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Home My WebLink AboutCity Council - 02/18/2025Agenda Eden Prairie City Council Workshop 5:30 p.m. Tuesday, Feb. 18, 2025 City Center Heritage Rooms, Council Chambers 8080 Mitchell Road Eden Prairie, MN 55344 ATTENDEES City Council Members: 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 Amy Markle, Police Chief Matt Sackett, Fire Chief Scott Gerber, Administrative Services/HR Director Alecia Rose, Communications Manager Joyce Lorenz, City Attorney Maggie Neuville, and Recorder Sara Potter MEETING AGENDA Heritage Rooms I. Council Goals and Priorities for 2025 Council Chambers II. Open Podium III. Adjournment Agenda Eden Prairie City Council Meeting 7 p.m. Tuesday, Feb. 18, 2025 City Center Council Chambers 8080 Mitchell Road Eden Prairie, MN 55344 ATTENDEES City Council Members: 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 Amy Markle, HR/Administrative Services Director Alecia Rose, Police Chief Matt Sackett, Fire Chief Scott Gerber, and City Attorney Maggie Neuville MEETING AGENDA I. Call the Meeting to Order II. Pledge of Allegiance III. Open Podium Invitation IV. Proclamations and Presentations A. Words in Action award presentation V. Approval of Agenda and Other Items of Business VI. Minutes A. City Council Workshop held Tuesday, February 4, 2025 B. City Council Meeting held Tuesday, February 4, 2025 VII. Consent Calendar A. Clerk’s List B. Code Amendment – Office Use in Public District. Approve second reading of Ordinance amending City Code Chapter 11 allowing office and medical office use in public zoning district, adopt Resolution approving summary ordinance C. Nexus Innovation Center II by Endeavor Development. Adopt Resolution for Site Plan Review on 14.35 acres, approve Development Agreement CITY COUNCIL MEETING AGENDA February 18, 2025 Page 2 D. Nexus Innovation Center II by Endeavor Development. Adopt Resolution approving final plat E. Approve construction contract to service and upgrade municipal well no. 10 with Keys Well Drilling F. Approve construction contract to service and upgrade municipal well no. 16 with Keys Well Drilling G. Authorize purchase of one speed and message trailer, two dynamic speed feedback signs, and two rectangular rapid flashing beacons with MnDOT Safe Road Zone grant funds VIII. Public Hearings and Meetings A. Code Amendment – Chapter 11 housekeeping. First reading of Ordinance to amend City Code Chapter 11 Land Use Regulations (Zoning) to correct inconsistencies IX. Payment of Claims X. Ordinances and Resolutions XI. Petitions, Requests, and Communications XII. Appointments XIII. Reports A. Reports of Council Members B. Report of City Manager 1. Adopt Resolution Relating to General Obligation Capital Improvement Plan Bonds, Series 2025A. Authorizing the Issuance, Awarding the Sale, Fixing the Form and Details, Providing for the Execution and Delivery Thereof and the Security Therefor and Levying Ad Valorem Taxes for the Payment Thereof C. Report of Community Development Director D. Report of Parks and Recreation Director E. Report of Public Works Director F. Report of Police Chief CITY COUNCIL MEETING AGENDA February 18, 2025 Page 3 G. Report of Fire Chief H. Report of City Attorney XIV. Other Business A. Closed session for City Manager performance review XV. Adjournment City Council Agenda Cover Memo Date: Section: Feb. 18, 2025 Proclamations/Presentations Item Number: IV.A. Department: Mayor Ron Case ITEM DESCRIPTION Presentation of contest winners for the Martin Luther King Jr Day Words in Action Contest. REQUESTED ACTION No formal action requested. Babar Khan, Human Rights and Diversity Commissioner, and Kayna Aneja, Human Rights and Diversity Student Commissioner, will be on-hand to announce the winners of the Martin Luther King Jr Day Words in Action Contest. SUMMARY Eden Prairie youth submitted written or visual art pieces based on quotes from Black American civil rights leaders, such as Dr. Martin Luther King Jr. Participants reflected on the ways that they can continue to remember Dr King and many other Black American civil rights leaders and carry their legacy of racial justice forward. Contest winners include: Itisha Budamagunta – Visual Art Amaya Demery – Visual Art Sonakshi Dwivedi – Writing Leisha Mekala – Visual Art ATTACHMENTS None. Unapproved Minutes Eden Prairie City Council Workshop 5:30 p.m. Tuesday, Feb. 4, 2025 City Center Heritage Rooms, Council Chambers 8080 Mitchell Road Eden Prairie, MN 55344 ATTENDEES City Council Members: 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 Amy Markle, Police Chief Matt Sackett, Fire Chief Scott Gerber, Administrative Services/HR Director Alecia Rose, Communications Manager Joyce Lorenz, City Attorney Maggie Neuville, and Recorder Sara Potter Guest Speakers: Heritage Preservation Commission Chair Steve Schumacher, Heritage Preservation Commission Vice Chair Paul Thorp, Heritage Preservation Commission Staff Liaison Beth Novak-Krebs, Flying Cloud Airport Advisory Commission Chair Daniel Dorson, Flying Cloud Airport Advisory Commission Guest Chair Marc Morhack MEETING AGENDA Heritage Rooms I. Heritage Preservation Commission Work Plan 5:30 to 6 p.m. Case welcomed members of the Heritage Preservation Commission (HPC). HPC Chair Steve Schumacher noted his appreciation for Staff Liaison Beth Novak-Krebs. Schumacher stated the HPC presented the Heritage Preservation Awards to three individuals in three different areas of work. The HPC also completed writing a nomination report for the Old Depot Site to be recognized as a heritage preservation site. The site is not an actual structure but a foundation and should be preserved. Schumacher stated HPC members have discussed organizing a cleanup of the Old Mill Site foundation, which is currently being used improperly to discard yard waste. The foundation walls are not stable and may collapse upon removal of the yard waste. Case asked if the Old Mill Site is on public right of way. HPC Vice Chair Paul Thorp answered the site is on City owned conservation land. Nelson suggested installing a sign that identifies the Old Mill Site and forbids yard waste CITY COUNCIL MEETING AGENDA September 03, 2024 Page 2 dumping. Schumacher noted the HPC has discussed the need for a sign. Case noted the addition of a sign may increase attention and unwanted activity. Toomey asked what type of mill was at the site. Case confirmed it was a water mill for grinding grain. Narayanan asked how big the foundation is. Thorp answered the foundation is a 15 foot by 15 foot stone structure. Narayanan suggested protecting the site by building a brick wall around the perimeter. Schumacher noted a brick wall would be a possibility, but the job of the HPC is to document history and tell stories where necessary. There are other areas in need of HPC’s efforts. The Old Depot Site likely has more historical significance than the Old Mill Site. Schumacher stated the HPC participated in events including the Citywide Open House, Harvest to Halloween, and Picnic in the Park. They also received a grant to manufacture the Flying Red Horse interpretive panels. The HPC has created subcommittees to focus on different priorities. The Native American History and Outreach subcommittee wrote and distributed a Request for Proposal for a consultant to write a book about the indigenous history of Eden Prairie. One bid was submit for $36 thousand by Paul Maravelas. Ideally the consultant would do the research and write a manuscript. The HPC would then condense the manuscript into the final book. The HPC would like to pursue grants to finance the project, however it would push the project back 6 to 12 months. This is important work the commission would like to move forward on. Case asked if commissions are allocated a budget. Getschow answered the commissions do have some funds, but it would not be enough to cover the bid. It would be risky to begin work without having a grant secured. Staff could research possible funding sources to present to the Council. Case gave a summary of existing books covering Eden Prairie history. None of the books cover indigenous history between 1750 and 1850. Maravelas is well respected by historical groups. Case indicated he is in favor of the HPC proceeding with the quote. A funding source will be located. Nelson stated the length of the book should be appropriate for the average reader. Freiberg added there is 100 years of missing history that risks being lost the further the book is delayed. Narayanan commented it should be done correctly, the research should not be limited by a set number of pages. The EP Foundation offers grants. Narayanan asked if the City could place QR codes for individuals to donate to historical projects. Neuville commented cities do not CITY COUNCIL MEETING AGENDA September 03, 2024 Page 3 have the authority to fundraise. Schumacher summarized ideas of how the HPC could do more community outreach featuring Eden Prairie history on articles such as banners. This could be done in partnership with the Eden Prairie Historical Society. Case commented he favored the idea of placing banners that celebrate Eden Prairie history on lampposts throughout the City. Schumacher commented other art or temporary installations could help tell the story of Eden Prairie. The Council thanked the HPC members for their time. II. Flying Cloud Airport Advisory Commission Work Plan 6 to 6:30 p.m. Gerber introduced Flying Cloud Airport Advisory Commission (FCAAC) Chair Dan Dorson and Vice Chair Marc Morhack. Morhack detailed 2024 FCAAC accomplishments including meeting with flight schools multiple times to keep community noise concerns top of mind, and increasing visibility on noise abatement and community relations. There was a four percent decrease in operations at Flying Cloud Airport from 2023 to 2024. Even with the decreased operations, the number of complaints increased. The number of households who submit complaints was relatively stable between 2023 and 2024. Often the time of day operations occur drives complaints. Morhack stated propeller planes generate the highest number of noise complaints, along with flight schools performing repetitive pattern work. The south runway at Flying Cloud Airport may be operable soon. Toomey noted flights taking off from the south runway would fly over the river, leading to less noise pollution over homes. Morhack added operations between 8 to 9 a.m. and 5 to 6 p.m. lead to the highest number of complaints. The FCAAC is also interested in night operations, however many operations at night are medical flights or organ donations. Narayanan noted most flights occur between 8 a.m. and 8 p.m., very few occur at night. Toomey asked if there was a curfew for operations. Dorson answered there is a voluntary curfew. Case added there are only two airports in the United States that permit mandatory compliance enforcement based on noise. The group discussed residents’ misunderstanding the City’s ability to control airport operations at Flying Cloud. Dorson detailed the FCAAC’s focus areas for 2025. Dorson explained he is leading an upcoming CITY COUNCIL MEETING AGENDA September 03, 2024 Page 4 Metropolitan Airport Council (MAC) webinar to discuss ways to lessen noise pollution for surrounding neighborhoods including flying at appropriate altitudes, altering patterns, and utilizing surrounding airports. MAC has agreed to create a video shown to all new instructors and student pilots reiterating the airport’s proximity to neighborhoods. Case noted although the City does not have much power to directly influence airport operations, resident complaints do eventually get heard. Nelson stated it may be beneficial to provide messaging that Flying Cloud is a federal airport controlled by the Federal Aviation Administration (FAA), the same organization that controls the Minneapolis-St. Paul (MSP) Airport. Narayanan asked if there is information on how long the households who submit complaints have been residents. Dorson answered the FCAAC only has anecdotal evidence when residents attend meetings to share their perspective. Often longtime residents who experience a lifestyle change, such as retiring or beginning to work from home, will submit a first time complaint. Dorson explained the MAC is revising its Long-Term Plan, outlining current and future needs for the next 20 years. Narayanan asked what is included in the Long-Term Plan. Dorson stated mostly safety around existing runways. Nelson asked if the number of flight schools can be limited. Dorson responded the number of flight schools cannot be limited. Case expressed interest in reviewing the 2001 Final Agreement to discuss what operations, if any, the City can influence. Toomey stated pilots from other areas may have unique solutions for the same issues experienced at Flying Cloud Airport. The Council members thanked the FCAAC members for their time. Council Chambers III. Open Podium IV. Adjournment Unapproved Minutes Eden Prairie City Council Meeting 7 p.m. Tuesday, Feb. 4, 2025 City Center Council Chambers 8080 Mitchell Road Eden Prairie, MN 55344 ATTENDEES City Council Members: 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 Amy Markle, Administrative Services/HR Director Alecia Rose, Fire Chief Scott Gerber, Police Chief Matt Sackett, and City Attorney Maggie Neuville MEETING AGENDA I.Call the Meeting to Order Mayor Case called the meeting to order at 7 p.m. All Council Members were present. 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 and Presentations A.Eden Prairie Liquor Dollar Drive for PROP Getschow explained the month of November, the City's three municipal liquor stores partnered with the PROP food shelf and invited customers to donate to the food shelf. Eden Prairie Liquor stores held a Dollar Drive inviting customers to contribute just $1 each time they visited. Liquor Operation Manager Jaime Urbina thanked the customers for their generosity. The Minnesota Municipal Beverage Association and Miller Lite held an Annual Food Drive to Promote Community Value. The municipal liquor store with CITY COUNCIL MEETING AGENDA February 4, 2025 Page 2 the highest donations earned a $1,000 donation to their local food shelf. The Prairie View Liquor store was the winner of this donation. Together, these efforts, plus the $1,000 donation, raised a total of $12,593.31 for the PROP food shelf. The check was presented to PROP Executive Director Jenifer Loon. B. PROP Empty Bowls Proclamation Case read a proclamation to declare February 18, 2025 as Empty Bowls Day and urges all citizens to support PROP. Empty Bowls is annual PROP event that has been held to raise funds for PROP since 2010. PROP Executive Director Jenifer Loon thanked the City for its support. 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 MOTION: Narayanan moved, seconded by Freiberg, to approve the minutes of the Council workshop held Tuesday, January 21, 2025, and the City Council meeting held Tuesday, January 21, 2025, as published. Motion carried 5-0. VII. Consent Calendar A. Clerk’s List B. Costco fuel facility expansion by Costco Wholesale. Approve second reading of Ordinance No. 02-2025 for PUD District Review with Waivers on 18.18 acres, adopt Resolution No. 2025-022 for site plan on 18.18 acres, approve second amendment to the Development Agreement C. Approve policy on removal of sediment from public stormwater ponds D. Approve State of Minnesota grant contract for Solar on Public Buildings Award for Fire Station 1 MOTION: Nelson moved, seconded by Toomey, to approve Items A-D on the Consent Calendar. Motion carried 5-0. VIII. Public Hearings and Meetings A. Nexus Innovation Center II by Endeavor Development. Adopt Resolution No. 2025- 023 for Preliminary Plat on 14.35 acres CITY COUNCIL MEETING AGENDA February 4, 2025 Page 3 Getschow explained the applicant is requesting approval to build two industrial buildings on a 14.35-acre property located at 6131 Blue Circle Drive. The property is in the far northeast corner of the City between the westbound on-ramp to Highway 62 from Highway 212 and the northern city limits. The property was previously occupied by American Family Insurance. On July 16, 2024, the City Council approved a zoning change and a Site Plan for one building that was 185,733 square feet on the property. The applicant is now proposing two buildings, one 92,224 square feet and the other 82,006 square feet. Getschow added the Planning Commission held a public hearing on the project at its January 13, 2025 meeting and recommended approval of the project with a vote of 8-0. Joe Bergman, Vice President of Development with Endeavor Development, provided an overview of the project. Narayanan thanked Mr. Bergman for the company’s investment in Eden Prairie. No one wished to address the Council for the public hearing. MOTION: Freiberg moved, seconded by Narayanan to close the public hearing, adopt a Resolution No. 2025-023 approving a Preliminary Plat dividing one lot into two lots on 14.35 acres, direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions, and authorize the issuance of an early Land Alteration Permit for Nexus Innovation Center II at the request of the Developer subject to the conditions outlined in the permit. Nelson expressed her appreciation for the solar components. Case asked if the arrangement with neighboring cities is irregular. Ellis explained there are Joint Powers Agreements in place with neighboring cities to address developments on the borders. VOTE ON THE MOTION: Motion carried 5-0. B. Code Amendment – Office Use in Public District. First reading of Ordinance amending City Code, Chapter 11 allowing office and medical office use in public zoning district Getschow stated the proposed ordinance allows office and medical office as an accessory use in the public zoning district where the current primary use is a school, and the building was originally built for office use. This is in response to conversations with the school district and the district’s desire to lease a portion of its building at the former UNFI campus. Given the property was originally developed for office uses, there is minimal impact to the character of the CITY COUNCIL MEETING AGENDA February 4, 2025 Page 4 neighborhood. Getschow added the Planning Commission held a public hearing on the project at its January 13, 2025 meeting and recommended approval of the project with vote of 7-0 with one abstention. Case asked how the process is different than the City leasing the building it is in. Klima explained the property is zoned I-2. The initial PUD was issued to allow for office use. Therefore, the City could use the space for offices. No one wished to address the Council during the public hearing. MOTION: Toomey moved, seconded by Narayanan, to close the public hearing and approve the first reading of an Ordinance to amend Chapter 11 for office and medical office uses in the public zoning district in certain situations. Nelson asked if there will be a defined area between the school and the leasable space. Klima stated the school will be leasing space on the third floor. Case added a portion of the private entity would become tax-producing. Klima stated a reasonable application of code would require the majority of the square footage remain as school use. If an arrangement was proposed that didn’t meet the City’s policies and Code, then Staff wouldn’t support it. Case pointed out the discussion would be summarized in the minutes for future legal reference. Getschow stated they don’t know the future ownership and usage of the building. Any future changes would need to be approved by the Council. VOTE ON THE MOTION: The motion was carried 5-0. IX. Payment of Claims MOTION: Narayanan moved, seconded by Nelson, 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.” X. Ordinances and Resolutions XI. Petitions, Requests, and Communications XII. Appointments XIII. Reports CITY COUNCIL MEETING AGENDA February 4, 2025 Page 5 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 XIV. Other Business XV. Adjournment MOTION: Narayanan moved, seconded by Freiberg, to adjourn the meeting. Motion carried 5-0. Mayor Case adjourned the meeting at 7:32 p.m. Respectfully submitted, ____________________________ Sara Potter, Administrative Support Specialist City Council Agenda Cover Memo Date: Feb. 18, 2025 Section: Consent Calendar Item Number: VII.A. Department: Police/Support Unit ITEM DESCRIPTION Clerk’s License Application List REQUESTED ACTION Approve the licenses listed below SUMMARY Gambling/Raffle Organization: EPAM Rotary Foundation Event: Eden Prairie Eco Expo Place: Eden Prairie Center 8251 Flying Cloud Drive Date: April 12, 2025 Temporary On-Sale Wine Organization: City of Eden Prairie Event: Wine & Beer Tasting Date: March 27, 2025 Place: Garden Room of Eden Prairie 8080 Mitchell Road City Council Agenda Cover Memo Date: Section: Feb. 18, 2025 Consent Calendar Item Number: VII.B. Department: Community Development / Planning Julie Klima / Jeremy Barnhart ITEM DESCRIPTION Approval of the 2nd reading of an ordinance related to permitted uses within the Public Zoning District by adding office and medical offices uses when certain conditions are met. REQUESTED ACTION Move to: •Approve the 2nd reading of an Ordinance amending regulations in Chapter 11 relative to permitted uses in the Public Zoning District; and •Adopt a Resolution Approving the Summary Ordinance and ordering the publication of said summary. SUMMARY This is the second reading of an ordinance that adds office and medical office uses to the permitted use table. With adoption, medical office and office uses are permitted accessory uses in buildings originally built for office uses that have been repurposed for schools uses, in the Public Zoning District. ATTACHMENTS Ordinance Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. ____-2025 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11, SECTION 11.07 RELATING TO PERMITTED USES IN SPECIAL DISTRICTS AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH AMONG OTHER THINGS CONTAINS PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. City Code Chapter 11, Section 11.07, Subsection D, is amended as follows: A. To add the following new row to the table, in its proper alphabetical location: Offices and Medical Office A3 B. To add the following new footnote at the end of the subsection: 3 Office uses are only permitted in former office buildings that are adaptively reused for school uses. Section 2. 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 3. This ordinance will become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 4th day of February, 2025, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 18th day of February, 2025. _________________________________ _________________________________ David Teigland, City Clerk Ronald A. Case, Mayor Published in the Sun Sailor on the ____ day of ______________, 2025. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2025-__ A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. __-2025 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. __-2025 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 18th day of February, 2025. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS: A. Ordinance No. __-2025 is lengthy and contains a table. B. The text of summary of Ordinance No. __-2025, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. C. The title and summary shall be published once in the Sun Sailor in a body type no smaller than brevier or eight-point type. D. A printed copy of the Ordinance shall be made available for inspection by any person, during regular office hours, at the office of the City Clerk, and a copy of the entire text of the Ordinance shall be posted in the City offices. E. Ordinance __-2025 shall be recorded in the Ordinance Book, along with proof of publication, within twenty (20) days after said publication. ADOPTED by the City Council on February 18, 2025. ___________________________ Ronald A. Case, Mayor ATTEST: ________________________ David Teigland, City Clerk EXHIBIT A CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE __-2025 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11, SECTION 11.07 RELATING TO PERMITTED USES IN SPECIAL DISTRICTS AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH AMONG OTHER THINGS CONTAINS PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This Ordinance adds permitted uses to the table in Section 11.07. Medical office and office uses are added to the use table, with conditions outlined in the footnotes. Effective Date: This Ordinance shall take effect upon publication. ATTEST: ____________________________ ______________________________ David Teigland, City Clerk Ronald A. Case, Mayor PUBLISHED in the Sun Sailor on ____________, 2025. (A full copy of the text of this Ordinance is available from City Clerk.) City Council Agenda Cover Memo Date: Feb. 18, 2025 Section: Consent Calendar Item Number: VII.C. Department: Community Development / Planning Julie Klima / Beth Novak-Krebs ITEM DESCRIPTION The applicant is requesting approval to build two industrial buildings on a 14.35-acre property located at 6131 Blue Circle Drive. The property is in the far northeast corner of the City between the west bound on ramp to Highway 62 from Highway 212 and the northern city limits. The plan includes one 92,224 square foot building and one 82,006 square foot building each on its own lot. REQUESTED ACTION Move to: • Adopt a Resolution approving a Site Plan Review on 14.35 acres • Approve the Development Agreement for Nexus II SUMMARY This is the 2nd reading for Nexus II. The 120-day review period expires on April 9, 2025. ATTACHMENTS Resolution for Site Plan Review Development Agreement CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2025-____ A RESOLUTION GRANTING SITE PLAN APPROVAL FOR NEXUS II BY ENDEAVOR DEVELOPMENT WHEREAS, Endeavor Development, has applied for Site Plan approval for Nexus II to construct a 92,224 square foot and an 82,006 square foot industrial building on the property at 6131 Blue Circle Drive; WHEREAS, City Council approved a Site Plan for a single 185,722 square foot industrial building on the property at 6131 Blue Circle Drive on July 16, 2024 but the applicant significantly modified the Site Plan to include two buildings instead of one; and WHEREAS, zoning approval for the property was granted by an Ordinance approved by the City Council on July 16, 2024; and WHEREAS, the Planning Commission reviewed said application for Nexus II at a public hearing at its January 13, 2025 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its February 4, 2025 meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval for property legally described in Exhibit A attached hereto is granted to Endeavor Development, subject to the Development Agreement between ZDC Partners, LLC and the City of Eden Prairie, reviewed and approved by the City Council on February 18, 2025. ADOPTED by the City Council of the City of Eden Prairie this 18th day of February, 2025. ___________________________ Ronald A. Case, Mayor ATTEST: ___________________________ David Teigland, City Clerk EXHIBIT A Site Plan Legal Description Before Final Plat: Lot 1, Block 1, American Family Addition, Hennepin County, Minnesota. (Torrens Property) Legal Description After Final Plat Lots 1 and 2, Block 1, Nexus II, Hennepin County, Minnesota CONSENT AND SUBORDINATION The undersigned, owner of that certain Mortgage dated November 20, 2024, recorded in the office of the Hennepin County Registrar of Titles, on November 27, 2024 as Document No. 6108593 covering the Property described on Exhibit A hereto, for valuable consideration, does hereby consent to and subordinates its interest in the Property to that certain Development Agreement, to which this Consent and Subordination is attached, dated February 18, 2025 by ZDC Partners, LLC, to the City of Eden Prairie. STATE OF MINNESOTA COUNTY OF ) ) ss. ) TRADITION CAPITAL BANK Its: S '? WM C)pn. the, {� day of ___:_::::...=_:_::__:=----i-' 2025, before me personally came//Cl� tOSI{ , to me known, who I eing duly sworn by me stated that he/she is the SV f of the said Tradition Capital Bank and that he/she is duly authorized to execute the foregoing instrument. Nexus II Development Agreement AMANDA K OLSON Notary Public State of Minnesota My Commission Expires January 31, 2027 30 City Council Agenda Cover Memo Date: Feb. 18, 2025 Section: Consent Calendar Item Number: VII.D. Department: Public Works / Engineering – Corey Kurth ITEM DESCRIPTION This proposal is for the plat located at 6131 Blue Circle Drive. The plat consists of 14.35 acres to be split into 2 lots. REQUESTED ACTION Move to: Adopt the resolution approving the final plat of Nexus II. SUMMARY The preliminary plat was approved by City Council on February 4, 2025. Second reading of the final site plan approval was approved by the City Council on February 18, 2025. Approval of the final plat is subject to the following conditions: • Prior to release of the final plat, Developer must provide a Declaration of Cross Access Easement, Utility and Maintenance Agreement over the private driveways and infrastructure • Receipt of engineering fee in the amount of $4,305.00. • Provide areas (to the nearest square foot) of all lots. ATTACHMENTS Resolution Drawing of final plat CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2025-__ A RESOLUTION APPROVING FINAL PLAT OF NEXUS II WHEREAS, the plat of Nexus II has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: A. Plat approval request for Nexus II is approved upon compliance with the recommendation of the Final Plat Report on this plat dated February 18, 2025. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners of the subdivision of the above-named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on February 18, 2025. ___________________________ Ronald A. Case, Mayor ATTEST: SEAL __________________________ David Teigland, City Clerk www.alliant-inc.com Sheet 1 of 2 Sheets NEXUS II R.T. DOC. NO KNOW ALL PERSONS BY THESE PRESENTS: That ZDC Partners, LLC, a Delaware limited liability company, owner of the following described property: Lot 1, Block 1, AMERICAN FAMILY ADDITION Has caused the same to be surveyed and platted as NEXUS and does hereby dedicate to the public for public use the drainage and utility easements as created by this plat. In witness whereof said ZDC Partners, LLC, a Delaware limited liability company has caused these presents to be signed by its proper officer this ______ day of ____________________, 20____. Signed: ZDC Partners, LLC By: __________________________________________________ Joshua Budish, Manager STATE OF ______________________________________ COUNTY OF ______________________________________ This instrument was acknowledged before me on this ______ day of ____________________, 20____ by Joshua Budish, Manager of ZDC Partners, LLC, a Delaware limited liability company, on behalf of the company. __________________________________________________ Signature __________________________________________________ Printed Name Notary Public, _____________________________________ County, Minnesota My Commission Expires ____________________________ I Daniel Ekrem do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of the boundary survey; that all mathematical data and labels are correctly designated on this plat; that all monuments depicted on this plat have been, or will be correctly set within one year; that all water boundaries and wet lands, as defined in Minnesota Statutes, Section 505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and labeled on this plat. Dated this ________ day of ______________________, 20____. __________________________________________________ Daniel Ekrem, Licensed Land Surveyor, Minnesota License No. 57366 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me on this ______ day of ____________________, 20____, by Daniel Ekrem. __________________________________________________ Signature __________________________________________________ Printed Name Notary Public, _______________________________ County, Minnesota My Commission Expires _____________________________ CITY COUNCIL, CITY OF EDEN PRAIRIE, MINNESOTA This plat of NEXUS was approved and accepted by the City Council of the City of Eden Prairie, Minnesota at a regular meeting thereof held this ______ day of ____________________, 20____, and said plat is in compliance with the provisions of Minnesota Statutes, Section 505.03, Subd. 2. City Council, City of Eden Prairie, Minnesota ________________________________________________, Mayor ________________________________________________, Manager COUNTY AUDITOR, Hennepin County, Minnesota I hereby certify that taxes payable in 20____ and prior to years have been paid for land described on this plat, dated this ______ day of ____________________, 20____. Daniel Rogany, County Auditor by _____________________________________________, Deputy SURVEY DIVISION Hennepin County, Minnesota Pursuant to MN. STAT. Sec. 383B.565 (1969), this plat has been approved this ______ day of ____________________, 20____. Chris F. Mavis, County Surveyor by _____________________________________________ REGISTRAR OF TITLES Hennepin County, Minnesota I hereby certify that the within plat of NEXUS was filed in this office this _______ day of ________________________, 20____, at _____ o'clock ___ M. Amber Bougie, Registrar of Titles by _____________________________________________, Deputy [N01°51'55"W 483.92][S85°49'52"E 1139.41][S04°10'08"W 470.18][S76°58'53"W 2 7 7 . 8 5 ] [N13°01'07"W 10.00] [L=430.79] [Δ=28°22'22"] [N15°21'15"E] [L=2 9 7 . 2 0 ] [Δ=19° 5 5 ' 0 3 " ] S85°24'37"E 1139.42 N01°27'15"W 483.14S04°35'35"W 470.00S77°29'48"W 2 7 7 . 7 5 N12°47'09"W 10.04 S77°12'51"W 1 2 7 . 1 2 N15°56'08"E 15.00 R=869.93 L=431 .0 0 Δ=28°2 3'11" C.Br g=S88°2 2'0 3 "E R=854.93L=297.13 Δ=19°54'47" C.Brg=S64°13'11"E 615.44 523.98 S85°25'20"E 135.66S4°35'09"W 280.92LOT 1 LOT 2 BLOCK 1 L=422.17 Δ=27°48'17" L=8.83 Δ=00°34'54"S4°34'40"W 205.22S4°34'43"W 96.46N85°25'17"W10.03 R.T. DOC. NO N SE 1/4 NE 1/4 SW 1/4 NW 1/4 N www.alliant-inc.com THE EAST LINE OF LOT 1, BLOCK 1, AMERICAN FAMILYADDITION, HAS AN ASSUMED BEARING OF S04° 35' 35W". LEGEND Record Plat Dimension Denotes 1/2 inch x 18 inch iron pipmonument set marked by license no. 57366, unless otherwise shown. Denotes Controlled Access per Doc. No. 3740408 Drainage & Utility Easement Sheet 2 of 2 Sheets VICINITY MAP S. 1, T. 116, R. 22NOT TO SCALE NEXUS II 0 25 50 100 SCALE IN FEET1 INCH = 50 FEET YELLOW CIRCLE DR BLUE CIRCLE DR STAT EHIGH W A Y 62 U.S. HWYNO. 212Denotes monument found 1/2 inch iron pipe, unless otherwise shown. SITE City Council Agenda Cover Memo Date: Feb. 18, 2025 Section: Consent Calendar Item Number: VII.E. Department: Public Works/Utilities Division – Joe Dusek, Water Plant Supervisor ITEM DESCRIPTION Approve Construction Contract with Keys Well Drilling to Service and Upgrade Municipal Well No. 10. REQUESTED ACTION Move To: Approve construction contract with Keys Well Drilling, Inc, municipal well drillers, to service the pump equipment in Well No. 10, new pumping system components as required, and maintain the performance for summer-time water demand. SUMMARY Synopsis The City of Eden Prairie Utilities Division obtained proposals from three competent regional well drills for the rehabilitation work at Municipal Well No. 10. Well 10 is located at 6910 Edenvale Boulevard. The least cost proposal was offered by Keys Well Drilling. Staff recommends acceptance of the proposal in the amount of $95,970.00 to be paid from the water utility fund. Background Information Municipal Well 10 was constructed in 1987 and was last rehabilitated in 2017. Well 10, and it’s associated pumping equipment, are currently capable of generating the desired yield of (2000 gpm) during periods of peak demand. The well is scheduled for routine inspection and maintenance services, with no planned upgrades to the pump or motor. ATTACHMENTS Recommendation Letter with Bid Summary Copy of Contract February 7, 2025 Mr. Joe Dusek Water Plant Supervisor City of Eden Prairie Re: Recommendation for Notice of Award Well No. 10 Downhole Rehabilitation City of Eden Prairie, Minnesota Dear Mr. Dusek: Pursuant to the authority of the Eden Prairie City Council, quotes were received electronically Tuesday, February 4th , 2025. A total of three (3) quotes were received for the project. Pursuant to our review of the quotes received, it appears that all were completed in accordance with the requirements of the Request for Quotes (RFQ). The engineer’s estimate for the rehab of Well No. 10 was $85,762.50. A summary of the Quote Tabulation is below for your reference. Contractor Name Well No. 10 Keys Well Drilling $ 95,970.00 Bergerson – Caswell $ 100,872.50 Traut Companies $ 121,795.00 Pending Eden Prairie’s official’s acceptance of the proposed contract prices, Advanced Engineering and Environmental Services, LLC (AE2S) recommends that the City award the construction contract for Well No. 10 Downhole Rehabilitation to Keys Well Drilling since they were the lowest responsive and responsible bidder for Well No. 10 $95,970.00. AE2S truly appreciates the opportunity to be able to work with the City of Eden Prairie on this project for the City. Should you or anyone at the City have any questions or comments regarding this letter, please feel free to contact me at 763-463-5036. Sincerely, Ross Mindermann, EIT Engineer in Training City Council Agenda Cover Memo Date: Feb. 18, 2025 Section: Consent Calendar Item Number: VII.F. Department: Public Works/Utilities Division – Joe Dusek, Water Plant Supervisor ITEM DESCRIPTION Approve Construction Contract with Keys Well Drilling to Service and Upgrade Municipal Well No. 16. REQUESTED ACTION Move To: Approve construction contract with Keys Well Drilling, Inc, municipal well drillers, to service the pump equipment in Well No. 16, new pumping system components as required, and maintain the performance for summer-time water demand. SUMMARY Synopsis The City of Eden Prairie Utilities Division obtained proposals from three competent regional well drills for the rehabilitation work at Municipal Well No. 16. Well 16 is located at 8420 Mitchell Road. The least cost proposal was offered by Keys Well Drilling. Staff recommends acceptance of the proposal in the amount of $109,930.00 to be paid from the water utility fund. Background Information Municipal Well 16 was constructed in 2008 and was last rehabilitated in 2017. Well 16, and it’s associated pumping equipment, are currently capable of generating the desired yield of (1500 gpm) during periods of peak demand. The well is scheduled for routine inspection and maintenance services, with no planned upgrades to the pump or motor. ATTACHMENTS Recommendation Letter with Bid Summary Copy of Contract February 7, 2025 Mr. Joe Dusek Water Plant Supervisor City of Eden Prairie Re: Recommendation for Notice of Award Well No. 16 Downhole Rehabilitation City of Eden Prairie, Minnesota Dear Mr. Dusek: Pursuant to the authority of the Eden Prairie City Council, quotes were received electronically Tuesday, February 4th , 2025. A total of three (3) quotes were received for the project. Pursuant to our review of the quotes received, it appears that all were completed in accordance with the requirements of the Request for Quotes (RFQ). The engineer’s estimate for the Rehab of Well No. 16 was $70,250.00. A summary of the Quote Tabulation is below for your reference. Contractor Name Well No. 16 Rehabilitation Keys Well Drilling $ 109,930.00 Bergerson-Caswell $ 130,760.00 Traut Companies $ 170,480.00 Pending Eden Prairie’s official’s acceptance of the proposed contract prices, Advanced Engineering and Environmental Services, LLC (AE2S) recommends that the City award the construction contract for Well No. 16 Downhole Rehabilitation to Keys Well Drilling since they were the lowest responsive and responsible bidder for Well No. 16 at $109,930.00. AE2S truly appreciates the opportunity to be able to work with the City of Eden Prairie on this project for the City. Should you or anyone at the City have any questions or comments regarding this letter, please feel free to contact me at 763-463-5036. Sincerely, Ross Mindermann, EIT Engineer in Training City Council Agenda Cover Memo Date: Feb. 18, 2025 Section: Consent Calendar Item Number: VII.G. Department: Public Works/Engineering – Adam Gadbois ITEM DESCRIPTION Authorize purchase of one speed and message trailer, two dynamic speed feedback signs, and two rectangular rapid flashing beacons (RRFBs) using MnDOT Safe Road Zone grant funds. REQUESTED ACTION Move to: Authorize purchase of one speed and message trailer from Applied Concepts, Inc., dba Stalker Radar for $21,167.00 and authorize purchase of two rectangular repaid flashing beacons (RRFBs) from Traffic and Parking Control Co., Inc., (TAPCO) for $33,692.16 using MnDOT Safe Road Zone grant funds. SUMMARY The City was awarded $64,000 in grant funding from the Minnesota Department of Transportation’s Safe Road Zones Grant. On January 7th, 2025, City Council passed resolution 2025-010 authorizing execution of a grant agreement with MnDOT for this grant. Grant funding is received on a reimbursable basis after purchase of equipment. The City of Eden Prairie participates in the State of Minnesota Cooperative Purchasing Venture (CPV). This enables the City to purchase equipment under the terms of contracts already negotiated by the State of Minnesota. The speed and message trailer and two dynamic speed feedback signs will be purchased from Applied Concepts, Inc., dba Stalker Radar using CPV rates as identified in contract 259345. The City of Eden Prairie also participates in OMNIA Partners Cooperative Purchasing Venture. The two RRFBs will be purchased from TAPCO using CPV rates as identified in OMNIA contract 2020-200. As part of the grant agreement, a local funding component of approximately $20,000 was included to complete any surface construction work for the RRFB installation. These costs will be funded by the Transportation Fund as identified in the Annual Signal Operations and Improvements project in the 2025-2034 CIP. ATTACHMENTS Stalker Radar Quote and CPV Contract TAPCO Quote and CPV Contract radar 855 E. Collins Blvd Richardson, TX 75081 Phone: 972-398-3780 Fax: 972-398-3781 applied concepts, inc. QUOTE National Toll Free: 1-800- STALKER Page 1 of 1 01/28/25 Reg Sales Mgr: # Effective From :Lead Time: Date: Bill To:Ship To: EDEN PRAIRIE City Public Works 8080 Mitchell Rd Eden Prairie, MN 55344-2203 Accounts Payable Eden Prairie City Public Works 8080 Mitchell Rd Eden Prairie, MN 55344-2203 Adam Gadbois Coyote Logistics (4-6 Days)P39326Customer ID: 2099977 Peter Bauer 972-398-3780Inside Sales Partner: Valid Through:04/28/2025 60 working days Robert Mele +1-972-801-4882 01/28/2025 rmele@stalkerradar.com peter@stalkerradar.com Qty Part Number Description Price Ext PriceLn 015-2684-591 $0.001[268459] MC360 Message Trailer (3'x6') w/Solar 200-1229-011 $0.002[414155] Traffic Stats Sensor, 2 Comm Ports 006-0569-001 $0.003Certificate of Accuracy, Speed Sensor II 015-4120-941 $0.004Red/Blue Strobes-2 Strobe Assys, 6 LEDs ea-MC360 015-1819-001 $0.005[275569] SAM 3/SAM/VMS Trailer Wheel Jack 015-5603-001 $0.006[275565] Trailer Wheel Lock 200-1173-001 $0.007(412467) Traffic Data Analysis Package 200-1448-011 $0.008MC360 Trailer User Manual Kit w/USB Comm Cable 063-0024-601 $0.009Message Center Trailer 5-Year Warranty Group Total $21,167.00 Grp Qty Package Description Price Ext PriceWrnty/Mo 1 1 821-1101-00 Stalker MC360 Message Trailer (3'x6') w/Strobes $21,167.00 $21,167.000 MN NASPO 259345 Sub-Total: Sales Tax Shipping & Handling: Total: USD Product Discount Payment Terms: 001 $21,167.00 $0.00 $21,167.00 0%$0.00 $0.00 $21,167.00Net 30 days This Quote or Purchase Order is subject in all respects to the Terms and Conditions detailed at the back of this document. TheseTerms and Conditions contain limitations of liability, waivers of liability even for our own negligence, and indemnification provisions,all of which may affect your rights. Please review these Terms and Conditions carefully before proceeding. November 18, 2024 Bill Titterington Applied Concepts, Inc. 855 E. Collins Blvd Richardson, TX 75081 Dear Mr. Titterington: The following documents are enclosed for you to complete and return: • Participating Addendum, State of Minnesota Contract No. 259345, for Police Radar/Lidar Speed Enforcement & Accident Scene Reconstruction through NASPO ValuePoint Contract No. 24823 for Police Radar/Lidar Speed Enforcement & Accident Scene Reconstruction • Minnesota Exhibit A, showing the Minnesota’s Terms, Conditions, and Specifications, which includes the following: Instructions for properly completing the Contract documents are enclosed. Documents that are not properly executed will be returned to you. Failure to submit executed forms in the time required may result in cancellation of the award. Upon receipt of the properly executed forms, and after signatures are obtained from the appropriate State authorities, a copy of the completed Contract documents will be sent to your company. If you have any questions, please contact me. Sincerely, Allyson Youngquist Buyer II Enclosure(s) Office of State Procurement 112 Administration Building 50 Sherburne Avenue St. Paul, MN 55155 Voice: 651.296.2600 Fax: 651.297.3996 Using the DocuSign process, please have the attached document signed and routed for the State’s execution as soon as possible. Docusign Envelope ID: 4B1842FF-4A0C-4C40-AAB5-7F59C4F83FA4 PARTICIPATING ADDENDUM NASPO ValuePoint For Police Radar Lidar Speed Enforcement & Accident Scene Reconstruction Between the State of Minnesota and Applied Concepts, Inc. NASPO ValuePoint Contract No. 24823 State of Minnesota Contract No. 259345 Scope. Minnesota and Cooperative Purchasing Venture Program members, as defined in the attached Minnesota Exhibit A, may purchase the products and/or services available in the Participating Addendum. The Participating Addendum is not a purchase order, nor does it guarantee any purchases will be made. Changes. The additional terms and conditions contained in Minnesota Exhibit A, which is attached and made part of the Participating Addendum, are hereby incorporated by reference. In the event of a conflict between the terms contained within Minnesota Exhibit A and the NASPO ValuePoint Master Agreement, Minnesota Exhibit A shall prevail. The parties agree that this provision of the Participating Addendum supersedes the Standard Contract Terms and Conditions set forth in the NASPO ValuePoint Master Agreement. In the event that any provision of the Participating Addendum or NASPO ValuePoint Master Price Agreement is contrary to Minnesota law, such provision shall be null and void. The Participating Addendum shall be governed by Minnesota law. No price adjustments are allowed unless approved by the Lead State for the NASPO ValuePoint Master Agreement and adopted by the State of Minnesota through a fully executed Participating Addendum amendment. Authorized Representative. The State's Authorized Representative is Allyson Youngquist, Buyer II, 50 Sherburne Avenue, St. Paul, MN 55155, 651.201.3042, Allyson.youngquist@state.mn.us, or her successor or delegate, and has the responsibility to monitor the Contractor’s performance. Contractor’s Authorized Representative. The Contractor's Authorized Representative is Bill Titterington, Contracts and Proposal Manager, at the following business address and telephone number: 855 E. Collins Blvd, Richardson, TX 75081, 972.398.3872, billt@a-concepts.com, or his successor. If the Contractor’s Authorized Representative changes at any time during this Contract, the Contractor must immediately notify the State. Contractor’s Duties. The Contractor shall perform all duties described in this Contract to the satisfaction of the State. Representations and Warranties. Under Minn. Stat. §§ 15.061 and 16C.03, subd. 3, and other applicable law the State is empowered to engage such assistance as deemed necessary. Contractor warrants that it is duly qualified and shall perform its obligations under this Contract in accordance with the commercially reasonable standards of care, skill, and diligence in Contractor’s industry, trade, or profession, and in accordance with the specifications set forth in this Contract, to the satisfaction of the State. Type text here Docusign Envelope ID: 4B1842FF-4A0C-4C40-AAB5-7F59C4F83FA4 Contractor warrants that it possesses the legal authority to enter into this Contract and that it has taken all actions required by its procedures, by-laws, and applicable laws to exercise that authority, and to lawfully authorize its undersigned signatory to execute this Contract, or any part thereof, and to bind Contractor to its terms. Time. The Contractor must comply with all the time requirements described in this Contract. In the performance of this Contract, time is of the essence. Compensation and Conditions of Payment. Compensation. The State will pay for performance by the Contractor under this Contract in accordance with the breakdown of costs as set forth in Exhibit D which is attached and incorporated into this Contract. Conditions of Payment. All duties performed by the Contractor under this Contract must be performed to the State’s satisfaction and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations including business registration requirements of the Office of the Secretary of State. The Contractor will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state, or local law. Authorized Signature. The Participating Addendum must be fully and properly executed by an officer or other authorized representative of the responder. If the responder is a corporation, a secretarial certificate or the corporate minutes showing that the signing officer has authority to contractually obligate the corporation should be furnished. Where the corporation has designated an attorney-in-fact, the power of attorney form should be furnished. If the responder is a partnership, a letter of authorization should be furnished signed by one of the general partners. A sole proprietor must sign the response. Proof of authority of the person signing the response must be furnished upon request. Exhibits. The following documents, in order of precedence, are incorporated herein by reference and constitutes the entire Contract between the Contractor and the State: The Minnesota Participating Addendum, including all Exhibits, The NASPO ValuePoint Master Agreement The NASPO ValuePoint Solicitation Response to the NASPO ValuePoint Solicitation In the event of a conflict in language among any of these documents, the terms and conditions set forth and/or referenced in this Participating Addendum shall prevail over conflicting terms and conditions. Docusign Envelope ID: 4B1842FF-4A0C-4C40-AAB5-7F59C4F83FA4 IN WITNESS WHEREOF, the parties have executed the Participating Addendum as of the date of execution by all parties below. 1. Contractor: Applied Concepts, Inc. The Contractor certifies that the appropriate person(s) have executed this Participating Addendum on behalf of the Contractor as required by applicable articles, bylaws, resolutions, or ordinances. By: Signature Printed Name Title: Date: By: Signature Printed Name Title: Date: 2. Government Entity: State of Minnesota Office of State Procurement In accordance with Minn. Stat. § 16C.03, Subd. 3. By: Title: Acquisition Management Specialist/Buyer Date: 3. State of Minnesota Commissioner of Administration Or delegated representative. By: Date: Docusign Envelope ID: 4B1842FF-4A0C-4C40-AAB5-7F59C4F83FA4 11/18/2024 William H. Titterington Contracts Manager 11/18/2024 11/21/2024 Page 1 of 2 TRAFFIC CONTROL PRODUCTS AND RELATED PRODUCTS AND SOLUTIONS Executive Summary Lead Agency: Barron County, Wisconsin Solicitation: 2020-200 RFP Issued: September 5, 2019 Pre-Proposal Date: September 23, 2019 Response Due Date: October 24, 2019 Proposals Received: #3 Awarded to: Barron County, Wisconsin issued RFP 2020-200 on September 5, 2019, to establish a national cooperative contract for Traffic Control Products and Related Products and Solutions. The solicitation included cooperative purchasing language in General Information, Section 4. National Contract (RFP, Page 9): NATIONAL CONTRACT Barron County, as the Principal Procurement Agency, defined in Attachment A, has partnered with OMNIA Partners to make the resultant contract (also known as the “Master Agreement” in materials distributed by OMNIA Partners) from this solicitation available to other public agencies nationally, including state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit (“Public Agencies”), through OMNIA Partners’ cooperative purchasing program. Barron County is acting as the contracting agency for any other Public Agency that elects to utilize the resulting Master Agreement. Use of the Master Agreement by any Public Agency is preceded by their registration with OMNIA Partners (a “Participating Public Agency”) and by using the Master Agreement, any such Participating Public Agency agrees that it is registered with OMNIA Partners, whether pursuant to the terms of a Master Intergovernmental Purchasing Cooperative Agreement, a form of which is attached hereto on ATTACHMENT A, or as otherwise agreed to. ATTACHMENT A contains additional information about OMNIA Partners and the cooperative purchasing program. Page 2 of 2 Notice of the solicitation was sent to potential offerors, as well as advertised in the following: • Barron County website • OMNIA Partners, Public Sector website • USA Today, nationwide • Arizona Business Gazette, AZ • San Bernardino Sun, CA • Honolulu Star-Advertiser, HI • The Advocate – New Orleans, LA • New Jersey Herald, NJ • Times Union, NY • Daily Journal of Commerce, OR • The State, SC • Houston Community Newspapers, Cy Creek Mirror, TX • Deseret News, UT • Richmond Times, VA • Seattle Daily Journal of Commerce, WA • Helena Independent Record, MT On October 24, 2019 proposals were received from the following offerors: • All Traffic Solutions, Inc. • Rologard Global Company, LLC (late response – was not accepted) • TAPCO (Traffic and Parking Control Co., Inc.) Due to the nature of the responses, only one Offeror submitted on time in addition to meeting all the requirements of the RFP. • TAPCO (Traffic and Parking Control Co., Inc.) Barron County, Wisconsin executed the agreement with a contract effective date of March 1, 2020. Contracts include: Supplier is able to provide its complete line of Traffic Control Products, Related Products, and Solutions including but not limited to: Intelligent Warning Systems (Solar & Wireless) Products; Parking and ITS Solutions; Work Zone Products; Traffic, Pavement Marking and Striping Products; Delineators and Markers; Signing and Digital Sign Marking; Posts, Poles, and Bases; Streetscape Decorative Products; Parks and Recreation Products; Service and Preventative IWS (Intelligent Warning Solutions), Parking and Door Structures and revenue Control Related Maintenance; Related Products, Solutions and Services; Balance of Line/Comprehensive Product Offering. Term: Initial five-year agreement from March 1, 2020 through February 28, 2025 with the option to renew for five (5) additional one-year periods through February 28, 2030. City Council Agenda Cover Memo Date: Feb. 18, 2025 Section: Public Hearing Item Number: VIII.A. Department: Community Development / Planning Julie Klima / Jeremy Barnhart ITEM DESCRIPTION An amendment to Chapter 11 which corrects inconsistencies from the recent reorganization of the Zoning Code, and clarifies definitions used within. REQUESTED ACTION Move to: • Close the public hearing; and • Move to approve the 1st reading of an ordinance correcting inconsistencies found in Chapter 11, Zoning. SUMMARY In 2023, the City reorganized and reformatted Chapter 11, Zoning. Since then, staff has identified areas where the recodified code was inconsistent with the original source document. Additionally, staff reviewed the definitions used throughout the Zoning Code, and found some definitions that were incompatible between sections. This ordinance corrects those inconsistencies, corrects typographical errors, and relocates or removes definitions scattered within the document. These changes do not represent a change in policy. ATTACHMENTS Ordinance Planning Commission Staff Report Planning Commission Minutes CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. __-2025 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11 AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH AMONG OTHER THINGS CONTAINS PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. City Code Chapter 11, Section 11.02, is amended as follows: A. By inserting the following definitions in their proper alphabetical location: Awning Sign means a sign that is integrated into a roof-like structure projecting over a window, doorway, deck, patio, or storefront. Banners and Pennants means attention-getting devices which resemble flags. Caliper means the length of a straight line measured through the trunk of a tree twelve (12) inches above the base. Canopy and Marquee mean a roof-like structure projecting over the entrance to a building. City Entry Monument Sign means a monument sign, including associated decorative elements, erected by the City to denote entrances into the City. Clear Cutting means removal of all existing significant natural vegetation on a particular piece of property. Commercial Speech means speech or graphics advertising a business, profession, commodity, service, or entertainment. Coniferous Tree means a woody plant which, at maturity, is at least thirty (30) feet or more in height, with a single trunk, fully branched to the ground, having foliage on the outermost portion of the branches year round. Deciduous Overstory Shade Tree means a woody plant which, at maturity, is thirty (30) feet or more in height, with a single trunk, unbranched for several feet above the ground, having a defined crown, and which loses leaves annually. Deciduous Understory Ornamental Tree means a woody plant which, at maturity, is less than thirty (30) feet in height, with a single trunk, unbranched for several feet above the ground, having a defined crown, and which loses leaves annually. Drive-Thru Lane Sign means any sign located along a drive-thru lane. Dynamic Display means a sign or characteristics of a sign that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure itself, or any other component of the sign. This includes a display that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components. This also includes any rotating, revolving, moving, flashing, blinking, or animated display and any display that incorporates rotating panels, LED lights manipulated through digital input, “digital ink” or any other method or technology that allows the sign face to present a series of images or displays. Electric Vehicle (EV) means a passenger motor vehicle for on-road use that is powered by an electric motor drawing current from a building electrical service, EVSE, a rechargeable storage battery, a fuel cell, a photovoltaic array, or another source of electric current. EV includes battery electric vehicles and plug-in hybrid electric vehicles but does not include electric bicycles. Electric Vehicle Charging Station (EVCS) means a designated automobile parking space that has a dedicated connection for charging an electric vehicle using EVSE. Electric Vehicle Supply Equipment (EVSE) means electrical circuitry and equipment dedicated to EV charging including conductors, connectors, attachment accoutrements, personnel protection, power outlets, apparatus, and equipment installed for connecting an electric vehicle to premise wiring for the purposes of charging, power export, or bidirectional current flow. Fence means any partition, structure, wall, or gate erected as a divider marker, barrier, or enclosure, and located along the boundary or within the required yard of a lot. Flag means any fabric or similar lightweight material that is attached at one end of the material, usually to a staff or pole, so as to allow movement of the material by atmospheric changes and that contains distinctive colors, patterns, symbols, insignias, or other symbolic devices. Free-Standing Sign means a pylon or monument sign which is placed in the ground and not affixed to any part of any structure. Illuminated Sign means any sign which is illuminated by an artificial light source. Incidental Sign means an onsite, freestanding sign that is supplemental to the principal use of the site and is orientated for viewing by vehicular and pedestrians onsite. Landscape means site amenities, including trees, shrubs, ground covers, perennial covers, flowers, fencing, berms, retaining walls, and other outdoor furnishings. Mechanical Equipment means heating, ventilation, exhaust, air conditioning, and communication units integral to and located on top of, beside, or adjacent to a building and telecommunications mechanical equipment located on top of, beside, or adjacent to a building. Multi-tenant means structures containing two (2) or more businesses, uses, or occupants. Non-Commercial Speech means dissemination of messages not classified as commercial speech which include, but are not limited to, messages concerning political, religious, social, ideological, public service, and informational topics. Non-Conforming Sign means a sign which lawfully existed immediately prior to the adoption or amendment of Section 11.70, but does not conform to the newly enacted requirements of Section 11.70. Off-Premises Sign means a commercial sign identifying or advertising an establishment, person, activity, goods, products, or services offered at a location not on the same lot where such sign is located. For purposes of this definition, easements and other appurtenances will be considered to be outside such lot and any sign located or proposed to be located on an easement or other appurtenance will be considered an off-premises sign. On-Premises Sign means a commercial sign identifying or advertising an establishment, person, activity, goods, products, or services located on the premises where the sign is installed. Owner means, in the case of a lot or parcel, the legal or equitable owner of the lot or parcel as officially recorded with the county, and including fee owners, contract for deed purchasers, and ground lessees. The term “owner” means, in the case of a sign, the owner of the sign, including a lessee. Permanent Sign means any sign which is not a temporary sign. Plant Material Average Size (Coniferous) means the total height of all coniferous trees six (6) feet or over, divided by the total number of such trees. Plant Material Average Size (Shade or Ornamental) means the total diameter of all deciduous overstory trees two and one-half (2½) inches or more in diameter, divided by the total number of trees. Portable Sign means a sign designed to be movable from one (1) location to another which is not permanently attached to the ground or any structure. Projecting Sign means any sign attached to a building, all or part of which extends more than twelve (12) inches over public property, easements, or private pedestrian space, or which extends more than twelve (12) inches beyond the surface of the portion of the building to which it is attached or beyond the building line. Public Art means an original work of art that is a form of non-commercial speech and that is accessible to the public as determined through a City review process. It may include permanent visual art, performances, installations, events and other temporary works, preservation or restoration of unique architectural features, ornamentation or details. It may also include the artist-designed infrastructure and structures themselves. It does not include commercial speech. Public art may possess functional as well as aesthetic qualities and may be integrated into the site or be a discrete work. Retaining Wall means a wall or structure constructed of stone, concrete, wood or other materials, used to retain soil, as a slope transition, or edge of a planting area. Roof Sign means any sign erected upon or projecting above the roof of a structure to which it is affixed, except signs erected below the top (the cap) of a parapet wall. Sandwich Board Sign means a self-supporting, A-shaped, freestanding temporary sign with two (2) visible sides that is situated adjacent to a business, typically on a sidewalk. Screening means a barrier which blocks views from public roads and adjacent differing land uses to off-street parking areas, loading areas, service and utility areas, and mechanical equipment. Shielded Light Source means a light source for which all light elements will be diffused or directed to eliminate glare and housed to prevent damage or danger. Sign means any letter, word, symbol, device, poster, picture, reading matter, or representation in the nature of advertisement, announcement, message, or visual communication, whether painted, posted, printed, affixed, or constructed, including all associated brackets, braces, supports, wires, and structures that is displayed for informational or communicative purposes. Sign Area means that area that is included within the smallest shape which can be made to circumscribe the sign. The maximum sign area for a free-standing sign refers to a single face and does not include vertical structural members below the sign face or the sign base. Sign Base means any supportive structure below or surrounding the sign area that is located on the ground. Street Frontage means the portion of a lot or parcel of land abutting one (1) or more streets. Temporary Sign means a sign that is erected or displayed for a limited period of time. Traffic Sign means a sign that is erected by a governmental unit for the purpose of regulating, directing, or guiding traffic. Wall Area means the area of a wall of a building and is computed by multiplying the distance from the floor to the roof times the visible continuous width including windows and doors of the space occupied by the sign owner. Wall Sign means any sign that is affixed flat to a wall of any building. Window Sign means any sign designed to communicate information about an activity, business, commodity, event, sale, or service that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window. Yard Sign means any sign that is made of lightweight materials, such as cardboard, vinyl, or plastic pressboard, which are supported by a frame, pole or other structure and placed directly in the ground. B. By deleting the definition of “Court” in its entirety. C. By deleting the phrase “(excluding servants)” from the definition of “Family”. Section 2. City Code Chapter 11, Section 11.03 is amended to add the following language immediately after the table: The location and boundaries of the districts established in this ordinance are set forth on the zoning map entitled “Zoning Map of the City of Eden Prairie” and the legal description of the land in each District and the zoning map are on file and open to the public inspection in the office of the City Manager. In case of discrepancy between legal description and zoning map, the legal description will prevail. For ease of reference ordinances changing District zoning between November 6, 1969 and April 3, 1984, are set forth in City Code Chapter 25. Section 3. City Code Chapter 11, Section 11.08, Subdivision 1, is deleted in its entirety and replaced with the following: Subd. 1. Fences. Fences may be installed as regulated by City Code Section 9.76. Section 4. City Code Chapter 11, Section 11.10, Subdivision 3, Subsection A is amended in the “Minimum Lot Width at Right-of-Way Line” row in the table by deleting “300” in the second column and replacing it with “100”. Section 5. City Code Chapter 11, Section 11.25 is amended as follows: A. In Subdivision 3, Subsection A, by deleting the last four rows of the table in their entirety (relating to Minimum Zone Area, Maximum Zone Area, Floor Area Primary Use and Maximum Total Floor Area). B. By renumbering the second Subdivision 14 (Floodplain) as Subdivision 15. Section 6. City Code Chapter 11, Section 11.27, Subdivision 18, is amended to correct the spelling of “Subdivisin” at the end of the sentence by replacing it with “Subdivision”. Section 7. City Code Chapter 11, Section 11.28, Subdivision 3, Subsection B, is amended in the table by deleting “Rural” in the second column of the first row and replacing it with “Airport Commercial (A-C)”. Section 8. City Code Chapter 11, Section 11.29, Subdivision 3, Subsection B, is amended in the table by deleting “Rural” in the second column of the first row and replacing it with “Airport Office (A-OFC)”. Section 9. City Code Chapter 11, Section 11.36, Subdivision 3, Subsection B is amended in the table by deleting “Public” in the second column of the first row and replacing it with “Golf Course”. Section 10. City Code Chapter 11, Section 11.37, Subdivision 6, Subsection C, is amended in the table by deleting “Public” in the second column of the first row and replacing it with “Parks and Open Space”. Section 11. City Code Chapter 11, Section 11.38, Subdivision 2, is amended in the definition of “Structure” to delete “Section 11.05” and replace it with “Section 11.38”. Section 12. City Code Chapter 11, Section 11.39, Subdivision 3, Subsection B, is amended by deleting “the following residentially zoned locations” and replacing it with “properties used as the following”. Section 13. City Code Chapter 11, Section 11.42 is amended as follows: A. In Subdivision 2, by deleting the subdivision in its entirety and replacing it with “Subd. 2. Reserved.” B. In Subdivision 4, by inserting the following sentence after the first sentence: The security must be in the form of a standby letter of credit from a financial institution that is insured by the FDIC, or an escrow fund with sufficient capital approved by the City Manager, which is conditioned upon complete and satisfactory implementation of an approved landscape plan and which names the City as obligee or payee as applicable. Section 14. City Code Chapter 11, Section 11.43, Subdivision 3, Subsection F, is amended by adding the following new Item 4: 4. An electric vehicle charging station counts as one (1) space towards parking minimums in all districts. Electric vehicle supply equipment is exempt from setbacks. Section 15. City Code Chapter 11, Section 11.44, Subdivision 5, is amended by adding the following new Subsections E and F: E. Duration. No temporary outdoor sales event may last longer than four (4) days, including set-up and take-down. F. Frequency. No parcel may be issued more than four (4) temporary outdoor sales event permits per calendar year. Section 16. City Code Chapter 11, Section 11.46, is amended as follows: A. In Subdivision 3, in the title of the subdivision, by deleting the first instance of the word “and”. B. In Subdivision 3, Subsection A, by deleting the first instance of the word “and”. Section 17. City Code Chapter 11, Section 11.51, Subdivision 3, is amended in the definitions of “City Engineer” and “Environmental Coordinator” by deleting “his/her” and replace it with “their” in both definitions. Section 18. City Code Chapter 11, Section 11.70 is amended as follows: A. In Subdivision 3, by deleting the subdivision in its entirety and replacing it with “Subd. 3. Reserved.” B. In Subdivision 4, by adding a new Subsection U at the end of the subdivision that reads as follows: U. For the purposes of this section, “height” means the distance between the uppermost portion of the sign and the average natural grade of the ground immediately below the sign. Section 19. City Code Chapter 11, Section 11.77, is amended as follows: A. In Subdivision 1, by deleting the phrase “a zoning certificate is required” and replacing it with the phrase “a zoning certificate may be required”. B. In Subdivision 2, by deleting the subdivision in its entirety and replacing with “Subd. 2. Reserved.” Section 20. 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 21. This ordinance will 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 ___ day of _________________, 2025, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the _____ day of _______________, 2025. ______________________________ _______________________________ David Teigland City Clerk Ronald A. Case, Mayor Published in the Sun Sailor on the ____ day of ______________, 2025. Planning Commission Agenda Staff Report Date: January 27, 2025 Subject: Code Amendment – Chapter 11 From: Jeremy Barnhart, City Planner ITEM DESCRIPTION This amendment corrects certain errors identified in Chapter 11, removes certain regulation not applicable, and consolidates the definitions found in Chapter 11. The amendment corrects confusion and conflict resulting in increased user clarity. REQUESTED ACTIONS • Approve the amendment to Chapter 11 (zoning code), as drafted. BACKGROUND In 2023, the City reorganized and reformatted the zoning code, with the goal to be more user friendly for residents, contractors, developers, and staff, while simplifying navigation and reducing confusion for the user. In the use of the code over the last year, staff identified inaccuracies in the final ordinance; typographical errors, misapplied labels, and inadvertent deletion of words or sentences. Additionally, city staff reviewed the existing definitions scattered throughout the zoning chapter, and consolidated them in one location as appropriate for clarity and ease of use. This amendment does not represent a shift in policy. The attached draft ordinance, reviewed by the City Attorney, provides further detail of the changes. STAFF RECOMMENDATION Staff recommends approval of the draft ordinance as presented. APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, JANUARY 27, 2025 7:00 PM—CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Frank Sherwood, Andrew Pieper, Ed Farr, Trisha Duncan, Robert Taylor, Dan Grote, Charles Weber; Phou Sivilay CITY STAFF: Jeremy Barnhart, City Planner; Carter Schulze, City Engineer; Matt Bourne, Manager of Parks and Natural Resources; 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 member Grote was absent. III. APPROVAL OF AGENDA MOTION: Taylor moved, seconded by Weber to approve the agenda. MOTION CARRIED 8-0. IV. MINUTES MOTION: Kirk moved, seconded by Taylor to approve the minutes of January 13, 2025. MOTION CARRIED 8-0. V. PUBLIC HEARINGS A. VARIANCE #2025-01BOA - 8107 EDEN PRAIRIE ROAD Barnhart displayed a PowerPoint and explained the application. This was a request to increase the impervious surface to 39 percent for the subject property in the Shoreland Overlay Zoning District, nine percent over the City Code limit (30 percent) to add additional parking stalls at the Smith Douglas More House (Smith Coffee). The Shoreland Overlay Zoning District included properties within 1,000 feet of the shoreline of a lake or river, creek, etc. The property was already at 36.8 percent impervious surface coverage; this would be a modest expansion. Barnhart PLANNING COMMISSION MINUTES January 27, 2025 Page 2 displayed an overhead aerial photograph and a rendering showing the sustainable features, which would not be affected. A large cedar tree would be removed for two parking stalls, and a parking island would be paved and made into two stalls. Another area near the front entryway would be converted into two parking stalls. The project would be accomplished in phases over the next few years. Barnhart showed and explained the new additional six parking stalls and the onloading/offloading ramp. There was a historical interpretive panel that would be relocated. The tree located in the island to be paved would be replanted, and additional landscaping could be added to compensate for the tree that would be removed. The property was in the shoreland due to its proximity to Mitchell Lake, but the site actually drains to Red Rock Lake. Staff recommended approval. Pieper asked if a variance had been pursued for the existing 36.8 percent impervious surface, and Barnhart replied staff had not found evidence of one. This was a legal nonconforming property. Taylor asked for and received confirmation a light pole in the center of the parking lot had been discussed, but it was not now being discussed. Farr noted there might be a motive to change the definition of a shoreland buffer that would exempt properties like this, since they did not drain to the district lake. Barnhart replied these regulations came from the DNR (Department of Natural Resources). Duncan asked for and received confirmation the timeline would encompass an immediate start in spring but spread over years as the budget allowed. Some changes could hypothetically never occur. Brian Lubben, resident at 16379 Gloria Lane, one block south of the coffee shop, stated he was a two-year resident and praised the coffee shop as an asset to the community. He urged the commission to approve this measure. MOTION: Taylor moved, seconded by Sherwood to close the public hearing. Motion carried 8-0. Kirk agreed with Mr. Lubben, stating this was an obvious solution with no downside. MOTION: Duncan moved, seconded by Farr to recommend approval of the as represented in the January 273, 2025, staff report. Motion carried 8-0. AMENDMENT TO CHAPTER 11 (2024-03CA) Barnhart explained some years ago the City reorganized Chapter 11, and in so doing, some codification errors were identified. This ordinance corrected some PLANNING COMMISSION MINUTES January 27, 2025 Page 3 items that were missed. These were housekeeping items and did not represent a change in policy or philosophy (missed paragraphs, misapplied labels, spelling errors, et cetera). Staff recommended approval as drafted. Weber asked for and received confirmation the new definitions were being relocated from the existing City Code, but not necessarily from Chapter 11, and therefore a public hearing from the Planning Commission was not required for their removal in the first place. MOTION: Kirk moved, seconded by Duncan to close the public hearing. Motion carried 8-0. MOTION: Taylor moved, seconded by Weber to recommend approval of the change to Chapter 11as represented in the January 27, 2025 staff report. Motion carried 8-0. PLANNERS’ REPORT MEMBERS’ REPORTS Barnhart announced the February 10, 2025 meeting would have another variance and a Code Amendment change. VI. ADJOURNMENT MOTION: Sherwood moved, seconded by Weber to adjourn. Motion carried 8-0. The meeting was adjourned at 7:19 p.m. City Council Agenda Cover Memo Date: Section: Feb. 18, 2025 Payment of Claims Item Number: IX. Department: Administration / Finance ITEM DESCRIPTION Payment of Claims REQUESTED ACTION Move to approve the payment of claims as submitted (roll call vote). SUMMARY Checks 315337 – 315706 Wire Transfers 11080 – 11134 PCard 11080 ATTACHMENTS Check Register Check Summary City of Eden Prairie Council Check Summary 2/18/2025 Division Amount Division Amount 0 General Total 56,352 304 Senior Board Total 121 100 City Manager Total 4,050 315 Economic Development Total 108,775 101 Legislative Total 54,482 445 Cable PEG Total 125 102 Legal Counsel Total 349 502 Park Development Total 881 110 City Clerk Total 11,503 509 CIP Fund Total 38,359 111 Customer Service Total 1,264 541 Dell Rd (Crestwood to CSAH 61) Total 44,700 112 Human Resources Total 63 543 Police Remodel Total 21,676 113 Communications Total 115 804 100 Year History Total 139 114 Benefits & Training Total 2,857 Total Capital Projects Fund 214,776 131 Finance Total 548 136 Public Safety Communications Total 4,686 601 Prairie Village Liquor Total 142,431 137 Economic Development Total 5,385 602 Den Road Liquor Total 242,313 138 Community Development Admin. Total 192 603 Prairie View Liquor Total 154,585 151 Park Maintenance Total 18,171 605 Den Road Building Total 3,910 153 Organized Athletics Total 2,025 701 Water Enterprise Fund Total 219,031 154 Community Center Total 31,527 702 Wastewater Enterprise Fund Total 411,166 156 Youth Programs Total 4,458 703 Stormwater Enterprise Fund Total 10,253 157 Special Events Total 1,200 Total Enterprise Fund 1,183,688 158 Senior Center Total 4,656 159 Recreation Administration Total 3,690 802 494 Commuter Services Total 34,588 160 Therapeutic Recreation Total 433 807 Benefits Fund Total 1,147,682 162 Arts Total 6,385 809 Investment Fund Total 4,825 163 Outdoor Center Total 1,971 811 Property Insurance Total 25,000 168 Art Center Total 3,913 812 Fleet Internal Service Total 98,757 180 Police Sworn Total 19,900 813 IT Internal Service Total 155,828 184 Fire Total 33,800 814 Facilities Capital ISF Total 4,206 186 Inspections Total 6,529 815 Facilities Operating ISF Total 60,492 200 Engineering Total 2,111 816 Facilities City Center ISF Total 95,551 201 Street Maintenance Total 5,428 817 Facilities Comm. Center ISF Total 92,062 202 Street Lighting Total 81,970 818 Dental Insurance Total 19,862 Total General Fund 370,011 Total Internal Svc/Agency Funds 1,738,852 301 CDBG Total 5,651 Report Total 3,533,827 321 Opioid Settlement Total 20,849 Total Special Revenue Fund 26,500 City of Eden Prairie Council Check Register 2/18/2025 Vendor Name Account Description Business Unit Amount CommentsHEALTHPARTNERSMedical/Dental Premiums Health and Benefits 410,807 Premiums Feb 2025 METROPOLITAN COUNCIL MCES User Fee Wastewater Collection 396,352 Wastewater Svc Fee March 2025 UKG INC Taxes Withheld Health and Benefits 342,106 Payroll Taxes PR Ending 01.24.25 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits 244,176 PERA Ending 01.10.25 MINNESOTA DEPT OF REVENUE Sales Tax Payable Various Funds 178,821 Sales Tax Dec 2024 WEST HENNEPIN AFFORDABLE HOUSING LAND TR OCS - Other Contracted Services Economic Development Fund 80,000 XCEL ENERGY Electric Various Funds 77,427 USB-PURCHASING CARD Various Various Funds 74,852 ESRI Software Maintenance IT Operating 55,867 MN DNR ECOLOGICAL AND WATER RESOURCES Licenses, Taxes, Fees Utility Operations - General 52,021 SOUTH METRO PUBLIC SAFETY TRAINING FACIL OCS - Other Contracted Services Public Safety Training Facility 48,721 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Liquor Funds 48,298 WSB & ASSOCIATES INC Design & Engineering Dell Rd (Crestwood to CSAH 61)44,700 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Liquor Funds 42,062 I-494 CORRIDOR COMMISSION TREASURER Dues City Council 37,468 GUARDIAN FLEET SAFETY LLC Autos Fleet - Police 35,988 EXCEL LAWN & LANDSCAPE OCS - Snow Removal Various Funds 34,335 EMPOWER Deferred Compensation Health and Benefits 33,639 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 30,198 XCEL ENERGY Electric Various Funds 29,571 FLEETIO Software Maintenance IT Operating 26,514 DIVERSE BUILDING MAINTENANCE Janitor Services Various Funds 26,366 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Liquor Funds 25,477 LEAGUE MN CITIES INS TRUST Insurance Property Insurance 25,000 DIVERSE BUILDING MAINTENANCE Janitor Services Various Funds 24,397 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Liquor Funds 24,218 HENNEPIN COUNTY TREASURER OCS - Other Contracted Services Opioid Settlement 23,549 BKV GROUP OCS - Other Contracted Services Police Remodel 21,676 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Liquor Funds 21,130 TOTAL MECHANICAL SERVICES R&M Supplies - HVAC General Community Center 19,999 WINDSOR PLAZA LLC TIF Payment TIF - Town Center-Windsor Plaza 19,309 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Liquor Funds 19,262 WEX Health Savings Account Health and Benefits 19,121 WEX Health Savings Account Health and Benefits 18,710 GRI EDEN PRAIRIE, LLC Rent Prairie Village Liquor Store 18,412 PRECISION UTILITIES OCS - Equipment / Vehicles Water Distribution 17,920 NCR PAYMENT SOLUTIONS,PA, LLC Credit Card / Bank Fees Liquor Funds 17,856 PRAIRIEVIEW RETAIL LLC Rent Prairie View Liquor Store 17,055 PAYCHEX Wages & Benefits 494 Corridor Commission 16,953 AMERICAN LIBERTY CONSTRUCTION, INC Improvement Contracts Water Capital 16,806 TYLER TECHNOLOGIES INC Software Maintenance IT Operating 16,427 GRAYMONT Chemicals Water Treatment 16,359 TENNANT SALES AND SERVICE CO.Machinery & Equipment Fleet Operating 15,814 CIVICPLUS LLC Software Maintenance IT Operating 15,470 CARD CONNECT Credit Card / Bank Fees Various Funds 14,945 CHASE Credit Card / Bank Fees Various Funds 14,493 METRO CITIES Dues & Subscriptions City Council 14,181 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Liquor Funds 13,838 HAWKINS INC Chemicals Water Treatment 13,680 HACH COMPANY Operating Supplies Water Treatment 13,492 BADGER METER Telephone Water Metering 12,886 CHASE Credit Card / Bank Fees Various Funds 12,084 CENTERPOINT ENERGY Gas Various Funds 11,848 PROP Deposits Liquor Funds 11,593 NOVOTX LLC Software Maintenance IT Operating 11,593 Vendor Name Account Description Business Unit Amount CommentsBREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Liquor Funds 11,269 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Liquor Funds 11,169 INTECH SOFTWARE SOLUTIONS INC Dues & Subscriptions Elections 10,938 PRECISION UTILITIES OCS - Equipment / Vehicles Water Distribution 10,910 MINNESOTA LIFE INSURANCE COMPANY Life Insurance Health and Benefits 10,792 CAPITOL BEVERAGE SALES LP Liquor Product Received Liquor Funds 10,371 CAPITOL BEVERAGE SALES LP Liquor Product Received Liquor Funds 10,216 EMBEDDED SYSTEMS INC OCS - Equipment / Vehicles Emergency Management 10,194 WEX 10,000 PHILLIPS WINE AND SPIRITS INC 9,864 VAN PAPER COMPANY 9,792 WALL TRENDS INC 9,540 METERING & TECHNOLOGY SOLUTIONS 8,953 INTEREUM INC 8,836 HENNEPIN COUNTY TREASURER 8,355 INTEGRITY REMODELING & DESIGN GROUP LLC 8,180 GRAYMONT 8,069 BEAUDRY OIL & PROPANE 7,754 BITUMINOUS ROADWAYS INC 7,582 BPAS 7,420 STANTEC CONSULTING SERVICES INC 7,392 HEALTHPARTNERS 6,852 ARTISAN BEER COMPANY 6,657 ALTERNATIVE BUSINESS FURNITURE INC 6,214 DYNAMIC IMAGING SYSTEMS INC 6,184 ZOHO CORP 5,685 SENIOR COMMUNITY SERVICES 5,651 AMERICAN ENVIRONMENTAL LLC 5,600 HEALTHPARTNERS 5,557 HEALTHPARTNERS 5,506 CLEAR RIVER BEVERAGE CO 5,179 HAWKINS INC 5,091 MADISON NATIONAL LIFE INSURANCE CO INC 5,017 INTERTECH INC 5,012 HENNEPIN COUNTY 5,000 ARTISAN BEER COMPANY 4,963 PAUSTIS & SONS COMPANY 4,953 CORE & MAIN 4,856 PFM ASSET MANAGEMENT LLC 4,825 HORIZON COMMERCIAL POOL SUPPLY 4,784 GENUINE PARTS COMPANY 4,709 CASTRO CLEANING LLC 4,600 EMERGENCY TECHNICAL DECON 4,431 EAGLE WINDOW DISTRIBUTING CO. OF MN 4,206 FOREST SAFETY INSTRUCTION 4,200 METROPOLITAN MECHANICAL CONTRACTORS 4,156 METROPOLITAN FORD 4,035 MESSERLI & KRAMER 4,000 SOCCER SHOTS 3,968 T-MOBILE 3,963 STREICHERS 3,918 TOLL GAS AND WELDING SUPPLY 3,882 TWP ARCHITECTS 3,870 TOLL GAS AND WELDING SUPPLY 3,863 MINNESOTA VALLEY ELECTRIC COOPERATIVE 3,840 Symetra Life Insurance Company 3,728 DAIKIN APPLIED 3,711 METRO SALES INCORPORATED*3,688 HOHENSTEINS INC 3,659 Vendor Name Account Description Business Unit Amount CommentsSYMBOLARTS3,517 BELLBOY CORPORATION 3,339 LOCKRIDGE GRINDAL NAUEN PLLP 3,333 FIRST DUE 3,318 ASPEN EQUIPMENT CO.3,311 EMERGENCY AUTOMOTIVE TECHNOLOGIES INC 3,280 BELLBOY CORPORATION 3,053 PRAIRIE ELECTRIC COMPANY 3,001 SUPERIOR SWIM TIMING LLC 2,975 GREAT LAKES COCA-COLA DISTRIBUTION 2,963 TWIN CITY HARDWARE 2,755 VINOCOPIA 2,734 R & R SPECIALTIES OF WISCONSIN INC 2,694 WM MUELLER AND SONS INC 2,687 NORTHWESTERN POWER EQUIPMENT CO INC 2,680 BROTHERS FIRE PROTECTION 2,646 PMA FINANCIAL NETWORK INC 2,622 LEAGUE MN CITIES INS TRUST WC 2,544 HOHENSTEINS INC 2,448 CENTERPOINT ENERGY 2,439 MODIST BREWING COMPANY 2,434 PERA 2,422 WILSON BIOCHAR LLC 2,398 CASE, RON 2,392 CAMFIL USA INC 2,321 PAUSTIS & SONS COMPANY 2,306 CLAREY'S SAFETY EQUIPMENT 2,212 BOLTON & MENK INC 2,194 HOME DEPOT CREDIT SERVICES 2,166 UNIQUE PAVING MATERIALS 2,157 MINNESOTA DEPARTMENT OF EMPLOYMENT 2,100 HORIZON COMMERCIAL POOL SUPPLY 2,083 WEX 1,980 METRO ELEVATOR 1,938 GRAINGER 1,855 BRYAN ROCK PRODUCTS INC 1,854 DG MINNESOTA CS 2021 LLC 1,807 CEMSTONE PRODUCTS COMPANY 1,762 A CLEAR SOLUTION AUTO GLASS REPAIR 1,722 FIDELITY SECURITY LIFE INSURANCE CO 1,681 GRAINGER 1,660 GUNNAR ELECTRIC CO INC 1,639 STAN MORGAN & ASSOCIATES, INC 1,607 WEX 1,585 SUMMER LAKES BEVERAGE LLC 1,535 BARNUM GATE SERVICES INC 1,530 LYNDALE PLANT SERVICES 1,524 UNMAPPED BREWING CO 1,521 VINOCOPIA 1,510 WINE MERCHANTS INC 1,474 YORKTOWN OFFICES 1,440 CINTAS CORPORATION 1,436 METRO SALES INCORPORATED*1,432 REIKI WITH BAILEE LLC 1,400 ZIEGLER INC 1,399 DEM CON LANDFILL LLC 1,383 MN TRANSPORTATION ALLIANCE 1,316 OLYMPIC HILLS GOLF CLUB 1,283 RED TAIL MULTIFAMILY LAND DEVELOPMENT 1,268 Vendor Name Account Description Business Unit Amount CommentsSNAP-ON INDUSTRIAL 1,257 SAFETY SIGNS 1,250 WEX 1,250 WINE MERCHANTS INC 1,248 PAFFY'S PEST CONTROL 1,232 XIGENT SOLUTIONS LLC 1,229 MENARDS 1,208 KRISS PREMIUM PRODUCTS INC 1,198 PRECISE MRM LLC 1,196 TWIN CITY HARDWARE 1,178 BRIN GLASS SERVICE 1,138 BOUND TREE MEDICAL LLC 1,116 FIRE SAFETY USA INC 1,104 INSIGHT BREWING COMPANY LLC 1,093 BIFFS INC 1,086 BERRY COFFEE COMPANY 1,066 MINNESOTA DEPT OF REVENUE 1,058 NEMARKS ADVISORS, INC 1,050 MEDICINE LAKE TOURS 1,045 MODIST BREWING COMPANY 1,041 SITEONE LANDSCAPE SUPPLY, LLC 1,037 SYSCO WESTERN MINNESOTA 1,031 WINE COMPANY, THE 1,026 LAKE COUNTRY DOOR LLC 1,008 CENTURYLINK 1,004 METROPOLITAN AIRPORTS COMMISSION 1,001 FIREHOUSE GRANTS LLC 1,000 ENERGY SALES INC 995 MACQUEEN EQUIPMENT INC 993 MAVERICK WINE LLC 978 DAKOTA SUPPLY GROUP INC 978 ASPEN EQUIPMENT CO.943 WEX 939 AIRGAS USA LLC 934 INTERNATIONAL UNION OF OPERATING 910 RECYCLE AWAY, LLC 907 ASPEN MILLS 906 FASTENAL COMPANY 892 BMI GENERAL LICENSING 889 SOLUTION BUILDERS 873 ESTRINE, ROBERT 870 THE ADVENT GROUP 870 CUSTOM HOSE TECH 866 DANGEROUS MAN BREWING CO LLC 865 SYSCO WESTERN MINNESOTA 864 BARNUM GATE SERVICES INC 859 PROP - PR 859 HENNEPIN COUNTY FIRE CHIEF ASSOC 850 AIRGAS USA LLC 843 LEXISNEXIS RISK SOLUTIONS FL INC 833 WINEBOW 811 PRINCIPAL FINANCIAL GROUP 803 WATER CONSERVATION SERVICES INC 798 WATER CONSERVATION SERVICES INC 797 PETERSON COUNSELING AND CONSULTING LLC 785 WALL TRENDS INC 785 MEGA BEER 775 RISE RIGHT LLC 750 BOYER TRUCKS 750 Vendor Name Account Description Business Unit Amount CommentsGREAT LAKES COCA-COLA DISTRIBUTION 748 INBOUND BREW CO 706 EDEN PRAIRIE CRIME PREVENTION FUND 698 LUPULIN BREWING COMPANY 677 INSIGHT BREWING COMPANY LLC 655 SHERWIN WILLIAMS CO 649 CLEAR RIVER BEVERAGE CO 635 GARTNER REFRIGERATION & MFG INC 623 PETERSON COUNSELING AND CONSULTING LLC 620 MENARDS 617 EPAM ROTARY FOUNDATION 600 THOMAS E ANDERSON 587 FIRE SAFETY USA INC 583 CENTURYLINK 581 WEX 575 BERGMAN LEDGE LLC 555 WEX 542 WINE COMPANY, THE 538 THE OASIS GROUP 534 DODGE OF BURNSVILLE 534 PETTY CASH 534 MINNESOTA VALLEY ELECTRIC COOPERATIVE 509 BARREL THEORY BEER COMPANY 505 US BANK - CREDIT CARD MERCHANT ONLY 505 GIRARD'S BUSINESS SOLUTIONS INC 492 UKG INC 491 RDO EQUIPMENT CO 490 POWERPLAN 490 DESIGN TREE ENGINEERING & LAND SURVEYING 490 WEX 483 ECM PUBLISHERS INC 473 RUFFRIDGE JOHNSON EQUIPMENT CO INC 463 QUALITY PROPANE 455 MUEHLBAUER, THOMAS G 450 WEX 450 WEX 443 WEX 430 PAFFY'S PEST CONTROL 424 OXYGEN SERVICE COMPANY 424 STEEL TOE BREWING LLC 420 WINEBOW 415 EDEN PRAIRIE SCHOOL 410 DISTRICT 6 407 VESTIS SERVICES LLC 395 KRISS PREMIUM PRODUCTS INC 378 KRISTEN TWITCHELL 376 GREATAMERICA FINANCIAL SVCS 370 WEX 367 SAINT CROIX VINEYARDS, INC.349 ZIEGLER INC 340 ST CROIX LINEN LLC 330 COMCAST 322 LAKE COUNTRY DOOR LLC 320 HIGHWAY 5 BUSINESS CENTER 318 STAPLES ADVANTAGE 315 WEX 314 EDEN PRAIRIE FOUNDATION 311 BAYCOM INC 310 FLEETPRIDE INC 306 Vendor Name Account Description Business Unit Amount CommentsGOPHER STATE ONE-CALL 304 DODGE OF BURNSVILLE 301 DRAG N FLY WIRELESS INC 300 PETTY CASH 300 REACH 300 CLAREY'S SAFETY EQUIPMENT 288 DELTA DENTAL 278 AM CRAFT SPIRITS SALES & MARKETING 276 INVICTUS BREWING CO 267 COMCAST 266 WEX 258 TEE JAY NORTH INC 256 MINNESOTA CHIEFS OF POLICE ASSOC 250 WEX 250 PITNEY BOWES 249 LIBERTY TIRE RECYCLING - MN 238 WEX 237 WILSON FELTMAN 233 BOURGET IMPORTS 231 56 BREWING LLC 230 DANGEROUS MAN BREWING CO LLC 230 CDW GOVERNMENT INC.230 TRANSUNION RISK & ALTERNATIVE DATA 227 FREEZIAC 216 TR ENVIRONMENTAL CONSULTING LLC 210 A TO Z RENTAL CENTER 206 ALLEN'S SERVICE INC 204 LAKE WEST DEVELOPMENT LLC 203 UNITED WAY 200 RED BULL DISTRIBUTING COMPANY INC 198 ROSEMOUNT SAW & TOOL CO 197 TRI STATE BOBCAT INC.193 HEADFLYER BREWING 189 BICKLER, JILL 186 WEX 183 EICHMAN NATHAN 183 RED BULL DISTRIBUTING COMPANY INC 181 56 BREWING LLC 180 HYNEK, EVAN 178 TIMESAVER OFF SITE SECRETARIAL INC 173 INDIGO SIGNWORKS, INC.168 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC 157 FISHER SCIENTIFIC 157 CHANSKI DAN 157 WEX 156 US BANK - PAYMODE 154 ARPIN, TONJA 150 WRIGHT TAMARA 150 OLSEN CHAIN & CABLE 146 CINTAS CORPORATION #470 146 TALKPOINT TECHNOLOGIES INC 142 ECM PUBLISHERS INC 135 WOODEN HILL BREWING COMPANY LLC 131 CAMFIL USA INC 131 NEW FRANCE WINE COMPANY 131 STAPLES ADVANTAGE 128 EDINA, CITY OF 125 WM CORPORATE SERVICES INC 120 WOODEN HILL BREWING COMPANY LLC 119 Vendor Name Account Description Business Unit Amount CommentsLLOYDS CONSTRUCTION 119 SMALL LOT MN 117 WEX 114 JOANNE AMES 114 STERICYCLE INC 114 HANSON JIM 110 SHRED RIGHT 109 CUB FOODS EDEN PRAIRIE 108 GORDHAMER SCOTT 108 REIVA, DANIEL P 104 MAGARET RENIER 104 WEX 103 JOSIE BOYLE 100 CHC CREATING HEALTHIER COMMUNITIES 100 ACME TOOLS 100 RIGID HITCH INCORPORATED 99 VESTIS SERVICES LLC 95 EARL F ANDERSON 90 MUNOZ, MEGAN 90 STEEL TOE BREWING LLC 89 VOLUNTEER FIREFIGHTERS BENEFIT ASSN OF M 84 ST CROIX LINEN LLC 83 PAYCHEX 83 COMCAST 76 VERIZON WIRELESS - VSAT 75 WEX 75 MAHONEY, DEBI 75 GIBBS ELIZABETH 72 WEX 71 STOREY NATE 67 SHAMROCK GROUP, INC - ACE ICE 67 MPX GROUP, THE 65 VIK, LISA 65 MACQUEEN EQUIPMENT INC 62 COMCAST 51 ROCKEY, JOSH 50 COX COMMUNICATIONS 50 FBI - LEEDA 50 CUB FOODS EDEN PRAIRIE 48 AMERICAN RED CROSS 47 ADVANCED GRAPHIX INC 43 CRASSAS TRACIE 42 INBOUND BREW CO 42 JOHANNESON ASHER MARYA 42 WEX 41 PAYA 39 REMMES NICHOLAS 37 BAN-KOE SYSTEMS INC 36 BODELL DEBRA 35 COMCAST 34 WEX 32 VIKING ELECTRIC SUPPLY 26 MINNESOTA AIR INC 26 BROADWAY AWARDS 25 VARITECH INDUSTRIES INC 24 UPS 24 WEX 23 CHRIS CASTLE INC 20 MARTH JENNIFER 20 Vendor Name Account Description Business Unit Amount CommentsMESHBESHER, MARLEE 18 NELSON, ROBIN 15 WEX 12 WEX 12 NCPERS GROUP LIFE INSURANCE 8 NCR PAYMENT SOLUTIONS,PA, LLC 7 JERRY'S ENTERPRISES INC 1 Report Total 3,533,827 City Council Agenda Cover Memo Date: Feb. 18, 2025 Section: Report of the City Manager Item Number: XIII.B.1. Department: Office of the City Manager/Finance Tammy Wilson ITEM DESCRIPTION Resolution Relating to $26,500,000 General Obligation Capital Improvement Plan Bonds, Series 2025A. Authorizing the Issuance, Awarding the Sale, Fixing the Form and Details, Providing for the Execution and Delivery Thereof and the Security Therefor and Levying Ad Valorem Taxes for the Payment Thereof. REQUESTED ACTION Move to: Adopt a resolution relating to $26,500,000 General Obligation Capital Improvement Plan Bonds, Series 2025A. Authorizing the issuance, awarding the sale, fixing the form and details, providing for the execution and delivery thereof and the security therefor and levying ad valorem taxes for the payment hereof. SUMMARY The 2025A bonds will finance the remodel of the existing vacant space on the west side of City building of approximately 73,000 square feet for the police station, which would include enclosed parking for police vehicles and 23,000 square feet for city office/meeting space. ATTACHMENTS Resolution 4929-8988-3665\3 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2025-___ RESOLUTION RELATING TO $[PAR] GENERAL OBLIGATION CAPITAL IMPROVEMENT PLAN BONDS, SERIES 2025A; AUTHORIZING THE ISSUANCE, AWARDING THE SALE, FIXING THE FORM AND DETAILS, PROVIDING FOR THE EXECUTION AND DELIVERY THEREOF AND THE SECURITY THEREFOR AND LEVYING AD VALOREM TAXES FOR THE PAYMENT THEREOF BE IT RESOLVED by the City Council (this “Council”) of the City of Eden Prairie, Minnesota (the “City”), as follows: SECTION 1. AUTHORIZATION AND SALE. 1.01. Authorization. On December 3, 2024, this Council held a public hearing on the adoption of the City’s Capital Improvement Plan (the “Plan”) and the question of issuing General Obligation Capital Improvement Plan Bonds pursuant to Minnesota Statutes, Section 475.521 in an amount not to exceed $26,500,000 for the purpose of financing construction of projects described in the Plan (the “Project”), after notice duly published in the official newspaper of the City as required by said section. No petition requesting a vote on the question of adopting the Plan or issuing the Bonds was filed within 30 days of December 3, 2024. The Bonds are issued pursuant to Minnesota Statutes, Section 475.521 and Chapter 475. The maximum amount of principal and interest due on the Bonds in any year ($[2,019,715]), combined with the maximum debt service on all other obligations issued by the City under Minnesota Statutes, Section 475.521 ($1,249,532), does not exceed 0.16% ($23,013,613) of the estimated market value of all taxable property in the City ($14,383,507,900). 1.02. Sale. The City has retained Ehlers & Associates, Inc. (“Ehlers”), as independent municipal advisors in connection with the sale of the Bonds. Pursuant to Minnesota Statutes, Section 475.60, subdivision 2, paragraph (9), the requirements as to public sale do not apply to the issuance of the Bonds. Pursuant to the Terms of Proposal and the Preliminary Official Statement prepared on behalf of the City by Ehlers, sealed or electronic proposals for the purchase of the Bonds were received at or before the time specified for receipt of proposals. The proposals have been opened and publicly read and considered and the purchase price, interest rates and net interest cost under the terms of each proposal have been determined. The most favorable proposal received is that of [PURCHASER] in [_______, ______] (the “Purchaser”), to purchase the Bonds at a purchase price of $[_________], on the further terms and conditions hereinafter set forth. 1.03. Award. The sale of the Bonds is hereby awarded to the Purchaser, and the Mayor and City Manager are hereby authorized and directed to execute a contract on behalf of the City for the sale of the Bonds in accordance with the notice of sale. The good faith deposit of the Purchaser shall be retained and deposited by the City until the Bonds have been delivered, and shall be deducted from the purchase price paid at settlement. 2 4929-8988-3665\3 SECTION 2. BOND TERMS; REGISTRATION; EXECUTION AND DELIVERY. 2.01. Performance Requirements. All acts, conditions and things which are required by the Constitution and laws of the State of Minnesota (the “State”) to be done, to exist, to happen and to be performed precedent to and in the valid issuance of the Bonds having been done, existing, having happened and having been performed, it is now necessary to establish the form and terms of the Bonds, to provide security therefor and to issue the Bonds forthwith. 2.02. Maturities; Interest Rates; Denominations and Payment. The Bonds shall be originally dated as of the date of issuance thereof, shall be in the denomination of $5,000 each, or any integral multiple thereof, of single maturities, shall mature on February 1 in the years and amounts stated below, and shall bear interest from date of issue until paid or duly called for redemption, at the annual rates set forth opposite such years and amounts, as follows:[to come] Year Amount ($) Rate (%) Year Amount ($) Rate (%) 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 [REVISE MATURITY SCHEDULE FOR ANY TERM BONDS] The Bonds shall be issuable only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof shall be payable by check or draft issued by the Registrar described herein, provided that so long as the Bonds are registered in the name of a securities depository, or a nominee thereof, in accordance with Section 2.08 hereof, principal and interest shall be payable in accordance with the operational arrangements of the securities depository. 2.03. Dates and Interest Payment Dates. Upon initial delivery of the Bonds pursuant to Section 2.07 and upon any subsequent transfer or exchange pursuant to Section 2.06, the date of authentication shall be noted on each Bond so delivered, exchanged or transferred. Interest on the Bonds shall be payable on February 1 and August 1 in each year, commencing February 1, 2026, each such date being referred to herein as an Interest Payment Date, to the persons in whose names the Bonds are registered on the Bond Register, as hereinafter defined, at the Registrar’s close of business on the fifteenth day of the calendar month preceding that in which the Interest Payment Date falls, whether or not such day is a business day. Interest shall be computed on the basis of a 360-day year composed of twelve 30-day months. 3 4929-8988-3665\3 2.04. Redemption. Bonds maturing in 2036 and later years shall be subject to redemption and prepayment at the option of the City, in whole or in part, in such order of maturity dates as the City may select and, within a maturity, by lot as selected by the Registrar (or, if applicable, by the bond depository in accordance with its customary procedures) in integral multiples of $5,000, on February 1, 2035, and on any date thereafter, at a price equal to the principal amount thereof and accrued interest to the date of redemption. The City Manager shall cause notice of the call for redemption thereof to be published if and as required by law, and at least thirty (30) and not more than sixty (60) days prior to the designated redemption date, shall cause notice of call for redemption to be mailed, by first class mail, to the Registrar and registered holders of any Bonds to be redeemed at their addresses as they appear on the Bond Register described in Section 2.06 hereof, provided that notice shall be given to any securities depository in accordance with its operational arrangements. No defect in or failure to give such notice of redemption shall affect the validity of proceedings for the redemption of any Bond not affected by such defect or failure. Official notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified and from and after such date (unless the City shall default in the payment of the redemption price) such Bonds or portions of Bonds shall cease to bear interest. Upon partial redemption of any Bond, a new Bond or Bonds will be delivered to the owner without charge, representing the remaining principal amount outstanding. [TO BE COMPLETED IF THERE ARE TERM BONDS] [Bonds maturing on February 1, 20____ and 20____ (the “Term Bonds”) shall be subject to mandatory redemption prior to maturity pursuant to the sinking fund requirements of this Section 2.04 at a redemption price equal to the stated principal amount thereof plus interest accrued thereon to the redemption date, without premium. The Registrar shall select for redemption, by lot or other manner deemed fair, on February 1 in each of the following years the following stated principal amounts of such Bonds: Year Principal Amount * *Stated Maturity Year Principal Amount * *Stated Maturity Notice of redemption shall be given as provided in the preceding paragraph.] 4 4929-8988-3665\3 2.05. Appointment of Registrar. The City hereby appoints U.S. Bank Trust Company, National Association, St. Paul, Minnesota, as the initial Bond registrar, transfer agent and paying agent (the “Registrar”). The Mayor and City Manager are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company organized under the laws of the United States or one of the states of the United States and authorized by law to conduct such business, such corporation shall be authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar, effective upon not less than thirty days’ written notice and upon the appointment and acceptance of a successor Registrar, in which event the predecessor Registrar shall deliver all cash and Bonds in its possession to the successor Registrar and shall deliver the Bond Register to the successor Registrar. 2.06. Registration. The effect of registration and the rights and duties of the City and the Registrar with respect thereto shall be as follows: (a) Register. The Registrar shall keep at its principal corporate trust office a register (the “Bond Register”) in which the Registrar shall provide for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. The term Holder or Bondholder as used herein shall mean the person (whether a natural person, corporation, association, partnership, trust, governmental unit, or other legal entity) in whose name a Bond is registered in the Bond Register. (b) Transfer of Bonds. Upon surrender for transfer of any Bond duly endorsed by the Holder thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the Holder thereof or by an attorney duly authorized by the Holder in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the first day of the month in which each interest payment date occurs and until such interest payment date. (c) Exchange of Bonds. At the option of the Holder of any Bond in a denomination greater than $5,000, such Bond may be exchanged for other Bonds of authorized denominations, of the same maturity and a like aggregate principal amount, upon surrender of the Bond to be exchanged at the office of the Registrar. Whenever any Bond is so surrendered for exchange the City shall execute and the Registrar shall authenticate and deliver the Bonds which the Bondholder making the exchange is entitled to receive. (d) Cancellation. All Bonds surrendered for payment, transfer or exchange shall be promptly canceled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When any Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that 5 4929-8988-3665\3 the endorsement on such Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar shall incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name any Bond is at any time registered in the Bond Register as the absolute owner of the Bond, whether the Bond shall be overdue or not, for the purpose of receiving payment of or on account of, the principal of and interest on the Bond and for all other purposes; and all payments made to or upon the order of such Holder shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. For every transfer or exchange of Bonds (except for an exchange upon a partial redemption of a Bond), the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to such transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Bonds. In case any Bond shall become mutilated or be destroyed, stolen or lost, the Registrar shall deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Bond or in lieu of and in substitution for any Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it, in which both the City and the Registrar shall be named as obligees. All Bonds so surrendered to the Registrar shall be canceled by it and evidence of such cancellation shall be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it shall not be necessary to issue a new Bond prior to payment. (i) Authenticating Agent. The Registrar is hereby designated authenticating agent for the Bonds, within the meaning of Minnesota Statutes, Section 475.55, Subdivision 1, as amended. (j) Valid Obligations. All Bonds issued upon any transfer or exchange of Bonds shall be the valid obligations of the City, evidencing the same debt, and entitled to the same benefits under this Resolution as the Bonds surrendered upon such transfer or exchange. 2.07. Execution, Authentication and Delivery. The Bonds shall be prepared under the direction of the City Manager and shall be executed on behalf of the City by the signatures of the Mayor and the City Manager, provided that the signatures may be printed, engraved or lithographed facsimiles of the originals. In case any officer whose signature or a facsimile of whose signature shall appear on any Bond shall cease to be such officer before the delivery of such Bond, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the 6 4929-8988-3665\3 same as if such officer had remained in office until the date of delivery of such Bond. Notwithstanding such execution, no Bond shall be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Bond, substantially in the form provided in Section 2.09, has been executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on any Bond shall be conclusive evidence that it has been duly authenticated and delivered under this Resolution. When the Bonds have been prepared, executed and authenticated, the City Manager shall deliver them to the Purchaser upon payment of the purchase price in accordance with the contract of sale theretofore executed, and the Purchaser shall not be obligated to see to the application of the purchase price. 2.08. Securities Depository. (a) For purposes of this section the following terms shall have the following meanings: “Beneficial Owner” shall mean, whenever used with respect to a Bond, the person in whose name such Bond is recorded as the beneficial owner of such Bond by a Participant on the records of such Participant, or such person’s subrogee. “Cede & Co.” shall mean Cede & Co., the nominee of DTC, and any successor nominee of DTC with respect to the Bonds. “DTC” shall mean The Depository Trust Company of New York, New York. “Participant” shall mean any broker-dealer, bank or other financial institution for which DTC holds bonds as securities depository. “Representation Letter” shall mean the Representation Letter pursuant to which the City agrees to comply with DTC’s Operational Arrangements. (b) The Bonds shall be initially issued as separately authenticated fully registered bonds, and one Bond shall be issued in the principal amount of each stated maturity of the Bonds. Upon initial issuance, the ownership of such Bonds shall be registered in the Bond Register in the name of Cede & Co., as nominee of DTC. The Registrar and the City may treat DTC (or its nominee) as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment of the principal of or interest on the Bonds, selecting the Bonds or portions thereof to be redeemed, if any, giving any notice permitted or required to be given to registered owners of Bonds under this resolution, registering the transfer of Bonds, and for all other purposes whatsoever; and neither the Registrar nor the City shall be affected by any notice to the contrary. Neither the Registrar nor the City shall have any responsibility or obligation to any Participant, any person claiming a beneficial ownership interest in the Bonds under or through DTC or any Participant, or any other person which is not shown on the Bond Register as being a registered owner of any Bonds, with respect to the accuracy of any records maintained by DTC or any Participant, with respect to the payment by DTC or any Participant of any amount with respect to the principal of or interest on the Bonds, with respect to any notice 7 4929-8988-3665\3 which is permitted or required to be given to owners of Bonds under this resolution, with respect to the selection by DTC or any Participant of any person to receive payment in the event of a partial redemption of the Bonds, or with respect to any consent given or other action taken by DTC as registered owner of the Bonds. So long as any Bond is registered in the name of Cede & Co., as nominee of DTC, the Registrar shall pay all principal of and interest on such Bond, and shall give all notices with respect to such Bond, only to Cede & Co. in accordance with DTC’s Operational Arrangements, and all such payments shall be valid and effective to fully satisfy and discharge the City’s obligations with respect to the principal of and interest on the Bonds to the extent of the sum or sums so paid. No person other than DTC shall receive an authenticated Bond for each separate stated maturity evidencing the obligation of the City to make payments of principal and interest. Upon delivery by DTC to the Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the Bonds will be transferable to such new nominee in accordance with paragraph (e) hereof. (c) In the event the City determines that it is in the best interest of the Beneficial Owners that they be able to obtain Bonds in the form of physical certificates, the City may notify DTC and the Registrar, whereupon DTC shall notify the Participants of the availability through DTC of Bonds in the form of certificates. In such event, the Bonds will be transferable in accordance with paragraph (e) hereof. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and the Registrar and discharging its responsibilities with respect thereto under applicable law. In such event the Bonds will be transferable in accordance with paragraph (e) hereof. (d) The execution and delivery of the Representation Letter to DTC, if not previously filed with DTC, by the Mayor or City Manager is hereby authorized and directed. (e) In the event that any transfer or exchange of Bonds is permitted under paragraph (b) or (c) hereof, such transfer or exchange shall be accomplished upon receipt by the Registrar of the Bonds to be transferred or exchanged and appropriate instruments of transfer to the permitted transferee in accordance with the provisions of this resolution. In the event Bonds in the form of certificates are issued to owners other than Cede & Co., its successor as nominee for DTC as owner of all the Bonds, or another securities depository as owner of all the Bonds, the provisions of this resolution shall also apply to all matters relating thereto, including, without limitation, the printing of such Bonds in the form of physical certificates and the method of payment of principal of and interest on such Bonds in the form of physical certificates. 2.09. Form of Bonds. The Bonds shall be prepared in substantially the form found at EXHIBIT A hereto. SECTION 3. GENERAL OBLIGATION CAPITAL IMPROVEMENT BONDS, SERIES 2025A CONSTRUCTION FUND. There is hereby created a special bookkeeping fund to be designated as the “General Obligation Capital Improvement Bonds, Series 2025A Construction Fund” (the “Construction Fund”), to be held and administered by the City Manager separate and apart from 8 4929-8988-3665\3 all other funds of the City. The City appropriates to the Construction Fund $[________] from the proceeds of the sale of the Bonds, representing the estimated costs of the Project ($[________]) and costs of issuance of the Bonds ($[_______]). The Construction Fund shall be used solely to defray expenses of the Project, including but not limited to the transfer to the Bond Fund, created in Section 4 hereof, of amounts sufficient for the payment of interest and principal, if any, due upon the Bonds prior to the completion and payment of all costs of the Project and the payment of the expenses incurred by the City in connection with the issuance of the Bonds. Upon completion and payment of all costs of the Project, but in any event no later than March 12, 2028, any balance of the proceeds of Bonds remaining in the Construction Fund may be used to pay the cost, in whole or in part, of any other improvements instituted pursuant to the Act, as directed by the Council, or otherwise duly authorized, but any balance of such proceeds not so used shall be credited and paid to the Bond Fund. SECTION 4. GENERAL OBLIGATION CAPITAL IMPROVEMENT BONDS, SERIES 2025A BOND FUND. So long as any of the Bonds are outstanding and any principal of or interest thereon unpaid, the City Manager shall maintain a separate and special bookkeeping fund designated “General Obligation Capital Improvement Bonds, Series 2025A Bond Fund” (the “Bond Fund”) to be used for no purpose other than the payment of the principal of and interest on the Bonds. The City irrevocably appropriates to the Bond Fund (a) proceeds of the Bonds in the amount of $[_______]; (b) amounts remaining in the Construction Fund after payment of the costs of the Project and costs of issuance, (c) any taxes levied in accordance with this resolution, (d) all income derived from the investment of amounts on hand in the Bond Fund, and (e) all such other moneys as shall be received and appropriated to the Bond Fund from time to time. If the balance in the Bond Fund is at any time insufficient to pay all interest and principal then due on all bonds payable therefrom, the payment shall be made from any fund of the City which is available for that purpose, subject to reimbursement from the Bond Fund when the balance therein is sufficient, and the Council covenants and agrees that it will each year levy a sufficient amount to take care of any accumulated or anticipated deficiency, which levy is not subject to any constitutional or statutory tax limitation. There are hereby established two accounts in the Bond Fund, designated as the “Debt Service Account” and the “Surplus Account.” All money appropriated or to be deposited in the Bond Fund shall be deposited as received into the Debt Service Account. On each February 1, the City Manager shall determine the amount on hand in the Debt Service Account. If such amount is in excess of one-twelfth of the debt service payable from the Bond Fund in the immediately preceding 12 months, the City Manager shall promptly transfer the amount in excess to the Surplus Account. The City appropriates to the Surplus Account any amounts to be transferred thereto from the Debt Service Account as herein provided and all income derived from the investment of amounts on hand in the Surplus Account. If at any time the amount on hand in the Debt Service Account is insufficient to meet the requirements of the Bond Fund, the City Manager shall transfer to the Debt Service Account amounts on hand in the Surplus Account to the extent necessary to cure such deficiency. If the balance in the Bond Fund is at any time insufficient to pay all interest and principal then due on all Bonds payable therefrom, the payment shall be made from any fund of the City which is available for that purpose, subject to reimbursement from the Surplus Account when the balance therein is sufficient, and the City covenants and agrees that it will each year levy a 9 4929-8988-3665\3 sufficient amount of ad valorem taxes to take care of any accumulated or anticipated deficiency, which levy is not subject to any constitutional or statutory limitation. SECTION 5. RESERVED. SECTION 6. PLEDGE OF TAXING POWERS. For the prompt and full payment of the principal of and interest on the Bonds as such payments respectively become due, the full faith, credit and unlimited taxing powers of the City shall be and are hereby irrevocably pledged. In order to produce aggregate amounts which, together with the collections of other amounts as set forth in Section 4, will produce amounts not less than 5% in excess of the amounts needed to meet when due the principal and interest payments on the Bonds, ad valorem taxes are hereby levied on all taxable property in the City, the taxes to be levied and collected in the following years and amounts: Levy Years Collection Years Amount See attached schedules The taxes shall be irrepealable as long as any of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the tax levies from other legally available funds, in accordance with the provisions of Minnesota Statutes, Section 475.61. SECTION 7. DEFEASANCE. When all of the Bonds have been discharged as provided in this Section, all pledges, covenants and other rights granted by this Resolution to the Holders of the Bonds shall cease. The City may discharge its obligations with respect to any Bonds which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full; or, if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued from the due date to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their terms by depositing with the Registrar on or before that date an amount equal to the principal, redemption premium, if any, and interest then due, provided that notice of such redemption has been duly given as provided herein. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with the Registrar or with a bank or trust company qualified by law to act as an escrow agent for this purpose, cash or securities which are authorized by law to be so deposited for such purpose, bearing interest payable at such times and at such rates and maturing or callable at the holder’s option on such dates as shall be required to pay all principal and interest to become due thereon to maturity or, if notice of redemption as herein required has been irrevocably provided for, to an earlier designated redemption date. If such deposit is made more than ninety days before the maturity date or specified redemption date of the Bonds to be discharged, the City must have received a written opinion of Bond Counsel to the effect that such deposit does not adversely affect the exemption of interest on any Bonds from federal income taxation and a written report of an accountant or investment banking firm verifying that the deposit is sufficient to pay when due all 10 4929-8988-3665\3 of the principal and interest on the Bonds to be discharged on and before their maturity dates or earlier designated redemption date. SECTION 8. TAX COVENANTS; ARBITRAGE MATTERS AND CONTINUING DISCLOSURE. 8.01. General Tax Covenant. The City agrees with the registered owners from time to time of the Bonds that it will not take, or permit to be taken by any of its officers, employees or agents, any action that would cause interest on the Bonds to become includable in gross income of the recipient under the Internal Revenue Code of 1986, as amended (the “Code”) and applicable Treasury Regulations (the “Regulations”), and agrees to take any and all actions within its powers to ensure that the interest on the Bonds will not become includable in gross income of the recipient under the Code and the Regulations. All proceeds of the Bonds deposited in the Construction Fund will be expended solely for the payment of the costs of the Project. The Project is and will be owned and maintained by the City and available for use by members of the general public on a substantially equal basis. The City shall not enter into any lease, management contract, use agreement, capacity agreement or other agreement with any non-governmental person relating to the use of the Project, or any portion thereof, or security for the payment of the Bonds which might cause the Bonds to be considered “private activity bonds” or “private loan bonds” pursuant to Section 141 of the Code. 8.02. Arbitrage Certification. The Mayor and City Manager being the officers of the City charged with the responsibility for issuing the Bonds pursuant to this Resolution, are authorized and directed to execute and deliver to the Purchaser a certificate in accordance with Section 148 of the Code, and applicable Regulations, stating the facts, estimates and circumstances in existence on the date of issue and delivery of the Bonds which make it reasonable to expect that the proceeds of the Bonds will not be used in a manner that would cause the Bonds to be “arbitrage bonds” within the meaning of the Code and Regulations. 8.03. Arbitrage Rebate. The City acknowledges that the Bonds may be subject to the rebate requirements of Section 148(f) of the Code. The City covenants and agrees to retain such records, make such determinations, file such reports and documents and pay such amounts at such times as are required under said Section 148(f) and applicable Regulations to preserve the exclusion of interest on the Bonds from gross income for federal income tax purposes, unless the Bonds qualify for an exception from the rebate requirement pursuant to one of the spending exceptions set forth in Section 1.148-7 of the Regulations and no “gross proceeds” of the Bonds (other than amounts constituting a “bona fide debt service fund”) arise during or after the expenditure of the original proceeds thereof. 8.04. Not Qualified Tax-Exempt Obligations. The Bonds are not designated as “qualified tax-exempt obligations” for purposes of Section 265(b)(3) of the Code. 8.05. Reimbursement. The City certifies that the proceeds of the Bonds will not be used by the City to reimburse itself for any expenditure with respect to the Project which the City paid or will have paid more than 60 days prior to the issuance of the Bonds unless, with respect to such prior expenditures, the City shall have made a declaration of official intent which complies with the provisions of Section 1.150-2 of the Regulations, provided that this certification shall not apply 11 4929-8988-3665\3 (i) with respect to certain de minimis expenditures, if any, with respect to the Project meeting the requirements of Section 1.150-2(f)(1) of the Regulations, or (ii) with respect to “preliminary expenditures” for the Project as defined in Section 1.150-2(f)(2) of the Regulations, including engineering or architectural expenses and similar preparatory expenses, which in the aggregate do not exceed 20% of the “issue price” of the Bonds. 8.06. Continuing Disclosure. (a) Purpose and Beneficiaries. To provide for the public availability of certain information relating to the Bonds and the security therefor and to permit the Purchaser and other participating underwriters in the primary offering of the Bonds to comply with amendments to Rule 15c2-12 promulgated by the SEC under the Securities Exchange Act of 1934 (17 C.F.R. § 240.15c2-12), relating to continuing disclosure (as in effect and interpreted from time to time, the Rule), which will enhance the marketability of the Bonds, the City hereby makes the following covenants and agreements for the benefit of the Owners (as hereinafter defined) from time to time of the Outstanding Bonds. The City is the only obligated person in respect of the Bonds within the meaning of the Rule for purposes of identifying the entities in respect of which continuing disclosure must be made. If the City fails to comply with any provisions of this section, any person aggrieved thereby, including the Owners of any Outstanding Bonds, may take whatever action at law or in equity may appear necessary or appropriate to enforce performance and observance of any agreement or covenant contained in this section, including an action for a writ of mandamus or specific performance. Direct, indirect, consequential and punitive damages shall not be recoverable for any default hereunder to the extent permitted by law. Notwithstanding anything to the contrary contained herein, in no event shall a default under this section constitute a default under the Bonds or under any other provision of this resolution. As used in this section, Owner or Bondowner means, in respect of a Bond, the registered owner or owners thereof appearing in the bond register maintained by the Registrar or any Beneficial Owner (as hereinafter defined) thereof, if such Beneficial Owner provides to the Registrar evidence of such beneficial ownership in form and substance reasonably satisfactory to the Registrar. As used herein, Beneficial Owner means, in respect of a Bond, any person or entity which (i) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, such Bond (including persons or entities holding Bonds through nominees, depositories or other intermediaries), or (ii) is treated as the owner of the Bond for federal income tax purposes. (b) Information To Be Disclosed. The City will provide, in the manner set forth in subsection (c) hereof, either directly or indirectly through an agent designated by the City, the following information at the following times: (1) on or before twelve (12) months after the end of each fiscal year of the City, commencing with the fiscal year ending December 31, 2024, the following financial information and operating data in respect of the City (the “Disclosure Information”): (A) the audited financial statements of the City for such fiscal year, prepared in accordance with the governmental accounting standards promulgated by the Governmental Accounting Standards Board or as otherwise provided under Minnesota law, as in effect from time to time, or, if and to the extent such financial statements have not been prepared in accordance with such generally accepted accounting principles for reasons beyond the reasonable 12 4929-8988-3665\3 control of the City, noting the discrepancies therefrom and the effect thereof, and certified as to accuracy and completeness in all material respects by the fiscal officer of the City; and (B) to the extent not included in the financial statements referred to in paragraph (A) hereof, the information for such fiscal year or for the period most recently available of the type contained in the Official Statement under headings: “VALUATIONS – Current Property Valuations”; “DEBT – Direct Debt”; “TAX RATES, LEVIES AND COLLECTIONS – Tax Levies and Collections”; “GENERAL INFORMATION – U.S. Census Data – Population Trend”; and “– Employment/Unemployment Data,” which information may be unaudited. Notwithstanding the foregoing paragraph, if the audited financial statements are not available by the date specified, the City shall provide on or before such date unaudited financial statements in the format required for the audited financial statements as part of the Disclosure Information and, within 10 days after the receipt thereof, the City shall provide the audited financial statements. Any or all of the Disclosure Information may be incorporated by reference, if it is updated as required hereby, from other documents, including official statements, which have been submitted to the Municipal Securities Rulemaking Board (“MSRB”) through its Electronic Municipal Market Access System (“EMMA”) or to the SEC. The City shall clearly identify in the Disclosure Information each document so incorporated by reference. If any part of the Disclosure Information can no longer be generated because the operations of the City have materially changed or been discontinued, such Disclosure Information need no longer be provided if the City includes in the Disclosure Information a statement to such effect; provided, however, if such operations have been replaced by other City operations in respect of which data is not included in the Disclosure Information and the City determines that certain specified data regarding such replacement operations would be a Material Fact (as defined in paragraph (2) hereof), then, from and after such determination, the Disclosure Information shall include such additional specified data regarding the replacement operations. If the Disclosure Information is changed or this section is amended as permitted by this paragraph (b)(1) or subsection (d), then the City shall include in the next Disclosure Information to be delivered hereunder, to the extent necessary, an explanation of the reasons for the amendment and the effect of any change in the type of financial information or operating data provided. (2) In a timely manner not in excess of ten business days after the occurrence of the event, notice of the occurrence of any of the following events (each a “Material Fact”): (A) Principal and interest payment delinquencies; (B) Non-payment related defaults, if material; (C) Unscheduled draws on debt service reserves reflecting financial difficulties; (D) Unscheduled draws on credit enhancements reflecting financial difficulties; (E) Substitution of credit or liquidity providers, or their failure to perform; (F) Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue 13 4929-8988-3665\3 (IRS Form 5701-TEB) or other material notices or determinations with respect to the tax status of the security, or other material events affecting the tax status of the security; (G) Modifications to rights of security holders, if material; (H) Bond calls, if material, and tender offers; (I) Defeasances; (J) Release, substitution, or sale of property securing repayment of the securities, if material; (K) Rating changes; (L) Bankruptcy, insolvency, receivership or similar event of the obligated person; (M) The consummation of a merger, consolidation, or acquisition involving an obligated person or the sale of all or substantially all of the assets of the obligated person, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; and (N) Appointment of a successor or additional trustee or the change of name of a trustee, if material; (O) Incurrence of a financial obligation of the obligated person, if material, or agreement to covenants, events of default, remedies, priority rights, or other similar terms of a financial obligation of the obligated person, any of which affect security holders, if material; and (P) Default, event of acceleration, termination event, modification of terms, or other similar events under the terms of a financial obligation of the obligated person, any of which reflect financial difficulties. For purposes of the events identified in paragraphs (O) and (P) above, the term “financial obligation” means (i) a debt obligation; (ii) a derivative instrument entered into in connection with, or pledged as security or a source of payment for, an existing or planned debt obligation; or (iii) a guarantee of (i) or (ii). The term “financial obligation” shall not include municipal securities as to which a final official statement has been provided to the MSRB consistent with the Rule. As used herein, for those events that must be reported if material, an event is “material” if it is an event as to which a substantial likelihood exists that a reasonably prudent investor would attach importance thereto in deciding to buy, hold or sell a Bond or, if not disclosed, would significantly alter the total information otherwise available to an investor from the Official Statement, information disclosed hereunder or information generally available to the public. Notwithstanding the foregoing sentence, an event is also “material” if it is an event that would be deemed material for purposes of the purchase, holding or sale of a Bond within the meaning of applicable federal securities laws, as interpreted at the time of discovery of the occurrence of the event. For the purposes of the event identified in (L) hereinabove, the event is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent or similar officer for an obligated person in a proceeding under the U.S. Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the obligated person, or if such jurisdiction has been 14 4929-8988-3665\3 assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the obligated person. (3) In a timely manner, notice of the occurrence of any of the following events or conditions: (A) the failure of the City to provide the Disclosure Information required under paragraph (b)(1) at the time specified thereunder; (B) the amendment or supplementing of this section pursuant to subsection (d), together with a copy of such amendment or supplement and any explanation provided by the City under subsection (d)(2); (C) the termination of the obligations of the City under this section pursuant to subsection (d); (D) any change in the accounting principles pursuant to which the financial statements constituting a portion of the Disclosure Information are prepared; and (E) any change in the fiscal year of the City. (c) Manner of Disclosure. (1) The City agrees to make available to the MSRB through EMMA, in an electronic format as prescribed by the MSRB, the information described in subsection (b). (2) All documents provided to the MSRB pursuant to this subsection (c) shall be accompanied by identifying information as prescribed by the MSRB from time to time. (d) Term; Amendments; Interpretation. (1) The covenants of the City in this section shall remain in effect so long as any Bonds are Outstanding. Notwithstanding the preceding sentence, however, the obligations of the City under this section shall terminate and be without further effect as of any date on which the City delivers to the Registrar an opinion of Bond Counsel to the effect that, because of legislative action or final judicial or administrative actions or proceedings, the failure of the City to comply with the requirements of this section will not cause participating underwriters in the primary offering of the Bonds to be in violation of the Rule or other applicable requirements of the Securities Exchange Act of 1934, as amended, or any statutes or laws successory thereto or amendatory thereof. (2) This section (and the form and requirements of the Disclosure Information) may be amended or supplemented by the City from time to time, without notice to (except as provided in paragraph (c)(3) hereof) or the consent of the Owners of any Bonds, 15 4929-8988-3665\3 by a resolution of this Council filed in the office of the recording officer of the City accompanied by an opinion of Bond Counsel, who may rely on certificates of the City and others and the opinion may be subject to customary qualifications, to the effect that: (i) such amendment or supplement (a) is made in connection with a change in circumstances that arises from a change in law or regulation or a change in the identity, nature or status of the City or the type of operations conducted by the City, or (b) is required by, or better complies with, the provisions of paragraph (b)(5) of the Rule; (ii) this section as so amended or supplemented would have complied with the requirements of paragraph (b)(5) of the Rule at the time of the primary offering of the Bonds, giving effect to any change in circumstances applicable under clause (i)(a) and assuming that the Rule as in effect and interpreted at the time of the amendment or supplement was in effect at the time of the primary offering; and (iii) such amendment or supplement does not materially impair the interests of the Bondowners under the Rule. If the Disclosure Information is so amended, the City agrees to provide, contemporaneously with the effectiveness of such amendment, an explanation of the reasons for the amendment and the effect, if any, of the change in the type of financial information or operating data being provided hereunder. (3) This section is entered into to comply with the continuing disclosure provisions of the Rule and should be construed so as to satisfy the requirements of paragraph (b)(5) of the Rule. SECTION 9. CERTIFICATION OF PROCEEDINGS. 9.01. Registration of Bonds. The City Manager is hereby authorized and directed to file a certified copy of this resolution with the County Auditor of Hennepin County, together with such additional information as is required, and to obtain a certificate that the Bonds and the taxes levied pursuant hereto have been duly entered upon the County Auditor’s Bond register. 9.02. Authentication of Transcript. The officers of the City and the County Auditor are hereby authorized and directed to prepare and furnish to the Purchaser and to Dorsey & Whitney LLP, Bond Counsel, certified copies of all proceedings and records relating to the Bonds and such other affidavits, certificates and information as may be required to show the facts relating to the legality and marketability of the Bonds, as the same appear from the books and records in their custody and control or as otherwise known to them, and all such certified copies, affidavits and certificates, including any heretofore furnished, shall be deemed representations of the City as to the correctness of all statements contained therein. 9.03. Official Statement. The Preliminary Official Statement relating to the Bonds, prepared and distributed by Ehlers, is hereby approved. Ehlers is hereby authorized on behalf of the City to prepare and distribute to the Purchaser within seven business days from the date hereof, a Final Official Statement listing the offering price, the interest rates, selling compensation, delivery date, the underwriters and such other information relating to the Bonds required to be included in the Official Statement by Rule l5c2-12 adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934. The officers of the City are hereby 16 4929-8988-3665\3 authorized and directed to execute such certificates as may be appropriate concerning the accuracy, completeness and sufficiency of the Official Statement. 9.04. Authorization of Payment of Certain Costs of Issuance of the Bonds. The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses to Wells Fargo Bank, National Association on the closing date for further distribution as directed by Ehlers. 17 4929-8988-3665\3 ADOPTED by the City Council of Eden Prairie this 18th day of February, 2025. Mayor ATTEST: City Clerk A-1 4929-8988-3665\3 APPENDIX I Tax Levy [to come] A-2 4929-8988-3665\3 EXHIBIT A UNITED STATES OF AMERICA STATE OF MINNESOTA HENNEPIN COUNTY CITY OF EDEN PRAIRIE GENERAL OBLIGATION CAPITAL IMPROVEMENT BOND, SERIES 2025A R-___ $_________ Interest Rate Maturity Date Date of Original Issue CUSIP No. __% February 1, 20__ March 12, 2025 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: THOUSAND DOLLARS CITY OF EDEN PRAIRIE, State of Minnesota (the “City”) acknowledges itself to be indebted and for value received hereby promises to pay to the registered owner specified above, or registered assigns, the principal amount specified above on the maturity date specified above and promises to pay interest thereon from the date of original issue specified above or from the most recent Interest Payment Date (as hereinafter defined) to which interest has been paid or duly provided for, at the annual interest rate specified above, payable on February 1 and August 1 in each year, commencing February 1, 2026 (each such date, an “Interest Payment Date”), all subject to the provisions referred to herein with respect to the redemption of the principal of this Bond before maturity. The interest so payable on any Interest Payment Date shall be paid to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a business day) of the calendar month preceding that in which the Interest Payment Date occurs. Interest hereon shall be computed on the basis of a 360-day year composed of twelve 30-day months. The interest hereon and, upon presentation and surrender hereof at the principal office of the agent of the Registrar described below, the principal hereof are payable in lawful money of the United States of America by check or draft drawn on U.S. Bank Trust Company, National Association, St. Paul, Minnesota, as Bond registrar, transfer agent and paying agent, or its successor designated under the Resolution described herein (the “Registrar”) or other agreed-upon means of payment by the Registrar or its designated successor. For the prompt and full payment of such principal and interest as the same respectively come due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. A-3 4929-8988-3665\3 This Bond is one of an issue (the “Bonds”) in the aggregate principal amount of $[PAR] issued pursuant to a resolution adopted by the City Council on February 18, 2025 (the “Resolution”), to finance various improvements described in the City’s Capital Improvement Plan, and is issued by authority of and in strict accordance with the provisions of the Constitution and laws of the State of Minnesota thereunto enabling, including Minnesota Statutes, Section 475.521 and Chapter 475. For the full and prompt payment of the principal of and interest on the Bonds as the same become due, the full faith, credit and taxing power of the City have been and are hereby irrevocably pledged. The Bonds are issuable only in fully registered form, in the denomination of $5,000 or any integral multiple thereof, of single maturities. Bonds maturing in 2036 and later years shall be subject to redemption and prepayment at the option of the City, in whole or in part, in such order of maturity dates as the City may select and, within a maturity, by lot as selected by the Registrar (or, if applicable, by the Bond depository in accordance with its customary procedures) in multiples of $5,000, on February 1, 2035, and on any date thereafter, at a price equal to the principal amount thereof and accrued interest to the date of redemption. The City shall cause notice of the call for redemption thereof to be published if and to the extent required by law, and at least thirty (30) and not more than sixty (60) days prior to the designated redemption date, shall cause notice of call for redemption to be mailed, by first class mail (or, if applicable, provided in accordance with the operational arrangements of the securities depository), to the registered holders of any Bonds, at the holders’ addresses as they appear on the Bond register maintained by the Bond Registrar, but no defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Bond not affected by such defect or failure. Official notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified and from and after such date (unless the City shall default in the payment of the redemption price) such Bonds or portions of Bonds shall cease to bear interest. Upon partial redemption of any Bond, a new Bond or Bonds will be delivered to the owner without charge, representing the remaining principal amount outstanding. [TO BE COMPLETED IF THERE ARE TERM BONDS] [Bonds maturing on February 1, 20____ and 20____ (the “Term Bonds”) shall be subject to mandatory redemption prior to maturity at a redemption price equal to the stated principal amount thereof plus interest accrued thereon to the redemption date, without premium. The Registrar shall select for redemption, by lot or other manner deemed fair, on February 1 in each of the following years the following stated principal amounts of such Bonds: Year Principal Amount * *Final Maturity Year Principal Amount A-4 4929-8988-3665\3 * *Final Maturity Notice of redemption shall be given as provided in the preceding paragraph.] As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Registrar, by the registered owner hereof in person or by the owner’s attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Registrar, duly executed by the registered owner or the owner’s attorney, and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the designated transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date; subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to any such transfer or exchange. The City and the Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment as herein provided and for all other purposes, and neither the City nor the Registrar shall be affected by any notice to the contrary. Notwithstanding any other provisions of this Bond, so long as this Bond is registered in the name of Cede & Co., as nominee of The Depository Trust Company, or in the name of any other nominee of The Depository Trust Company or other securities depository, the Registrar shall pay all principal of and interest on this Bond, and shall give all notices with respect to this Bond, only to Cede & Co. or other nominee in accordance with the operational arrangements of The Depository Trust Company or other securities depository as agreed to by the City. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required; that, prior to the issuance hereof, the City Council has by the Resolution covenanted and agreed to levy ad valorem taxes on all taxable property in the City and has agreed to collect and apply to payment of the Bonds, which taxes are estimated to be collectible in years and amounts sufficient to produce sums not less than 5% in excess of the principal of and interest on the Bonds when due, and has appropriated such taxes to its General Obligation Capital Improvement Bonds, Series 2025A Bond Fund for the payment of such principal and interest; that if necessary for the payment of such principal and interest, additional ad valorem taxes are required to be levied upon all taxable property in the City, without limitation as to rate or amount; that all proceedings relative to the projects financed by this Bond have been or will be taken according to law and that the issuance of this Bond, together with all other indebtedness of the City outstanding on the date hereof and on the date of its actual A-5 4929-8988-3665\3 issuance and delivery, does not cause the indebtedness of the City to exceed any constitutional or statutory limitation of indebtedness. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon shall have been executed by the Registrar by manual signature of one of its authorized representatives. A-6 4929-8988-3665\3 IN WITNESS WHEREOF, the City has caused this Bond to be executed on its behalf by the facsimile signatures of its Mayor and City Manager and has caused this Bond to be dated as of the date set forth below. CITY OF EDEN PRAIRIE, MINNESOTA (facsimile signature – City Manager) (facsimile signature – Mayor) __________ CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. Date of Authentication: __________________ U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, as Registrar By Authorized Representative __________ A-7 4929-8988-3665\3 The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to the applicable laws or regulations: TEN COM --as tenants in common UTMA …………. as Custodian for ………….. (Cust) (Minor) TEN ENT --as tenants by the entireties under Uniform Transfers to Minors Act ....…….. (State) JT TEN --as joint tenants with right of survivorship and not as tenants in common Additional abbreviations may also be used. __________ ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto ______________________________________________________________________ the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint ______________________________________________________________________ attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: NOTICE: The assignor’s signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatsoever. Signature Guaranteed: Signature(s) must be guaranteed by an “eligible guarantor institution” meeting the requirements of the Registrar, which requirements include membership or participation in STAMP or such other “signature guaranty program” as may be determined by the Registrar in addition to or in substitution for STAMP, all in accordance with the Securities Exchange Act of 1934, as amended. PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: 4929-8988-3665\3 HENNEPIN COUNTY AUDITOR’S CERTIFICATE AS TO REGISTRATION The undersigned, being the duly qualified and acting County Auditor of Hennepin County, Minnesota, hereby certifies that there has been filed in my office a certified copy of a resolution duly adopted on February 18, 2025, by the City Council of the City of Eden Prairie, Minnesota, setting forth the form and details of an issue of $[PAR] General Obligation Capital Improvement Bonds, Series 2025A dated as of March 12, 2025. I further certify that the issue has been entered on my bond register and that the taxes have been levied as required by Minnesota Statutes, Sections 475.61 to 475.63. WITNESS my hand and official seal on the _____ day of ________, 2025. Hennepin County Auditor (SEAL)