPT 9:40- 10:10am 30m 1. Vehicle Safety – 30m https://www.youtube.com/watc h?v=l52z6m3ofXc 2. Pre-Trip Inspection Jeff PPT 10:10- 11:40pm 90m Daily *General Location* 1. Customer Feedback Training 2. Incident Reporting Training Dani PPT 11:40- 12:10pm 30m Lunch PPT 12:10-30m ArborGold Stephanie Live Demonstration Tree Injection Services ROOTS is followed by three days of field training where new technicians conduct supervised injectfons, practfce customer service skills, and familiarize themselves with their tablet and operatfonal software. Supervised injectfons follow a “see one, do one, teach one” approach where technicians will see injectfons performed, perform injectfons themselves while supervised, and teach others how to inject trees to ensure they understand the process. Rainbow Treecare is accredited by the Tree Care Industry Associatfon, a designatfon that requires thorough annual reviews of company-wide training, safety programs and record keeping. 8. List of equipment available for this project to inject ash trees. Rainbow Treecare currently has over 70 Q-connect systems in use. We manufacture the Q-connect injectfon systems in our Minnetonka warehouse and additfonal systems can be brought into service overnight if needed. 9. Please describe the guarantee, warranty period and eligibility for ash treatments (both public and private). Rainbow Treecare Guarantees: Your ash tree will not die from an Emerald Ash Borer (EAB) infestatfon while under our guarantee. If your ash tree dies from an EAB infestatfon while under guarantee, you will be refunded your last EAB treatment cost. We will deliver treatments using research tested products using the most up to date protocols to provide for optfmal effectfveness. We will visually inspect your protected tree(s) every 1-3 years to examine for evidence of Emerald Ash Borer infestatfon. This inspectfon may take place at the tfme of re-treatment. We are available to look at your tree at any tfme should you be concerned about its conditfon. This guarantee is fully transferable to a new property owner. 12:40pm 12:40- 1:10pm 30m Tree ID Kent PPT 1:10-1:55pm 45m Injections Importance Kent PPT 1:55-2:55pm 60m History and Background of EAB Jeff H PPT 2:55-3:15pm 20m Management Meet and Greet + Closing Dani Tree Injection Services Our trunk injected Emamectfn benzoate EAB guarantee will begin upon treatment and will last for two years from the date of treatment. The guarantee will not lapse if the re-treatment has been approved prior to the expiratfon of the two-year warranty period and your account is in good standing. Rainbow Treecare reserves the right to treat ash trees with signs of infestatfon, or in a visibly infested area, without a warranty. Non-warranty status of treatments will be determined at tfme of bidding and will be clearly labeled on the treatment contract. 10. As the majority of the ash trees in the City are on private property, it is a goal of this contract to promote proper treatment of healthy ash trees in these areas. Please list how the company can assist marketing this program to property owners in Eden Prairie. Describe or include examples of previous work and any ideas to reach out to our community. Rainbow Treecare has been a natfonal leader in communicatfng the impacts of EAB since 2004. Rainbow Treecare has the ability to create co-branded, direct mail post cards informing residents of the importance of tree health in the community, and the bulk treatment discount (example attached). In additfon to physical mailers, Rainbow Treecare can create a city specific landing page for the program (example attached). Rainbow Treecare also has an existfng library of photos, informatfonal graphics, and videos that can be shared with residents on Rainbow’s social media channels, or by the City on it’s website or social media pages. Example of homeowner mailer: Tree Injection Services Example of City landing page: Tree Injection Services 11. Will the company assist in identifying neighborhoods in the City with high ash populations on private property free of charge? Will the company pay for any mailings (City approved) to market the program? How much would the company be willing to spend on this? RTC can utflize its GIS database to identffy areas within the city with high populatfons of ash on private property free of charge. RTC can pay for direct mailers to market the program. This includes design work, printfng costs, and postage. RTC antfcipates mailing a mailing list of approximately 18,000 post cards and a financial contributfon of approximately $10,000 per year to facilitate the direct mail campaign. 12. Does the company have the necessary tools, equipment, and staff to inventory injected trees and collect data to comply with the specifications? Please describe how your company plans to do this and what software you will utilize to perform data collection. Yes. RTC utflizes both an enterprise ArcGIS platiorm and ArborGold operatfonal software to plot tree points, export/analyze data, and maintain treatment records for every EAB injectfon performed as an organizatfon. RTC is able to send/receive tree data as a Shapefile, File Geodatabase, or Microsoft Excel spreadsheet. 13. Please list qualified staff available and briefly describe at least 2 tree inventory (GPS/GIS) projects completed by the company. All Rainbow Treecare EAB injectfon technicians (70+) track individual tree treatments using mobile tablets synced with our ArborGold software platiorm. Our technician workflow tracks tree DBH updates, date, tfme, product used, and product volume for all ash tree injectfons regardless of ownership (public or private). In 2022, Rainbow Treecare EAB technicians tracked the treatment of over 33,000 ash trees. Davin Shokes, Manager of GIS Systems: Mr. Shokes will manage inventory data and provide maps and tables for the Project. As GIS Manager, Mr. Shokes has developed applicatfons and mobile workflows to help commercial and municipal entftfes manage large tree populatfons. Mr. Shokes was awarded a Bachelor of Science Degree in Forest and Natural Resource Management with Urban & Community Forestry Specializatfon from the University of Minnesota and has a strong understanding of statfstfcs, geodatabase administratfon, and enterprise level software compatfbilitfes. Rainbow Treecare example projects Tree Injection Services City of Burnsville Ash Tree Treatment Project with Example Data Collected Rainbow Treecare example projects (continued) City of White Bear Lake ROW and Park Ash Tree Inventory 14. Can the company perform tree injections from approximately June 1st through September 30th each year during the contract period? If not, please note alternate timelines below. Tree Injection Services Yes. 15. Can the company complete all tree injections on Public Property (Area 1) within June 1st-July31st each year during the contract period? If not, please note alternate timelines below. Yes. 16. How many tree injections can the company complete in one day for this project (estimated)? 100 19 | Page Tree Injection Services Attachment E –Agreement for Professional Services Contract By signing below the contractor agrees to meet all requirements listed as conditions and specifications of this document, along with the ‘City of Eden Prairie Requirements for Contract Services’ found below. If the City accepts the proposed bid, a City representative will sign below and return to the company, making this a formal contract. City of Eden Prairie Requirements for Contract Services Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of services by Contractor for the above ‘City Of Eden Prairie Ash Tree Injection Services’ hereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Scope of Work. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Effective Date and Term of Agreement. This Agreement shall become effective as of the date both the City and Contractor sign the contract. Work shall be completed by October 1, 2026. 3. Obligations of Contractor. Contractor shall conform to the following obligations: a. Contractor shall provide the materials and services as set forth in Exhibit A. Contractor signs at time of bid. _______________________________ _________________________ Legal Name of Company Phone _______________________________ __________________________ Legal Address of Company Email Authorized By_________________________________________ Authorized Company Representative (Name) Authorized By_________________________________________ _______________________ Authorized Company Representative (Signature) Date City fills out after accepting bid. Authorized By_________________________________________ City of Eden Prairie Representative (Name) Authorized By_________________________________________ _______________________ City of Eden Prairie Representative (Signature) Date 20 | Page b. Contractor and its employees will park in service areas or lots and use entries and exits as designated by City. Contractor’s personnel will contact the appropriate person (i.e. receptionist, maintenance personnel, security, etc.) immediately upon entering the building, and will sign in and out if required by City. c. Care, coordination and communication by Contractor is imperative so that guests and employees in the buildings are not disturbed or inconvenienced during the performance of the contracted services. d. Contractor’s personnel must be neat appearing, wear a uniform and badge that clearly identifies them as a service contractor, and abide by City’s no smoking policies. e. Contractor must honor the City’s request to reassign an employee for cause. Cause may include performance below acceptable standards or failure to present the necessary image or attitude, in the judgment of the owner, to present a first class operation. f. When necessary, Contractor’s personnel will be provided with keys or access cards in order to perform their work. Any lost keys or cards that result in rekeying a space or other cost to the City will be billed back to the Contractor. 4. City’s Obligations. City will do or provide to Contractor the following: a. Provide access to City properties as appropriate. 5. Compensation for Services. City agrees to pay the Contractor as listed on ‘‘City Of Eden Prairie Ash Tree Injection Services” as full and complete payment for the labor, materials and services rendered pursuant to this Agreement and as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 6. Method of Payment. a. Contractor shall prepare and submit to City itemized invoices setting forth work performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City. b. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: “I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid.” c. No fuel surcharges or surcharges of any kind will be accepted nor will they be paid. 7. Project Manager. The Contractor shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the Project Manager without the approval of the City. 8. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 21 | Page 9. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. e. All policies, except the Worker’s Compensation Policy, shall name the “City of Eden Prairie” as an additional insured. f. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations. g. All polices shall contain a waiver of subrogation in favor of the City. h. All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver of subrogation in favor of the City. i. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Agreement. j. Contractor agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. k. It shall be Contractor’s responsibility to pay any retention or deductible for the coverages required herein. l. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten (10) days’ prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. 22 | Page n. A copy of the Contractor’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor’s Work. Upon request a copy of the Contractor’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City’s right to enforce the terms of Contractor’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 10. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 11. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Agreement and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Agreement, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Agreement, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY’S REMEDY OR THE CONTRACTOR’S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any 23 | Page damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials. The Contractor shall post bonds to secure the warranties. 12. Termination. a. This Agreement may be terminated at any time by either party for breach or non-performance of any provision of this Agreement in accordance with the following. The party (“notifying party”) who desires to terminate this Agreement for breach or non-performance of the other party (“notified party”) shall give the notified party notice in writing of the notifying party’s desire to terminate this Agreement describing the breach or non-performance of this Agreement entitling it to do so. The notified party shall have five (5) days from the date of such notice to cure the breach or non-performance. Upon failure of the notified party to do so, this Agreement shall automatically terminate. b. Upon the termination of this Agreement, whether by expiration of the original or any extended term or terms hereof, or for any other reason, Contractor shall have the right, within a reasonable time after such termination to remove from City’s premises any and all of Contractor’s equipment and other property. Except for liability resulting from acts or omissions of a party, arising, taken or omitted prior to such termination, the rights and obligations of each party resulting from this Agreement shall cease upon such termination. Any prior liability of a party shall survive termination of this Agreement. c. In the event of dissolution, termination of existence, insolvency, appointment of a receiver, assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency law, or the service of any warrant, attachment, levy or similar process involving Contractor, City may, at its option in addition to any other remedy to which City may be entitled, immediately terminate this Agreement by notice to Contractor, in which event, this Agreement shall terminate on the notice becoming effective. 13. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, 24 | Page 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 Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Contractor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions. 25 | Page a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Contractor under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Agreement shall contain similar Data Practices Act compliance language. 30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. Executed as of the day and year first written above. CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: Oct. 17, 2023 DEPARTMENT/DIVISION: Matt Bourne, Parks and Natural Resources Manager ITEM DESCRIPTION: Approve Agreement for Contracted Services with Valley Rich for Utility Installation at the Outdoor Center ITEM NO.: VIII.F. Motion Move to: Accept the proposal and approve the Agreement for Contracted Services with Valley Rich for the installation of water and sanitary sewer lines at the Outdoor Center in the amount of $44,750.00. Synopsis The City in recent years has renovated the Animal Junction building at the Outdoor Center to provide additional classroom space to accommodate the increase in camps and activities. Staff is now proposing water and sewer lines be brought to the building so that a bathroom can be added to the space. Staff solicited bids from multiple contractors, but Valley Rich was the only one to provide pricing with the others declining. Pricing from Valley Rich is in line with other similar projects the City has recently completed and so staff recommends approving this agreement. Funding for this project is budgeted in the Capital Improvement Plan through the Park Improvement Fund. Attachment Agreement for Contracted Services with Valley Rich 2017 06 01 Agreement for Contract Services This Agreement (“Agreement”) is made on the 17th day of October, 2023, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Valley Rich Co., Inc., a Minnesota Corporation (hereinafter "Contractor") whose business address is 147 Jonathan Blvd N #4 Chaska, MN 55318. Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of services by Contractor to install new sanitary service and water service to the Animal Junction building hereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Scope of Work. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Effective Date and Term of Agreement. This Agreement shall become effective as of October 17, 2023. The Work shall be completed by December 15, 2023. 3. Obligations of Contractor. Contractor shall conform to the following obligations: a. Contractor shall provide the materials and services as set forth in Exhibit A. b. Contractor and its employees will park in service areas or lots and use entries and exits as designated by City. Contractor’s personnel will contact the appropriate person (i.e. receptionist, maintenance personnel, security, etc,) immediately upon entering the building, and will sign in and out if required by City. c. Care, coordination and communication by Contractor is imperative so that guests and employees in the buildings are not disturbed or inconvenienced during the performance of the contracted services. d. Contractor’s personnel must be neat appearing, wear a uniform and badge that clearly identifies them as a service contractor, and abide by City’s no smoking policies. e. Contractor must honor the City’s request to reassign an employee for cause. Cause may include performance below acceptable standards or failure to present the Standard Agreement for Contract Services 2017 06 01.01 Page 2 of 11 necessary image or attitude, in the judgment of the owner, to present a first class operation. f. When necessary, Contractor’s personnel will be provided with keys or access cards in order to perform their work. Any lost keys or cards that result in rekeying a space or other cost to the City will be billed back to the Contractor. 4. City’s Obligations. City will do or provide to Contractor the following: a. Provide access to City properties as appropriate. b. Provide restroom facilities as appropriate. 5. Compensation for Services. City agrees to pay the Contractor a fixed sum of $44,750 as full and complete payment for the labor, materials and services rendered pursuant to this Agreement and as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 6. Method of Payment. a. Contractor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City. b. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: “I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid.” c. No fuel surcharges or surcharges of any kind will be accepted nor will they be paid. 7. Project Manager. The Contractor shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the Project Manager without the approval of the City. Standard Agreement for Contract Services 2017 06 01.01 Page 3 of 11 8. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 9. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an Standard Agreement for Contract Services 2017 06 01.01 Page 4 of 11 insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. e. All policies, except the Worker’s Compensation Policy, shall name the “City of Eden Prairie” as an additional insured. f. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations. g. All polices shall contain a waiver of subrogation in favor of the City. h. All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver of subrogation in favor of the City. i. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Agreement. j. Contractor agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. k. It shall be Contractor’s responsibility to pay any retention or deductible for the coverages required herein. l. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor’s Work. Upon request a copy of the Contractor’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents Standard Agreement for Contract Services 2017 06 01.01 Page 5 of 11 evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City’s right to enforce the terms of Contractor’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 10. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. Standard Agreement for Contract Services 2017 06 01.01 Page 6 of 11 11. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Agreement and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Agreement, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Agreement, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY’S REMEDY OR THE CONTRACTOR’S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials. The Contractor shall post bonds to secure the warranties. 12. Termination. a. This Agreement may be terminated at any time by either party for breach or non-performance of any provision of this Agreement in accordance with the following. The party (“notifying party”) who desires to terminate this Agreement for breach or non-performance of the other party (“notified party”) shall give the notified party notice in writing of the notifying party’s desire to terminate this Agreement describing the breach or non-performance of this Agreement entitling it to do so. The notified party shall have five (5) days from the date of such notice to cure the breach or non-performance. Upon failure of the notified party to do so, this Agreement shall automatically terminate. b. Upon the termination of this Agreement, whether by expiration of the original or any extended term or terms hereof, or for any other reason, Contractor shall have the right, within a reasonable time after such termination to remove from City’s premises any and all of Contractor’s equipment and other property. Except for liability resulting from acts or omissions of a party, arising, taken or omitted prior to such termination, the rights and obligations of each party resulting from this Agreement Standard Agreement for Contract Services 2017 06 01.01 Page 7 of 11 shall cease upon such termination. Any prior liability of a party shall survive termination of this Agreement. c. In the event of dissolution, termination of existence, insolvency, appointment of a receiver, assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency law, or the service of any warrant, attachment, levy or similar process involving Contractor, City may, at its option in addition to any other remedy to which City may be entitled, immediately terminate this Agreement by notice to Contractor, in which event, this Agreement shall terminate on the notice becoming effective. 13. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and Standard Agreement for Contract Services 2017 06 01.01 Page 8 of 11 regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Contractor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all Standard Agreement for Contract Services 2017 06 01.01 Page 9 of 11 subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Contractor under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Agreement shall contain similar Data Practices Act compliance language. Standard Agreement for Contract Services 2017 06 01.01 Page 10 of 11 30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE __________________________________ Mayor ___________________________________ City Manager CONTRACTOR By: ________________________________ Its: _______________________________ Standard Agreement for Contract Services 2017 06 01.01 Page 11 of 11 Exhibit A CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: Oct. 17, 2023 DEPARTMENT/DIVISION: Carter Schulze Public Works / Engineering ITEM DESCRIPTION: I.C. 24814 Award Contract for Goods and Services for Traffic Signal Equipment, Connectivity and Support to Traffic Control Corporation ITEM NO.: VIII.G. Requested Action Move to: Award Contract for Goods and Services for Traffic Signal Equipment, Connectivity and Support to Traffic Control Corporation in the amount of $32,340.00. Synopsis Traffic Control Corporation (TCC) is a traffic signal service and support company that offers products which allow monitoring and connectivity of traffic signal systems. This contract includes the purchase of another Field Monitoring Unit which will be installed into a City owned traffic signal cabinets allowing remote access and monitoring of the cabinet using cloud-based software. In addition, this contract includes another year of connectivity and maintenance of the City’s signal systems. City staff recommends awarding the contract to Traffic Control Corporation, in the amount of $32,340.00. Background Information This will be the second year of signal maintenance and signal connectivity provided by TCC. Project Cost Summary The costs for the equipment will be a project cost included with the signal installation and the connectivity and maintenance will be shared between the signal and engineering budgets. Attachment Contract 2017 06 10 Contract for Goods and Services This Contract (“Contract”) is made on the 3rd day of October, 2023, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Traffic Control Corporation, a Minnesota Corporation (hereinafter "Vendor") whose business address is 5651 Memorial Avenue, Oak Park Heights, MN 55082. . Preliminary Statement The City has adopted a policy regarding the selection and hiring of vendors to provide a variety of goods and/or services for the City. That policy requires that persons, firms or corporations providing such goods and/or services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of goods and/or services by Vendor for Traffic Signal Equipment, Connectivity and Support and Annual Maintenance hereinafter referred to as the "Work". The City and Vendor agree as follows: 1. Scope of Work. The Vendor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A (Traffic Control Corporation Quotation Dated 10/3/23). Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Term of Contract. This contract will be effective on October 3, 2023 the date of signature by parties notwithstanding and expire on November 1, 2024. This contract 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 Vendor for the Applied Information Field Monitoring Unit and Connectivity Integration portion as described in Exhibit A. Also, the City agrees to pay the Vendor a one-year fee for Cell Connectivity and Glance Cloud Application and Annual Signal Operational Checks and MMU-Signal Monitor Recertification with total payments not to exceed $32,340.00, as full and complete payment for the goods, labor, materials and/or services rendered pursuant to this Contract and as described in Exhibit A. 4. Method of Payment. Vendor shall prepare and submit to City itemized invoices setting forth work performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. 5. Staffing. The Vendor has designated Matt Allwood and Ryan Noll as Project Managers for the Work. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Vendor may not remove or replace the designated staff without the approval of the City. 2024 TCC Signal Equipment, Connectivity and Support Page 2 of 8 6. Standard of Care. Vendor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. 7. Insurance. a. General Liability. Prior to starting the Work, Vendor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Vendor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, required by law, or the insurance coverage actually obtained by Vendor, whichever is greater. b. Vendor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products- completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. 2024 TCC Signal Equipment, Connectivity and Support Page 3 of 8 d. Vendor shall maintain “stop gap” coverage if Vendor obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. e. All policies, except the Worker’s Compensation Policy, shall name the “City of Eden Prairie” as an additional insured. f. All policies except Worker’s Compensation Policy shall name the “City of Eden Prairie” as an additional insured including products and completed operations. g. All polices shall contain a waiver of subrogation in favor of the City. h. All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver of subrogation in favor of the City. i. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Vendor under this Contract. j. Vendor agrees to maintain all coverage required herein throughout the term of the Contract and for a minimum of two (2) years following City’s written acceptance of the Work. k. It shall be Vendor’s responsibility to pay any retention or deductible for the coverage’s required herein. l. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten (10) days’ prior notice to the City. m. Vendor shall maintain in effect all insurance coverages required under this Paragraph at Vendor’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Vendor’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Vendor’s Work. Upon request a copy of the Vendor’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 Vendor 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 Vendor of any deficiencies in such documents and receipt thereof shall not relieve Vendor 2024 TCC Signal Equipment, Connectivity and Support Page 4 of 8 from, nor be deemed a waiver of, City’s right to enforce the terms of Vendor’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Vendor’s Failure to Provide Insurance. If Vendor fails to provide the specified insurance, then Vendor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Vendor, its subcontractors, agents, employees or delegates. Vendor agrees that this indemnity shall be construed and applied in favor of indemnification. Vendor 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 Vendor 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 Vendor's insurance company. Vendor will take the action required by the City within fifteen (15) days of receiving notice from the City. 8. Indemnification. Vendor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Vendor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Vendor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Vendor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 9. Warranty. The Vendor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Contract, from the date of City’s written acceptance of the Work. The City’s rights under the 2024 TCC Signal Equipment, Connectivity and Support Page 5 of 8 Vendor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity. 10. Termination. This Contract may be terminated by either party by seven (7) days' written notice delivered to the other party at the addresses written above. Upon termination under this provision if there is no fault of the Vendor, the Vendor shall be paid for services rendered until the effective date of termination. 11. Independent Contractor. At all times and for all purposes herein, the Vendor is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Vendor an employee of the City. 12. Subcontract or Assignment. Vendor shall not subcontract any part of the services to be provided under this Contract; nor may Vendor assign this Contract, or any interest arising herein, without the prior written consent of the City. 13. Services Not Provided For. No claim for services furnished by Vendor not specifically provided for in Exhibit A shall be honored by the City. GENERAL TERMS AND CONDITIONS 14. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. 15. Compliance with Laws and Regulations. In providing services hereunder, the Vendor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Contract and entitle the City to immediately terminate this Contract. 16. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. 17. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. 18. Damages. In the event of a breach of this Contract by the City, Vendor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 19. Employees. Vendor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Vendor prior to termination of this Contract and for one (1) year thereafter, without prior written consent of the former employer in each case. 2024 TCC Signal Equipment, Connectivity and Support Page 6 of 8 20. Enforcement. The Vendor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract. 21. Entire Contract, Construction, Application and Interpretation. This Contract is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 22. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 23. Non-Discrimination. During the performance of this Contract, the Vendor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Vendor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Vendor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Vendor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 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. 2024 TCC Signal Equipment, Connectivity and Support Page 7 of 8 26. Services Not Provided For. No claim for services furnished by the Vendor not specifically provided for herein shall be honored by the City. 27. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 28. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Vendor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Vendor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Contract is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Vendor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Vendor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Vendor in relation to this Contract shall contain similar Data Practices Act compliance language. 29. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not affect, in any respect, the validity of this Contract. Number 654599 QUOTATION Page:1 of 3 5651 MEMORIAL AVENUE OAK PARK HEIGHTS, MN 55082 PHONE: 651-439-1737 To:11268 EDEN PRAIRIE, CITY OF 8080 MITCHELL RD ATTN: ACCOUNTS PAYABLE EDEN PRAIRIE MN 55344 USA Phone:952-949-8300 Fax: Quote Date:9/29/2023 Expires:11/28/2023 AEisinger@TCC1.com 651-439-1737Phone: ALLEN EISINGERSalesperson: Email: FOB: Terms:NET 30 BASED ON APPROVED CREDIT DESTINATION-FRT INCLUDED Attn: Email: Book / Call / Item: Letting Date: APPLIED INFORMATION CONNECTIVITYDescription: Location:VARIOUS INTERSECTIONS Contract No: Part Number / Description Net PriceUnit Price Qty/UM APPLIED INFORMATION - FIELD MONITORING UNIT * SHELF MOUNT FMU WITH GLANCE PREEMPT & PRIORITY VIDEO CAPABILITY, 4 PORT ETHERNET SWITCH, CONFIGURATION & LICENCE INCLUDED * W 62ND STREET SIGNAL SYSTEM 1.003,500.00 3,500.00EA CONNECTIVITY INTEGRATION * TCC TECH TO INSTALL, CONFIGURE AND INTEGRATE APPLIED INFORMATION EQUIOPMENT * W 62ND STREET SIGNAL SYSTEM 1.00700.00 700.00EA CELL CONNECTIVITY & GLANCE CLOUD APPLICATION * INTERSECTION CONNECTIVITY & SUPPORT FROM TCC & AI INCLUDES: * 1 YEAR OF SERVICE *EXCLUDES VIDEO* * GUARANTEED CONNECTIVITY WITH NO OVERAGE CHARGES * UPGRADE OF CELL MODEM WHEN TECHNOLOGY CHANGES * PHONE/EMAIL SUPPORT FROM AI * EXTENDED WARRANTY ON HARDWARE * OVER-THE-AIR SOFTWARE UPDATES * AI CONNECTED VEHICLE SERVICE - "TRAVELSAFELY" 18.00430.00 7,740.00EA Pricing does not include applicable sales taxes. If order is to be exempt sales tax, documentation must be provided at time of order. Additional terms may apply. Review our full Terms & Conditions of Sale at www.trafficcontrolcorp.com. Number 654599 QUOTATION Page:2 of 3 5651 MEMORIAL AVENUE OAK PARK HEIGHTS, MN 55082 PHONE: 651-439-1737 INTERSECTIONS: 1. PRAIRIE CENTER DRIVE @ VIKING DRIVE 2. PRAIRIE CENTER DRIVE @ VALLEY VIEW RD E 3. PRAIRIE CENTER DRIVE @ W 78TH STREET 4. PRAIRIE CENTER DRIVE @ PRESERVE BLVD 5. PRAIRIE CENTER DRIVE @ SINGLETREE LANE 6. PRAIRIE CENTER DRIVE @ PRAIRIE LAKES DRIVE 7. PRAIRIE CENTER DRIVE @ COLUMBINE RD / REGIONAL CENTER 8. PRAIRIE CENTER DRIVE @ TECHNOLOGY DRIVE 9. TECHNOLOGY DRIVE @ SW STATION 10. PRAIRIE CENTER DRIVE @ VIKING DRIVE 11. PRAIRIE CENTER DRIVE @ VALLEY VIEW RD E 12. PRAIRIE CENTER DRIVE @ W 78TH STREET 13. PRAIRIE CENTER DRIVE @ PRESERVE BLVD 14. PRAIRIE CENTER DRIVE @ SINGLETREE LANE 15. PRAIRIE CENTER DRIVE @ PRAIRIE LAKES DRIVE 16. PRAIRIE CENTER DRIVE @ COLUMBINE RD / REGIONAL CENTER 17. PRAIRIE CENTER DRIVE @ TECHNOLOGY DRIVE 18. TECHNOLOGY DRIVE @ SW STATION PHONE SUPPORT * INCLUDES UP TO 4 HOURS OF PHONE SUPPORT MONTHLY - AT NO COST * $125 PER HOUR FOR ADDITIONAL SUPPORT 1.000.00 0.00EA ANNUAL SIGNAL OPERATION CHECK TCC TECH TO COMPLETE THE FOLLOWING ON-SITE WORK: * FULL INTERSECTION INSPECTION & REPORT, PROVIDED FOR CITY RECORDS * TEST EMERGENCY VEHICLE PREMPTION * CHECK DETECTORS OR VIDEO FOR PROPER OPERATION * CHECK PED BUTTONS FOR PROPER OPERATION * LUBE LOCKS AND HINGES * REPLACE CABINET AIR FILTER * VACUUM & GENERAL CLEANING OF CABINET * BACKUP SIGNAL CONTROLLER DATABASE 17.00800.00 13,600.00EA Pricing does not include applicable sales taxes. If order is to be exempt sales tax, documentation must be provided at time of order. Additional terms may apply. Review our full Terms & Conditions of Sale at www.trafficcontrolcorp.com. Number 654599 QUOTATION Page:3 of 3 5651 MEMORIAL AVENUE OAK PARK HEIGHTS, MN 55082 PHONE: 651-439-1737 Part Number / Description Net PriceUnit Price Qty/UM MMU - SIGNAL MONITOR RECERTIFICATION EXISTING CABINET MONITOR (MMU) WILL BE SENT IN FOR RECERTIFICATION & SWAPPED WITH A SPARE UNIT RECERTIFICATION INCLUDES: NEW TWO-YEAR WARRANTY CERTIFICATE FOR UNITS 12 YEARS AND NEWER, UPDATES TO LATEST FIRMWARE, ATSI TEST COMPLETED 17.00400.00 6,800.00EA Quote Total:32,340.00 Item Total:32,340.00 Misc Charges and Adjustments:0.00 Pricing does not include applicable sales taxes. If order is to be exempt sales tax, documentation must be provided at time of order. Additional terms may apply. Review our full Terms & Conditions of Sale at www.trafficcontrolcorp.com. CITY COUNCIL AGENDA SECTION: Consent Calendar DATE Oct. 17, 2023 DEPARTMENT / DIVISION Scott Riley Public Works / Streets Division ITEM DESCRIPTION Approve Purchase of Tilt Deck Trailer from Lano Equipment ITEM NO. VIII.H. Requested Action Move to approve the purchase of a Felling FT-16 IT-I Tilt Deck Trailer from Lano Equipment using the Minnesota Cooperative Purchasing Venture Contract T-603-221690. Synopsis The Streets Division recently took delivery of a new Caterpillar 289D3 Skid Loader to replace an older Bobcat. The new skid loader is a little larger and heavier than the one it replaced, which pushes the limits of the operating capacity of the old trailer, requiring the purchase of larger a trailer. The Parks Division recently placed an order for an identical trailer to the one that is too small for the new skid. The Parks Division cancelled that order and purchased the Streets Division trailer for a discounted price of $14,000.00. The new trailer is expected to arrive in the spring of 2024 at a cost of $22,260.46 and will be paid for using dollars from the Parks Division purchase of the trailer and Streets Division ($14,000.00) and additional Streets Division funds (8,260.46) from budget code 1707.6601. Attachments Lano Equipment Quote Requested Action Move to: • Approve the 2nd Reading of an Ordinance for a PUD District Review with Waivers and a Zoning Change from Rural to RM-6.5 on 6.13 acres • Adopt a Resolution for Site Plan Review on 6.13 acres • Adopt a Resolution Conditionally Approving the Development Agreement for Kinsley Townhomes Synopsis This is the final approval for the Kinsley Townhomes. 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. Access to the townhomes is a private drive. 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 and additional landscaping as a buffer along the east property line, and solid fencing and landscaping between the right-of-way for Valley Road and the property to the south. The applicant is requesting to rezone the property from Rural to RM-6.5. The preliminary plat includes lots for each unit and a common lot surrounding the buildings. The proposed density is 6.8 units per acre. Background The first reading for this project was held at the September 19, 2023 City Council meeting. At the meeting, the City Council voted to approve the project conditioned upon removal of the road connection, but keeping the right-of-way, providing a sidewalk or trail between Dell Road and the east property line within the right-of-way, adding trees along the south and east property lines, and ensure that the privacy fence is high quality and durable material. The applicant has made revisions to the plans to address Council’s comments. In summary, the applicant has made the following changes: 1. The revised plans include a section of Valley Road constructed from Dell Road to the entrance into the townhome development. The road does not connect through to the east property line, but the right-of-way remains on the plans from Dell Road to the east property line. 2. The revised plans include a sidewalk from Dell Road to the east property line. The sidewalk is located within the right-of-way. The sidewalk alignment corresponds with the Water and Sanitary sewer connections and reduces tree loss. CITY COUNCIL AGENDA SECTION: Ordinances and Resolutions DATE Oct. 17, 2023 DEPARTMENT/DIVISION: Community Development/Planning Julie Klima/Beth Novak-Krebs ITEM DESCRIPTION Kinsley Townhomes ITEM NO. IX.A. 3. The applicant has revised the Landscape and Tree Replacement Plan to include more evergreen trees along the east side of the property and along the proposed privacy fence on the south side of the property. Note: On the following plans labeled Revised Plan, the wavy line on adjacent lots denotes an existing tree line, the circles outlined in green are existing trees, the solid green circles are trees that have been added since the 1st reading. East Property Line The original Landscape and Tree Replacement Plan included 10 canopy trees (30 caliper inches) and 30 evergreen trees at a height of 7 feet (90 caliper inches) along the east property Revised Plan Original Plan line. The revised plan includes the addition of 15 evergreen trees at height of 7 feet (45 caliper inches) in the northeast corner of the property. This is the area where the townhome improvements are closest to the properties to the east and where the adjacent single-family lots are less wooded along the rear of the property than those further south. South Property Line The original Landscape and Tree Replacement Plan included only a privacy fence along the south property line. The revised plan includes the privacy fence and 29 evergreen trees (87 caliper inches) along the privacy fence. The existing deciduous and evergreen trees on the property to the south along with the privacy fence and the evergreen trees in front of the fence should provide a robust screen between the existing townhomes to the south and the proposed townhome project. Revised Plan Revised Plan Original Plan 4. The proposed privacy fence has been changed from vinyl material to composite material. 5. The applicant relocated the pedestrian connection from the townhome project to the trail along Pioneer Trail. The connection was originally in the northeast corner of the site and is now located in the northwest corner of the site. The 8-foot wide bituminous path will extend from the end of the private drive to the path along Pioneer Trail. The relocation results in saving existing vegetation, including a large Maple tree that otherwise would have been removed. The 120-day review period expires on December 1, 2023. Attachments Attach 1 - Ordinance for Zoning Change and PUD District with Waivers Attach 2 - Ordinance Summary Attach 3 - Resolution for Site Plan Review Attach 4 - Resolution for Conditional Approval of the Development Agreement Attach 5 - Development Agreement Revised Plan Original Plan 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 17th day of October, 2023. ATTEST: _______________________________ _______________________________ Sara Aschenbeck, Acting City Clerk Ronald A. Case, Mayor PUBLISHED in the Sun Sailor on October 26, 2023. 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 Legal Description After Final Plat Lots 1-43 and Outlot A, Kinsley Townhomes, Hennepin County, Minnesota KINSLEY TOWNHOMES CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. -2023-PUD-__-2023 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AMENDING THE DESIGNATION OF CERTAIN LAND WITH A ZONING DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land located at 17325 and 17305 Pioneer Trail from the Rural Zoning District to the RM-6.5 Zoning District and amends the designation of that land into a Planned Unit Development District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: ___________________________ _____________________________ Sara Aschenbeck, Acting City Clerk Ronald A. Case, Mayor PUBLISHED in the Sun Sailor on October 26, 2023. (A full copy of the text of this Ordinance is available from City Clerk.) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2023-____ A RESOLUTION GRANTING SITE PLAN APPROVAL FOR KINSLEY TOWNHOMES BY PULTE HOMES OF MINNESOTA WHEREAS, Pulte Homes of Eden Prairie, has applied for Site Plan approval of Kinsley Townhomes to construct 42 townhomes units; WHEREAS, zoning approval for the Kinsley Townhomes was granted by an Ordinance approved by the City Council on October 17, 2023; and WHEREAS, the Planning Commission reviewed said application at a public hearing at its August 28, 2023 meeting and recommended approval of said site plan; and WHEREAS, the City Council has reviewed said application at 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 site plan approval for property legally described in Exhibit A attached here to is granted to Pulte Homes of Minnesota, subject to the Development Agreement between Pulte Homes of Minnesota and the City of Eden Prairie, reviewed and approved by the City Council on October 17, 2023. ADOPTED by the City Council of the City of Eden Prairie this 17th day of October, 2023. _______________________________ Ronald A. Case, Mayor ATTEST: ___________________________ Sara Aschenbeck, Acting City Clerk EXHIBIT A Site Plan Legal Description Prior to the Final Plat: 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 Legal Description After the Final Plat: Lots 1-43 and Outlot A, Kinsley Townhomes, Hennepin County, Minnesota CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2023-____ A RESOLUTION FOR CONDITIONAL APPROVAL OF THE DEVELOPMENT AGREEMENT FOR KINSLEY TOWNHOMES WHEREAS, the Developer has requested to sign and execute the Development Agreement for Kinsley Townhomes (the “Project”) at the closing of Developer’s purchase of the 17325 and 17305 Pioneer Trail property; and, WHEREAS, the City is amenable to allowing the Developer to sign and execute the Development Agreement at the closing; and, WHEREAS, the approval of this Agreement, second reading of Ordinance No ____ , and Resolution No granting Site Plan approval are contingent upon receipt by the City Manager of documentation acceptable to the City Manager that Pulte Homes of Minnesota, LLC has acquired fee simple interest in the Property as defined in the Development Agreement. If the City Manager does not receive such documentation on or prior to May 8, 2024, the above Ordinance, Resolution, and approvals are null and void and of no further effect. The City Council may, but is not required to, take such further action to confirm that the Ordinance, Resolution, are null and void and of no further effect; and, WHEREAS, the City Council has reviewed the Project at a public hearing at its September 19, 2023, meeting. WHEREAS, the City Council has reviewed the Development Agreement for the Project at its October 17, 2023, meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that the Development Agreement between Pulte Homes of Minnesota, LLC and the City of Eden Prairie is conditionally approved by the City Council on October 17, 2023, and is conditioned upon the Developer providing the City Manager documentation that the Pulte Homes of Minnesota, LLC has acquired fee simple interest in the Property. If the City Manager does not receive such documentation on or prior to May 8, 2024, the above Ordinance, Resolution, and approvals are null and void and of no further effect. The City Council may, but is not required to, take such further action to confirm that the Ordinance, Resolution, are null and void and of no further effect. ADOPTED by the City Council of the City of Eden Prairie this 17th day of October, 2023. _______________________________ Ronald A. Case, Mayor ATTEST: ___________________________ Sara Aschenbeck, Acting City Clerk Kinsley Townhomes Development Agreement 1 DEVELOPMENT AGREEMENT Kinsley Townhomes THIS DEVELOPMENT AGREEMENT (“Agreement”) is entered into as of __________, 2023, by Pulte Homes of Minnesota, LLC, a Minnesota limited liability company, hereinafter referred to as “Developer,” its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as “City”: WITNESSETH: WHEREAS, Developer has applied to City for a Planned Unit Development Concept Review on 6.13 acres, Planned Unit Development District Review with waivers on 6.13 acres, Zoning District Change from the Rural Zoning District to the RM-6.5 Zoning District on 6.13 acres, Site Plan Review on 6.13 acres, and Preliminary Plat of 6.13 acres into 43 lots and 1 outlot (the “Applications”), for real property legally described on Exhibit A (the “Property”). NOW, THEREFORE, in consideration of the City adopting Resolution No. __________ for Planned Unit Development Concept Review, Ordinance No. __________ for Planned Unit Development District Review and Zoning District Change from Rural to RM-6.5 on 6.13 acres, Resolution No. ____________ for Site Plan Review, and Resolution No. __________ for Preliminary Plat, Developer agrees to construct, develop and maintain the Property as follows: 1. PLANS: Developer must develop the Property in conformance with the materials reviewed and approved by the City Council on ____________, identified on Exhibit B (hereinafter the “Plans”), subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set Kinsley Townhomes Development Agreement 2 forth in Exhibit C. 3. AIRPORT ZONING PERMIT: The Property is located in Airport Safety Zone C as described in the Flying Cloud Airport Zoning Ordinance adopted April 10, 2019, and requires an Airport Zoning Permit. Prior to the issuance of the first building permit, the Developer must obtain an Airport Zoning Permit. 4. CASH PARK FEES: In lieu of dedication of land, Developer must pay cash park fees for 42 lots as required by City Code in effect as of the date of the issuance of the first building permit(s) for construction on the Property. The total cash park fees to be paid for the Property is $231,000.00 and will not be increased during the development of the Property by the Developer. Developer will pay such fees on a per unit basis of $5,500.00 per townhome unit payable to the City prior to or at the time of building permit issuance. 5. DEMOLITION: Prior to demolishing the existing structures on the Property, Developer must apply for and obtain approval of a demolition permit from the City. Developer will allow City staff access to the Property prior to demolishing the existing structures for purposes of photographing and documenting the existing structures for historical purposes. Prior to any demolition on the Property, the Developer must cap the existing sanitary sewer line serving the home to be demolished at 17305 Pioneer Trail. Developer must consult with the City to confirm the location of the existing line. 6. DISCLOSURE OF INFORMATION REGARDING FLYING CLOUD AIRPORT: No lot may be sold or transferred to the first intended residential homeowner, nor an agreement entered into to construct a home on any lot within the Property unless the Developer or its successors or assigns personally delivers prior to execution of a purchase agreement or an agreement to construct a home on the lot (whichever comes first), a disclosure statement in form and substance as attached as Exhibit D hereto regarding Flying Cloud Airport. If the initial purchaser of a lot from the Developer is not the initial intended homeowner of a residence to be constructed on the lot, Developer must require by contractual obligation with its initial purchaser the delivery of the disclosure statement to the initial intended residential homeowner prior to execution by the intended homeowner of any agreement to construct a home or agreement to purchase a lot (whichever comes first). 7. ELECTRIC VEHICLE CHARGING STATION(S): Developer has volunteered to furnish and install for each home all necessary circuit breakers, electrical wiring and receptacles required to support one Level II electric vehicle charging station. This voluntary undertaking includes installing a 4-wire, 240-volt 40-amp circuit with NEMA 14-50 outlet receptacle from the main electrical panel to an outlet box in the garage adjacent to a vehicle parking stall. This paragraph 7 is not subject to the enforcement provisions contained in this Agreement. 8. ENCROACHMENT AGREEMENT: Developer will install a fence and landscaping, as indicated on the Exhibit B Plans, along the south side of the public right-of-way of Valley Kinsley Townhomes Development Agreement 3 Road as dedicated on the final plat to screen headlights and create a buffer between the new road and the townhomes to the south. Prior to the release of the final plat, the Developer must execute an “Encroachment and Maintenance Agreement” in the form attached hereto as Exhibit E and must file the Encroachment and Maintenance Agreement with the Hennepin County Recorder immediately after the recording of the final plat and prior to recording of any document affecting the property including but not limited to any mortgage granted by the Developer or owners, their successors and/or assigns. The Developer/HOA are responsible for the maintenance and replacement of the screening in the right-of-way as described in paragraph 17. 9. EXTERIOR MATERIALS: As part of the building permit application materials, Developer must submit to the City Planner, and receive the City Planner’s written approval of a plan depicting exterior materials and colors to be used on the buildings on the Property consistent with the Exhibit B Plans. Prior to issuance of any occupancy permit for the Property, Developer must complete implementation of the approved exterior materials and colors plan in accordance with the terms and conditions of Exhibit C. 10. FINAL PLAT: The final plat of the Property must be recorded with the Hennepin County Recorder and/or Registrar of Titles’ Office, as applicable, within 90 days of approval by the City Council or within 2 years of approval of the preliminary plat, whichever occurs first. If the final plat is not filed within the specified time, the City Council may, upon ten days written notice to the Developer, consider a resolution revoking the approval. Prior to release of the final plat, Developer must pay for engineering land development services, final plat application and processing fees, and street signs related to the development project area. 11. GRADING, DRAINAGE, AND STORMWATER POLLUTION PREVENTION PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in the Plans is conceptual. Prior to the release of a land alteration permit for the Property, Developer must submit and obtain the City Engineer’s written approval of a final grading and drainage plan for the Property. The final grading and drainage plan must be prepared and properly signed by a currently licensed Professional Civil Engineer hired by the Developer. The final grading and drainage plan must include: 1. “Stormwater Facilities” as that term is defined in City Code Section 11.55, Subd. 2, including all stationary, temporary, and permanent stormwater BMPs designed, constructed and operated to prevent or reduce the discharge of pollutants in stormwater as well as structures built to collect, convey or store stormwater (“Stormwater Facilities”); and 2. Any other items required with the land alteration permit application and/or by Kinsley Townhomes Development Agreement 4 the City Engineer for release of the permit. B. LAND ALTERATION PERMIT: Developer must submit the following with all land alteration, grading and/or filling permit applications as described below and in accordance with City Code: 1. Design calculations for storm water quality, rate, 100-year high water level (HWL), and volume, together with a drainage area map; 2. Logs for geotechnical borings and/or infiltration tests within the footprint of all proposed permanent stormwater management BMPs. Geotechnical borings must extend to a minimum depth of five (5) feet below the proposed bottom of the BMP. If the infiltration rates indicated by the geotechnical borings and/or infiltration tests are more restrictive than the assumptions made in the Stormwater Management Report, the design of the permanent stormwater management BMPs must be amended accordingly, and an updated Stormwater Management Report must be provided. 3. Financial security in the form of a bond, cash escrow, or letter of credit, equal to 125% of the cost of the improvements to be made pursuant to the permit, in a format approved by the City and as required by City Code Section 11.55, Subd. 11 (the “Land Alteration Security”); 4. At the request of the City Engineer, a maintenance and monitoring plan must be submitted for all privately owned Stormwater Facilities to ensure they continue to function as designed in perpetuity, pursuant to and in accordance with City Code Section 11.55, Subd. 7 (“Maintenance and Monitoring Plan”). The Maintenance and Monitoring Plan must include, at a minimum: a) The party(s) responsible for maintenance; b) Access plans for inspections, monitoring and/or maintenance; c) Planting plan (if applicable); d) Routine and non-routine inspection procedures; e) Frequency of inspections; f) Sweeping frequency for all parking and road surfaces (if applicable); g) Plans for restoration or repairs (including reduced infiltration when applicable); h) Performance standards; and i) Corrective actions that will be taken if the stormwater facility(s) does not meet performance specifications. 5. Documentation establishing that any Stormwater Facilities constructed and installed under a structure are designed in conformance with the standards outlined in the Minnesota Stormwater Manual published by the Minnesota Pollution Control Agency (the “Minnesota Stormwater Manual”). The underground system must be kept off-line until construction is complete; Kinsley Townhomes Development Agreement 5 6. Erosion and sedimentation control plan; 7. Copy of the Stormwater Pollution Prevention Plan (“SWPPP”) if required by the Minnesota Pollution Control Agency Construction Stormwater Permit; and 8. Infiltration Practices: All proposed practices, measures and methods must be in accordance with the Minnesota Stormwater Manual. For land alteration permit applications for projects that incorporate infiltration practices as part of the Stormwater Facility, this includes but is not limited to: a) Construction management practices that will be used to ensure the infiltration system(s) will be protected during construction and functional after completion of construction; b) Erosion control measures that will be used to delineate and protect the infiltration system(s) during construction; c) Proposed infiltration volumes in cubic feet and rates in inches per hour; d) Methods that will be used for field verification of infiltration for stormwater infiltration systems; e) Methods that will be used to assure that infiltration is restored, if needed; f) Locations for material storage establishing that materials will not be stockpiled or stored within the proposed infiltration area(s); g) Vehicular access and parking routes (must not be allowed within the infiltration area(s)); and h) Construction techniques that will be used to protect the infiltration capacity by limiting soil compaction the greatest extent possible, including use of erosion control fencing to delineate the infiltration area and use of low-impact earth moving equipment. C. STORMWATER FACILITY MONITORING DURING CONSTRUCTION: The Developer must employ the licensed Professional Engineer who prepared the final grading plan or another licensed professional qualified to perform the work (to be approved in writing by the City Engineer) to complete the following: 1. Monitor the construction of Stormwater Facilities and temporary BMPs for conformance to the approved final grading plan, the Minnesota Storm Water Manual, and the SWPPP. 2. Enter all inspection, monitoring, and maintenance activities and/or reports regarding site construction and land alteration permit requirements into the City’s web-based erosion and sediment control permit tracking program (currently PermiTrack ESC). Inspections must be conducted at least bi-weekly between April 1 and October 31 and after precipitation events exceeding 0.5 inches. D. STORMWATER FACILITY MAINTENANCE: Stormwater Facilities must be maintained by the Developer during construction and for a minimum of two (2) full Kinsley Townhomes Development Agreement 6 growing seasons after City acceptance of the public infrastructure as determined by the City Engineer. Repairs completed during this time must be done in accordance with the land alteration permit and City Code Section 11.55, Subd. 7. If the Stormwater Facilities are not functioning as designed at the end of the minimum 2-year period, the City Engineer may extend the Developer’s maintenance responsibility or require further repairs. Once the minimum 2-year period has been reached or the City has determined that the Stormwater Facilities conform to the design criteria established in the land alteration permit and the SWPPP, whichever is longer, the then-current owner of the Property will be responsible for all future inspections and maintenance of the Stormwater Facilities in accordance with City Code Section 11.55, Subd. 7. If there is a drainage easement present over the Stormwater Facility(s), the easement holder will be responsible for inspections and maintenance. Pervious surfaces must be stabilized with seed and mulch or sod and all impervious surfaces must be completed prior to final grading and planting of the stormwater infiltration systems. The Stormwater Facilities designated on the Plans as BMPs 20-33-G and 20-33-H will be privately owned and maintained by Developer or the HOA as described in paragraph 17. Additionally, although BMP 20-33-F is a publicly maintained basin, the inlets and storm sewer pipes originating from the private roadway will be privately owned and maintained by Developer or the HOA. Prior to release of the Land Alteration Security, an Inspection and Maintenance Agreement for Private Stormwater Facilities in the form attached hereto as Exhibit F must be recorded for all privately owned and maintained Stormwater Facilities. E. LAND ALTERATION PERMIT FINANCIAL SECURITY RELEASE: Prior to release of the Land Alteration Security, Developer must complete implementation of the approved SWPPP. Any remaining Land Alteration Security must be released to the person who deposited the Land Alteration Security upon determination by the City that the requirements of City Code Section 11.55 and the conditions of the land alteration permit have been satisfactorily performed. 12. GRADING IN THE WOODED AREAS ON SITE: Prior to grading within any of the wooded areas on the Property, as depicted on the Exhibit B Plans, Developer must submit to the City Forester and receive the City Forester’s written approval of a plan depicting construction grading limits on the Property. Prior to any grading on the Property, Developer must place a construction fence on the approved construction grading limits. Developer must notify the City 48 hours in advance of grading so that the construction limit fence may be field inspected and approved by the City Engineer and City Forester. Developer must maintain the construction limit fence until the City grants written approval to remove the fence. 13. INTERIOR NOISE MITIGATION PLAN: Prior to issuance of each residential building Kinsley Townhomes Development Agreement 7 permit for the Property, Developer must submit to the City Building Official, and obtain the City Building Official’s written approval of plans that establish that each residence is designed to meet the structural performance standards for residential interior sound levels described in the Metropolitan Council’s most current Transportation Policy Plan. 14. IRRIGATION PLAN: If irrigation is installed on the Property, Developer must submit to the City Planner and receive the City Planner’s written approval of a plan for irrigation of the landscaped areas on the Property. The irrigation plan must be designed so that water is not directed on or over public trails and sidewalks. Developer must complete implementation of the approved irrigation plan in accordance with the terms and conditions of Exhibit C. 15. LANDSCAPE & TREE REPLACEMENT PLAN: Prior to the release of the final plat, the Developer must pay the cash payment in lieu of tree replacement as provided by City Code Section 11.55, Subd. 4. The cash payment must be based on 214 inches of tree replacement. The cash payment must be calculated in accordance with the fee schedule in effect at the time of the issuance of the land alteration permit. Prior to issuance of a land alteration permit, the Developer must submit to the City Planner and receive the City Planner’s written approval of an executed landscape agreement and a final landscape or tree replacement plan for the Property. The approved landscape or tree replacement plan must be consistent with the quantity, type, and size of all plant materials shown on the landscape or tree replacement plan on the Exhibit B Plans and including all proposed trees, shrubs, perennials, and grasses. The approved landscape or tree replacement plan must include replacement trees of a 2.5-inch diameter minimum size for a shade tree and a 6-foot minimum height for conifer trees. The approved landscape or tree replacement plan must also provide that, should actual tree loss exceed that calculated herein, Developer must provide tree replacement on a caliper inch per caliper inch basis for such excess loss. Prior to land alteration permit issuance, Developer must also submit to the City Planner and receive the City Planner's written approval of a security in the form of a cash escrow or letter of credit equal to 150% of the cost of the tree and landscape improvements including all proposed trees, shrubs, perennials, and grasses as depicted on the landscape and/or tree replacement plan on the Exhibit B Plans (the “Landscape Security”). The Landscape Security will be held for two full growing seasons after the installation of all plantings and inspection by the City. A growing season is the part of the year during which rainfall and temperature allow plants to grow (approximately April-October). The installation must conform to the approved landscape or tree replacement plan including but not limited to the size, species and location as depicted on the Exhibit B Plans. Any changes proposed to the landscape plan or landscaping installed on the Property, including but not limited to removal and relocation, must be reviewed and approved by the City Planner prior to implementing such changes. Developer must complete implementation of the approved landscape or tree replacement plan as depicted on the Exhibit B Plans and in Kinsley Townhomes Development Agreement 8 accordance with the terms and conditions of Exhibit C of this Agreement. The Landscape Security will be released in accordance with the terms of the landscape agreement. 16. MECHANICAL EQUIPMENT SCREENING: Developer must screen all mechanical equipment on the Property. For purposes of this paragraph, “mechanical equipment” includes gas meters, electrical conduits, water meters, and standard heating, ventilating, and air-conditioning units. Financial security to guarantee construction of such screening is included with the Landscape Security. Developer must complete construction of mechanical equipment screening prior to issuance of any occupancy permit for the Property. If, after completion of construction of the mechanical equipment screening, it is determined by the City Planner, in his or her sole discretion, that the constructed screening does not meet City Code requirements to screen mechanical equipment from public streets and differing, adjacent land uses, then the City Planner will notify Developer and Developer must take corrective action to reconstruct the mechanical equipment screening in order to cure the deficiencies identified by the City Planner. Developer agrees that the City will not release the Landscape Security until Developer completes all such corrective measures. 17. MAINTENANCE OF PUBLIC AND PRIVATE IMPROVEMENTS: The project approved for the Property will be administered as a Common Interest Community (CIC). Developer will create the CIC and establish a homeowner’s association (“HOA”) to administer the CIC that will provide lawn care, snow removal, and building exterior maintenance. The HOA will also be responsible, at is sole cost and expense, for maintenance of public improvements as follows: (1) winter maintenance of the public improvements within the Valley Road right-of-way shown on the final plat, which include the constructed section of Valley Road and the sidewalk between Dell Road and the east property line; (2) mowing and maintenance of the turf areas within the Valley Road right- of-way; (3) spring and fall street sweeping of the constructed section of Valley Road; and (4) installation and maintenance of the screening (fence and landscaping) along the south side of the Valley Road right-of-way as described in paragraph 8. The City will be responsible for all other maintenance of those public improvements. The HOA will also be solely responsible for all maintenance, including snow removal, of the private 8-foot bituminous trail from the northwest corner of Outlot A (Larimar Trail) to the public trail along Pioneer Trail, and maintenance of the private Stormwater Facilities described in paragraph 11.E. Prior to the issuance of the first certificate of occupancy for the Property and before it is recorded against the Property, Developer must provide to the City Engineer, and obtain the City Engineer’s approval, of the CIC Declaration to ensure that these HOA obligations are correctly reflected in the Declaration. Prior to recording of the CIC Declaration and establishment of the HOA, Developer or its successors or assigns of the Property will be jointly and severally liable for the maintenance obligations described in this paragraph. If the HOA becomes defunct or fails to comply with the public improvement maintenance Kinsley Townhomes Development Agreement 9 obligations described in this paragraph, the City may perform such maintenance and specially assess the cost of such maintenance against the residential lots on the Property pursuant to Minn. Stat. § 429.101. If the City determines in the future to construct a full connection of Valley Road through the platted right-of-way, Developer or its successors and assigns will grant, at no cost to the City, temporary construction easements necessary in City’s judgment to construct the connection of Valley Road with such temporary easements to be of reasonable scope and for a reasonable term. Developer will convey, at no cost to the City, the temporary construction easements within 30 days of request by the City. 18. MORTGAGEE CONSENT AND SUBORDINATION: For any mortgage lien recorded against the Property prior to recording this Agreement, Developer must deliver to the City a mortgagee consent and subordination in a form approved by the City and attach the executed form to the Agreement submitted for recording. 19. OTHER AGENCY APPROVALS: The Developer must submit copies of all necessary approvals issued by other agencies for the project to the City Engineer. These submittals are required prior to issuance by the City of the corresponding City permit(s). The agencies issuing such approvals include, but are not necessarily limited to the following: the Minnesota Pollution Control Agency, Metropolitan Council Environmental Services, Riley Purgatory Bluff Creek Watershed District, the Minnesota Department of Health, the Minnesota Department of Transportation, and Hennepin County. The City Planner may determine that conditions of approval required by the Riley Purgatory Bluff Creek Watershed District require changes to the City approvals granted with this Agreement which may entail additional City review, including public hearing(s) for recommendation by the Planning Commission and approval by the City Council. Developer consents to such additional review as determined by the City Planner and agrees to an extension pursuant to Minn. Stat. Section 15.99 of an additional 60 days for the additional review. 20. PUBLIC USE OF STREETS: All private streets shown on the Plans must be open to the use of the public as a matter of right for the purposes of vehicular traffic as if they were “streets” as defined in Minnesota Statutes Chapter 169. 21. PUD WAIVERS GRANTED: The City hereby grants the following waivers to City Code requirements within the RM-6.5 Zoning District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD (list PUD number): • Maximum Gross Density- City Code allows a maximum density of 6.7 units per acre in the RM-6.5 zoning district. The Waiver allows a density of 6.8 units per acre. • Minimum Lot Size – City Code requires a minimum lot size for the individual lots of 3,000 square feet. The lot sizes range from 1,943 square feet to 2,521 square feet. Kinsley Townhomes Development Agreement 10 The Waiver allows lot sizes less than 3,000 square feet consistent with Exhibit B Plans. • Minimum Lot Depth – City Code requires a minimum lot depth of 100 feet. The shallowest lot is 81.12 feet with an average lot depth of 81.50 feet. The Waiver allows minimum lot depths less than 100 feet consistent with Exhibit B Plans. • 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. The waiver allows lots without public street frontage consistent with Exhibit B Plans. • Setback Along Valley Road – City Code requires a minimum front setback of 30 feet along Valley Road. The Waiver allows a front setback along Valley Road of 20 feet for Lot 1, Block 1. 22. REMOVAL/SEALING OF EXISTING WELL AND SEPTIC SYSTEMS: Prior to issuance by City of any permit for grading or building on the Property, Developer must submit to the Chief Building Official and to obtain the Chief Building Official’s written approval of plans for demolition and removal of existing septic systems and wells on the Property, and restoration of the Property. Prior to such demolition or removal, Developer must provide to the City a deposit in the form of a cashier’s check in the amount of $1,000.00 to guarantee that Developer completes implementation of the approved plan. The City will return to Developer the $1,000.00 deposit at such time as the Chief Building Official has verified in writing that the Developer has completed implementation of the approved plan. 23. RETAINING WALLS: Prior to issuance by the City of any permit for grading or building on the Property, Developer must obtain a building permit for retaining wall construction from the City for any retaining walls greater than four feet in height. Retaining walls must not be constructed in a drainage or utility easement area. The retaining wall plans submitted with the permit application must include details with respect to the height, type of materials, and method of construction to be used for the retaining walls. Developer must construct the retaining wall in accordance with the terms of the permit and terms and conditions of Exhibit C, attached hereto, prior to issuance of any occupancy permit for the Property. All maintenance and repair of all retaining walls on the Property are the responsibility of the Developer, its successors and assigns. 24. SIDEWALK AND TRAIL CONSTRUCTION: Prior to issuance by City of any building permit for the Property, Developer must submit to the Director of Parks and Recreation Kinsley Townhomes Development Agreement 11 Services or the City Engineer (as applicable for the specific development) and obtain written approval of detailed plans for all sidewalks and trails to be constructed on the Property and in the Valley Road right-of-way as dedicated on the final plat. Sidewalks and trails must be constructed in the following locations or as shown on the Plans: A. An eight-foot wide bituminous trail to be located from the northwest terminus of Outlot A (the private driveway designated on the Plans as Larimar Trail) to the public trail along Pioneer Trail, as depicted in the Plans. This trail connection will be privately owned and maintained by Developer or the HOA as described in paragraph 17. B. A five-foot wide public sidewalk to be located along the north side of the constructed section of Valley Road and continuing to the east property line in the dedicated right-of-way as depicted in the Plans. This sidewalk will be maintained by Developer or the HOA as described in paragraph 17. Developer must complete implementation of the approved sidewalk plans in accordance with the terms of Exhibit C prior to issuance of any occupancy permit for the Property. A financial security in the form of a cash escrow or letter of credit in a format approved by the City and in accordance with City Code as required for public sidewalk construction prior to commencement of construction. 25. SIGNS: For each sign which requires a permit under Eden Prairie City Code Section 11.70, Developer must obtain a sign permit from the City. The application must include a complete description of the sign and a sketch showing the size, location, the manner of construction, and other such information as necessary to inform the City of the kind, size, material construction, and location of any such sign in accordance with the requirements of City Code, Section 11.70, Subdivision 5. 26. SITE LIGHTING: All pole lighting must consist of downcast cut-off fixtures. Pole lighting must not exceed 25 feet in height. A three (3) foot base is permitted for a total of 28 feet in height. Developer must complete implementation of the lighting plan in Exhibit B prior to issuance of any occupancy permit for the Property. 27. SPECIAL ASSESSMENT AGREEMENT: Prior to the release of the final plat for the Property, an assessment agreement with the City, in the form and substance as attached in Exhibit G, must be signed by the owner(s) of the Property for trunk sewer and water fees on an assessable area of 5.47 acres in the amount of $51,807.22. This amount is based on the City’s 2023 fee schedule. If the City amends the fee schedule before the final plat is released to increase the amount of such trunk sewer and water fees or such increase is proposed by staff but has not yet been adopted by the Council, the amount above will be amended to reflect the increased fees. In no event, however, will the City assess the property for an amount in excess of the trunk sewer and water fees effective January 1 of the year in which the assessment is levied. Kinsley Townhomes Development Agreement 12 A portion of the Property (PID 20-116-22-33-0003) is subject to a deferred assessment in the amount of $20,520, as reflected in that Certificate to Defer Special Assessments filed with the Hennepin County Recorder on April 1, 2004 as Document No. 8323273. If this deferred assessment is not paid in full prior to release of the final plat, the City will activate the assessment and it will be payable over a 5-year period at 0% interest. 28. PUBLIC IMPROVEMENTS: Prior to issuance by the City of any permit for the construction of public streets, sidewalks, sanitary sewer, water infrastructure, or storm sewer for the Property (the “Public Improvements”), Developer must submit to the City Engineer, and obtain the City Engineer's written approval of plans for the Public Improvements. Plans must be prepared and properly signed by a currently licensed Professional Civil Engineer (Engineer of Record) employed by the Developer. The submitted plans must be of a plan view and profile format on 24” x 36” (or 22” x 34”) plan sheets at 50 scale consistent with City standards. Prior to release of the final plat for the Property, Developer must furnish to the City Engineer and receive the City Engineer’s written approval of financial security equal to 125% of the cost of the Public Improvements. A fee of five percent (5%) of construction value must also be paid to City by Developer for engineering review services. The Developer’s licensed Professional Civil Engineer (Engineer of Record) must provide daily inspection of the Public Improvements, certify completion in conformance to approved plans and specifications, and provide record drawings and testing results. 29. UTILITY EASEMENTS: Developer agrees that prior approval of the final plat for the Property, Developer must dedicate drainage and utility easements to the City on the final plat as shown on the Plans. 30. TERMINATION OF ROADWAY EASEMENT: The driveway currently serving 17325 Pioneer Trail lies on a portion of the adjacent property to the west, PID 20-116-33-0075, which is owned by the City. Such encroachment is permitted by the easement granted in that certain Warranty Deed dated June 20, 1969, recorded with the Hennepin County Recorder on November 4, 1969 as Document No. 3802593 (the “Roadway Easement”). As reflected on the Plans, Developer will remove the current driveway and the Roadway Easement will no longer be needed. Prior to release of the Land Alteration Security, Developer must prepare and provide to the City, for signature by Developer and by the City, an instrument terminating the Roadway Easement. Upon the City’s approval and signature, the instrument must be recorded with the Hennepin County Recorder’s Office. 31. SALT AND SNOW STORAGE: Salt storage is not allowed on the Property unless the Property Owner and any agents, tenants, or contractors employ best management practices to minimize the discharge of polluted runoff from salt storage and: 1. The designated salt storage area is indoors; 2. The designated salt storage area is located on an impervious surface and downgradient from any Stormwater Facilities; and 3. Practices to reduce exposure when transferring material in designated salt storage areas (sweeping, diversions, and/or containment) are implemented. Kinsley Townhomes Development Agreement 13 Salt applicators must possess current Smart Salting Level 1 and Level 2 Certification from the Minnesota Pollution Control Agency. The certified individual(s) are responsible for the application of appropriate deicing material at the proper amount and rate. Snow must not be stored in any required parking or stormwater treatment areas. If the Property does not provide adequate snow storage areas, the Developer and/or Owner must remove the snow from the Property. 32. INCLUSIONARY HOUSING UNITS: A minimum of five (5) townhome units on the Property (“IH Units”) must be sold and maintained as inclusionary housing (IH) units for a minimum period of ten (10) years after the date of the initial sale, in accordance with the City’s Inclusionary Housing Ordinance, City Code § 13.03 (the “IH Ordinance”). The IH Units may only be sold to households whose annual income is at 115% or less of the Hennepin County area median income (AMI) as published for the year the IH Units are sold and using the Metropolitan Council’s Ownership and Rent Affordability Limits and related mortgage assumptions. For a period of ten (10) years after the date of initial sale of each IH Unit (“10-Year Period”) the same limitations and requirements will apply to any sale of an IH Unit by the initial and any subsequent buyer(s). The IH Units must comply with the standards provided by the IH Ordinance. Prior to release of the final plat for the Property, Developer and the City will negotiate in good faith a separate agreement (the “IH Agreement”) that sets forth the details of how the affordability of the IH Units as required by the IH Ordinance will be documented and enforced during the 10-Year Period. If the parties are unable to reach an agreement satisfactory to the City Manager and the Community Development Director, Developer must pay the cash fee in lieu of providing IH Units as provided by City Code § 13.03, subd. 2.B.2, in the amount established by the City’s fee schedule in effect at the time of release of the final plat. Upon the approval and recommendation of the Community Development Director and the City Attorney, the City Manager is hereby authorized to execute the IH Agreement on behalf of the City and no further Council approval of the IH Agreement is required. Kinsley Townhomes Development Agreement 14 IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. CITY OF EDEN PRAIRIE By___________________________ Ronald A. Case Its Mayor By____________________________ Rick Getschow Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of ________________, 20__, by Ronald A. Case and Rick Getschow, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. _______________________ Notary Public Kinsley Townhomes Development Agreement 15 PULTE HOMES OF MINNESOTA, LLC By ________________________________ Its ________________________________ STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of ____________, 20__, by _______________________________________, the , of Pulte Homes of Minnesota, LLC, a Minnesota limited liability company, on behalf of the company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: CITY OF EDEN PRAIRIE 8080 MITCHELL ROAD EDEN PRAIRIE, MN 55344 Kinsley Townhomes Development Agreement 16 EXHIBIT A Kinsley Townhomes Development Agreement Legal Description Before Final Plat 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 Development Agreement 17 Legal Description After Final Plat Lots 1–43 and Outlot A, Kinsley Townhomes, Hennepin County, Minnesota Kinsley Townhomes Development Agreement 18 EXHIBIT B Kinsley Townhomes Development Agreement Narrative dated 10/04/2023 by Pulte Group Surrounding Existing Conditions dated 8/30/2023 by Alliant Demolition Plan dated 10/04/2023 by Alliant Preliminary Plat dated 10/04/2023 by Alliant Site Plan dated 10/04/2023 by Alliant Details dated 10/04/2023 by Alliant Details dated 10/04/2023 by Alliant Grading and Drainage Plan dated 10/04/2023 by Alliant Grading Profiles dated 10/04/2023 by Alliant Sanitary Sewer and Watermain Plan dated 10/04/2023 by Alliant Storm Sewer Plan dated 10/04/2023 by Alliant Existing Tree Inventory dated 10/04/2023 by Alliant Landscape and Tree Replacement Plan dated 10/04/2023 by Alliant Landscape Plan – Foundation Footings dated 10/04/2023 by Alliant Survey dated 10/04/2023 by Alliant Graphic Site Plan dated 10/04/2023 by Alliant Cross Section A dated 8/18/2023 by Alliant Cross Section B dated 8/18/2023 by Alliant Grading and Screening Cross Section 10/04/2023 by Alliant Front Elevation of 5-Unit (Sample for All Buildings) dated 8/30/2023 by Pulte Group Rear and Side Elevations of 5-Unit (Sample for All Buildings) dated 8/30/2023 by Pulte Group Usable Open Space Exhibit dated 10/04/2023 by Alliant Lighting and Photometric Plan dated 5/16/2023 by Pulse Rendering dated 8/18/2023 Kinsley Townhomes Development Agreement 19 EXHIBIT C Kinsley Townhomes Development Agreement 1. The Development Agreement must be recorded with the Hennepin County Recorder and/or Registrar of Titles as applicable prior to release of the final plat or, if no final plat, prior to the issuance of any permit or approval for the development, unless specifically authorized by the City Planner. The final plat will not be released until recording of the Development Agreement is complete, unless otherwise agreed to by the City, in which case the City Attorney will provide a letter with document recording order and instructions that must be complied with by the Developer. 2. Prior to release of the final plat, Developer must submit public infrastructure plans to the City Engineer for approval (1” = 50’ scale). 3. With respect to all portions of the Property which Developer is required to dedicate to the City on the final plat or convey to the City by deed (the “Dedicated or Conveyed Property”), Developer represents and warrants as follows: a. That at the time of dedication or conveyance, title to the Dedicated or Conveyed Property is or will be marketable fee title, free and clear of all mortgages, liens, and other encumbrances, subject to any easements or minor title imperfections acceptable to the City in its sole discretion (“Marketable Title”). Prior to final plat approval, Developer must provide title evidence satisfactory to the City Attorney establishing Marketable Title. The City, at its discretion, may require Developer to provide, at Developer’s cost, an owner’s policy of title insurance in a policy amount determined by the City, insuring Marketable Title in the name of the City after the dedication or conveyance. b. That Developer has not used, employed, deposited, stored, disposed of, placed, or otherwise allowed to come in or on the Dedicated or Conveyed Property, any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to those defined in or pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat. § 115B.01, et. seq. (“Hazardous Substances”). c. That Developer has not allowed any other person to use, employ, deposit, store, dispose of, place, or otherwise have, in or on the Dedicated or Conveyed Property, any Hazardous Substances. d. That no previous owner, operator, or possessor of the Property deposited, stored, disposed of, placed, or otherwise allowed in or on the Dedicated or Conveyed Property any Hazardous Substances. 4. Developer must submit detailed construction and storm sewer plans to the relevant Watershed District for review and approval. Developer must follow all rules and recommendations of said Watershed District. Kinsley Townhomes Development Agreement 20 5. Developer must provide written notice to all private and public utilities prior to the commencement of any improvements on the Property. 6. The City will not issue any building permit for the construction of any building, structure, or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. Developer’s obligation to address all requirements of this Exhibit C will continue to apply notwithstanding the City’s issuance of permits or approvals for the Property. 7. Prior to release of the first building permit for the Property, and for any subsequent building permit for the Property if required by the City in its sole discretion, Developer must submit to the City Engineer for approval a master grading plan (1" =100' scale) showing existing and proposed contours, proposed streets, and lot arrangements and size, minimum floor elevations on each lot, preliminary alignment and grades for sanitary sewer, water main, and storm sewer, 100-year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots, location of walks, trails, and any property deeded to the City. 8. Prior to building permit issuance, Developer must pay all fees associated with the building permit to the Building Inspections Division, including: building permit fee, plan check fee, State surcharge, metro system access charge (SAC), City SAC and City water access charge (WAC), park dedication, and other applicable fees. Developer must contact the Metropolitan Council to determine the number of SAC units. 9. Prior to building permit issuance and except as otherwise authorized in the approved Plans, all existing structures must be properly removed as required by City Code, with necessary permits obtained through the Building Inspections Division. 10. Prior to building permit issuance and except as otherwise authorized in the approved Plans, any wells and septic systems on the Property must be properly abandoned or removed as required by City Code and Hennepin County ordinance, with necessary permits obtained through the Inspections Division. 11. Prior to building permit issuance, Developer must provide an ALTA survey or site plan completed by a licensed surveyor or engineer (1" = 50’ scale) showing proposed building locations and all proposed streets, with approved street names, lot arrangements, and property lines. 12. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof, Developer, for itself, its successors, and assigns, will not oppose the City’s reconsideration and rescission of any Rezoning, Planned Unit Development review, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. 13. This Agreement will run with the land and be binding upon and enforceable against the Property and the Owners, their successors and assigns of the Property. Kinsley Townhomes Development Agreement 21 14. This Agreement is a contract between the City and the Developer. No provision of this Agreement inures to the benefit of any third person, including the public at large, so as to constitute any person as a third-party beneficiary of the Agreement or of any one or more of its terms, or otherwise give rise to any cause of action for any person not a party to this Agreement. 15. Developer acknowledges that the obligations of Developer contemplated in this Agreement are special, unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision of this Agreement, City may be without an adequate remedy at law. Developer agrees, therefore, that in the event Developer violates, fails, or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold permits or other City approvals, or rescind or revoke any approvals granted by the City. No remedy conferred in this Agreement is intended to be exclusive and each will be cumulative and will be in addition to every other remedy. The election of anyone or more remedies will not constitute a waiver of any other remedy. 16. No failure of the City to comply with any term, condition, or covenant of this Agreement will subject the City to liability for any claim for damages, costs or other financial or pecuniary charges. No execution on any claim, demand, cause of action or judgment may be levied upon or collected from the general credit, general fund or taxing powers of the City. 17. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. Developer agrees to indemnify, defend, and hold harmless City, its successors and assigns, against any and all loss, costs, damage, or expense, including reasonable attorneys fees, that the City incurs because of the breach of any of the above representations or warranties or resulting from or due to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to have been, used, employed, deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated or Conveyed Property by Developer, its employees, agents, contractors, or representatives. 18. The Developer grants the City, its agents, employees, officers, and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with this Agreement. 19. Developer will pay upon demand to the City all costs incurred by the City in conjunction with the Applications. These costs include internal City administrative, planning and, engineering costs and consulting costs, including but not limited to legal, engineering, planning and financial, in review, investigation, administering and processing the Applications and implementation of the approvals granted by the City. 20. The City is hereby granted the option, but not the obligation, to complete or cause Kinsley Townhomes Development Agreement 22 completion in whole or part of the Developer’s obligations under this Agreement for which a bond, letter of credit, cash deposit or other security ( “Security”) is required if the Developer defaults with respect to any term or condition in this Agreement for which Security is required and fails to cure such default(s) within ten (10) days after receipt of written notice thereof from the City; provided however if the nature of the cure is such that it is not possible to complete the cure within ten (10) days, it will be sufficient if the Developer has initiated and is diligently pursuing such cure. The Developer acknowledges that the City does not assume any obligations or duties of the Developer with respect to any contracts or agreements with third parties relating to the improvements unless otherwise agreed in writing by the City. The City may draw down on or make a claim against the Security, as appropriate, upon five (5) business days notice to the Developer, for any violation of the terms of this Agreement or if the Security lapses prior to the end of the required term. If the obligations for which Security is required are not completed at least thirty (30) days prior to the expiration of the Security and if the Security has not been renewed, replaced or otherwise extended beyond the expiration date, the City may also draw down or make a claim against the Security as appropriate. If the City draws down or makes a claim against the Security, the proceeds will be used to cure the default(s) and to reimburse the City for all costs and expenses, including attorney fees, incurred by the City in enforcing this Agreement. 21. In the event of a violation of City Code relating to use of the Property and construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement, City will give 24 hours’ notice of such violation, or such longer period as determined by the City in its sole discretion given the nature of the violation, in order to allow a cure of such violation. The City need not issue a building or occupancy permit for construction or occupancy on the Property while such a violation is continuing. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement will be determined solely and conclusively by the City Manager or his or her designee. 22. Developer will release, defend, and indemnify City, its elected and appointed officials, employees, and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys’ fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and agents. Developer will not be released from its responsibilities to release, defend, and indemnify because of any inspection, review, or approval by City. 23. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning, and Chapter 12, Subdivision Regulations, of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. Kinsley Townhomes Development Agreement 23 24. Developer agrees that the Property will be operated in a manner meeting all applicable noise, vibration, dust and dirt, smoke, odor and glare laws and regulations. Developer further agrees that the facility upon the Property will be operated so noise, vibration, dust and dirt, smoke, odor, and glare do not go beyond the Property boundary lines in violation of applicable laws or regulations. Kinsley Townhomes Development Agreement 24 EXHIBIT D Kinsley Townhomes Development Agreement KINSLEY TOWNHOMES DISCLOSURE OF INFORMATION Developer must cause the following notice to be given, either from Developer itself or Developer’s successor(s)-in-interest to any portion of the Property, to all residential home purchasers of lots within the Property who intend to be the first occupant of a residence on such lot, prior to the execution of a purchase agreement or agreement to construct a residence on a lot within the Property, whichever occurs first: The Property is located near the Flying Cloud Airport, a public use airport owned and operated by the Metropolitan Airports Commission. The Airport is available 24 hours a day, year round. The Airport operates two parallel east/west runways, and a north/south crosswind runway, all of which are lighted. The Airport accommodates aircraft operations from single and multi-engine propeller aircraft; corporate jet aircraft; helicopters; and pilot training facilities; which may affect the Property. Further information regarding the airport can be obtained from the Airport Manager, Telephone No,: 952-944-1035. Kinsley Townhomes Development Agreement 25 EXHIBIT E Kinsley Townhomes Development Agreement ENCROACHMENT AGREEMENT FOR PRIVATE USE OF PUBLIC PROPERTY This Encroachment Agreement For Private Use of Public Property (hereinafter “Encroachment Agreement”) is made this ____ day of ______________, 20___, between the CITY OF EDEN PRAIRIE, Minnesota, a municipal corporation (the “City”), and Pulte Homes of Minnesota, LLC, a Minnesota limited liability company (the “Owner”). RECITALS: A. The Owner is the fee owner of property located in the City of Eden Prairie, Minnesota (the “Owner’s Property”), legally described as follows: Lots 1–42 and Outlot A, Kinsley Townhomes, Hennepin County, Minnesota B. The Owner’s Property abuts the Valley Road public right-of-way (the “Public Property”) as dedicated on the final plat of Kinsley Townhomes. C. Owner and City have entered into the certain Development Agreement dated ___________, 20___ (hereinafter “Development Agreement”) for the development named Kinsley Townhomes. D. The Owner is required to install and maintain a fence and landscaping for screening purposes within the Public Property (the “Improvements”) as identified on Exhibit A attached hereto (the “Plans”). The Development Agreement requires this Encroachment Agreement. E. City is willing to permit the Improvements as depicted on the Plans, subject to the terms and conditions of this Agreement. AGREEMENT In consideration of the foregoing and the mutual covenants herein, the parties agree as follows: 1. The recitals set forth above are incorporated herein. 2. PUBLIC PROPERTY. The Owner acknowledges that the Improvements encroach on the Public Property, 3. IMPROVEMENTS. City grants Owner the right to and Owner hereby assumes the Kinsley Townhomes Development Agreement 26 responsibility to maintain, repair, replace and re-construct the Improvements all in accordance with all applicable laws and regulations (collectively referred to as “Maintenance”) in the location identified on the Plans and subject to the terms set forth below in paragraph 4. The City retains the right to manage the Public Property as provided in state statutes and city code. The City also retains the right to approve the Maintenance and direct the Owner to correct any deficiencies in the Maintenance. 4. MAINTENANCE. Responsibility for Maintenance of the Improvements shall be that of the Owner until the recording of the CIC Declaration and establishment of the homeowners association to administer the common interest community, as described in the Development Agreement. The Owner (and, later, the homeowners association) shall perform, as and when necessary, and pay the cost for, such maintenance of the Improvements as may be reasonably necessary to maintain the Improvements in good and aesthetic condition and repair. 5. INDEMNITY. The Owner shall indemnify, defend and hold the City and its employees, contractors, agents, representatives, elected and appointed officials, and attorneys harmless from any and all claims, damages, losses, costs and expenses, including attorneys’ fees, arising from, based on, or related to the encroachment of the Improvements on the Road, including, but not limited to, any claim asserted against the City as a result of the installation, placement, building erection, maintenance, occupation or use of the Improvements and/or failure of the Owner to maintain the Improvements in such a condition as to prevent against injury to persons or property. 6. INSURANCE. Owner shall maintain a public liability insurance policy, naming City as an additional insured, which provides coverage for damage to the property of others or injury or death to persons. Such coverage shall be on an occurrence basis and shall include contractual liability coverage with respect to the indemnity obligation in Paragraph 5 above. Said policy shall contain a clause which provides the insurer will not change, non-renew, or materially change the policy without first providing the City thirty (30) days prior written notice. The Owner shall provide the City with a Certificate of Insurance for such coverage that specifically details the conditions in Paragraphs 5 and 7 of this Agreement. 7. WAIVER OF CLAIMS. The Owner acknowledges the City’s ownership of the Public Property and knowingly and voluntarily waives and releases any and all claims against the City arising from, based on, or related to Owner’s being permitted to maintain the encroachment of the Improvements on the Public Property as permitted by this Agreement, including but not limited to claims of abandonment, diminution in value, takings and contractual claims arising out of this Agreement, except any claims which are the result of the sole negligence or willful misconduct of the City or its employees or agents. The Owner acknowledges being represented by legal counsel in connection with this Agreement, and that the Owner has read and understands the terms of this Agreement. 8. CONDITION OF PUBLIC PROPERTY. The Owner acknowledges the City has made no representations or warranties regarding the condition of the Public Property or its suitability for the uses permitted by this Agreement. 9. NO VESTED RIGHTS. This Agreement shall not constitute or be construed as Kinsley Townhomes Development Agreement 27 creating or establishing any vested right of the Owner to the area encroached upon. 10. Owner hereby agrees to the following additional conditions: A. The Improvements shall be located as depicted in the Plans. B. The design of the Improvements shall be subject to the terms of the Development Agreement. The location of the Improvements shall be as depicted in the Plans. C. Owner shall secure from City all required municipal permits prior to any construction within the Public Property. D. Drainage from Owner’s and all adjacent properties shall at no time be impeded or blocked due to the Improvements. E. The Improvements and all work completed in relation thereto shall be in accordance with the City’s current standards and ordinances and other applicable laws and/or regulations. 11. BINDING EFFECT. Except as hereinafter provided, this Agreement shall run with Owner’s Property and the Public Property and bind and inure to the benefit of the parties hereto and their respective heirs, successors and assigns. 12. ENTIRE AGREEMENT. This Agreement contains all the terms and conditions relating to the Improvements and replaces any oral agreements or other negotiations between the parties. No modifications of this Agreement shall be valid until they have been placed in writing and signed by all parties hereto. 13. RECORDING. The Owner shall cause this Agreement to be filed for record with the Hennepin County Recorder/Registrar of Titles (as applicable) within 30 days of its execution by the Owner and the City. Evidence of filing shall be provided to the City within 30 days thereafter. Kinsley Townhomes Development Agreement 28 CITY OF EDEN PRAIRIE By: NOT TO BE SIGNED Ronald A. Case, Mayor By: NOT TO BE SIGNED Rick Getschow, City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of _______, 20___, by Ronald A. Case and Rick Getschow, respectively then Mayor and City Manager of the City of Eden Prairie, Minnesota, a municipal corporation on behalf of the corporation. ______________________________ NOTARY PUBLIC Development Agreement – Kinsley Townhomes 29 Pulte Homes of Minnesota, LLC By: NOT TO BE SIGNED _ ITS STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of _______, 20__, by _____________________, the ____________________ of Pulte Homes of Minnesota, LLC, a Minnesota limited liability company, on behalf of the company. ______________________________ NOTARY PUBLIC This instrument was drafted by: CITY OF EDEN PRAIRIE 8080 MITCHELL ROAD EDEN PRAIRIE, MN 55344 Development Agreement – Kinsley Townhomes 30 Exhibit A To Encroachment Agreement Plans Development Agreement – Kinsley Townhomes 31 EXHIBIT F Kinsley Townhomes Development Agreement INSPECTION AND MAINTENANCE AGREEMENT FOR PRIVATE STORMWATER FACILITIES This Inspection and Maintenance Agreement (“Agreement”) is made and entered into this ____ day of , of the year, 20___, by and between __________________, a ____________________, its successors and assigns (hereinafter called the “Owner”, whether one or more) and the City of Eden Prairie, a Minnesota municipal corporation (hereinafter called “City”). WITNESSETH, that WHEREAS, the City is required by federal and state surface water quality regulations and its National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) permit to prevent surface water quality degradation from development and redevelopment activities within its jurisdiction; WHEREAS, the City has adopted stormwater regulations as required by the MS4 permit and such regulations are contained in Section 11.55 of the Eden Prairie City Code; WHEREAS, a structural stormwater Best Management Practice (BMP) is defined in the MS4 General Permit as "a stationary and permanent BMP that is designed, constructed and operated to prevent or reduce the discharge of pollutants in stormwater.” These may include, but are not limited to green roofs, permeable pavement, bioretention basins, rain gardens, infiltration basins, sand filters, stormwater ponds, manufactured treatment devices, and structures that perform chemical treatment of stormwater; WHEREAS, “structural stormwater BMPs” are called “stormwater facilities” in Section 11.55, Subd. 2 of Eden Prairie City Code; WHEREAS, the Owner is the fee owner of real property located at _____________(property address and/or PID)_____________________ and legally described on the attached Exhibit A Development Agreement – Kinsley Townhomes 32 (“Property”); WHEREAS, the Owner has constructed or will construct certain stormwater facilities on the Property that have been approved by the City in accordance with City Code; WHEREAS, some or all of the stormwater facilities on the Property serve private property and are not owned, operated or maintained by the City (“Private BMPs”). A drawing showing the general area of Private BMPs is attached to this Agreement as Exhibit B for ease of identification; WHEREAS the City’s MS4 Permit requires the City to have an executed legal mechanism for the inspection and maintenance of Private BMPs. NOW, THEREFORE, in consideration of the benefits received by the Owner as a result of the approval by the City, the Owner does hereby covenant and agree with the City as follows: 1. The Owner will provide long-term maintenance and continuation of the Private BMPs identified in Exhibit B, to ensure that all Private BMPs are and remain in proper working condition in accordance with the original design specifications. The Owner must perform inspection and maintenance activities utilizing the checklists provided in Exhibit C (or similar, approved in advance by City staff), as well as the recommendations set forth in the Minnesota Stormwater Manual. 2. Following final acceptance of the construction by the City, the Owner must maintain a copy of this Agreement on site, together with a record of all inspections and maintenance actions required by this Agreement. The Owner must document the inspections, remedial actions taken to repair, modify or reconstruct the system, the state of the Private BMPs, and notify the City of any planned change in ownership or management of the system. 3. All Private BMPs must undergo, at a minimum, one (1) inspection annually for two (2) years after completion and final acceptance of the construction. After two (2) annual inspections are approved by the City in writing, all private BMPs must undergo, at a minimum, one (1) inspection every five (5) years to document maintenance and repair needs and ensure compliance with the requirements of this Agreement and all federal, state and local regulations. An inspection report for each inspection must be filed with the City through its website within ninety (90) days of the inspection. The inspection frequency may be increased as deemed necessary by the City to ensure proper functioning of the Private BMPs. 4. If the City’s NPDES permit is revised in a way that directs the City to manage stormwater treatment systems differently than specified in this agreement, the direction of the NPDES Development Agreement – Kinsley Townhomes 33 permit will supersede and override the provisions of this Agreement. 5. The Owner hereby grants permission to the City, its authorized agents, contractors, and employees the right of ingress, egress and access to enter the Property at reasonable times and in a reasonable manner for the purpose of inspecting Private BMPs. The Owner hereby grants to the City the right to enter the Property to install and maintain equipment to monitor or test the performance of the Private BMPs for quality and quantity upon reasonable notice to the Owner. Whenever possible, the City will notify the Owner prior to entering the Property and will use its best efforts not to disturb the Owner’s use and enjoyment of the Property while conducting such inspections. 6. In the event the City determines that the Private BMPs are not being maintained in good working order, the City will give written notice to the Owner to repair, replace, reconstruct or maintain the Private BMPs within a reasonable time, not to exceed 30 days. If the Owner fails to comply with the City’s notice within the time specified, Owner authorizes the City or its agents to enter the Property to repair, reconstruct, replace or perform maintenance on the Private BMPs at the Owner’s expense. It is expressly understood and agreed that the City is under no obligation to maintain or repair any Private BMPs, and in no event will this Agreement be construed to impose any such obligation on the City. 7. In the event the City, pursuant to this Agreement, performs work of any nature on Private BMPs on the Property, or expends any funds in the performance of said work for labor, use equipment, supplies, materials, and the like, the Owner will reimburse the City upon demand, within thirty (30) days of receipt of written request for reimbursement for all costs incurred by the City. If the City has not received payment from the Owner by the end of the thirty (30) day period, the City may use any other remedies available by law to collect the amount due from the Owner, and may also recover and collect from Owner the reasonable expenses of collection, including court costs, and attorney fees. 8. It is the intent of this Agreement to assure the City of proper maintenance of Private BMPs on the Property by the Owner; provided, however, that this Agreement will not be deemed to create or affect any additional liability of any party for damage alleged to result from or be caused by the Private BMPs or stormwater management practices on the Property. 9. The Owner and the Owner’s heirs, executors, administrators, assigns, and any other successors in interest, will indemnify and hold the City and its agents and employees harmless for, and defend against at its own expense, any and all damages, accidents, casualties, occurrence, claims, and expenses, including reasonable attorney’s fees, which might arise or be asserted, in whole or in part, against the City from the construction, presence, existence, or maintenance of the Private BMPs subject to this Agreement. In the event a claim is asserted against the City, its officers, agents or employees, the City will Development Agreement – Kinsley Townhomes 34 notify the Owner, who must defend at Owner’s expense any suit or other claim against the City with counsel acceptable to the City. 10. No waiver of any provision of this Agreement will affect the right of any party to enforce such provision or to exercise any right or remedy available to it in the event of another party’s default. 11. The Owner must record this Agreement with the Hennepin County Recorder and/or Registrar of Titles’ Office, as appropriate. This Agreement constitutes a covenant running with the land and will be binding upon the Owner and the Owner’s heirs, administrators, executors, assigns, and any other successors in interest to the Property. 12. The Owner must have the Private BMPs inspected in accordance with Section 11.55 of City Code and certify to the City that the constructed facilities conform to the approved stormwater management plan for the Property. If the constructed condition of the Private BMP or its performance varies significantly from the approved plan, appropriately revised calculations must be provided to the City and the plan must be amended accordingly. 13. The Owner agrees that for any Private BMPs to be maintained by a property owner’s association, deed restrictions and covenants for property included in the association will: (a) include mandatory membership in the property owner’s association responsible for providing maintenance of the Private BMPs; (b) require the association to maintain the private BMPs; (c) prohibit termination of this maintenance responsibility by unilateral action of the association; and (d) provide for unpaid dues or assessments to constitute a lien upon the property of individual owners within the association upon recording a notice of non- payment. 14. This Agreement must be re-approved and re-executed by the City if all or a portion of the Property is subdivided or assembled with other property or if Private BMPs or their drainage areas are modified, causing decreased effectiveness. New, repaired, or improved Private BMPs must be implemented to provide equivalent or better treatment when compared with the original structural stormwater BMPs. 15. The Owner must sweep all private streets, driveways, sidewalks, trails and parking areas within the Property as delineated in Exhibit B at least once each year, either in the spring following snowmelt or in the fall after leaf fall. 16. The Owner must submit inspection and maintenance records for each Private BMP to the City's Water Resources Coordinator through the City’s website at the frequency required in this Agreement. The Owner may use the inspection and maintenance checklists found in Exhibit C, or similar documentation as approved by the City. 17. The City may seek any remedy in law or equity against the Owner for a violation of this Development Agreement – Kinsley Townhomes 35 Agreement. 18. In the event that this Agreement is inconsistent with Eden Prairie City Code regarding the inspection and maintenance of Private BMPs, the provisions which provide greater protection for water resources, as determined by the City in its sole discretion, will prevail. 19. The recitals set forth above are expressly incorporated herein. (signatures on following pages) Development Agreement – Kinsley Townhomes 36 IN WITNESS WHEREOF, Owner and the City have entered this Agreement as of the date written above. OWNER NOT TO BE SIGNED __ By: ______________________________ Its: ______________________________ STATE OF MINNESOTA ) ) ss. COUNTY OF ___________ ) The foregoing instrument was acknowledged before me this ____ day of ____________, 20__, by , the , of ________________, a _______________________, on behalf of the company. Notary Public Development Agreement – Kinsley Townhomes 37 CITY OF EDEN PRAIRIE By_ NOT TO BE SIGNED Ronald A. Case Its Mayor By_ NOT TO BE SIGNED Rick Getschow Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of ________________, 20__, by Ronald A. Case and Rick Getschow, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. _______________________ Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Development Agreement – Kinsley Townhomes 38 EXHIBIT A: Legal Description of Property EXHIBIT B: Map of Private BMPs on Property, including City water body identification number and areas requiring street sweeping EXHIBIT C: City of Eden Prairie Private Stormwater BMP Inspection Checklist and Maintenance Checklist Development Agreement – Kinsley Townhomes 39 EXHIBIT G Kinsley Townhomes Development Agreement AGREEMENT REGARDING SPECIAL ASSESSMENTS THIS IS AN AGREEMENT MADE THIS ____ day of ___________, 202__, between the City of Eden Prairie, a municipal corporation, (the “City”) and ________________________________________ a ________________________ (the “Owner”). A. The Owner holds legal and equitable title to property described as , Hennepin County, Minnesota, which property is the subject of this Agreement and is hereinafter referred to as the "Property". B. The Owner desires to develop the property in such a manner that relies upon the City's trunk utility system, including trunk sanitary sewers, trunk watermains, wells, elevated storage facilities and a water treatment plant (all of which is hereafter referred to as the "Improvement"). C. The parties hereto desire to enter into an Agreement concerning the financing of the construction of the Improvements all of which will inure to the benefit of the Property. AGREEMENTS IT IS HEREBY AGREED as follows: 1. The Owner consents to the levying of trunk assessments against the Property in the amount of $ for the Improvements. 2. The City's assessment records for the Property will show the assessments as a "pending assessment" until levied. 3. The interest rate on the assessment will be determined by adding two (2) percent to the interest rate for a 20-year AAA rated bond at the time the assessment is levied. Interest rates are determined annually in October when special assessments are levied. All special assessments are charged 14 months interest for the first year to include November and December after City Council’s approval and the full next calendar year. 4. The Owner waives notice of any assessment hearing to be held at which hearing or hearings the assessment is to be considered by the City Council and thereafter approved and levied. Development Agreement – Kinsley Townhomes 40 5. The Owner concurs that the benefit to the Property by virtue of the Improvements to be constructed exceeds the amount of the assessment to be levied against the Property. The Owner waives all rights it has by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of the assessments, or the procedures used by the City in apportioning the assessments and hereby releases the City, its officers, agents, and employees from any and all liability related to or arising out of the imposition or levying of the assessments. 6. This Agreement shall be effective immediately. 7. This Agreement may not be terminated or amended except in writing executed by both parties hereto, provided however upon the levying of the special assessments contemplated by Paragraph 1 hereof the City may upon request of the owner of the property affected, without the necessity of further City Council approval, unilaterally prepare and provide to the owner for recording a document releasing any property so levied from this Agreement. 8. This Agreement constitutes a lien on the Property in the amount of $______________ until such time as the trunk assessments referred to above are levied. Development Agreement – Kinsley Townhomes 41 OWNER CITY OF EDEN PRAIRIE A Minnesota A Minnesota Municipal Corporation By: NOT TO BE SIGNED By: NOT TO BE SIGNED Ronald A. Case Its Mayor By: NOT TO BE SIGNED Rick Getschow Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ______ day of ____________, 202__, by Ronald A. Case, the Mayor, and Rick Getschow, the City Manager, of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ______ day of ___________, 2022, by the , a Minnesota , on behalf of the . Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 KINSLEY TOWNHOMES CITY COUNCIL OCTOBER 17, 2023 SEPTEMBER CITY COUNCIL REVIEW •Approved First Reading Approvals for rezoning and PUD with direction to revise the plans to: •Not connect Valley Road to the adjacent single family neighborhood while retaining the right of way to the east property line and construct a sidewalk to from Dell Road to the east property line; •Provide additional screening along the east and south property lines; •Explore options to provide additional off-street parking; •Provide a screening fence of an alternate material PLAN REVISIONS – ROAD CONNECTION Revised Plan Original Plan PLAN REVISIONS – TRAIL LOCATION PLAN REVISIONS – FENCE PLAN REVISIONS – LANDSCAPING •26 arborvitae and 3 white pines added along south property line; •15 conifer trees added along east property line; and •Reduces significant tree removal by 109 caliper inches EXISTING LANDSCAPING – SINGLE FAMILY TO THE EAST End of Valley Road from Preston Place Existing rear yard landscaping from Preston Place Looking north along east property line EXISTING LANDSCAPING – TOWNHOMES TO THE SOUTH Existing rear yard landscaping looking north from townhomes Looking south at townhomes from right of wayLooking SE at townhomes from existing right of way Requested Action Move to: • Close the public hearing; and • Adopt a Resolution for a PUD Concept Plan Review on 1.23 acres; and • Approve the 1st Reading of an Ordinance for a PUD District Review with Waivers on 1.23 acres; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Synopsis Mister Car Wash is proposing to construct a new automatic car wash facility, replacing a Burger King restaurant building that was removed in 2022. The property is located at the intersection of Flying Cloud Drive and Prairie Center Drive. Crystal View Road forms the northern border of the site. The property is 1.23 acres and is zoned Commercial-Regional-Service and is guided Regional Commercial. The proposed car wash facility is a permitted use in the zoning district. The improvements include a 5400 sq ft car wash building, point of sale canopies, trash enclosure and vacuum equipment, and a shelter for attendants. The building materials exceed the minimum requirements. A waiver from the 35-foot front yard setback off Flying Cloud Drive is requested, 25 feet is proposed. Staff supports the waiver due to the site being surrounding on three sides by public streets, and the waiver allows the building to screen the vehicle stacking and vacuum area of the site from Flying Cloud Drive. CITY COUNCIL AGENDA SECTION: Public Hearings DATE Oct. 17, 2023 DEPARTMENT / DIVISION Community Development/ Planning Julie Klima/ Jeremy Barnhart ITEM DESCRIPTION Mister Car Wash ITEM NO. X.A. Background The Planning Commission reviewed the project at its meeting on Monday, October 9th. The Commission discussed the setback waiver, questioning if the closer setback would create an unfair advantage for Mister Car Wash, at the expense of other retailers on the same block. Ultimately, the Commission noted the grade change, and the elevation of the Mister Car Wash building would not block visibility, and recognized the benefit of the car wash building screening the interior of the lot, and supported the waiver. Additionally, the Commission discussed the canopies. Commissioners felt the three smaller canopies addressed the scale and mass concerns and supported the canopy configuration. Lastly, Commissioners discussed the amount of stacking, and suggested removing some of the stacking area would allow for the building to shift north, reducing some of the waiver. Staff felt the stacking amount was appropriate, preventing queueing into Crystal View Road in the worst-case scenario. With a vote of 6-0, the Planning Commission recommended approval of the project based on the plans submitted. Attachments 1. Resolution 2. Ordinance 3. Planning Commission Staff report 4. Planning Commission Minutes – October 9, 2023 (Unapproved) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2023-___ A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF THE MISTER CAR WASH FOR MISTER CAR WASH . 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 October 9, 2023, on the proposed Mister Car Wash redevelopment by Mister Car Wash. 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 October 17, 2023. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Mister Car Wash, 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 dated September 6, 2023. 3. That the PUD Concept meets the recommendations of the Planning Commission dated October 9, 2023. ADOPTED by the City Council of the City of Eden Prairie this 17th day of October, 2023. ___________________________ Ronald A. Case, Mayor ATTEST: ______________________________ Sara Aschenbeck, Acting City Clerk EXHIBIT A PUD Concept Legal Description: Lot 003, Block 002, The Preserve Commercial Park North 2nd Addition, Hennepin County, Minnesota MISTER CAR WASH CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2023-PUD-__-2023 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE DESIGNATION OF CERTAIN LAND WITHIN A ZONING DISTRICT AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the “land”) is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the designation of the land be amended within the C-REG-SER Zoning District as -2023-PUD-_-2023 (hereinafter "PUD-_-2023”). Section 3. The City Council hereby makes the following findings: A. PUD-_-2023 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-_-2023 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-_-2023 are justified by the design of the development described therein. D. PUD-_-2023 is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 4. The proposal is hereby adopted and the designation of the land shall be, and hereby is amended in the C-REG-SER Zoning District as Planned Unit Development PUD- _-2023 and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 5. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of _______________, 2023 entered into between Mister Car Wash, an Arizona corporation, and the City of Eden Prairie (hereinafter “Development Agreement”). The Development Agreement contains the terms and conditions of PUD-_-2023, and are hereby made a part hereof. Section 6. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Section 11.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 17th Day of October, 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: __________________________________ _____________________________ Sara Aschenbeck, Acting City Clerk Ronald A. Case, Mayor EXHIBIT A PUD Legal Description Legal Description Lot 003, Block 002, The Preserve Commercial Park North 2nd Addition, Hennepin County, Minnesota TO: Planning Commission FROM: Jeremy Barnhart, City Planner DATE: October 9, 2023 SUBJECT: Mister Car Wash LOCATION: 8340 Crystal View Rd. REQUEST: PUD Concept Review on 1.23 acres PUD District Review with Waivers on 1.23 acres Site Plan Approval on 1.23 acres 120 DAY REVIEW PERIOD: The 120 day review period has been extended and expires on December 1. BACKGROUND Mister Car Wash is proposing to construct a new automatic car wash facility, replacing a Burger King restaurant building that was removed in 2022. The property is located at the intersection of Flying Cloud Drive and Prairie Center Drive. Crystal View Road forms the northern border of the site. The property is 1.23 acres and is zoned Commercial-Regional-Service, and is guided Regional Commercial. The proposed car wash facility is a permitted use in the zoning district. SITE PLAN The project includes a new 5400 square foot single story building located on the south side of the site. Access to and from the site will be from a single driveway off of Crystal View. Users will route internally through a proposed canopied Point of Sale (POS) area on the west side of the site and enter the car wash building from the west. Cars will exit from the east side of the building. The plan provides for three lanes of stacking to the POS canopy. Nineteen on-site parking spaces are Staff Report – Mister Car Wash October 9, 2023 Page 2 2 provided, north of the building. Each of these spaces will have a vacuum capability, including the accessible space. The electronic machinery for the vacuums will be located in roofed structures, one at the east end of each parking row. There will be lighted vacuum arms serving each side of each parking space. PLANNED UNIT DEVELOPMENT WAIVERS The following waiver is requested: Front Yard setback off of Flying Cloud Drive. The required setback for the building is 35 feet, the plans show 18 feet of setback. The applicant is requesting the waiver to allow for better internal circulation. To offset the waiver, the applicant proposes building materials that exceed the minimum requirements, and a robust landscaping plan. Staff supports the waiver because the encroachment will not negatively impact the perception of open space due to the existing retaining wall and proposed landscaping. BUILDING DESIGN/ MATERIALS There are 3 buildings and three canopies proposed for the site. The principal building will be faced with a combination of stone veneer, brick, glass, and metal. The building exceeds the minimum requirement of 75% for class I material on all four sides, with a range between 78% and 82% on each side. A separate building is proposed to house the dumpster. This building is faced with matching brick and is located immediately north-east of the principal building. The access doors are wood. A similar building for the vacuum equipment is proposed just north of this building. Finally, a building for the POS attendant is also proposed. This roughly 7’ by 5’ building is faced with stone veneer, brick and glass to the match the building. 100% of each of these facades is class I materials. Canopies The site plan includes three canopy structures over the POS stations. Each canopy is about 80 sq ft. The posts are painted metal, and the canopy itself is painted metal. City Code provides some design guidance for canopies for auto fuel businesses, where customers are required to exit the vehicle. In those situations, the canopy is to be connected to the building, among other design requirements. Mister Car Wash customers are not expected to leave the vehicle during the wash selection or pay phase of the transaction. Staff has communicated to the applicant that the canopies are not consistent with the Design Guidelines of the City. Staff is recommending that the plans be revised to remove the stand alone canopy structures prior to the 2nd reading of the project by the City Council. Staff Report – Mister Car Wash October 9, 2023 Page 3 3 TREE LOSS AND GRADING There are 7 trees on site currently, 6 of them meeting the City’s standard as significant trees. A total of 5 significant trees will be removed with the project, resulting in a replacement of 38 caliper inches of trees. Replacement of 31 inches of trees are shown generally in the western edge of the site, the balance of 7 replacement inches will be paid through the tree replacement fee. The site is generally flat, and much of the current grading will remain. The existing retaining wall along the south side of the property along Flying Cloud Drive will remain, though it will be lengthened to the east. Berming will be added along the west side of the property, along Prairie Center Drive, for additional screening and to further the goals of the Major Center Area Plan. LANDSCAPE PLAN The landscape plan includes a variety of plant materials providing screening and interest along Prairie Center Drive and Crystal View Road. This property is located within the Major Center Area, occupying a prominent corner at the intersection of Flying Cloud Drive and Prairie Center Drive. Since the building cannot be located at the corner of Flying Cloud Drive and Prairie Center Drive, anchoring that corner due to the overhear power line easement, the landscaping and berming is used to anchor that corner. Additional Staff Report – Mister Car Wash October 9, 2023 Page 4 4 landscaping was added to the west slope of the berm for additional interest, texture, and color. Berming, landscaping, and grade will screen headlights for traffic on Prairie Center Drive and Flying Cloud Drive. The western 1/3 of the site is constrained by an existing overhead power line easement, preventing tall trees. The landscaping plan has been preliminarily approved by the utility easement holder. SIDEWALKS AND TRAILS There is an existing sidewalk along Crystal View Rd and trails along Prairie Center Drive and Flying Cloud Drive, which will be retained. Portions of these public amenities encroach into the subject property, additional easements have been requested and agreed to ensure these features are controlled by the public. Pedestrian ramps are being improved to be ADA compliant at the northwest and southwest corners of the property. A sidewalk is proposed from the building north to the public sidewalk along Crystal View Rd. DRAINAGE Stormwater will be collected and directed to an underground management system on site. Some of this water will be used for the irrigation system. An in-pavement heating system will melt snow and ice at the entrance and exit of the car wash. Stormwater management conforms to applicable requirements. LIGHTING Lighting on the site complies with applicable City Code. SIGNS The elevations show building signs on four sides of the building, and no free standing sign. Any signage will require a separate permit. UTILITIES The existing water service line will be replaced with a new 6’ water line. The building will be sprinklered. Approximately ½ of the water necessary for each car wash cycle will be reclaimed from previous washes. PARKING City Code does not have include a specific requirement for car wash businesses. In these situations, the City Manager establishes the parking requirement. Staff reviewed the parking requirements for car washes in other peer communities. The table below illustrates the parking requirements if parking was applied to the entire structure, or just the ‘retail’ portion of the building, (excluding the car wash area). A review of area cities suggests a range of parking requirements for car wash businesses between 3 and 10 parking spaces if applied to the retail Staff Report – Mister Car Wash October 9, 2023 Page 5 5 area, or 10-22 if applied to the entire building: City Classification Ratio Retail only Total space St. Louis Park Retail 1/250 4 22 Minnetonka Gen. Service 3/1000 3 16 Richfield Auto 4 + 2/stall or 1/150 retail area 5 Bloomington Car Wash 1/375 3 15 Maple Grove Car Wash 10 or 1/employee 10 10 Eden Prairie Service 5/1000 5 27 Customers may purchase car washes and gift certificates from the POS areas, and do not need to walk into the business. A retail parking ratio applied to the “retail” space (offices, breakroom, training, restrooms, etc.) of the building provides a more reasonable parking requirement, given the uniqueness of the use. The applicant has stated that the 3-5 employees on site during a given shift will either bike, take public transportation, or park on site. 960 sq ft of the building is ‘retail’ space. Applying the retail parking ratio to this space requires 5 spaces (5 spaces per 1000 square feet) which also corresponds to the number of employees expected. The site plan shows 19 spaces, though all 19 have vacuum capability. SUSTAINABILITY Approximately ½ of the water necessary for each car wash cycle is reused in another car wash cycle. Some storm water is retained in underground cisterns and used for irrigation. No EV charging stations or solar panels are proposed for the project. STAFF RECOMMENDATION Staff recommends approval of the project subject to the removal of the canopies. The canopy structures are street ward of the principal structure and unnecessarily add bulk and mass to the site, detract from the landscaping plan, and are not consistent with the City’s design goals. UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, OCTOBER 9, 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 Kirk, Pieper and Weber were absent. III. APPROVAL OF AGENDA MOTION: Grote moved, seconded by Taylor to approve the agenda. MOTION CARRIED 6-0. IV. MINUTES MOTION: Taylor moved, seconded by Mette to approve the minutes of August 28, 2023. MOTION CARRIED 6-0. V. PUBLIC HEARINGS A. MISTER CAR WASH (2023-03) Request for: • Planned Unit Development Concept Review on 1.23 acres • Planned Unit Development District Review with waivers on 1.23 acres • Site Plan Review on 1.23 acres Prabhs Matharoo, of the Mr. Car Wash development team, presented a PowerPoint and detailed the application. The development was located at Flying Cloud Drive and Crystal View Road, and displayed a rendering of the final PLANNING COMMISSION MINUTES October 9, 2023 Page 2 development. He introduced his colleagues and gave an overview of Mr. Car Wash, which was the largest car wash operation in the United States. Matharoo explained the water conservation process developed by his team. He displayed the site location and overall plan at the former Burger King site. The waiver addressed the encroachment into the setback along Flying Cloud Drive and would improve circulation of automobiles on the site. In addition it would ease the backlog of the car service, which was currently at capacity. The trash and vacuuming enclosure would be moved closer to the building. The canopy was too large and would be brought into compliance with City ordinances with three smaller canopies covering the pay lanes. Pedestrian ramps would be added to maintain ADA compliance. The materials and elevations would be upgraded to adhere to City guidelines, allowing for 70 percent of the materials to be Class One. Brick was added and the point-of-sale canopy was divided into three canopies. Sivilay asked for and received confirmation this development was similar to the Mr. Car Wash in Brooklyn Park. Taylor asked for and received the square footage of the existing site (42,000 feet). Mette asked for and received confirmation the proposed canopies were smaller scale. Farr asked for and received confirmation the development would move from the existing site, which would be sold, to the new proposed location. Farr asked how many cars per minutes the business serviced. Luke Kittley, director of Midwest operations, explained the business could wash over 1,000 cars a day, or two cars per minutes (120/hour). The current site was a right-hand turn, whereas the proposed site would be a gradual left-hand turn. Taylor asked if there were tanks under the existing site. Kittley replied there were, but they were 50 years old. The new site would increase conservation from 10 to 50 percent of the water. All processes were biodegradable, and no chemicals were used. Taylor asked the fate of the tanks on the current sites, and Kittley replied they could be either filled with concrete or removed. Farr asked for the stacking plan, which Matharoo provided. Farr stated the traffic study indicated car trips per hour for weekday and weekend peak times: the maximum, 114.hour, was less than the total capacity supplied by Kittley. Up to four cars would wait in line, which agreed with the applicant’s numbers, so Farr did not see a need for two traffic lanes, and asked why the variance could not be avoided. Kittley replied an entire row of vacuums would be lost with that change. Farr suggested the vacuuming stalls be moved so that a 14-foot-wide lane was created. Matharoo replied the structural footings of the building were in the setback, and the applicant did not want the vacuum stalls so close to Prairie Center Drive, which directed the current design as proposed. PLANNING COMMISSION MINUTES October 9, 2023 Page 3 Mette asked if the trees slated for removal near Crystal Review could be saved. Matharoo offered to revisit the site plan and landscape design. Barnhart gave the staff report. There was a discrepancy with the waiver, with the narrative giving a 22-foot setback and the site plan giving a 25-foot setback, and this would be resolved between the applicant and staff. Staff did support the waiver for the principal structure rather than the auxiliary structure. The applicant was providing additional easement along Crystal View Road and Flying Cloud Drive to accommodate the existing encroaching sidewalk and trail. The building did exceed all minimum materials requirements, as did the vacuum row and the point-of-sale attendant row. The proposed canopies mitigated the massing on the current site. They would be attached to the building according to the City’s standards. A small temporary canopy could be used when necessary. Staff recommended approval of the application. MOTION: Grote moved, seconded by Taylor to close the public hearing. Motion carried 6-0. Mette stated she did not have a concern regarding the canopies; however, the setback did not agree with other setbacks on the street in this area. This caused her some concern but she was satisfied with the design after hearing the explanation. Farr added he had shared this concern from the point of view of equitable retailer visibility but understood the justification for it after visiting the site and seeing it in three dimensions. However he urged the commission to continue to consider setback consistency. Mette agreed this unique location elevation was a caveat to approving this waiver. Farr asked the reasons for the canopies. Kittley stated there were many reasons for them, including snowfall and employee comfort. The peak season was in the winter going toward spring, which also required the heated and air conditioned kiosk. The canopies’ size would be similar other canopies used by Mr. Car Wash, though they were swing arches and these would be flat. Farr asked for and received confirmation staff preferred no canopies, but the motion tonight would be with the understanding that canopies would also be approved. Taylor asked if the canopies had any branding. Matharoo replied the color with “UWC” (unlimited car wash) would signal the Mr. Car Wash brand. Grote stated he had a monthly pass, and asked what percent of members never interacted with staff. Kittley replied it was roughly 75 to 80 percent. One lane would handle retail customers, and the other three for touch-free members. Farr asked how these land assignments would be communicated without the canopies, and Kittley replied it would be difficult, and would require a redesign. Matharoo added all the existing sites had canopies which also functioned as very large signs. He foresaw a circulation issue without the canopies. PLANNING COMMISSION MINUTES October 9, 2023 Page 4 Farr asked for the signage limits when this applicant requested a sign permit. Barnhart replied wall signage and free-standing signs were possible as well as incidental signs. There was a lot of signage allowed in a commercial district, though he would have to retrieve the dimensions. Staff did review the incidental signage requirements, and directional signage or clearance markers could be alternatives. Taylor stated he would be more concerned if the vacuum lanes were adding canopies, but he was not concerned with the existing design. He noted the greater conservation of water was a plus. He asked if there was a detailing section, and Kittley replied there would not be. Farr stated he was satisfied with the architecture and materials, and was pleased with the counterclockwise circulation. Farr reiterated a motion for approval was a motion for approval of the three small canopies, and eliminating them required specific inserted language. Grote and Sherwood expressed satisfaction with the canopies as well. Farr stated the intention of the Zoning Code was to avoid clutter and found the trees could mitigate this. MOTION: Sherwood moved, seconded by Mette to recommend approval of a Planned Unit Development Concept Review on 1.23 acres; Planned Unit Development District Review with waivers on 1.23 acres; and Site Plan Review on 1.23 acres as represented in the October 9, 2023 staff report, as represented in the plans dated September 6, 2023 in the staff report. Motion carried 6-0. PLANNERS’ REPORT Jennifer Fierce gave the Building Sustainability Update. The Sustainable Building Standard established minimum sustainability criteria that went beyond existing state code for new construction or significantly renovated developments and were triggered by funding or land use incentives. This was also known as green building policies or green building standards. Eden Prairie had a goal of overall community-wide carbon neutrality by 2050. Subgoals were: five percent of new construction would be net zero by 2030, 80 percent by 2040, 100 percent by 2050. Five percent of the electricity load would be met with on-site solar by 2025, 10 percent by 2030. Thirty percent of passenger vehicles would be EV by 2030, 50 percent by 2040, and 100 percent by 2050. She displayed a graph of planned emissions reduction by strategy (residential efficiency, fuel switching, et cetera) and a list of cities with a similar standard (Duluth, Edina, St. Louis Park, Northfield, Rochester, Maplewood, and St. Paul). There were city-specific requirements, community rating systems, and the Minnesota state building code. Partnering with third parties contributed to this PLANNING COMMISSION MINUTES October 9, 2023 Page 5 standard. She explained the involvement and expertise of third-party partners and their rating systems. Fierce displayed the average upfront cost for LEED (Leadership in Energy and Environmental Design) Certified Projects in the project tiers (certified, silver, gold, platinum). She explained the costs for commercial and multifamily buildings. A city-specific requirement would apply to a project triggered by funding or land use incentives regardless of the rating system selected. They were established to ensure city sustainability priorities were met, and each city would determine a verification method. Eden Prairie was asking for predicted greenhouse gas emissions, built in in EV charging capacity, and built in solar energy capacity (EV capable, EV ready, or EV installed). She explained the different standards of EV capability depending on land use. Mette asked if townhomes were considered to be multi-family dwelling. Fierce replied they would have individual garage which would have individual EV capability. This contrasted with a multi-family unit with a shared parking ramp. Mette asked for and received confirmation that for a small commercial facility, one percent would be rounded up to one stall minimum. An EV universal standard, which was a City-specific requirement in Eden Prairie, would help ensure EV charging across rating systems would be consistent, which was not currently the case. Solar energy capability would apply to roof layout and material, electrical conduit and the space for the meter. A five percent sourcing panel system would have a payback of 15 years. A solar universal standard was needed as solar requirements across rating systems were not consistent. This standard would be triggered by any new construction of 2,000 square feed or more requesting a financial and land use incentive or any major addition over 10,000 square feet requesting the same. The standard would not apply to any other projects. Fierce displayed examples of these. Barnhart stated there would be some minor changes in the City Code Chapter 11 as a result of this standard which the commission would review in the future. Mette asked if a setback such as requested tonight would trigger the standard, and Barnhart replied it would. Grote noted these were aggressive goals and asked how many would be modified. Fierce replied Eden Prairie could closely match its stated EV goals. The City Council had adopted this standard on September 19 and it would take effect January 1, 2024. This was a City policy, not encoded into the Zoning Code. PLANNING COMMISSION MINUTES October 9, 2023 Page 6 Discussion followed on the cases in which this standard could and could not be required. Fierce stated in cases this standard could not be required, staff would continue to ask developers to incorporate these improvements. Mette agreed this was a very aggressive policy, adding costs to development, requiring consultant teams, et cetera. She asked how this standard compared to those in the other cities listed. Fierce displayed a comparison slide showing Eden Prairie to be basically comparable with other cities’ efforts. Mette noted this standard set a high bar, and stated she had some concerns about that. Farr agreed this was an ambitious standard since the application approved tonight would fall under its purview. Fierce stated affected developers could request modification or removal of the standard, which would be voted on by the City Council. Discussion followed on the possible effects upon non-incentivized affordable housing development. Farr commended the standard however, for its sustainable goals. Farr asked what would happen if a developer tried and failed to meet the standard, and Fierce stated she did not have a specific answer on this hypothetical situation, but there could be a financial penalty, decided by the City Council on a case-by-case basis. Farr asked if and received confirmation the City fully funded consultant fees. He suggested an equivalency checklist as a tool. Fierce agreed. Farr thanked Fierce for her presentation. MEMBERS’ REPORTS VI. ADJOURNMENT MOTION: Taylor moved, seconded by Mette to adjourn. Motion carried 6-0. The meeting was adjourned at 8:22 p.m. October 17, 2023 City Council City of Eden Prairie, MN Project Team Introduction Proposed Mister Car Wash – Eden Prairie, MN Prabhs Matharoo| Mister Car Wash Development pmatharoo@mistercarwash.com | 520-615-4000 Luke Kittley| Mister Car Wash Operations lkittley@mistercarwash.com | 520-615-4000 Eli Abnet | ISG, Inc eli.abnet@isginc.com | 952-426-0699 Amanda Thomas| ISG, Inc amanda.thomas@isginc.com | 952-426-0699 Benjamin Myers| ISG, Inc benjamin.myers@isginc.com | 952-426-0699 Andrea Rand| ISG, Inc andrea.rand@isginc.com | 952-426-0699 Mister Car Wash Overview 25 locations across Minnesota Largest Car Wash Operator in the United States •All locations are corporately owned and operated – No franchises •Express car wash – Customers stay in their vehicle with option to self-vacuum Publicly traded on the NYSE 450+ Sites 21 States 2.06mm Unlimited Wash Club® Members ~90mm Cars Washed Annually Reducing and Recycling Water Through the Wash Process We take water conservation seriously with state-of-the-art technologies 50% Recycled Water1 Reducing Freshwater Usage Through Recycling 1)On average, during the wash process for New Build construction 2)RO: Reverse Osmosis process of filtering water and removing total dissolved solids to create soft water. Freshwater Use Reduced •Freshwater usage reduced by 25% by our water system design •50% of water, on average,is recycled during the wash process •Sophisticated water filtration and storing systems that enable us to recycle and reuse water through the wash process Environmentally Friendly •All of our cleaning products are free of dyes •Concentrated proprietary chemistry reduces plastic usage in chemical storage •Industry leader with installation of air gates on blower systems to reduce energy pull during the drying process It’s not just about washing cars. It’s about how we wash them. We are focused on finding smarter ways to reduce our environmental impact and be more efficient in energy usage. 2 Site Location and Overall Plan Proposed Mister Car Wash – 8340 Crystal View Rd, Eden Prairie, MN 55344 Proposed Aerial image of property Site and Landscape Plan Site Plan Compliance and Waiver Request Inspiring People to Shine extends beyond the car wash tunnel into our communities through the various programs we participate in. Part of being a conscious neighbor is looking for ways to improve and provide a brighter future for everyone. Freshwater Use Reduced1.Shifted and reduced scale of POS Canopies 2.Shifted trash+vacuum enclosure to adjoin with the building 3.Add pedestrian ramps at NW and SW corners of the property to maintain ADA compliance 4.Requesting waiver to allow for better circulation Mister Car Wash has served the Eden Prairie community since 1999 and are looking forward to expand our ability to best serve their needs The existing location recycles up to 10% and our new models recycle 50% per wash Larger sites allow for better circulation and less congestion, and our systems have faster processing times Architecture – Building Elevations Entrance and Business/Mechanical Elevation Inspiring People to Shine extends beyond the car wash tunnel into our communities through the various programs we participate in. Part of being a conscious neighbor is looking for ways to improve and provide a brighter future for everyone. Architecture – Building Elevations Exit and Tunnel Wall Elevation Inspiring People to Shine extends beyond the car wash tunnel into our communities through the various programs we participate in. Part of being a conscious neighbor is looking for ways to improve and provide a brighter future for everyone. Architecture – POS Canopy and CSA Hut Elevations POS Canopy and Customer Service Attendant (CSA) Hut Architecture – CSA Hut Elevations Customer Service Attendant (CSA) Hut Renderings View from vacuum aisle Renderings View from site entry Renderings View from Flying Cloud Drive Renderings Aerial overview CITY COUNCIL AGENDA SECTION: Public Hearing DATE: October 17, 2023 DEPARTMENT/DIVISION: Ashton Kogel Public Works / Engineering ITEM DESCRIPTION: Special Assessment Hearing for the Approval of the 2023 Special Assessments ITEM NO.: X.B. Requested Action Move to: Close the public hearing for the approval of the 2023 Special Assessments and; Adopt the resolution approving all Special Assessments presented in the fall of 2023. Synopsis Each year, the City Council holds a public hearing to consider levying the Special Assessments that have been identified over the previous 12 months. This year, the Council will address a list of projects and supplemental assessments for such things as trunk utility assessments, connection fees and removal of tall grass, weeds and trees. Staff recommends Council approve the list of assessments. Background Information City Council established the amount to be assessed for the Fall 2023 assessment hearing at its regular meeting on September 19, 2023. See Exhibit A for the list of Projects and Supplementals that the Council will be asked to approve for levying Special Assessments for collection with property taxes. The total amount proposed to be assessed in 2023 is $139,965.00. Attachments • Resolution • Exhibit A • Published Notice • Notification List CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2023-____ WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections in the proposed assessments for the following improvements to wit: (See Exhibit A attached) NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie: 1. Such proposed assessments are hereby accepted and shall constitute the special assessment against the lands in the final assessment rolls, and each tract of land therein included is hereby found to be benefitted by the improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of years as shown on Exhibit A. Installments shall bear interest at the rates shown on Exhibit A, except no interest shall be charged if the entire assessment is paid within 30 days of the adoption of this resolution. To the first installment shall be added interest on the entire assessment from November 1, 2023 until December 31, 2024. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes beginning in 2024. 4. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Clerk, except that no interest shall be charged if the entire assessment is received by the City and paid within 30 days from the adoption of this resolution; and he/she may, at any time thereafter, pay to the city treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 5. It is hereby declared to be the intention of the Council to reimburse itself in the future for the portion of the cost of this improvement paid for from municipal funds by levying additional assessments, on notice and hearings as provided for the assessments being made, upon any properties abutting on the improvements but not herein assessed for the improvement when changed conditions relating to such properties make such assessment feasible. APPROVED on October 17, 2023 Ronald A. Case, Mayor ATTEST: SEAL Sara Aschenbeck, Acting City Clerk EXHIBIT A 1. I.C. 04-5632 Pioneer Trail Improvements Property Owner Parcel PID# Years / % Total Amount Deferred Amount 2023 Amount Pioneer Trail Holdings LLC 27-116-22-14-0037 20 Years at 5.69% $124,000.00 $0.00 $124,000.00 Supplementals Tall Grass & Weed Removal Parcel PID # Years / % 2023 Amount Restaurant Units Corp. 14-116-22-31-0031 1 Year at 5.69% $340.00 HPA Borrower 2018-1 LLC 25-116-22-24-0004 1 Year at 5.69% $234.00 Tree Removal – 1 Year Term Bill Mack 02-116-22-33-0006 1 Year at 5.69% $488.00 Yue Liu 05-116-22-31-0063 1 Year at 5.69% $1,795.00 Pro-T, LLC 12-116-22-11-0002 1 Year at 5.69% $473.00 Nam Lee & Ha Khuu 16-116-22-41-0127 1 Year at 5.69% $2,445.00 Lori Christiansen 16-116-22-41-0137 1 Year at 5.69% $1,195.00 Colt Investments, LLC 20-116-22-33-0002 1 Year at 5.69% $2,745.00 Gregory & Pamela Engel 29-116-22-21-0018 1 Year at 5.69% $2,595.00 Tree Contracted Removal – 5 Year Term Joel & Karen Ackerman 02-116-22-13-0056 5 Years at 5.69% 3,421.00 NOTICE OF HEARING ON PROPOSED SPECIAL ASSESSMENTS Notice is hereby given that the City Council will meet at 7:00 p.m. on Tuesday, October 17, 2023 in the City Center, 8080 Mitchell Road, Eden Prairie, Minnesota, for the purpose of holding a Public Hearing to consider the proposed assessments for the following improvements in Hennepin County, Minnesota: PROJECT I.C. 04-5632 Pioneer Trail Improvements 27-116-22-14-0037 The total amount to be assessed is $124,000.00. Tall Grass & Weed Removal 07-116-22-24-0013 14-116-22-31-0031 25-116-22-24-0004 The total amount to be assessed is $808.00. Tree Removal 1 Year 02-116-22-33-0006 05-116-22-31-0063 12-116-22-11-0002 16-116-22-41-0127 16-116-22-41-0137 20-116-22-33-0002 29-116-22-21-0018 The total amount to be assessed is $11,736.00. Tree Removal 5 Year 02-116-22-13-0056 The total amount to be assessed is $3,421.00. The proposed assessment roll is now on file with the City Clerk and in the office of the City Engineer and is open to inspection by all persons interested. All persons who wish to be heard with reference to the assessment roll should be present at the hearing to present either written or oral objections. Written or oral objections thereto by any property owner will be considered by the Council prior to the adoption of the assessment roll. CAUTION: No appeal may be taken as to the amount of any assessment adopted unless a written objection, signed by the affected property owner, is filed with the City Clerk prior to the assessment hearing or presented to the presiding officer at the hearing. An owner may appeal an assessment to the District Court pursuant to Minnesota Statutes 429.081, by serving notice of the appeal upon the Mayor or City Clerk within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. For your further information, please note the following: Pursuant to Minnesota Statutes 435.193 through 435.195, which establishes a hardship assessment deferral for seniors or retired disabled, the procedure to obtain a deferred assessment and sets forth the events upon which the option to defer payment terminates and all amounts accumulated plus interest become due. Pursuant to these statutes, the City may defer the payment of special assessments for homestead property of persons 65 years of age or older or retired by virtue of a permanent and total disability for whom it would be a hardship to make the payments, who meet certain standards relating to eligibility. A deferment procedure is authorized by City Code Section 2.84 and has been established by City Resolution 83-177. The principal amount of special assessments deferred for such persons will bear interest, but not exceeding the original principal amount of the assessment. Payment of the interest will also be deferred and will be added to the principal amount of the deferred assessment. Any person who wishes to receive a deferment must make application to the City Engineer's office no later than November 10th of the year preceding the year in which an assessment is payable. Applications therefore may be obtained from the City of Eden Prairie by contacting: Ashton Kogel, Engineering Project Coordinator City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 952-949-8316 By order of the City Council Published in the Sun Sailor on September 28, 2023 NOTIFICATION LIST 2023 SPECIAL ASSESSMENT HEARING NOTIFICATION LIST A copy of the Public Hearing Notice has been sent to owners of the following parcels: 27-116-22-14-0037 07-116-22-24-0013 14-116-22-31-0031 25-116-22-24-0004 02-116-22-33-0006 05-116-22-31-0063 12-116-22-11-0002 16-116-22-41-0127 16-116-22-41-0137 20-116-22-33-0002 29-116-22-21-0018 02-116-22-13-0056 CITY COUNCIL AGENDA SECTION: Payment of Claims DATE: October 17, 2023 DEPARTMENT/DIVISION: Tammy Wilson, Office of the City Manager/Finance ITEM DESCRIPTION: Payment of Claims ITEM NO.: X.I. Requested Action Move to: Approve the Payment of Claims as submitted (roll call vote) Synopsis Checks 303712 - 304088 Wire Transfers 1034453 - 1034555 Wire Transfers 9881 – 9917 Purchasing Card 9890 City of Eden Prairie Council Check Summary 10/17/2023 Division Amount Divison Amount 000 General 2,187 304 Senior Board 53 100 City Manager 110,714 308 E-911 1,064 101 Legislative 1,630 309 DWI Forfeiture 21 102 Legal Counsel 37,331 315 Economic Development 5,543 110 City Clerk 4,888 502 Park Development 537,704 111 Customer Service 3,917 509 CIP Fund 49,475 112 Human Resources 755 512 CIP Trails 84 113 Communications 13,549 513 CIP Pavement Management 1,364 114 Benefits & Training 1,605 522 Improvement Projects 2006 41,969 130 Assessing 2,437 539 2020 Improvement Projects 7,313 131 Finance 574 804 100 Year History 3 132 Housing and Community Services 59 Total Capital Projects Fund 644,593 133 Planning 1,561 136 Public Safety Communications 7,964 601 Prairie Village Liquor 117,672 137 Economic Development 791 602 Den Road Liquor 216,423 138 Community Development Admin.683 603 Prairie View Liquor 105,724 151 Park Maintenance 39,915 605 Den Road Building 184 153 Organized Athletics 1,672 701 Water Enterprise Fund 957,033 154 Community Center 27,981 702 Wastewater Enterprise Fund 401,390 155 Beaches 440 703 Stormwater Enterprise Fund 11,946 156 Youth Programs 18,693 Total Enterprise Fund 1,810,371 157 Special Events 1,033 158 Senior Center 8,551 802 494 Commuter Services 30,333 159 Recreation Administration 2,691 807 Benefits Fund 931,612 160 Therapeutic Recreation 115 812 Fleet Internal Service 160,366 162 Arts 5,195 813 IT Internal Service 117,929 163 Outdoor Center 540 814 Facilities Capital ISF 6,902 168 Arts Center 1,327 815 Facilites Operating ISF 18,782 180 Police Sworn 20,795 816 Facilites City Center ISF 28,593 184 Fire 639,308 817 Facilites Comm. Center ISF 39,849 186 Inspections 5,186 818 Dental Insurance 9,758 200 Engineering 5,210 Total Internal Svc/Agency Funds 1,344,124 201 Street Maintenance 23,503 202 Street Lighting 78,776 Report Total 4,881,967 Total General Fund 1,071,575 301 CDBG 7,560 303 Cemetary Operation 1,100 312 Recycle Rebate 2,644 Total Special Revenue Fund 11,303 City of Eden PrairieCouncil Check Register by GL 10/17/2023 Check #Amount Supplier / Explanation Account Description Business Unit Comments9899600,218 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Fire Relief Pension Payment Fire Fire Relief Pension payment 304050 492,281 PARKOS CONSTRUCTION COMPANY Building Repair & Maint.Park Acquisition & Development Round Lake Park Bldg Construction 303878 425,242 WIDMER CONSTRUCTION LLC Improvement Contracts Water Capital Eden Prairie Road Watermain Replacement 304035 371,569 METROPOLITAN COUNCIL MCES User Fee Wasterwater Collection Wastewater Svc Fee November 2023 9906 315,889 HEALTHPARTNERS Dental Insurance Dental Insurance Oct 2023 Premiums 9893 309,648 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR Ending 09.22.23 303972 253,460 AMERICAN LIBERTY CONSTRUCTION, INC Improvement Contracts Water Enterprise Fund Well House 17 construction 9891 217,013 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 09.08.23 304061 100,206 SCHMIDT CRAIG Deposits General Fund Kiwatchi Addition - Escrow for grading permit 137 9890 87,159 USB-PURCHASING CARD Various Various Funds 304017 83,325 INTERNATIONAL TANK & PIPE CO Improvement Contracts Water Enterprise Fund 1034497 81,380 XCEL ENERGY Electric Various Funds 303795 66,898 ARVIG ENTERPRISES INC Other Contracted Services IT Capital 304011 46,724 GUARDIAN FLEET SAFETY LLC Autos Various Funds 1034486 46,415 MINNESOTA EQUIPMENT Machinery & Equipment Various Funds 1034480 40,287 GREGERSON ROSOW JOHNSON & NILAN LTD Legal Legal Criminal Prosecution 304026 38,180 LANDSCAPE STRUCTURES Other Contracted Services Park Acquisition & Development 9895 35,120 EMPOWER Deferred Compensation Health and Benefits 303826 32,703 GRAYMONT Treatment Chemicals Water Treatment 1034475 31,048 DIVERSE BUILDING MAINTENANCE Janitor Service Various Funds 1034481 28,855 HANSEN THORP PELLINEN OLSON Design & Engineering Stormwater Capital 304047 28,410 NOW MICRO INC Computers IT Operating 303917 27,219 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store 303757 26,335 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 304009 26,090 GRAYMONT Treatment Chemicals Water Treatment 303838 23,818 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 303927 22,231 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 9907 19,892 NCR PAYMENT SOLUTIONS,PA, LLC Bank and Service Charges Liquor Stores 1034532 19,878 ADVANCED ENGINEERING & ENVIRONMENTAL SE Improvement Contracts Wastewater Lift Station 1034478 18,671 GMH ASPHALT CORPORATION Improvement Contracts Improvement Projects 2006 1034482 18,573 HAWKINS INC Treatment Chemicals Water Treatment 9894 18,433 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 9914 17,964 CHASE Bank and Service Charges Various Funds 1034545 17,276 MINNESOTA ROADWAYS CO Other Contracted Services Capital Maint. & Reinvestment 9905 15,894 WEX HSA - Employee Health and Benefits 303764 15,888 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 303938 15,805 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 303824 14,033 EVOCHARGE INC Other Contracted Services Capital Maint. & Reinvestment 304081 13,672 VALLEY RICH CO INC Equipment Repair & Maint Water Distribution 9897 13,361 I-494 CORRIDOR COMMISSION Wages and Benefits 494 Corridor Commission 303946 12,695 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store 303956 12,534 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 303763 11,892 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 304025 11,860 KRUEGER EXCAVATING INC Equipment Repair & Maint Water Distribution 303961 11,749 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 303725 11,694 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 303887 11,614 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 303903 11,442 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 1034541 11,336 HAWKINS INC Treatment Chemicals Water Treatment Check #Amount Supplier / Explanation Account Description Business Unit Comments30406811,183 SURFACE PROS LLC Equipment Repair & Maint Fire Station #1 303978 10,888 BADGER METER Telephone Water Metering 9913 10,884 CARD CONNECT Bank and Service Charges Various Funds 303783 10,350 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 303800 10,242 BOLTON & MENK INC Design & Engineering Capital Maint. & Reinvestment 303896 10,045 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 303874 9,917 WATER CONSERVATION SERVICES INC OCS - Leak Detection Water Distribution 9912 9,810 BPAS HRA Health and Benefits 1034472 9,793 BIFFS INC Other Contracted Services Park Maintenance 303717 9,469 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 1034533 9,155 BACHMANS CREDIT DEPT Landscape Materials/Supp Reforestation 303775 8,426 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store 303919 8,385 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store 303801 8,300 BOUND TREE MEDICAL LLC Equipment Repair & Maint Fire 303816 8,279 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 303798 8,055 ASTLEFORD EQUIPMENT COMPANY INC Equipment Repair & Maint Fleet Operating 303736 7,626 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 303750 7,499 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store 303772 7,382 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 303986 7,313 CEDAR RIDGE LANDSCAPING Improvement Contracts 2020 Improvement Projects 303748 7,310 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store 303825 6,902 FIELD TURF USA INC Other Contracted Services Facilities Capital 303799 6,860 ATLAS RESTORATION & CONSTRUCTION LLC Other Contracted Services Rehab 303918 6,844 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 304059 6,713 SAMBATEK INC Improvement Contracts Water Capital 1034547 6,601 PRAIRIE ELECTRIC COMPANY Other Contracted Services Capital Maint. & Reinvestment 304019 6,503 ISG Other Contracted Services Park Acquisition & Development 304056 6,500 RIGHTLINE DESIGN LLC Other Contracted Services Communications 303836 6,360 LUBE-TECH ESI Lubricants & Additives Fleet Operating 303973 6,345 ANCOM COMMUNICATIONS INC Other Assets Public Safety Communications 9896 6,288 U.S. BANK - I-494 PURCH. CARD Various 494 Corridor Commission 303803 6,209 CATALYST GRAPHICS INC Printing Communications 303888 6,078 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 303793 5,948 ALTERNATIVE BUSINESS FURNITURE INC Contract Svcs - General Bldg City Hall (City Cost) 303749 5,889 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 304015 5,844 HOFFMAN & MCNAMARA Landscape Materials/Supp Reforestation 303837 5,641 MACQUEEN EQUIPMENT INC Protective Clothing Fire 304055 5,628 REVOLUTIONARY SPORTS, LLC Instructor Service Recreational Sports 303733 5,527 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 1034474 5,470 CENTERPOINT ENERGY Gas Various Funds 303786 5,298 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 304043 5,259 MUSIC TOGETHER IN THE VALLEY LLC Instructor Service Enrichment (Non-Sports) 1034542 5,016 HORIZON COMMERCIAL POOL SUPPLY Supplies - Pool Pool Maintenance 1034552 4,938 WM MUELLER AND SONS INC Landscape Materials/Supp Street Maintenance 304057 4,937 RIVERS EDGE CONCRETE Patching Asphalt Street Maintenance 303788 4,930 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Wine - Incentives Prairie View Liquor Store 304045 4,896 NAC Contract Svcs - Plumbing Fitness/Conference - Cmty Ctr 303840 4,757 MARTIN MARIETTA MATERIALS Patching Asphalt Street Maintenance 303876 4,620 WAYNES HOME SERVICES Building Repair & Maint.Maintenance Facility 9904 4,618 HEALTHPARTNERS Dental Insurance Dental Insurance 303985 4,600 CASTRO CLEANING LLC Janitor Service Utility Operations - General 303776 4,294 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 303713 4,214 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments10344794,166 GRAINGER Machinery & Equipment Water Treatment 303808 4,054 CIVICPLUS LLC Other Contracted Services Records Management 303839 4,020 MARCO INC Telephone IT Capital 304031 4,000 LOCAL 49 TRAINING CENTER Conference/Training Utility Operations - General 303777 3,985 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store 303853 3,975 PRAIRIE BLUFFS SENIOR LIVING LLC Deposits General Fund 303755 3,936 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 1034546 3,828 POMP'S TIRE SERVICE INC Tires Fleet Operating 304040 3,820 MN MECHANICAL SOLUTIONS INC Equipment Repair & Maint Water Supply (Wells) 303841 3,800 MESSERLI & KRAMER Messerli & Kramer 494 Corridor Commission 304039 3,754 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Various Funds 303851 3,744 PARKOS CONSTRUCTION COMPANY Outside Water Sales Water Enterprise Fund 1034495 3,500 WALL TRENDS INC Contract Svcs - General Bldg Fire Station #1 303857 3,405 RADTKE NORMAN Accounts Receivable TIF-Eden Shores Senior Housing 303995 3,372 COUNTY MATERIALS CORPORATION Repair & Maint. Supplies Stormwater Collection 1034554 3,360 ZIEGLER INC Asphalt Overlay Street Maintenance 1034490 3,316 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical Pool Maintenance 303716 3,311 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 303947 3,301 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 303932 3,200 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store 9881 3,193 HEALTHPARTNERS Dental Insurance Dental Insurance 1034485 3,150 METRO SALES INCORPORATED*Other Rentals IT Operating 303859 3,103 RIVERS EDGE CONCRETE Landscape Materials/Supp Street Maintenance 304012 3,103 GYM WORKS Equipment Repair & Maint Fitness Center 304018 3,000 IRON MALTESE ATHLETICS Health & Fitness Fire 1034491 3,000 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Supply (Wells) 1034540 2,990 HANSEN THORP PELLINEN OLSON Improvement Contracts CIP Trails 303880 2,961 XIGENT SOLUTIONS LLC Hardware - R&M IT Capital 1034512 2,839 AMERICAN ENGINEERING TESTING INC Improvement Contracts Water Capital 1034544 2,780 METROPOLITAN MECHANICAL CONTRACTORS Contract Svcs - HVAC City Center - CAM 304005 2,765 FIRE SMART PROMOTIONS Fire Prev Supp-Pub Ed/PR Fire 303925 2,737 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 1034553 2,730 XCEL ENERGY Electric Various Funds 303761 2,704 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store 303855 2,656 PRESCRIPTION LANDSCAPE Landscape Materials/Supp Street Maintenance 303814 2,640 DALE GREEN COMPANY, THE Asphalt Overlay Street Maintenance 1034549 2,600 TWIN CITY HARDWARE Contract Svcs - General Bldg Arts Center 304008 2,562 GLEN LAKE GOLF Instructor Service Recreational Sports 303723 2,533 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 303715 2,499 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 9909 2,496 WEX FSA - Medical Health and Benefits 303958 2,412 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 304052 2,396 PETERSON COUNSELING AND CONSULTING Other Contracted Services Fire 303804 2,320 CERTIFIED APPLIANCE RECYCLING Waste Disposal Recycle Rebate 303987 2,191 CENTURYLINK Telephone City Center - CAM 304033 2,160 MEDICINE LAKE TOURS Special Event Fees Trips 303835 2,151 LUBE TECH RELIABLE PLUS INC Lubricants & Additives Fleet Operating 1034492 2,145 TWIN CITY SEED CO Landscape Materials/Supp Stormwater Collection 304014 2,070 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police Sworn 1034458 2,070 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 303901 2,013 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 304007 1,983 GLACIAL RIDGE GROWERS Other Contracted Services Park Maintenance 303751 1,981 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments3038681,954 THE ADVENT GROUP Temp 494 Corridor Commission 303852 1,936 PERA Wages and Benefits 494 Corridor Commission 303832 1,925 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits 303774 1,897 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 304064 1,851 SPEEDPRO IMAGING INC Operating Supplies Ice Operations 304072 1,848 THE ADVENT GROUP Temp 494 Corridor Commission 304001 1,822 ERICKSON ENGINEERING COMPANY LLC Design & Engineering Engineering 303875 1,803 WATER HEATERS ONLY LLC Supplies - Plumbing General Community Center 304067 1,800 SUPERIOR STRIPING INC Contract Svcs - Asphalt/Concr.General Community Center 303781 1,795 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 303967 1,784 WINEBOW Liquor Product Received Prairie View Liquor Store 9916 1,780 AMERICAN EXPRESS Bank and Service Charges Various Funds 304082 1,750 VAN PAPER COMPANY Cleaning Supplies General Community Center 303791 1,736 MINNESOTA DEPARTMENT OF COMMERCE P&R Refunds Various Funds 303881 1,734 EDEN PRAIRIE COMMUNITY EDUCATION Instructor Service Senior Center Programs 304029 1,708 LEGACY GYMNASTICS Instructor Service Recreational Sports 303912 1,681 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 303976 1,680 AT YOUTH PROGRAMS LLC Instructor Service Recreational Sports 303934 1,638 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 303957 1,613 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store 303812 1,592 CORE & MAIN Repair & Maint. Supplies Water Distribution 1034484 1,583 MENARDS Supplies - General Bldg Wasterwater Collection 1034467 1,524 LYNDALE PLANT SERVICES Contract Svcs - Int. Landscape City Center - CAM 9889 1,511 FIDELITY SECURITY LIFE INSURANCE CO Vision Plan Health and Benefits 9888 1,462 WEX FSA - Dependent Care Health and Benefits 303997 1,450 DAXKO LLC Software Maintenance IT Operating 303924 1,417 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store 1034505 1,381 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store 304032 1,374 MARTIN MARIETTA MATERIALS Patching Asphalt Water Distribution 1034515 1,364 BRAUN INTERTEC CORPORATION Testing CIP Pavement Management 303854 1,360 PRAIRIE RESTORATIONS INC Other Contracted Services Stormwater Non-Capital 303889 1,341 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 303848 1,324 NEW LOOK CONTRACTING INC Improvement Contracts Capital Maint. & Reinvestment 303900 1,319 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store 303739 1,309 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 303768 1,303 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 1034534 1,268 BOYER TRUCKS Equipment Parts Fleet Operating 1034535 1,258 CDW GOVERNMENT INC.Operating Supplies IT Operating 304000 1,250 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Equipment Parts Fleet Operating 304006 1,230 FLYING CLOUD TRANSFER STATION 4553 Waste Disposal Park Maintenance 303906 1,181 SUMMER LAKES BEVERAGE LLC Liquor Product Received Prairie Village Liquor Store 1034501 1,168 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store 303731 1,132 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store 303920 1,109 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 1034504 1,095 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 303762 1,089 PEQUOD DISTRIBUTION Liquor Product Received Den Road Liquor Store 304010 1,070 GREAT LAKES COCA-COLA DISTRIBUTION Merchandise for Resale Concessions 1034455 1,020 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 9911 1,020 US BANK - CREDIT CARD MERCHANT ONLY Bank and Service Charges Various Funds 304080 1,017 UNIVERSAL ATHLETIC SERVICES INC Awards Volleyball 1034457 1,008 VINOCOPIA Liquor Product Received Den Road Liquor Store 303865 1,000 TAIKO ARTS MIDWEST Other Contracted Services PeopleFest 304060 961 SANTAMARIA MAYA Rebates Stormwater Non-Capital Check #Amount Supplier / Explanation Account Description Business Unit Comments304046924NORTH PINE AGGREGATE, INC Gravel Stormwater Collection 9882 906 WEX Other Contracted Services Health and Benefits 303789 902 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 303833 892 JOHN HENRY FOSTER MINNESOTA INC Maintenance Contracts Water Treatment 303882 892 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 303864 871 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 303886 862 BLUE CLOUD DISTRIBUTION OF MINNESOTA INC Liquor Product Received Prairie Village Liquor Store 303829 852 HENNEPIN COUNTY I/T DEPT Equipment Repair & Maint Public Safety Communications 303811 847 COOK TERRI Developer Fees General Fund 303894 836 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 303994 834 CORE & MAIN Repair & Maint. Supplies Water Distribution 303807 833 CINTAS CORPORATION Safety Supplies Community Center Admin 9892 825 ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits 1034537 822 GARTNER REFRIGERATION & MFG INC Contract Svcs - Ice Rink Ice Arena Maintenance 1034543 798 MENARDS Small Tools Senior Center Programs 303953 784 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 303943 776 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 1034509 760 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store 303815 750 DIETHELM, TAMMY L Other Contracted Services Eden Prairie Cemetery 1034463 750 GREGOIRE, DAVID Other Contracted Services Communications 304087 740 WINSLOW MONUMENT Other Contracted Services Park Acquisition & Development 1034508 734 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 303732 731 PEQUOD DISTRIBUTION Liquor Product Received Prairie Village Liquor Store 303893 722 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Prairie Village Liquor Store 303933 718 PEQUOD DISTRIBUTION Liquor Product Received Den Road Liquor Store 1034548 713 STREICHERS Clothing & Uniforms Police Sworn 1034516 700 CLAREY'S SAFETY EQUIPMENT Equipment Repair & Maint Fire 303718 699 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store 303969 689 AHO BEVERLY Developer Fees General Fund 303756 681 INSIGHT BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 303830 680 HENNEPIN COUNTY TREASURER Other Contracted Services Park Maintenance 303952 673 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Prairie View Liquor Store 1034487 665 MOTOROLA Equipment Repair & Maint Public Safety Communications 1034526 661 QUALITY PROPANE Gas Ice Arena Maintenance 303785 661 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store 1034468 652 METROPOLITAN FORD Equipment Parts Fleet Operating 303907 652 UNMAPPED BREWING CO Liquor Product Received Prairie Village Liquor Store 303862 650 STAPLES ADVANTAGE Office Supplies Customer Service 303890 628 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store 303758 615 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store 303834 615 LEAST SERVICES COUNSELING Other Contracted Services Police Sworn 303845 615 N EAR INC Equipment Parts E-911 Program 304078 610 TWIN CITIES FLAG SOURCE, INC Operating Supplies Fire 304063 608 SOLUTION BUILDERS Computers 494 Corridor Commission 9915 601 PMA FINANCIAL NETWORK INC Bank and Service Charges Various Funds 304077 600 TRAFFIC CONTROL CORPORATION Improvement Contracts Shady Oak Rd-CR 61 North 303724 595 INSIGHT BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 1034499 584 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 303963 567 SUMMER LAKES BEVERAGE LLC Liquor Product Received Prairie View Liquor Store 1034466 564 KRISS PREMIUM PRODUCTS INC Supplies - HVAC City Center - CAM 303983 551 BOUND TREE MEDICAL LLC EMS Supplies Fire 303792 539 AIRGAS USA LLC Supplies - Pool Pool Maintenance 303879 538 WM CORPORATE SERVICES INC Waste Disposal Maintenance Facility Check #Amount Supplier / Explanation Account Description Business Unit Comments1034471534THE OASIS GROUP Employee Assistance Organizational Services 9885 520 BPAS HRA Health and Benefits 303856 510 PROP - PR Charitable Contributions Health and Benefits 1034462 509 GREATAMERICA FINANCIAL SVCS Postage Customer Service 303908 502 VIP WINE & SPIRITS LTD Liquor Product Received Prairie Village Liquor Store 303822 498 EMERGENCY TECHNICAL DECON Protective Clothing Fire 303971 497 ALSDURF LORI Other Contracted Services Theatre Initiative 1034521 495 GENERAL PARTS LLC Contract Svcs - General Bldg Fire Station #1 303844 485 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Various Funds 303948 484 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store 1034524 484 METROPOLITAN FORD Equipment Parts Fleet Operating 303780 477 DOMACE VINO Liquor Product Received Prairie View Liquor Store 304053 474 PROPIO LS LLC Other Contracted Services Recycle Rebate 304044 468 MVP CRICKET LLC Instructor Service Recreational Sports 303866 468 TAVERN 4 & 5 Miscellaneous City Council 303975 456 ASPEN MILLS Clothing & Uniforms Fire 304070 450 TALKPOINT TECHNOLOGIES INC Equipment Parts E-911 Program 303849 449 NIHCA Licenses, Taxes, Fees Community Center Admin 303782 446 INSIGHT BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 1034461 443 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 304027 440 LARKSTUR ENGINEERING & SUPPLY INC Repair & Maint. Supplies Water Treatment 303797 432 ASSURED SECURITY Supplies - Fire/Life/Safety Facilities Staff 303720 429 DOMACE VINO Liquor Product Received Prairie Village Liquor Store 303813 421 COREMARK METALS Repair & Maint. Supplies Fleet Operating 303899 418 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 303784 403 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store 303827 400 H & L MESABI Operating Supplies Traffic Signals 303863 400 SUPERIOR STRIPING INC Contract Svcs - Asphalt/Concr.City Center - CAM 303993 400 CONSTABLE LORI Other Contracted Services Theatre Initiative 303778 400 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store 303766 396 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store 303931 396 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store 303940 392 WINEBOW Liquor Product Received Den Road Liquor Store 303787 390 SMALL LOT MN Liquor Product Received Prairie View Liquor Store 1034536 384 ECM PUBLISHERS INC Legal Notices Publishing City Clerk 303759 382 MEGA BEER Liquor Product Received Den Road Liquor Store 1034507 368 VINOCOPIA Liquor Product Received Prairie View Liquor Store 304049 362 PAFFY'S PEST CONTROL Contract Svcs - Pest Control Park Shelters 303922 354 DOMACE VINO Liquor Product Received Den Road Liquor Store 304002 351 ERICKSON VICTORIA Operating Supplies Theatre Initiative 303846 350 NATIVE RESOURCE PRESERVATION Other Contracted Services Stormwater Non-Capital 304024 350 KREGER CARSON Other Contracted Services Theatre Initiative 304079 350 TWIN CITY MONUMENT CO Other Contracted Services Pleasant Hill Cemetery 304086 350 WILTS REBECCA Other Contracted Services Theatre Initiative 303721 346 FAT PANTS BREWING CO LLC Liquor Product Received Prairie Village Liquor Store 303923 346 FAT PANTS BREWING CO LLC Liquor Product Received Den Road Liquor Store 303951 346 FAT PANTS BREWING CO LLC Liquor Product Received Prairie View Liquor Store 1034454 346 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 303794 343 ARAMARK Janitor Service Prairie View Liquor Store 303996 341 DALCO Cleaning Supplies Utility Operations - General 1034530 339 STARKE, TINO Tuition Reimbursement/School Police Sworn 1034476 337 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits 303916 336 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments303730335MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 304003 335 ESTRINE, ROBERT Other Contracted Services Community Band 1034518 333 FICCADENTI, JENNY Conference/Training Police Sworn 1034529 333 SACKETT, MATTHEW Conference/Training Police Sworn 1034477 332 GARTNER REFRIGERATION & MFG INC Contract Svcs - Ice Rink Ice Arena Maintenance 1034513 331 BECKER, DAVE Mileage & Parking Police Sworn 303831 328 HOSE PROS, INC Equipment Parts Fleet Operating 1034456 327 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store 303821 327 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Equipment Parts Fleet Operating 304065 319 ST CROIX LINEN LLC Operating Supplies-Linens Fire 303714 319 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store 303747 319 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store 303872 310 US POSTMASTER - HOPKINS Postage Customer Service 303885 308 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store 303915 308 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store 303945 308 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store 303735 303 SMALL LOT MN Liquor Product Received Prairie Village Liquor Store 303892 303 DOMACE VINO Liquor Product Received Prairie Village Liquor Store 1034460 302 VINOCOPIA Liquor Product Received Prairie View Liquor Store 303740 301 WINEBOW Liquor Product Received Prairie Village Liquor Store 303771 290 AM CRAFT SPIRITS SALES & MARKETING Liquor Product Received Den Road Liquor Store 303729 288 MEGA BEER Liquor Product Received Prairie Village Liquor Store 1034523 288 KILLMER RYAN Travel Expense Utility Operations - General 1034496 286 WM MUELLER AND SONS INC Patching Asphalt Street Maintenance 303909 283 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 1034514 278 BODENNER ZACHARY Conference/Training IT Operating 303727 276 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 303728 275 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store 1034538 275 GRAINGER Cleaning Supplies Facilities Staff 304066 274 STAPLES ADVANTAGE Office Supplies Customer Service 304016 268 HURLEY JEANNIE Clothing & Uniforms Theatre Initiative 303964 266 UNMAPPED BREWING CO Liquor Product Received Prairie View Liquor Store 303850 262 PAFFY'S PEST CONTROL Contract Svcs - Pest Control Arts Center 303929 259 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store 303790 257 WINEBOW Liquor Product Received Prairie View Liquor Store 303897 255 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store 303930 252 MEGA BEER Liquor Product Received Den Road Liquor Store 303891 251 DANGEROUS MAN BREWING CO LLC Liquor Product Received Prairie Village Liquor Store 304062 251 SHRED RIGHT Waste Disposal City Hall (City Cost) 303992 250 CONSTABLE GILLIAN Other Contracted Services Theatre Initiative 303999 250 EDSON WILLIAM Other Contracted Services Theatre Initiative 304022 250 KING SAMANTHA Other Contracted Services Theatre Initiative 304023 250 KRAL ANNA Other Contracted Services Theatre Initiative 304058 250 SAGGAU SOPHINA Other Contracted Services Theatre Initiative 304084 250 WICKERT REBECCA Other Contracted Services Theatre Initiative 304036 247 MID-AMERICA FESTIVALS Deposits General Fund 303884 243 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store 303914 243 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store 303869 243 TRANSUNION RISK & ALTERNATIVE DATA Other Contracted Services Police Sworn 303926 236 INSIGHT BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 303981 225 BECKER ARENA PRODUCTS INC Repair & Maint - Ice Rink Ice Arena Maintenance 1034498 225 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 9908 222 WEX FSA - Medical Health and Benefits Check #Amount Supplier / Explanation Account Description Business Unit Comments303738222VENN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 303965 222 VENN BREWING COMPANY Liquor Product Received Prairie View Liquor Store 1034555 215 BACHMANS CREDIT DEPT Landscape Materials/Supp Reforestation 303991 215 COMCAST Phone/Data/Web 494 Corridor Commission 304074 211 TIMESAVER OFF SITE SECRETARIAL INC Other Contracted Services City Council 303734 211 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie Village Liquor Store 304028 210 LAURENT TIM Instructor Service Pickleball (CC) 1034539 209 H M CRAGG CO Contract Svcs - Electrical City Center - CAM 303970 205 AIRGAS USA LLC EMS Supplies-Oxygen Supplies Fire 303911 203 56 BREWING LLC Liquor Product Received Den Road Liquor Store 303746 201 BERGMAN LEDGE LLC Liquor Product Received Den Road Liquor Store 304054 200 REIKI WITH BAILEE LLC Other Contracted Services Specialty Fitness Programs 1034500 197 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store 303767 196 VIP WINE & SPIRITS LTD Liquor Product Received Den Road Liquor Store 303936 196 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store 1034453 191 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store 303843 190 MINNESOTA DEPT OF LABOR AND INDUSTRY Licenses, Taxes, Fees General Community Center 304083 190 VERIZON WIRELESS - VSAT Other Contracted Services Police Sworn 303935 190 PRYES BREWING COMPANY Liquor Product Received Den Road Liquor Store 303942 187 56 BREWING LLC Liquor Product Received Prairie View Liquor Store 303921 186 DANGEROUS MAN BREWING CO LLC Liquor Product Received Den Road Liquor Store 9886 185 WEX FSA - Medical Health and Benefits 303941 182 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 303959 182 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie View Liquor Store 1034465 181 HYNEK, EVAN Clothing & Uniforms Police Sworn 1034470 180 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 303984 179 BUSWELL, DAVE Mileage & Parking Assessing 1034527 179 REXFORD ZACHARY Mileage & Parking Assessing 303773 178 BARREL THEORY BEER COMPANY Liquor Product Received Den Road Liquor Store 1034502 172 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store 304020 168 KAZMARK JUSTIN Clothing & Uniforms Volunteers 303770 163 56 BREWING LLC Liquor Product Received Den Road Liquor Store 303828 162 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police Sworn 1034511 162 ADAMS PEST CONTROL INC Maintenance Contracts Water Treatment 303752 161 DANGEROUS MAN BREWING CO LLC Liquor Product Received Den Road Liquor Store 303753 159 DOMACE VINO Liquor Product Received Den Road Liquor Store 303883 159 BARREL THEORY BEER COMPANY Liquor Product Received Prairie Village Liquor Store 303719 158 DANGEROUS MAN BREWING CO LLC Liquor Product Received Prairie Village Liquor Store 303779 152 DANGEROUS MAN BREWING CO LLC Liquor Product Received Prairie View Liquor Store 304030 150 LIGHT GINA Other Contracted Services Theatre Initiative 1034494 150 USA SECURITY Maintenance Contracts Water Treatment 303974 149 ARAMARK Janitor Service Den Road Liquor Store 303810 148 CONSTRUCTION MATERIALS INC Asphalt Overlay Street Maintenance 303895 148 INBOUND BREW CO Liquor Product Received Prairie Village Liquor Store 304042 148 MULVANEY, JOSH Conference/Training Police Sworn 303950 147 DOMACE VINO Liquor Product Received Prairie View Liquor Store 303968 146 ABM EQUIPMENT AND SUPPLY COMPANY Equipment Parts Fleet Operating 303726 143 LIBATION PROJECT Liquor Product Received Prairie Village Liquor Store 303913 140 BARREL THEORY BEER COMPANY Liquor Product Received Den Road Liquor Store 303944 140 BARREL THEORY BEER COMPANY Liquor Product Received Prairie View Liquor Store 303898 140 MEGA BEER Liquor Product Received Prairie Village Liquor Store 303928 138 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store 303765 137 STARRY EYED BREWING LLC Liquor Product Received Den Road Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments304037133MINNESOTA AIR INC Building Repair & Maint.Utility Operations - General 303741 131 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 303769 131 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 303910 131 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 303737 130 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store 303760 130 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store 303904 130 STARRY EYED BREWING LLC Liquor Product Received Prairie Village Liquor Store 1034525 128 OLSEN CHAIN & CABLE Repair & Maint. Supplies Utility Operations - General 303722 126 HEADFLYER BREWING Liquor Product Received Prairie Village Liquor Store 303754 126 HEADFLYER BREWING Liquor Product Received Den Road Liquor Store 1034517 126 CONCRETE CUTTING AND CORING Equipment Repair & Maint Tree Disease 9887 124 WEX FSA - Medical Health and Benefits 303860 123 SOLUTION BUILDERS Computers 494 Corridor Commission 303877 120 WEIMAN NOLAN Mileage & Parking Youth Programs Admin 303902 120 SHAKOPEE BREWHALL Liquor Product Received Prairie Village Liquor Store 303937 120 SHAKOPEE BREWHALL Liquor Product Received Den Road Liquor Store 304004 120 FIERCE JEN Conference/Training Sustainable Eden Prairie 303939 118 STARRY EYED BREWING LLC Liquor Product Received Den Road Liquor Store 1034522 118 HACH COMPANY Laboratory Chemicals Water Treatment 1034483 117 HORIZON COMMERCIAL POOL SUPPLY Supplies - Pool Pool Maintenance 304071 116 TAYLOR SARA Tuition Reimbursement/School Fitness Classes 9884 116 WEX FSA - Medical Health and Benefits 1034488 114 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 303873 114 VINKEMEIER, JEFF Mileage & Parking Park Maintenance 303966 113 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 303905 112 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store 1034503 111 VINOCOPIA Liquor Product Received Den Road Liquor Store 9900 110 WEX FSA - Medical Health and Benefits 9902 105 WEX FSA - Medical Health and Benefits 303805 105 CHC CREATING HEALTHIER COMMUNITIES Charitable Contributions Health and Benefits 9903 105 PAYA Bank and Service Charges Theatre Initiative 304075 104 T-MOBILE Cell Phones 494 Corridor Commission 1034550 104 VIKING ELECTRIC SUPPLY Repair & Maint. Supplies Riley Lake 303962 103 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store 303871 102 UNIVERSAL ATHLETIC SERVICES INC Operating Supplies Park Maintenance 303842 101 MIKKELSON, GRACE Mileage & Parking Youth Programs Admin 1034464 100 HACH COMPANY Laboratory Chemicals Water Treatment 304021 100 KENNEDY DENISE Tuition Reimbursement/School Fitness Classes 304076 100 T-MOBILE USA Other Contracted Services Police Sworn 303989 93 COMCAST Internet IT Operating 304013 93 HAYEN, LINDA Operating Supplies Theatre Initiative 303954 92 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store 1034520 92 GEIS, ROB Clothing & Uniforms Police Sworn 1034519 91 FLEETPRIDE INC Equipment Parts Fleet Operating 304041 90 MUEHLBAUER, THOMAS G Other Contracted Services Community Band 303861 81 SPEIER AIMEE AR Utility Water Enterprise Fund 9898 76 PAYCHEX Payroll Admin. Fees 494 Corridor Commission 304048 76 OFFICE OF MN IT SERVICES Other Contracted Services Police Sworn 9901 75 WEX FSA - Medical Health and Benefits 1034459 72 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store 303988 71 CENTURYLINK Telephone Water Treatment 1034506 70 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store 303949 68 DANGEROUS MAN BREWING CO LLC Liquor Product Received Prairie View Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments30386766TBEI INC Equipment Parts Fleet Operating 1034493 65 UPS Postage Special Events Admin 303955 65 INSIGHT BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 1034510 61 ABRAMOVICH GENNADIY Clothing & Uniforms Police Sworn 303796 61 ASCHENBECK SARA Miscellaneous City Council 303960 60 SHAKOPEE BREWHALL Liquor Product Received Prairie View Liquor Store 303858 58 RICHFIELD PRINTING INC Office Supplies Customer Service 304085 55 WILLIS CHERYL P&R Refunds Community Center Admin 303990 52 COMCAST Cable TV Fire 303712 51 AM CRAFT SPIRITS SALES & MARKETING Liquor Product Received Prairie Village Liquor Store 1034531 51 STRAIN SARAH Travel Expense Planning 304073 50 THOMPSON, NATE Other Contracted Services Assessing 9910 49 WEX FSA - Medical Health and Benefits 303998 46 DELEGARD TOOL CO Equipment Parts Fleet Operating 9883 42 WEX FSA - Medical Health and Benefits 1034528 39 ROCKEY, JOSH Mileage & Parking Senior Center Admin 304034 32 MEISINGER CRYSTAL Mileage & Parking Arts Center 303818 29 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits 303819 29 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits 303820 29 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits 303870 28 TVRDIK SHARI P&R Refunds Community Center Admin 1034489 28 NORTH CENTRAL LABORATORIES Laboratory Chemicals Water Treatment 303802 28 BUSWELL, DAVE Travel Expense Assessing 303817 24 EDEN PRAIRIE CRIME PREVENTION FUND Charitable Contributions Health and Benefits 303809 23 COMCAST Other Contracted Services Police Sworn 1034551 21 WAYTEK INC Equipment Parts Fleet Operating 303806 20 CHRIS CASTLE INC Phone/Data/Web 494 Corridor Commission 1034473 19 CDW GOVERNMENT INC.Operating Supplies IT Operating 303980 19 BAUER, PETER Conference/Training Utility Operations - General 304051 19 PARON TONY Conference/Training Utility Operations - General 304069 19 SWANSON STONE Conference/Training Utility Operations - General 304088 19 ZAFFT, WILL Conference/Training Utility Operations - General 303847 16 NCPERS GROUP LIFE INSURANCE PERA Health and Benefits 304038 15 MINNESOTA TROPHIES & GIFTS Operating Supplies Park Maintenance 1034469 15 OLSEN CHAIN & CABLE Equipment Repair & Maint Street Maintenance 303979 13 BATTERIES PLUS BULBS Small Tools Street Maintenance 303823 8 ESTATE OF BERTA GREINER AR Utility Water Enterprise Fund 9917 7 NCR PAYMENT SOLUTIONS,PA, LLC Bank and Service Charges Liquor Store Delivery 4,881,967 Grand Total City of Eden PrairiePurchasing Card Payment Report 10/17/2023 Amount Account Description Business Unit 4,699 Plumbing Surcharge General Fund 4,631 Repair & Maint. Supplies Wasterwater Collection 4,524 Miscellaneous Internal Events 4,015 Other Contracted Services Wine Club/Events 3,014 Software/Hardware Maint.IT Operating 2,987 Operating Supplies Fire 2,899 Software/Hardware Maint.IT Operating 2,476 Operating Supplies Pool Operations 1,997 Special Event Fees Senior Center Programs 1,875 Conference/Training Fleet Operating 1,765 Tuition Reimbursement/School Police Sworn 1,725 Training Fire 1,495 Software/Hardware Maint.IT Operating 1,389 Capital Under $25,000 Fitness Classes 1,318 Special Event Fees Senior Center Programs 1,213 Travel Expense Engineering 1,201 Operating Supplies Police Sworn 1,099 Tuition Reimbursement/School Police Sworn 995 Conference/Training IT Operating 980 Operating Supplies Police Sworn 933 Other Rentals Park Maintenance 928 Operating Supplies Police Sworn 906 Travel Expense Assessing 886 Bank and Service Charges Liquor Stores 868 Conference/Training Planning 815 Health & Fitness Fire 795 Tuition Reimbursement/School Police Sworn 705 Conference/Training Economic Development 699 Conference/Training Communications 668 Travel Expense Human Resources 661 Patching Asphalt Street Maintenance 650 Operating Supplies Ice Operations 628 Tuition Reimbursement/School Police Sworn 625 Conference/Training IT Operating 598 Conference/Training IT Operating 578 Licenses, Taxes, Fees Fitness Classes 565 Operating Supplies Community Center Admin 563 Operating Supplies Pool Operations 546 Dues & Sub-Memberships Facilities Staff Amount Account Description Business Unit540Conference/Training Aquatics Admin. 528 Equipment Repair & Maint Fleet Operating 525 Conference/Training Assessing 517 Dues & Sub-Memberships Planning 508 Employment Advertising Organizational Services 507 Miscellaneous City Council 499 Dues & Sub-Memberships Internal Events 486 Operating Supplies Ice Operations 470 Operating Supplies Police Sworn 460 Conference/Training Utility Operations - General 450 Conference/Training Assessing 440 Operating Supplies Riley Lake Beach 434 Conference/Training Community Development Admin. 424 EMS Supplies Fire 420 Licenses, Taxes, Fees Pool Lessons 399 Other Contracted Services Liquor Store Delivery 394 Training Supplies Police Sworn 382 Operating Supplies Tennis 376 Capital Under $25,000 Fitness Classes 350 Dues & Sub-Memberships Human Resources 348 Operating Supplies Police Sworn 342 Miscellaneous City Council 339 Operating Supplies Fire 330 Conference/Training Utility Operations - General 325 Tuition Reimbursement/School Police Sworn 321 Merchandise for Resale Concessions 315 Small Tools Fire 313 Special Event Fees Senior Center Programs 310 Dues & Sub-Memberships Communications 300 Software Engineering 300 Tuition Reimbursement/School Police Sworn 288 Dues & Sub-Memberships Emergency Management 288 Conference/Training Aquatics Admin. 284 Office Supplies Police Sworn 280 Operating Supplies Senior Center Programs 280 Operating Supplies Arts Center 277 Merchandise for Resale Concessions 274 Bank and Service Charges Liquor Stores 270 Operating Supplies Volunteers 260 Awards Pickleball 258 Office Supplies Park Maintenance 255 Operating Supplies Fire 255 Equipment Parts Fleet Operating Amount Account Description Business Unit254Operating Supplies Fleet Operating 251 Operating Supplies Police Sworn 250 Conference/Training Engineering 250 Tuition Reimbursement/School Police Sworn 250 Tuition Reimbursement/School Police Sworn 250 Tuition Reimbursement/School Police Sworn 249 Dues & Sub-Memberships Community Development Admin. 248 Tuition Reimbursement/School Police Sworn 248 Operating Supplies Arts Center 240 Operating Supplies Tennis 238 Conference/Training Fitness Admin. 237 Health & Fitness Fire 233 Tuition Reimbursement/School Police Sworn 232 Special Event Fees Senior Center Programs 225 Dues & Sub-Memberships City Clerk 225 Dues & Sub-Memberships City Clerk 225 Tuition Reimbursement/School Police Sworn 220 Operating Supplies Outdoor Center 218 Office Supplies Police Sworn 216 Operating Supplies Concessions 215 Special Event Fees Senior Center Programs 213 Advertising Arts in the Park 205 Conference/Training Fire 205 Operating Supplies Outdoor Center 204 Merchandise for Resale Concessions 200 Operating Supplies Police Sworn 199 Dues & Sub-Memberships Communications 192 Operating Supplies Prairie View Liquor Store 183 Repair & Maint. Supplies General Community Center 180 Miscellaneous IT Operating 175 Operating Supplies Ice Operations 174 Employee Award Organizational Services 172 Operating Supplies Tree Disease 170 Miscellaneous Senior Center Admin 167 Operating Supplies Police Sworn 167 Operating Supplies Ice Operations 160 Operating Supplies Theatre Initiative 160 Awards Pickleball 151 Fire Prevention Supplies Fire 150 Training Supplies Police Sworn 140 Merchandise for Resale Concessions 140 Repair & Maint. Supplies Water Treatment 139 Tuition Reimbursement/School Police Sworn Amount Account Description Business Unit131AdvertisingPrairie View Liquor Store 126 Licenses, Taxes, Fees Pool Lessons 125 Conference/Training Heritage Preservation 124 Merchandise for Resale Concessions 122 Deposits General Fund 120 Operating Supplies Senior Center Programs 120 Licenses, Taxes, Fees Police Sworn 120 Dues & Sub-Memberships Police Sworn 120 Licenses, Taxes, Fees Police Sworn 118 Operating Supplies Day Care 118 Operating Supplies Day Care 116 Operating Supplies Police Sworn 115 Operating Supplies New Adaptive 110 Employee Award Organizational Services 110 Training Police Sworn 108 Repair & Maint. Supplies Ice Arena Maintenance 105 Operating Supplies Community Center Admin 105 Operating Supplies Outreach 102 Capital Under $25,000 Public Safety Communications 100 Operating Supplies Police Sworn 99 Operating Supplies Park Maintenance 98 Repair & Maint. Supplies Arts Center 97 Operating Supplies Day Camp 96 Repair & Maint. Supplies Water Treatment 95 Operating Supplies Park Maintenance 92 Employment Advertising Organizational Services 92 Protective Clothing Fire 89 Operating Supplies Police Sworn 87 Repair & Maint. Supplies Fire Station #1 86 Operating Supplies Police Sworn 86 Operating Supplies Recreational Sports 86 Operating Supplies Fire 85 Conference/Training Finance 85 Equipment Repair & Maint Street Lighting 81 Software/Hardware Maint.Fire 80 Tuition Reimbursement/School Police Sworn 80 Operating Supplies Fire 79 Repair & Maint. Supplies Facilities Staff 77 Operating Supplies Arts Center 77 Training Supplies Police Sworn 76 Special Event Fees Senior Center Programs 76 Operating Supplies Softball 75 Conference/Training Fitness Admin. Amount Account Description Business Unit75DepositsGeneral Fund 74 Operating Supplies Arts Center 74 Operating Supplies Community Center Admin 73 Operating Supplies Police Sworn 72 Operating Supplies Concessions 71 Fire Prevention Supplies Fire 71 Operating Supplies Pickleball 68 Operating Supplies Arts Center 67 Operating Supplies Arts Center 67 Repair & Maint. Supplies Park Maintenance 67 Tuition Reimbursement/School Volunteers 67 Tuition Reimbursement/School Volunteers 67 Tuition Reimbursement/School Volunteers 67 Tuition Reimbursement/School Volunteers 67 Operating Supplies Youth Programs Admin 66 Operating Supplies Gymnasium (CC) 64 Operating Supplies Park Maintenance 61 Advertising Arts in the Park 60 Operating Supplies Arts Center 60 Motor Fuels Fleet Operating 59 Landscape Materials/Supp Street Maintenance 59 Repair & Maint. Supplies Fire Station #1 57 Equipment Parts Fleet Operating 57 Training Supplies Police Sworn 55 Conference/Training Assessing 55 Operating Supplies Fire 54 Operating Supplies Arts Center 53 Operating Supplies Fire 53 Merchandise for Resale Senior Board 53 Office Supplies Police Sworn 52 Travel Expense Fleet Operating 51 Operating Supplies Outdoor Center 51 Deposits General Fund 51 Computers IT Operating 50 Operating Supplies Arts Center 50 Other Contracted Services Economic Development 50 Licenses, Taxes, Fees Utility Operations - General 50 Operating Supplies Pool Operations 49 Operating Supplies Fall Harvest 48 Operating Supplies Day Camp 47 Operating Supplies Fall Harvest 47 Operating Supplies Fall Harvest 46 Software/Hardware Maint.IT Operating Amount Account Description Business Unit46Operating Supplies Youth Programs Admin 45 Operating Supplies Internal Events 45 Operating Supplies Fire 45 Operating Supplies Community Center Admin 45 Conference/Training Inspections-Administration 45 Conference/Training Inspections-Administration 45 Conference/Training Inspections-Administration 45 Operating Supplies Senior Center Programs 45 Operating Supplies Arts in the Park 44 Operating Supplies Fitness Center 44 Travel Expense Fleet Operating 43 Operating Supplies IT Operating 43 Small Tools Fire 43 Operating Supplies Police Sworn 43 Small Tools Park Maintenance 43 Asphalt Overlay Street Maintenance 42 Merchandise for Resale Concessions 42 Operating Supplies Arts Center 42 Operating Supplies Outdoor Center 42 Conference/Training Pool Operations 42 Operating Supplies Arts Center 40 Landscape Materials/Supp Street Maintenance 40 Operating Supplies Softball 39 Operating Supplies IT Operating 39 Computers IT Operating 39 Operating Supplies Police Sworn 39 Operating Supplies IT Operating 39 Operating Supplies Housing and Community Service 38 Training Supplies Fire 38 Office Supplies Police Sworn 38 Operating Supplies Police Sworn 36 Operating Supplies Arts in the Park 36 Other Contracted Services Economic Development 36 Operating Supplies Pool Operations 36 Operating Supplies Touch Football 35 Operating Supplies Day Camp 35 Conference/Training Human Resources 35 Operating Supplies Arts Center 35 Office Supplies Police Sworn 34 Repair & Maint. Supplies Utility Operations - General 34 Repair & Maint. Supplies Pool Maintenance 33 Travel Expense Communications 33 Operating Supplies Outreach Amount Account Description Business Unit32Operating Supplies Outdoor Center 32 Operating Supplies Police Sworn 32 Other Contracted Services Organizational Services 32 Employee Award Organizational Services 31 Repair & Maint. Supplies Stormwater Collection 30 Employee Award Organizational Services 30 Travel Expense Assessing 30 Travel Expense Assessing 30 Conference/Training Utility Operations - General 30 Operating Supplies Police Sworn 30 Travel Expense Fleet Operating 30 Operating Supplies Police Sworn 30 Operating Supplies Police Sworn 30 Operating Supplies Theatre Initiative 30 Operating Supplies Police Sworn 29 Licenses, Taxes, Fees Fleet Operating 28 Office Supplies Police Sworn 26 Software/Hardware Maint.IT Operating 26 Operating Supplies Staring Lake Concert 26 Special Event Fees Senior Center Programs 25 Miscellaneous City Council 25 Dues & Sub-Memberships Fire 25 Training Supplies Police Sworn 24 Equipment Parts Fleet Operating 23 Office Supplies Police Sworn 23 Operating Supplies Fire 23 Other Contracted Services Organizational Services 23 Operating Supplies Arts Center 23 Operating Supplies Arts in the Park 23 Employee Award Organizational Services 23 Employee Award Organizational Services 23 Operating Supplies Outdoor Center 22 Travel Expense Fleet Operating 22 Operating Supplies Outdoor Center 22 Operating Supplies Arts Center 21 Operating Supplies Internal Events 20 Operating Supplies Outdoor Center 20 Dues & Sub-Memberships Police Sworn 20 Employee Award Organizational Services 20 Operating Supplies Youth Programs Admin 19 Operating Supplies Arts Center 18 Training Supplies Fire 18 Operating Supplies Theatre Initiative Amount Account Description Business Unit18Operating Supplies Community Center Admin 17 Operating Supplies Special Events Admin 17 Other Contracted Services Organizational Services 17 Operating Supplies Outdoor Center 17 Operating Supplies Pool Operations 17 Miscellaneous City Council 17 Operating Supplies Theatre Initiative 16 Operating Supplies Fall Harvest 16 Operating Supplies Housing and Community Service 16 Operating Supplies Theatre Initiative 15 Dues & Sub-Memberships Communications 15 Software/Hardware Maint.IT Operating 15 Clothing & Uniforms Police Sworn 14 Operating Supplies Volunteers 14 Operating Supplies Arts Center 14 Repair & Maint. Supplies Water Distribution 13 Training Supplies Fire 13 Operating Supplies Pool Operations 12 Miscellaneous Internal Events 12 Operating Supplies Athletic Programs Admin 11 Operating Supplies Pool Operations 11 Operating Supplies IT Operating 9 Operating Supplies Arts Center 9 Travel Expense Fleet Operating 9 Operating Supplies Youth Programs Admin 8 Operating Supplies Outdoor Center 7 Training Supplies Police Sworn 7 Operating Supplies Theatre Initiative 7 Operating Supplies Arts Center 7 Fire Prevention Supplies Fire 7 Conference/Training IT Operating 6 Tuition Reimbursement/School Police Sworn 6 Operating Supplies Pool Operations 6 Operating Supplies Concessions 5 Operating Supplies Arts Center 5 Travel Expense Communications 5 Office Supplies Police Sworn 5 Advertising Arts in the Park 5 Operating Supplies Outdoor Center 4 Operating Supplies Housing and Community Service 4 Operating Supplies Staring Lake Concert 3 Mileage & Parking Assessing 3 Mileage & Parking Assessing Amount Account Description Business Unit-15 Clothing & Uniforms Police Sworn -30 Employee Award Organizational Services -40 Operating Supplies Community Center Admin -46 Operating Supplies Ice Operations -65 Travel Expense Utility Operations - General -95 Employment Advertising Organizational Services -113 Special Event Fees Senior Center Programs -113 Special Event Fees Senior Center Programs -150 Deposits General Fund -220 Operating Supplies Outdoor Center -258 Office Supplies Park Maintenance -298 Dues & Sub-Memberships Human Resources -357 Tuition Reimbursement/School Police Sworn -505 Capital Under $25,000 Fitness Classes -5,313 Other Revenue General Fund 87,159 Report Total