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HomeMy WebLinkAboutCity Council - 09/02/2025Agenda Eden Prairie City Council Workshop 5:30 p.m. Tuesday, Sept. 2, 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. E-Bike Update Council Chambers II. Open Podium III. Adjournment Agenda Eden Prairie Housing and Redevelopment Authority Meeting 7 p.m. Tuesday, Sept. 2, 2025 City Center Council Chambers 8080 Mitchell Road Eden Prairie, MN 55344 ATTENDEES Housing and Redevelopment Authority Members: Chair 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, City Attorney Maggie Neuville, and Finance Manager Tammy Wilson MEETING AGENDA HRA.I. Call the HRA meeting to order HRA.II. Approve the minutes of HRA meeting held on December 3, 2024 HRA.III. Adopt Resolution approving the proposed 2026 property tax levy and accepting the proposed 2026 budget HRA.IV. Adjournment Agenda Eden Prairie City Council Meeting 7 p.m. Tuesday, Sept. 2, 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, Police Chief Matt Sackett, Fire Chief Scott Gerber, Administrative Services/HR Director Alecia Rose, 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. Accept donation from Hopkins Veterans of Foreign Wars (VFW) Post 425 for natural resource management efforts B. Steve Schewe Day Proclamation V. Approval of Agenda and Other Items of Business VI. Minutes A. City Council Workshop held Tuesday, August 12, 2025 B. City Council Meeting held Tuesday, August 12, 2025 VII. Consent Calendar A. Clerk’s List B. Adopt Resolution approving participation in cooperative agreement for Call Handling System (CHS-1) for Primary System Answering Point (PSAP) software CITY COUNCIL MEETING AGENDA September 2, 2025 Page 2 C. Adopt Resolution approving appraisal value and acquisition of property for the Dell Road Improvement Project D. Marshall Gardens by Lake West Development approve amendment and restated Development Agreement E. Approve Purchase of SCADA Software from Inductive Automation F. Approve contract to upgrade Fleet Services bulk oil room, update remaining dispenser heads, and install remote fill interface with Ascentek G. Approve construction contract for Well 9 pavement project H. Approve contract for the purchase of two submersible sewage pump assemblies for the rehabilitation of Lift Station 11 at Red Oak Drive with Electric Pump I. Approve cooperative agreement for Round Lake alum treatment project J. Approve professional services agreement for 2025 and 2026 pond improvement project with Stantec Consulting Services, Inc. K. Authorize City Manager to sign Multiyear Health Plan Agreement with HealthPartners for employee medical insurance L. Approve standard agreement for contract services for Snow and Ice Management Services with Excel Lawn & Landscape M. Approve Verizon License Agreement at 8080 Mitchell Road VIII. Public Hearings and Meetings A. Prairie Village by Hupp Holdings IX, LLC. First reading of Ordinance for PUD District Review with waivers on 0.46 acres, approve Resolution for PUD Concept Review on 0.46 acres B. Lower Minnesota River Watershed District Zoning District Change by Lower Minnesota River Watershed District. First reading of Ordinance for Zoning District Change on 4.2 acres C. 2024 Community Development Block Grant consolidated annual performance and evaluation report (CAPER) IX. Payment of Claims X. Ordinances and Resolutions XI. Petitions, Requests, and Communications CITY COUNCIL MEETING AGENDA September 2, 2025 Page 3 XII. Appointments XIII. Reports A. Reports of Council Members B. Report of City Manager 1. Adopt Resolution approving preliminary tax levy and budget 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 UNAPPROVED MINUTES HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY, DECEMBER 3, 2024 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road HOUSING AND REDEVELOPMENT AUTHORITY MEMBERS: Chair Ron Case, Members Mark Freiberg, PG Narayanan, Kathy Nelson, and Lisa Toomey CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Parks and Recreation Director Amy Markle, Community Development Director Julie Klima, Finance Director Tammy Wilson, and City Attorney Maggie Neuville I. ROLL CALL / CALL THE HRA MEETING TO ORDER Chair Case called the meeting to order at 7:03 PM. All HRA members were present. II. APPROVE MINUTES OF HRA MEETING HELD ON SEPTEMBER 3, 2024 MOTION: Toomey moved, seconded by Narayanan, to approve the HRA minutes from September 3, 2024. Motion carried 5-0. III. ADOPT RESOLUTION HRA NO. 2024-02 APPROVING THE 2025 PROPERTY TAX LEVY AND ACCEPTING THE PROPOSED 2025 BUDGET MOTION: Freiberg moved, seconded by Nelson, to adopt Resolution HRA No. 2024-02 certifying the 2025 HRA Property Tax levy to be $220,000 and approving the 2025 HRA Budget of $220,000 as reviewed by the Council. Motion carried 5-0. IV. ADJOURNMENT MOTION: Narayanan moved, seconded by Toomey, to adjourn the HRA meeting. Motion carried 5-0. Chair Case adjourned the meeting at 7:05 PM. Respectfully submitted, __________________________________ Sara Potter, Administration Support Specialist Housing and Redevelopment Authority Agenda Cover Memo Date: September 2, 2025 Section: Housing and Redevelopment Authority Item Number: HRA.III. Department: Rick Getschow, City Manager, Administration ITEM DESCRIPTION Resolution approving the proposed 2026 HRA property tax levy and accepting the proposed 2026 budget REQUESTED ACTION Move to adopt the Resolution to approve the proposed 2026 property tax levy to be $230,000 and accept the proposed 2026 budget of $230,000. SUMMARY Minnesota law authorizes the HRA to levy a tax with the consent of the City Council. The HRA must adopt a proposed net property tax levy by September 30 and certify it to the county auditor. Per Minnesota Statute, Housing and Redevelopment Authorities can levy a tax of up to .0185 percent of estimated market value. The proceeds may be spent on planning and implementation of redevelopment and/or low-rent housing assistance programs with the City. The limit for the City of Eden Prairie is $2,686,315. ATTACHMENTS Resolution HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA H.R.A. RESOLUTION NO. 2025-__ RESOLUTION APPROVING THE HRA PROPOSED 2026 PROPERTY TAX LEVY AND ACCEPTING A PROPOSED BUDGET FOR GENERAL OPERATIONS WHEREAS, the Housing and Redevelopment Authority of the City of Eden Prairie has reviewed the proposed 2026 budget and tax levy; and WHEREAS, the Housing and Redevelopment Authority has decided to accept these recommendations. NOW, THEREFORE, BE IT RESOLVED that the Housing and Redevelopment Authority: 1. Approves the following proposed taxes on real and personal property within the City of Eden Prairie for the 2026 budget contingent upon City Council approval. Levy on Tax Capacity $230,000 2. Approves the 2026 proposed budget totaling $230,000 at this time. ADOPTED by the Housing and Redevelopment Authority on September 2, 2025. __________________________ Ronald A. Case, Chair SEAL ATTEST: ______________________________ Rick Getschow, Executive Director City Council Agenda Cover Memo Date: September 2, 2025 Section: Proclamations and Presentation Item Number: IV.A. Department: Parks and Recreation ITEM DESCRIPTION Presentation recognizing the Hopkins VFW Post 425 for their generous gift of $2500 to the Parks and Recreation Department to put towards natural resource management efforts of our park’s conservation areas and parks. Commander Lonnie Duff and Post Adjutant Martin Adams will be present to say a few words from the VFW, Tommy Johnson will be in the audience as well taking pictures for the organization. REQUESTED ACTION Move to adopt Resolution accepting the donation of $2,500 from the Hopkins VFW for natural resource management efforts of our conservation areas and parks. SUMMARY The City of Eden Prairie has 52 parks and 13 conservation areas, all need natural resource management, so they are healthy for both today and future generations. We are the stewards of our beautiful forests, prairies, wetlands, and lakes, and with that we always are seeking support from the community in their management. The donation from the Hopkins VFW Post 425 is a wonderful example of an organization that has shown up to help with resource management, education, and raising important funds that will help tax dollars go farther in our stewardship work in managing our precious natural resources. The funds will be specifically utilized for the continued development of a tool library that includes gloves, safety glasses and other similar supplies. In these efforts, staff and volunteers will be able to safely address invasive species management and the replanting of native species, bringing the health of the forest back to park conservation areas. We are thrilled to host the VFW Post on September 6 at Birch Island Woods Conservation Area for their National Day of Service; they chose to do a buckthorn bust with Eden Prairie staff and the Friends of Eden Prairie Parks. Thank to your dedication to the stewardship of these natural areas, we are appreciative of all your efforts and kind donation! ATTACHMENTS N/A CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2025-___ RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City of $2,500 to be used towards Parks and Recreation natural resource management efforts of our park’s conservation areas and parks from the Hopkins VFW Post 425 is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 2nd day of September, 2025. ___________________________ Ronald A. Case, Mayor ATTEST: ___________________________ David Teigland, City Clerk PROCLAMATION City of Eden Prairie Hennepin County, Minnesota Steve Schewe Day WHEREAS, Steve Schewe enthusiastically volunteered to be the CEO and Publisher of the Eden Prairie Local News five years ago and has served in that position ever since; and WHEREAS, During his tenure, Steve has built up the Eden Prairie Local News website to nearly 200 thousand hits a month and almost four thousand subscribers; and WHEREAS, Steve has led a team of primarily volunteers to build an organization that is nationally recognized for excellence; and WHEREAS, Steve has fostered many donations and grants, allowing the Eden Prairie Local News to employ two full time and two part time employees to cover topics important to the community; and WHEREAS, Steve has invested time networking with others in the process of building similar online news stations in communities both nearby and nationally; and WHEREAS, Steve initiated the idea of the Eden Prairie Local News hosting a public meeting on Artificial Intelligence before it was widely discussed; and WHEREAS, Steve lead the Eden Prairie Local News Voter Guide project, a hard copy publication delivered to all Eden Prairie residents enabling voters to make informed decision in local elections; and WHEREAS, during his time, Steve has led the Eden Prairie Local News forward in its mission to create a strong community through informed civic participation. NOW, THEREFORE, BE IT RESOLVED, the Eden Prairie City Council proclaims Tuesday, September 2, 2025 as STEVE SCHEWE DAY in the City of Eden Prairie, Minnesota. Ronald A. Case, Mayor on behalf of Council Members: Kathy Nelson Mark Freiberg PG Narayanan Lisa Toomey Unapproved Minutes Eden Prairie City Council Workshop 5:30 p.m. Tuesday, Aug. 12, 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: Eden Prairie Historical Society President Kathie Case, Heritage Preservation Commission Staff Liaison Beth Novak-Krebs, Facilities Manager Rick Clark MEETING AGENDA Heritage Rooms I. Eden Prairie Historical Society Update – President Kathie Case R. Case introduced the first topic and noted the engagement of Council and staff with the value of historic preservation. K. Case explained she joined the Eden Prairie Historical Society (EPHS) board in 1989 and became president in 2004. There are currently 14 members on the EPHS board. K. Case lauded Heritage Preservation Commission Staff Liaison Beth Novak-Krebs and Facilities Manager Rick Clark for their support. K. Case explained the EPHS is preparing the museum for additional space once the Police Department and City Center remodel is complete. The additional space would be dedicated to a research area, additional file cabinets, and storing historical records currently held at other facilities. The museum is open Mondays and for special occasions such as boy and girl scout troop visits. K. Case provided information on the EPHS Facebook Group, Eden Prairie Remembers, and the EPHS website. K. Case recently spoke with Jillian Davis, who will run the bookstore at the Dorenkemper house. R. Case asked for a status update on the newly added utility room and CITY COUNCIL MEETING AGENDA August 12, 2025 Page 2 bathroom. Clark answered he anticipates the addition will be roughed in before winter. Interior finishes will be completed early 2026, and the bookstore will open in spring 2026. Toomey asked what will happen to the furniture and other items currently in the Dorenkemper house. Clark stated some furniture appropriate for the bookstore will stay, the remainder will removed for preservation. K. Case explained the EPHS likes to complete a project at the Cummins-Phipps-Grill House (CPG House) annually. This year, the EPHS will hire professional cleaners for the CPG House basement. K. Case details events occurring at the CPG House including Santa’s North Pole Experience, tree sales by scout troops, Coffee and Conversation, and the PROP shop sale. Eden Prairie Non-Profits are welcome to use the CPG House once per year at no charge. K. Case next detailed the EPHS’s outreach events. The EPHS does speaking engagements with different community groups, including the lionesses and senior living facilities. The EPHS participated in the 100 year celebration for Camp Eden Wood, and the 100 year celebration for the consolidated school district. The EPHS partners closely with many Heritage Preservation Commission projects including the Flying Red Horse and the history of Eden Prairie manuscript. K. Case thanked the Council for its support, noting other Historical Societies don’t receive as much City support as the EPHS does. Narayanan asked if the EPHS received any feedback on the Flying Red Horse installment. K. Case noted the EPHS has received many positive comments. Narayanan asked how big the EPHS budget is. K. Case noted the budget is healthy. There are no paid employees. EPHS Treasurer Chris Honaas Wildfang added the primary income source is membership dues. Narayanan asked if the EPHS receives money from other sources. K. Case confirmed the EPHS receives funds from different community groups including the Hopkins Veterans of Foreign Wars (VFW), and the Eden Prairie Lions. R. Case noted the EPHS is the designated keeper of historical documents, archives, and photos for the people of Eden Prairie. The EPHS is performing important work that the City would otherwise need to do. Narayanan asked what more the EPHS needs from the City. K. Case stated the City, especially the Facilities team, has been a wonderful partner and nothing further is needed. Narayanan asked what the EPHS needs from the community. K. Case encouraged more residents CITY COUNCIL MEETING AGENDA August 12, 2025 Page 3 to become members of the EPHS. There are many events such as trolly tours and barn dances. EPHS Board Member Sheryl Fletcher asked if the City could promote the EPHS in its messaging. Lorenz confirmed EPHS events are promoted in the City Manager’s Friday Report. R. Case asked how many people are reached through City messaging. Lorenz confirmed there are 45 thousand cumulative email subscribers to various City topics. Getschow added information on various nonprofits, including the EPHS, is available on the City website. Narayanan asked if the EPHS hosts fundraisers to raise money. K. Case confirmed the EPHS hosts fundraising events. Sometimes events just break even, which is still considered successful as the organization’s objective is to increase exposure to history, not to be profitable. There is enough money to invest back into historic properties and occasionally purchase historical artifacts for sale. Narayanan asked if the EPHS eventually would like to purchase its own space. K. Case confirmed that is not a priority, the EPHS has everything needed in the current City Center space. R. Case asked when the historical museum expansion will be complete. Clark confirmed the anticipated completion date is the end of 2026. The Council Members thanked the EPHS for their time and efforts. II. Historical Properties Update – Senior Planner Beth Novak-Krebs and Facilities Manager Rick Clark Clark noted the City Staff, in partnership with contractors, work on historical buildings throughout the year. Clark gave an overview of projects recently completed at Camp Eden Wood including Birchwood Cabin exterior improvements, removal of invasive species and replanting native plants, and reroofing the dormitory building. R. Case noted Camp Eden Wood is on the National Register of Historic Places. Clark stated the CPG House roof was replaced in 2022, and the floors inside were sanded and re-sealed. Sewer and water were extended to the Dorenkemper House in 2023. There will be an addition of a small bathroom and utility room for the building’s adaptive reuse. In 2026, the City will apply for a grant to replace the Dorenkemper House roof. Clark explained the Riley Jacques barn received carpentry repairs and was recently painted. The Riley Jaques barn hosts much programming, weddings, and events. A card access system was recently installed. At the Smith Douglas More house, vegetation management and new plantings CITY COUNCIL MEETING AGENDA August 12, 2025 Page 4 occurred this summer in partnership with Applewood Point. A rain garden and an irrigation system were recently installed. The parking lot is being redeveloped to add several new stalls. Narayanan asked if there is Electric Vehicle (EV) charging at the Smith Douglas More house. Clark answered the property does not have EV charging, it would rather focus on maximizing space as it is often short on stalls. R. Case added customers are often not there for enough time to warrant an EV charge. Clark stated the Staring Lake Outdoor Center added restrooms in 2023. Work was completed on the boardwalk this year. Future projects include new windows and a new entrance sign. Novak-Krebs provided an update on the Heritage Preservation Commission (HPC). Consultants are researching for the book on Eden Prairie Native American history. The consultants are providing an update to HPC members next week. Novak-Krebs submitted a preapplication for a legacy grant to write a manuscript for the book. The City will be notified in December if the grant will be awarded. The HPC has been discussing completing a cultural resources inventory. In the early 1990s a consultant was hired to survey and map over 150 of the City’s cultural resources such as historic structures and archeological resources. An updated inventory would be helpful as resources may have been lost or added. The Council Members thanked Novak-Krebs and Clark for their time and efforts. Council Chambers III. Open Podium IV. Adjournment Unapproved Minutes Eden Prairie City Council Meeting 7 p.m. Tuesday, Aug. 12, 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, and City Attorney Maggie Neuville MEETING AGENDA I. Call the Meeting to Order Mayor Case called the meeting to order at 7:00 PM. Council Member Kathy Nelson was absent. II. Pledge of Allegiance III. Open Podium Invitation IV. Proclamations and Presentations V. Approval of Agenda and Other Items of Business MOTION: Toomey moved, seconded by Naryanan, to approve the agenda as amended, with the addition of a Councilmember Report. Motion carried 4-0. VI. Minutes MOTION: Narayanan moved, seconded by Freiberg, to approve the minutes of the Council workshop held Tuesday, July 15, 2025, and the City Council meeting held Tuesday, July 15, 2025, as published. Motion carried 4-0. VII. Consent Calendar A. Clerk’s List B. Approve second reading of Ordinance No. 13-2025 amending City Code section 5.81 relating to cannabis retail business, adopt Resolution No. 2025-068 approving summary ordinance CITY COUNCIL MEETING AGENDA August 12, 2025 Page 2 C. Veridian by Civil Site Group. Approve second reading of Ordinance No. 14-2025- PUD-03-2025 for PUD District Review with Waivers on 0.77 acres, adopt Resolution No. 2025-069 for Site Plan Review on 0.77 acres, approve Development Agreement D. Adopt Resolution No. 2025-070 authorizing and ratifying the execution of all necessary documents to ensure city participation in all current and future multistate settlements relating to opioid supply chain participants E. Approve Pleasant Hill Cemetery and Eden Prairie Cemetery proposed fees and update fee Resolution F. Award contract for reconstruction of Holasek Hill Park retaining wall to Blakeborough Hardscapes G. Award contract for 2025 Franlo Trail rehabilitation project to BKJ Land CO II DBA (doing business as) BKJ EXC. H. Approve standard agreement for contracted services for conversion and maintenance of native conversion planting areas with Resource Environmental Solutions, LLC I. Reject all bids for Water Treatment Plant air compressor upgrade project J. Approve construction contract for installation of piping network with Minnesota Mechanical Solutions, Inc. K. Approve purchase of supervisory control and data acquisition (SCADA) software from Inductive Automation L. Approve professional services agreement for installation and programming of the Water Treatment Plant’s SCADA software with Advanced Engineering and Environmental Services M. Authorize purchase of two traffic signal cabinets from Traffic Control Corporation N. Approve professional services agreement for Plaza Drive street reconstruction project final design, permitting, and bidding with WSB O. Award Old Shady Oak storm sewer repair to BKJ Land Co II DBA BKJ Excavating P. Award Pond 20-24-C sediment removal to American Environmental LLC Q. Approve purchase of two blazer electric vehicles from North Country GM R. Approve Eden Prairie Police Department Renovation Project Change Order #2 for replacement of existing walls not framed to deck with Mulcahy Nickolaus, LLC S. Award contract for purchase and installation of Eden Prairie Police Department CITY COUNCIL MEETING AGENDA August 12, 2025 Page 3 high-density storage vault shelving to Mid-America Business Systems utilizing pricing through the Sourcewell cooperative purchasing contract T. Approve agreement for Eden Prairie Senior Center window replacement with The Window Guys, LLC U. Authorize execution of a professional services agreement for the Dorenkemper House addition project preparation of construction documents with MacDonald & Mack Architects V. Authorize the City Manager to sign Multiyear Health Plan Agreement with HealthPartners for employee medical insurance W. Approve Verizon license agreement amendment X. Approve petition and special assessment agreement for Meadowcroft Private Culvert MOTION: Freiberg moved, seconded by Toomey, to approve Items A-X on the Consent Calendar. Motion carried 4-0. VIII. Public Hearings and Meetings A. Aspen Estates by Bill Welch. Approve first reading of an Ordinance for a Zoning District Change from I-2 to RM-2.5 on 0.908 acres and from Rural to RM-2.5 on 0.199 acres, adopt Resolution No. 2025-071 for Preliminary Plat, adopt Resolution No. 2025-072 for Findings of Fact in Support of Park Dedication Fees Getschow explained applicant is requesting approval to construct a 15-unit assisted living and memory care facility. The building is proposed as a 10,761 square-foot single-story structure. The property is located east of Aztec Drive, across from Caliber Collision. The site consists of two parcels totaling 1.1 acres. The parcels are currently undeveloped. There are residential uses to the east, office uses to the north, and commercial uses to the west and south. Getschow added that the Planning Commission held a public hearing on July 14, 2025, and voted unanimously to recommend that the City Council approve the project. There were no comments at the public hearing. Bill Welch, representative of Aspen Estates LLC, introduced himself and provided a presentation on the proposed facility. He highlighted the importance of connection during end-of-life care and making the building feel like a home. He showed site plans and renderings of the building. The proposed project would have minimal impact on the surrounding community, and the neighboring HOA is supportive. CITY COUNCIL MEETING AGENDA August 12, 2025 Page 4 Toomey thanked Mr. Welch for a people-centered proposal. Case asked if trees are being retrained. Mr. Welch explained that the plan is to retain as many trees as possible. Freiberg expressed his appreciation of the design. There were no comments from the audience. MOTION: Freiberg moved, seconded by Narayanan, to close the public hearing, approve the first reading of an Ordinance for a zoning district change from I-2 to RM-2.5 on 0.908 acres and from Rural to RM-2.5 on 0.199 acres, adopt Resolution No. 2025-071 for a Preliminary Plat combining two parcels into one lot on 1.1 acres, adopt Resolution No. 2025-072 for Findings of Fact in Support of Park Dedication Fees, 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 Aspen Estates Assisted Living and memory care at the request of the Developer subject to the conditions outlined in the permit. Case stated the proposed use is welcomed in the neighborhood as there is minimal impact. He added Council looks forward to the facility. Motion carried 4-0. IX. Payment of Claims MOTION: Narayanan moved, seconded by Toomey, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Freiberg, Narayanan, Toomey, and Case voting “aye.” X. Ordinances and Resolutions A. Approve first reading of an Ordinance amending City Code Section 2.05 relating to salaries of the Mayor and Council Members Getschow explained pursuant to direction from the Council, the attached is an ordinance amending City Code Section 2.05 that would implement one-time increases to the base salary of the Mayor and Council Members. The Mayor’s salary will be increased by $2,000, and the salaries of Council Members will be increased by $1,000. Because Minnesota Statutes § 415.11 allows salary increases to take effect only after the next municipal election, these increases will be effective January 1, 2027. Getschow stated Section 2.05 currently provides for biannual increases to the CITY COUNCIL MEETING AGENDA August 12, 2025 Page 5 salary of the Mayor and Council Members that are tied to the percentage increase in the Compensation Limit for Local Government Officials (the so-called “Governor’s Salary Cap”). Because the Governor’s Salary Cap was repealed by the Minnesota legislature in 2023, this metric is no longer applicable or available. The proposed ordinance instead ties the amount of these increases to the Consumer Price Index (CPI) for All Urban Consumers, published by the U.S. Department of Labor. These biannual increases continue to be effective on January 1 after the preceding regular City election, held in even-numbered years. Case explained that the salaries typically increase based on the CPI. MOTION: Toomey moved, seconded by Narayanan, to approve the first reading of an Ordinance amending City Code Section 2.05 relating to salaries of the Mayor and Council Members. Motion carried 4-0. XI. Petitions, Requests, and Communications XII. Appointments XIII. Reports A. Reports of Council Members 1. Municipal Federal Funding Case pointed out that there was an article in the newspaper about Federal funding being at risk. Getschow explained that Eden Prairie primarily relies on local funding. The Community Development Block Grant program is federally funded, but day-to-day City operations are not. The County has a higher reliance on Federal funding. The school districts are primarily funded by local money. 2. Upcoming and Prior Events Case noted Eden Prairie has hosted PeopleFest, Arts in the Park, Picnic on the Farm, the Miller Park ribbon cutting, Night to Unite, and Fire Station Open Houses over the last month. Council will visit senior housing facilities to meet with residents this week. Case thanked Staff for their work to plan and execute events. Toomey added that Coffee with a Cop is coming up. B. Report of City Manager C. Report of Community Development Director CITY COUNCIL MEETING AGENDA August 12, 2025 Page 6 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 Toomey, to adjourn the meeting. Motion carried 4-0. Mayor Case adjourned the meeting at 7:44 p.m. City Council Agenda Cover Memo Date: September 2, 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/Bingo Organization: Reach for Resources Place: Fat Pants Brewing Co 8335 Crystal View Road Date: December 18, 2025 On-Sale and Sunday Liquor License 2AM Closing Permit - Renewal Famous Craft Concepts, LLC DBA: Champps 8010 Glen Lane City Council Agenda Cover Memo Date: September 2, 2025 Section: Consent Calenar Item Number: VII.B. Department: Fire Department ITEM DESCRIPTION Resolution to participate in Call Handling System 1 (CHS-1) for PSAP (Primary System Answering Point) software. REQUESTED ACTION Adopt Resolution to Approve Participation in Cooperative Agreement for Call Handling System (CHS-1) for PSAP (Primary System Answering Point) Software SUMMARY CHS-1 is a system that shares/hosts a 9-1-1 call handling system. The system is owned and operated by a consortium of governmental entities. The resolution allows the City of Eden Prairie to participate in the shared /hosted call handling system. This system will allow us to upgrade our current system to a state of the art system. The Council approved participation in the CHS-1 System in June 2025. However, the original resolution (Resolution No. 2025-057) did not include the required designation of the City’s representative to the System Owners Group and the Emergency Communications Services Committee, as required by the system’s governing documents. The attached resolution corrects this deficiency and designates the Fire Chief or their designee as the City’s representative. The attached resolution is intended to replace and supersede Resolution No. 2025-057 to ensure that documentation of the City’s participation in the system is reflected in a single resolution. ATTACHMENTS Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2025-____ A RESOLUTION TO PARTICIPATE IN CALL HANDLING SYSTEM 1 (CHS-1) FOR PSAP (Primary System Answering Point) SOFTWARE WHEREAS, in May 2014, five governmental units, Allina Health EMS, City of Edina, City of Minneapolis, Hennepin County, and Hennepin EMS, each represented by their respective Public Safety Answering Points (PSAPs), formed a consortium to procure and operate a shared/hosted 9-1-1 call handling system (CHS), named “CHS-1” (or, “the consortium”) by executing the following agreements with each other and with the Metropolitan Emergency Services Board (MESB) acting as the consortium’s contract manager and fiscal agent: 1. Master Cooperative Agreement, to govern agency roles and responsibilities of CHS-1; 2. Ancillary Agreement (as amended in 2022), detailing operating and maintenance responsibilities and cost sharing of CHS-1; 3. Purchase Agreement with Independent Emergency Services, Inc. (IES) as the consortium’s vendor, to facilitate the purchase of CHS-1; 4. Support Services and Maintenance Agreement with IES to provide for the maintenance and upkeep of the CHS-1 system; and WHEREAS, in 2022 the consortium entered into a second Purchase Agreement for a Hardware Refresh with IES for CHS-1; and WHEREAS, in 2024 the consortium entered into a Support Services and Maintenance Agreement with IES to maintain that new CHS-1 system; and WHEREAS, the consortium’s agreements contemplate and allow for additional governmental units, through their PSAPs, to join CHS-1; WHEREAS, the City of Eden Prairie operates a PSAP; and WHEREAS, the City of Eden Prairie wishes to replace its PSAP’s call handling equipment; and WHEREAS, the City of Eden Prairie desires to join CHS-1 and: 1. Intends to become a member of the Cooperative Agreement; 2. Intends to become a member of the existing Ancillary Agreement; 3. Agrees to the language in an amended Cooperative Agreement; and 4. Agrees to the language in an amended Ancillary Agreement. WHEREAS, the City of Eden Prairie wishes to designate the Fire Chief or designee as the official representative for the CHS-1 System Owners Group and the Emergency Communications Services Committee. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 1. That City of Eden Prairie hereby notifies the MESB that the City intends to become a member of the CHS-1 by entering into its Master Cooperative Agreement and its Ancillary Agreement, and agrees with the language of both agreements, including the drafted amendments to those agreements, which will permit the City to become a consortium member upon execution by all consortium parties. 2. That the Council hereby designates the City’s Fire Chief or the Fire Chief’s designee as the official representative for the CHS-1 System Owners Group and the Emergency Communications Services Committee. 3. That City Resolution No. 2025-057 is hereby superseded and replaced in its entirety by this Resolution. ADOPTED, by the City Council of the City of Eden Prairie, on the 2nd day of September, 2025. _________________________ Ronald A. Case, Mayor ATTEST: _________________________ David Teigland, City Clerk City Council Agenda Cover Memo Date: September 2, 2025 Section: Consent Calendar Item Number: VII.C. Department: Public Works/Engineering – Carter Schulze, City Engineer ITEM DESCRIPTION Adopt Resolution Approving Appraisal Value and Authorizing Property Acquisition Related to the Dell Road Improvement Project, I.C. 17-5990 REQUESTED ACTION Adopt a resolution approving the appraisal values for the property acquisition for the Dell Road Improvement Project, City Project Number I.C. 17-5990 (the “Project”) and authorizing the City Attorney and City Engineer to acquire the property for the Project by direct negotiation or condemnation. SUMMARY The City of Eden Prairie is authorized to acquire real property which is needed for public use or public purposes. Minnesota State Statutes Chapter 117 requires an approved appraisal of value to be presented to property owners prior to acquisition of property by a government entity. The City Council previously authorized the City Engineer to proceed with the Project. The Project includes the acquisition of drainage and utility easements, permanent easements, and temporary construction easements, and other rights and interests by the City from the property owners of one parcel (parcel 2 shown on the parcel map). The City Attorney obtained a market value appraisal for the parcel as detailed on Exhibit A, which is provided to the City Council only as confidential non-public data. This action adopts a resolution approving the appraisal value for the property to be acquired and authorizes the City Attorney and City Engineer to present the appraisal to the property owners for the purpose of acquisition of drainage and utility easements, permanent easements, and temporary construction easements, and other rights and interests by the City by either direct negotiation or condemnation The project is currently scheduled for construction in late 2025 through 2027. ATTACHMENT Resolution Parcel Map and Sketch CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2025-____ RESOLUTION APPROVING THE APPRAISAL VALUES AND ACQUISITION OF PROPERTY RELATED TO THE DELL ROAD IMPROVEMENT PROJECT, CITY PROJECT NO.: I.C. 17-5990. WHEREAS, the City of Eden Prairie (the “City”), is authorized to acquire real property which is needed for public use or purposes; and WHEREAS, the City intends to construct improvements known as the Dell Road Improvement Project, City Project No.: I.C. 17-5990 (the “Project”); and WHEREAS, the construction of the Project will require the acquisition of drainage and utility easements, permanent easements, and temporary construction easements, and other rights and interest by the City; and WHEREAS, the City retained an independent appraiser who provided an appraisal stating the fair market value of the property interests proposed to be acquired from property identified as Hennepin County PID No. 30-116-22-41-0005 (the “Property”); and WHEREAS, the City Attorney and City Engineer will use the appraisal to make offers to purchase the needed property rights from the impacted property owner either by direct negotiation or condemnation for the values stated in the non-public exhibit provided to the City Council; and WHEREAS, the Project construction schedule contemplates that work will begin in Spring 2026; and WHEREAS, it is necessary that the City have easements on and under the Property for the Project before construction contracts may be executed. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: 1. The recitals set forth above are incorporated herein. 2. The City Attorney and City Engineer are authorized to make an offer to acquire interests in the Property for the Project in the amount set forth in the non-public exhibit previously provided to the City Council. 3. The City Attorney and City Engineer are authorized and directed to take all steps necessary to acquire the property for the Project described in the non-public exhibit by direct negotiation or condemnation and the use of the quick take procedure authorized under Minnesota Statutes Section 117.042 ADOPTED by the Eden Prairie City Council on September 2, 2025. ___________________________ Ronald A. Case, Mayor ATTEST: SEAL ___________________________ David Teigland, City Clerk 61 DISCLAIMER: The City of Eden Prairie does not warranty the accuracy nor the correctnessof the information contained in this map. It is your responsibility to verify the accuracyof this information. In no event will The City of Eden Prairie be liable for any damages,including loss of business, lost profits, business interruption, loss of business informationor other pecuniary loss that might arise from the use of this map or the information itcontains. Map information is believed to be accurate but accuracy is not guaranteed.Any errors or omissions should be reported to The City of Eden Prairie. *Any aerial photography and parcel geometry was obtained from Hennepin County and allusers are bound by the express written contract between Hennepin County and the Cityof Eden Prairie. Scale:1:4,744 ² Parcels 0 390 ft Dell Road Parcel ExhibitDell Road Parcel Exhibit City Council Agenda Cover Memo Date: September 2, 2025 Section: Consent Calendar Item Number: VII.D. Department: Community Development / Planning Julie Klima / Jeremy Barnhart ITEM DESCRIPTION The applicant is requesting adjustment to the Development Agreement pertaining to when certain fees are due. REQUESTED ACTION Move to: • Adopt a Resolution Conditionally Approving the Revised and Restated Development Agreement for Marshall Gardens SUMMARY The Development Agreement approving the Marshall Gardens project was approved by the City Council on May 6, 2025, along with a resolution conditioning the approval on the sale of the property to the developer. Since then, the developer has requested timing alternatives to the payment of certain fees associated with the development. These fees include the Inclusionary Housing payment-in-lieu, Park dedication, and City Sewer and Water Access charges (SAC/WAC). The original development agreement required these fees to be paid at the time of the building permit. The developer has requested these fees be either assessed and paid over a 5 year period (City SAC/ WAC) or at the time of Certificate of Occupancy (Inclusionary Housing, Park Dedication). The Revised and Restated Development Agreement codifies those changes and reflects the provision of security to ensure payment is captured. Because the sale of the property is expected to occur by September 5, 2025, but after the City Council meeting, the Resolution approves the development agreement conditioned on the Developer owning the property. ATTACHMENTS Revised and Restated Development Agreement Resolution Development Agreement 1 Marshall Gardens Amended and Restated Development Agreement AMENDED AND RESTATED DEVELOPMENT AGREEMENT Marshall Gardens THIS AMENDED AND RESTATED DEVELOPMENT AGREEMENT (“Agreement”) is entered into as of ______________, 2025, by Marshall Gardens , LLC, a Minnesota limited liability company, hereinafter referred to as “Developer,” its successors and assigns, and the CITY OF EDEN PRAIRIE, a Minnesota municipal corporation, hereinafter referred to as “City”: WITNESSETH: WHEREAS, Developer has applied to City for Guide Plan Change from Low Density Residential to Medium Density Residential on 9.78 acres, from Low Density Residential to Parks and Open Space on 12.78 acres, Planned Unit Development Concept Review on 8.03 acres, Planned Unit Development District Review with waivers on 8.03 acres, Zoning District Change from Rural to R1- 9.5 Zoning District on 8.03 acres, from Rural to RM- 2.5 Zoning District on 9.78 acres, from Rural to Parks and Open Space Zoning District on 12.78 acres, Site Plan Review on 32.11 acres, and Preliminary Plat of 32.11 acres into 16 lots and 5 outlots (the “Applications”), for real property legally described on Exhibit A (the “Property”); WHEREAS, Developer proposes to construct on the Property 15 detached and 100 attached single-family residential units, and associated amenities and improvements, to be known as Marshall Gardens (the “Project”); 2 Marshall Gardens Amended and Restated Development Agreement WHEREAS, on May 6, 2025, the City approved a Development Agreement for the Project that had been agreed upon by Developer (the “Initial Agreement”); WHEREAS, due to delays in the closing of Developer’s purchase of the Property, the Initial Agreement has not been fully executed by the parties or recorded; WHEREAS, since the date of the Initial Agreement, the parties have renegotiated terms relating the timing and method of payment of certain fees relating to the Project; WHEREAS, the parties now wish to amend, restate, and supersede the Initial Agreement in its entirety. NOW, THEREFORE, in consideration of the City adopting Resolution No. 2025-017 for Guide Plan Change, Resolution No. 2025-018 for Planned Unit Development Concept Review, Ordinance No. 08-2025-PUD-02-2025 for Planned Unit Development District Review and Zoning District Change from Rural to R1-9.5 on 8.03 acres, from Rural to RM-2.5 on 9.78 acres, and from Rural to Parks and Open Space on 12.78 acres, Resolution No. 2025-046 for Site Plan Review, and Resolution No. 2025-019 for Preliminary Plat, Developer agrees to construct, develop and maintain the Property as follows: 1. PLANS: Developer must develop the Property in conformance with the materials revised and stamp dated January 15, 2025, reviewed and approved by the City Council on January 21, 2025, identified on Exhibit B (hereinafter the “Plans”), subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 3. PLANS FOR INDIVIDUAL HOME CONSTRUCTION: Prior to building permit issuance for each residential structure on each lot of the Property, a Certificate of Survey for such lot must be submitted for review and written approval by the Building Department. The Certificate of Survey must include a certification by the builder that construction of the residence is consistent with this Agreement and all exhibits attached hereto, and must further contain the following information: A. Topography with 2-foot contour intervals for existing and proposed grades. Topography must be field verified. B. Location of structures with finished floor elevations. C. Retaining walls, type, height, and type of details. D. Location of sewer, water, gas and electric lines. E. Method of erosion control. F. Detailed grading plans. G. Reflect no construction or grading within any conservation easement area, private, 3 Marshall Gardens Amended and Restated Development Agreement or public property. H. Reflect no steepening of the natural slopes and walk-out levels that meet natural grade and no more than a 2 foot wide construction area on the lower ground elevation. I. Engineered design for footing, foundation, and retaining walls. 4. CASH PARK FEES: In lieu of dedication of land, Developer must pay cash park fees for 115 lots/units as required by City Code in effect as of the date of the issuance of the Certificate of Occupancy for each lot/unit. Payment of the cash park fees for each lot/unit shall be due prior to the issuance of a Certificate of Occupancy for that lot/unit. The City will conduct an audit from time to time to ensure that all cash park fees are paid for units within the Project. If a Certificate of Occupancy is inadvertently issued without collection of cash park fees, the City will invoice the Developer and Developer agrees to pay the applicable cash park fees within thirty (30) days of the date of invoice. Developer must further provide security for this payment obligation as provided in in paragraph 40. 5. CIC DECLARATION. Prior to the issuance of the first Certificate of Occupancy for a residential structure on a lot located within the Property, Developer must submit to and receive the approval of the City Engineer and the City Planner of the final Declaration of Covenants, Conditions, and Restrictions for the Common Interest Community (CIC) to be recorded against the Property (the “CIC Declaration”). Developer must not record the CIC Declaration until the City Engineer and City Planner have approved the document. The CIC Declaration must include provisions relating to use restrictions, access to utilities, maintenance of common elements by a homeowner’s association (HOA), and other items to ensure that the use and operation of the Property will be consistent with the City’s Approvals. Specifically, the CIC Declaration must address the following: a. Access, use, and maintenance of the private driveways, parking areas, storm sewers, sanitary sewer, watermain, and stormwater management facilities; b. Operation, maintenance, and use of the community garden located as Outlot A, as described in paragraph 21; c. Maintenance of the buffers and screening on Outlot E, as described in paragraph 40. 6. CONVEYANCE OF LAND FOR PUBLIC INFRASTRUCTURE AND OPEN SPACE PRESERVATION: Prior to release of the final plat for the Property, Developer must tender warranty deeds to the City for proposed Outlots B, C and D for review and written approval by the City Engineer. After approval by the City, Developer must file the warranty deeds with the Hennepin County Recorder or Registrar of Titles’ Office as appropriate immediately after the recording of the final plat and prior to recording of any document affecting the Property including but not limited to any mortgage granted by the Developer or owners, their successors and/or assigns, or provide a release thereof from the applicable mortgagee or owner, as applicable. 4 Marshall Gardens Amended and Restated Development Agreement Prior to the issuance of the first building permit for a residential structure on a lot located within the Property, Developer must submit to the City Engineer proof that the warranty deeds have been recorded in the Hennepin County Recorder or Registrar of Titles' Office. The City, at its discretion, may require Developer to provide, at Developer’s cost, an owner’s policy of title insurance in a policy amount reasonably determined by the City insuring marketable title to the same in the name of the City after the dedication or conveyance. Once conveyed to the City, Outlot D shall not be subject to any of the terms and conditions of this Agreement. 7. FINAL PLAT: The final plat of the Property must be recorded with the Hennepin County Recorder and/or Registrar of Titles’ Office, as applicable, within 90 days of approval by the City Council or within 2 years of approval of the preliminary plat, whichever occurs first. If the final plat is not filed within the specified time, the City Council may, upon ten days written notice to the Developer, consider a resolution revoking the approval. Prior to release of the final plat, Developer shall pay for engineering land development services, final plat application and processing fees, and street signs related to the development project area. 8. DEMOLITION: Prior to demolishing any of the existing structures on the Property, Developer must apply for and receive approval of a wrecking permit. Prior to demolition, Developer agrees to allow City staff or members of the City’s Heritage Preservation Commission to photo and video document the structures on the property. 9. DISCLOSURE OF INFORMATION REGARDING FLYING CLOUD AIRPORT: No lot within the Property may be sold or transferred to the first intended residential homeowner, nor an agreement entered into to construct a home on any lot within the Property unless the Developer or its successors or assigns delivers prior to execution of a purchase agreement or an agreement to construct a home on the lot (whichever comes first), a disclosure statement in form and substance as attached as Exhibit D hereto regarding the Flying Cloud Airport. If the initial purchaser of a lot from the Developer is not the initial intended homeowner of a residence to be constructed on the lot, Developer must require by contractual obligation with its initial purchaser the delivery of said disclosure statement to the initial intended residential homeowner prior to execution by the intended homeowner of any agreement to construct a home or agreement to purchase a lot (whichever comes first). 10. EXTERIOR MATERIALS: As part of the building permit application materials, Developer must submit to the City Planner, and receive the City Planner’s written approval of a plan depicting exterior materials and colors to be used on the buildings to be 5 Marshall Gardens Amended and Restated Development Agreement constructed on a lot located within the Property consistent with the Exhibit B Plans. Prior to issuance of any occupancy permit for a residential structure to be constructed on a lot located within Property, Developer must complete implementation of the approved exterior materials and colors plan in accordance with the terms and conditions of Exhibit C. 11. GRADING, DRAINAGE, AND STORMWATER POLLUTION PREVENTION PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in the Plans is conceptual. Prior to the release of a land alteration permit for the Property, Developer must submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan must be prepared and properly signed by a currently licensed Professional Civil Engineer hired by the Developer. The final grading and drainage plan must include: 1. “Stormwater Facilities” as that term is defined in City Code Section 11.55, Subd. 2, including all stationary, temporary, and permanent stormwater BMPs designed, constructed and operated to prevent or reduce the discharge of pollutants in stormwater as well as structures built to collect, convey or store stormwater (“Stormwater Facilities”); and 2. Any other items required with the land alteration permit application and/or by the City Engineer for release of the permit. B. LAND ALTERATION PERMIT: Developer must submit the following with all land alteration, grading and/or filling permit applications as described below and in accordance with City Code: 1. Design calculations for storm water quality, rate, 100-year high water level (HWL), and volume, together with a drainage area map; 2. Logs for geotechnical borings and/or infiltration tests within the footprint of all proposed permanent stormwater management BMPs. Geotechnical borings must extend to a minimum depth of five (5) feet below the proposed bottom of the BMP. If the infiltration rates indicated by the geotechnical borings and/or infiltration tests are more restrictive than the assumptions made in the Stormwater Management Report, the design of the permanent stormwater management BMPs must be amended accordingly and an updated Stormwater Management Report must be provided. 3. Financial security in the form of a bond, cash escrow, or letter of credit, equal to 125% of the cost of the improvements to be made pursuant to the permit, in 6 Marshall Gardens Amended and Restated Development Agreement a format approved by the City and as required by City Code Section 11.55, Subd. 11 (the “Land Alteration Security”); 4. At the request of the City Engineer, a maintenance and monitoring plan must be submitted for all privately owned Stormwater Facilities to ensure they continue to function as designed in perpetuity, pursuant to and in accordance with City Code Section 11.55, Subd. 7 (“Maintenance and Monitoring Plan”). The Maintenance and Monitoring Plan must include, at a minimum: a) The party(s) responsible for maintenance; b) Access plans for inspections, monitoring and/or maintenance; c) Planting plan (if applicable); d) Routine and non-routine inspection procedures; e) Frequency of inspections; f) Sweeping frequency for all parking and road surfaces (if applicable); g) Plans for restoration or repairs (including reduced infiltration when applicable); h) Performance standards; and i) Corrective actions that will be taken if the stormwater facility(s) does not meet performance specifications. 5. Documentation establishing that any Stormwater Facilities constructed and installed under a structure are designed in conformance with the standards outlined in the Minnesota Stormwater Manual published by the Minnesota Pollution Control Agency (the “Minnesota Stormwater Manual”). The underground system must be kept off-line until construction is complete; 6. Erosion and sedimentation control plan; 7. Copy of the Stormwater Pollution Prevention Plan (“SWPPP”) if required by the Minnesota Pollution Control Agency Construction Stormwater Permit; and 8. Infiltration Practices: All proposed practices, measures and methods must be in accordance with the Minnesota Stormwater Manual. For land alteration permit applications for projects that incorporate infiltration practices as part of the Stormwater Facility, this includes but is not limited to: a) Construction management practices that will be used to ensure the infiltration system(s) will be protected during construction and functional after completion of construction; b) Erosion control measures that will be used to delineate and protect the infiltration system(s) during construction; c) Proposed infiltration volumes in cubic feet and rates in inches per hour; d) Methods that will be used for field verification of infiltration for stormwater infiltration systems; 7 Marshall Gardens Amended and Restated Development Agreement e) Methods that will be used to assure that infiltration is restored, if needed; f) Locations for material storage establishing that materials will not be stockpiled or stored within the proposed infiltration area(s); g) Vehicular access and parking routes (must not be allowed within the infiltration area(s)); and h) Construction techniques that will be used to protect the infiltration capacity by limiting soil compaction the greatest extent possible, including use of erosion control fencing to delineate the infiltration area and use of low-impact earth moving equipment. C. STORMWATER FACILITY MONITORING DURING CONSTRUCTION: The Developer must employ the licensed Professional Engineer who prepared the final grading plan or another licensed professional qualified to perform the work (to be approved in writing by the City Engineer) to complete the following: 1. Monitor the construction of Stormwater Facilities and temporary BMPs for conformance to the approved final grading plan, the Minnesota Storm Water Manual, and the SWPPP. 2. Enter all inspection, monitoring, and maintenance activities and/or reports regarding site construction and land alteration permit requirements into the City’s web-based erosion and sediment control permit tracking program (currently PermiTrack ESC). Inspections must be conducted at least bi-weekly between April 1 and October 31 and after precipitation events exceeding 0.5 inches. Inspections must be performed at least weekly during active construction. D. STORMWATER FACILITY MAINTENANCE: Stormwater Facilities must be maintained by the Developer during construction and for a minimum of two (2) full growing seasons after City acceptance of the public infrastructure as determined by the City Engineer. Repairs completed during this time must be done in accordance with the land alteration permit and City Code Section 11.55, Subd. 7. Repairs to privately owned and maintained Stormwater Facilities must be done in accordance with the Maintenance and Monitoring Plan. If the Stormwater Facilities are not functioning as designed at the end of the minimum 2-year period, the City Engineer may extend the Developer’s maintenance responsibility or require further repairs. Once the minimum 2-year period has been reached or the City has determined that the Stormwater Facilities conform to the design criteria established in the land alteration permit and the SWPPP, whichever is longer, the then-current owner of the Property or the HOA will be responsible for all future inspections and maintenance of the Stormwater Facilities in accordance with City Code Section 11.55, Subd. 7. If there is a drainage easement present over the Stormwater 8 Marshall Gardens Amended and Restated Development Agreement Facility(s), the easement holder will be responsible for inspections and maintenance. The Stormwater Facilities noted on the Plans will be privately owned and maintained by Developer and thereafter by the HOA. Prior to release of the Land Alteration Security, an Inspection and Maintenance Agreement for Private Stormwater Facilities in the form attached hereto as Exhibit F must be recorded for all privately owned and maintained Stormwater Facilities. Pervious surfaces must be stabilized with seed and mulch or sod and all impervious surfaces must be completed prior to final grading and planting of the stormwater infiltration systems. E. LAND ALTERATION PERMIT FINANCIAL SECURITY RELEASE: Prior to release of the Land Alteration Security, Developer must complete implementation of the approved SWPPP. Any remaining Land Alteration Security must be released to the person who deposited the Land Alteration Security upon determination by the City that the requirements of City Code Section 11.55 and the conditions of the land alteration permit have been satisfactorily performed. 12. GRADING IN THE WOODED AREAS ON SITE: Prior to grading as delineated on Exhibit B plans, Developer must submit to the City Forester and receive the City Forester's written approval of a plan depicting construction grading limits on the Property. Prior to any grading on the Property, Developer must place a construction fence on the approved construction grading limits. Developer must notify the City 48 hours in advance of grading so that the construction limit fence may be field inspected and approved by the City Engineer and City Forester. Developer must maintain the construction limit fence until the City grants written approval to remove the fence. 13. ELEVATORS: Developer has volunteered to install elevator cars in the multifamily building that meet the minimum size standards of Minnesota State Building Code Section 3002.4. This voluntary undertaking is not subject to the enforcement provisions contained in this Agreement. 14. INTERIOR NOISE MITIGATION PLAN: Prior to issuance of each residential building permit for the Property, Developer must submit to the City Building Official, and obtain the City Building Official’s written approval of plans that establish that each residence is designed to meet the structural performance standards for residential interior sound levels described in the Metropolitan Council’s most current Transportation Policy Plan. 15. IRRIGATION PLAN: If irrigation is installed on the Property, Developer must submit to the City Planner and receive the City Planner’s written approval of a plan for irrigation of the landscaped areas on the Property. The irrigation plan must be designed so that water is not directed on or over public trails and sidewalks. 9 Marshall Gardens Amended and Restated Development Agreement Developer must complete implementation of the approved irrigation plan in accordance with the terms and conditions of Exhibit C. If Developer determines to reuse stormwater retained in Outlots B (Pond # 30-41 B) and C (Pond # 30-41 C), for irrigation purposes, Developer must receive and execute an encroachment agreement with the City for the placement of private improvements on City property. The encroachment agreement must be in a form provided by the City and with terms acceptable to the City Engineer. While the ponds 30-41 B and 30-41 C will be owned and maintained by the City, the proposed stormwater reuse systems for ponds 30-41 B and 30-41 C and all of its appurtenant components will be privately owned, operated, and maintained by the Developer and thereafter by the HOA in perpetuity. Any such reuse system will be a private Stormwater Facility that is subject to the Inspection and Maintenance Agreement for Private Stormwater Facilities as described in paragraph 11.D. The City will not be responsible for ensuring the quantity or quality of water in the ponds is adequate for irrigation reuse. 16. LANDSCAPE & TREE REPLACEMENT PLAN: Prior to issuance of a land alteration permit, the Developer must submit to the City Planner and receive the City Planner’s written approval of an executed landscape agreement and a final landscape or tree replacement plan for the Property. The approved landscape or tree replacement plan must be consistent with the quantity, type, and size of all plant materials shown on the landscape or tree replacement plan on the Exhibit B Plans and including all proposed trees, shrubs, perennials, and grasses. The approved landscape or tree replacement plan must include replacement trees of a 2.5-inch diameter minimum size for a shade tree and a 6-foot minimum height for conifer trees. The approved landscape or tree replacement plan must also provide that, should actual tree loss exceed that calculated herein, Developer must provide tree replacement on a caliper inch per caliper inch basis for such excess loss. Prior to land alteration permit issuance, Developer must also submit to the City Planner and receive the City Planner's written approval of a security in the form of a cash escrow or letter of credit equal to 150% of the cost of the tree and landscape improvements including all proposed trees, shrubs, perennials, and grasses as depicted on the landscape and/or tree replacement plan on the Exhibit B Plans (the “Landscape Security”). The Landscape Security will be held for two full growing seasons after the installation of all plantings and inspection by the City. A growing season is the part of the year during which rainfall and temperature allow plants to grow (approximately April-October). The installation must conform to the approved landscape or tree replacement plan including but not limited to the size, species and location as depicted on the Exhibit B Plans. Any changes proposed to the landscape plan or landscaping installed on the Property, including but not limited to removal and relocation, must be reviewed and approved by the City 10 Marshall Gardens Amended and Restated Development Agreement Planner prior to implementing such changes. Developer must complete implementation of the approved landscape or tree replacement plan as depicted on the Exhibit B Plans and in accordance with the terms and conditions of Exhibit C of this Agreement. The Landscape Security will be released in accordance with the terms of the landscape agreement. 17. MECHANICAL EQUIPMENT SCREENING: Developer must screen all mechanical equipment on the Property. For purposes of this paragraph, “mechanical equipment” includes gas meters, electrical conduits, water meters, and standard heating, ventilating, and air-conditioning units. Financial security to guarantee construction of such screening is included with the Landscape Security. Developer must complete construction of mechanical equipment screening prior to issuance of any occupancy permit for the Property. If, after completion of construction of the mechanical equipment screening, it is determined by the City Planner, in his or her sole discretion, that the constructed screening does not meet City Code requirements to screen mechanical equipment from public streets and differing, adjacent land uses, then the City Planner will notify Developer and Developer must take corrective action to reconstruct the mechanical equipment screening in order to cure the deficiencies identified by the City Planner. Developer agrees that the City will not release the Landscape Security until Developer completes all such corrective measures. 18. MORTGAGEE CONSENT AND SUBORDINATION: For any mortgage lien recorded against the Property prior to recording this Agreement, Developer must deliver to the City a mortgagee consent and subordination in a form approved by the City and attach the executed form to the Agreement submitted for recording. 19. OTHER AGENCY APPROVALS: The Developer must submit copies of all necessary approvals issued by other agencies for the project to the City Engineer. These submittals are required prior to issuance by the City of the corresponding City permit(s). The agencies issuing such approvals include, but are not necessarily limited to the following: the Minnesota Pollution Control Agency, Metropolitan Council Environmental Services, Riley Purgatory Bluff Creek Watershed District, and the Minnesota Department of Health. The City Planner may determine that conditions of approval required by the Riley Purgatory Bluff Creek Watershed District require changes to the City approvals granted with this Agreement which may entail additional City review, including public hearing(s) for recommendation by the Planning Commission and approval by the City Council. Developer consents to such additional review as determined by the City Planner and agrees to an extension pursuant to Minn. Stat. Section 15.99 of an additional 60 days for the additional review. 20. OPEN SPACE BOUNDARIES: Prior to issuance of the first building permit for a residential structure on a lot located within the Property, Developer must permanently demarcate the location of the boundary of Outlot D on each lot property line or corner with 11 Marshall Gardens Amended and Restated Development Agreement permanent four-foot tall posts. A minimum three (3) by eight (8) inch sign reading “Open Space Boundary City of Eden Prairie” must be affixed to the top of the post. 21. COMMUNITY GARDEN: Developer and thereafter the HOA must maintain Outlot A as a community garden for the sole use of the residents of the project. No commercial activity is permitted on Outlot A. Outside storage of gardening equipment is prohibited on the Property. 22. PUD WAIVERS GRANTED: The City hereby grants the following waivers to City Code requirements within the R1-9.5 Zoning District through the Planned Unit Development District Review for Lots 1–2, 4–9, and 12–13, Block 1, of the Property and incorporates said waivers as part of PUD 08-2025-PUD-02-2025: A waiver from the lot area and lot width requirements of 9,500 or 70 feet, respectively, as listed in the table below Block 1 Approved Lot Width Approved Lot Area Lot 1 51 10,793 Lot 2 57 11,396 Lot 3 No waiver Lot 4 60 9,797 Lot 5 61 9,234 Lot 6 60 9,007 Lot 7 61 9,034 Lot 8 61 9,429 Lot 9 61 9,893 Lot 10 No Waiver Lot 11 No Waiver Lot 12 66 10,173 Lot 13 44 10,634 Lot 14 No Waiver 12 Marshall Gardens Amended and Restated Development Agreement Lot 15 No Waiver 23. REMOVAL/SEALING OF EXISTING WELL AND SEPTIC SYSTEMS: Prior to issuance by City of any permit for grading or building on the Property, Developer must submit to the Chief Building Official and to obtain the Chief Building Official's written approval of plans for demolition and removal of existing septic systems and wells on the Property, and restoration of the Property. Prior to such demolition or removal, Developer must provide to the City a deposit in the form of a cashier’s check in the amount of $1,000.00 to guarantee that Developer completes implementation of the approved plan. The City will return to Developer the $1,000.00 deposit at such time as the Chief Building Official has verified in writing that the Developer has completed implementation of the approved plan. 24. RETAINING WALLS: Prior to issuance by the City of any permit for grading or building on the Property, Developer must obtain a building permit for retaining wall construction from the City for any retaining walls greater than four feet in height, measured from the bottom of the footing to the top of the wall. Retaining walls must not be constructed in a drainage or utility easement area. The retaining wall plans submitted with the permit application must include details with respect to the height, type of materials, and method of construction to be used for the retaining walls. Developer must construct the retaining walls in accordance with the terms of the permit and terms and conditions of Exhibit C, attached hereto, prior to issuance of any occupancy permit for the Property. All maintenance and repair of all retaining walls on the Property are the responsibility of the Developer, its successors and assigns, or the HOA. The city will install a retaining wall adjacent to the property as part of the Dell Road project, a portion of which will require an easement for future maintenance. The developer agrees to provide such easement as reasonably necessary. It is the intention that the easement will not extend further into the Property than the D/U easement in that area. 25. TEMPORARY CONSTRUCTION EASEMENT FOR DELL ROAD PROJECT. The City will be undertaking a project to reconstruct and improve Dell Road adjacent to the Property, which will include the construction of retaining walls on City right-of-way immediately adjacent to the Property. Developer agrees to provide to the City any necessary temporary construction easement, with terms approved by the City Engineer, to permit the temporary access to and use of specified portions of the Property for purposes of construction of the road improvements and the City-owned retaining walls. 26. SIGNS: For each sign which requires a permit under Eden Prairie City Code Section 11.70, Developer must obtain a sign permit from the City. The application must include a 13 Marshall Gardens Amended and Restated Development Agreement complete description of the sign and a sketch showing the size, location, the manner of construction, and other such information as necessary to inform the City of the kind, size, material construction, and location of any such sign in accordance with the requirements of City Code, Section 11.70, Subdivision 5. 27. SITE LIGHTING: All parking lot pole lighting must consist of downcast cut-off fixtures. Pole lighting must not exceed 25 feet in height. A three (3) foot base is permitted for a total of 28 feet in height. Developer must complete implementation of the lighting plan in Exhibit B prior to issuance of any occupancy permit for a residential structure on a lot located within the Property. 28. SITE AMENITIES PLAN AND CONSTRUCTION DETAILS: Site amenities must be provided consistent with the Exhibit B Plans and construction of amenities shall be completed prior to the issuance of the initial Certificate of Occupancy. Site amenities to be provided by Developer for the multi-family buildings may include, but are not limited to, the following: community garden area, landscaped open space, plazas, trails, sidewalks, pool and pool deck, dog run, fire pit, grill stations, and interior clubhouses. Some specific site amenities, such as the Central Plaza, East Plaza, pool, and Building 3 Amenity area, may be with a second phase of the development and those site amenities shall not be required to be completed prior to the issuance of a Certificate of Occupancy for a residential structure on a lot located within the Property. 29. SPECIAL ASSESSMENT AGREEMENT: Prior to the release of the final plat for the Property, an assessment agreement with the City, in the form and substance as attached in Exhibit E, must be signed by the owner(s) of the Property for: (1) trunk sewer and water fees on an assessable area of 15.81 acres in the amount of $1,355.14 per lot/unit, for a total of $155,840.90 for 115 lots/ units; (2) the Property’s share of assessments for the Dell Road Improvement Project in the amount of $7,370.43 per lot/ unit, for a total of $847,600.00 for 115 lots/ units; and (3) City’s sewer and water access fees (City SAC and WAC fees) in the amount of $4,505.00 per SAC unit. The total for 115 units is $518,075.00. The amount of trunk sewer and water fees and City SAC and WAC fees are based on the City’s 2025 fee schedule. If the final plat is not released prior to September 17, 2025, and the City thereafter amends the fee schedule to increase the amount of such trunk sewer and water and City SAC and WAC fees or such increase is proposed by staff but has not yet been adopted by the Council, the amount above will be amended to reflect the increased fees. In no event, however, will the City assess the Property for an amount in excess of the trunk sewer and water fees effective January 1 of the year in which the assessment is levied. The number of units are based on a SAC determination by the Metropolitan Council. The per unit amount of City SAC and WAC fees listed above is based on the City’s 2025 fee schedule. Any City SAC and WAC units in excess of 115, as determined by the Metropolitan Council, will be due at the time of building permit at the current years rate. 14 Marshall Gardens Amended and Restated Development Agreement These SAC and WAC fees do not include the SAC fees established by the Metropolitan Council and collected by the City. These fees are due at the time of building permit. There are two special assessments that were previously levied against the Property but were deferred by operation of the Green Acres law, Minn. Stat. § 273.111, as evidenced by a Certificate of Deferral for Special Assessments filed with the Hennepin County Recorder’s Office on March 10, 2008 as Document No. 9107139. The current balance of these two assessments are $1,134.03 and $21,441.95. As provided by Minn. Stat. § 273.111, subd. 11, the deferred assessments will be due within 90 days of the loss of the Property’s Green Acres status. 30. SUSTAINABLE BUILDING STANDARD: Approval of the PUD for this development activates the City’s Sustainable Building Standard requirements for the single-family dwellings. Building plans must incorporate the following features. Developer must complete implementation prior to issuance of any occupancy permit for the Property. A. Installation of one EV-Ready parking space per dwelling unit. EV-Ready means the presence of electrical panel capacity with a dedicated branch circuit and a continuous raceway with conduit terminating in a junction box or 240-volt charging outlet at the future electric vehicle parking spot. B. Roof of each unit is built to meet Solar-Ready Provisions from most recent version of the ICC International Residential Code. Elements include solar-ready zone designation, roof load documentation, interconnection pathway, and reserved space in the electrical service panel. 31. SUSTAINABLE FEATURES: Developer has volunteered to include the following sustainable features in the multi-family buildings to be constructed on Lot 1, Block 2. These voluntary undertakings are not subject to the enforcement provisions of this Agreement. A. Electric Vehicle Charging. Developer will install and provide at all times a minimum of one hundred (100) electric vehicle (EV) ready charging spaces located in the garage level of the multi-family building, location to be approved by the Fire Department. EV-Ready means the presence of electrical panel capacity with a dedicated branch circuit and a continuous raceway with conduit terminating in a junction box or 240-volt charging outlet at the future electric vehicle parking spot. B. Solar Panels. Prior to occupancy of the multi-family buildings, Developer will install solar panels on the south face of the roof of the multi-family buildings as depicted on Exhibit B plans. C. Energy Design Assistance Program. Developer will engage this Xcel Energy program to identify energy and cost savings strategies in new construction projects. 15 Marshall Gardens Amended and Restated Development Agreement D. Efficient Appliances/Fixtures. The Developer will install Energy Star and Water Sense certified appliances and fixtures in the buildings. E. Low VOC Materials. The Developer will use paints, adhesives, sealants, flooring and carpet in the buildings that are low VOC. 32. FIRE SAFETY: Developer has volunteered to and will provide the following elements related to fire safety in the multi-family buildings: A. The HVAC system for the entrance foyers will utilize a positive pressure; B. Manual controls for the garage level will be located at each vehicle entrance; and C. The floor separation between the garage level and the first floor will be 3 hour rated. These voluntary undertakings are not subject to the enforcement provisions contained in this Agreement. 33. PUBLIC IMPROVEMENTS: Prior to issuance by the City of any permit for the construction of public streets, sanitary sewer, water infrastructure, or storm sewer for the Property (the “Public Improvements”), Developer must submit to the City Engineer, and obtain the City Engineer's written approval of plans for the Public Improvements. Plans must be prepared and properly signed by a currently licensed Professional Civil Engineer (Engineer of Record) employed by the Developer. The submitted plans must be of a plan view and profile format on 24” x 36” (or 22” x 34”) plan sheets at 50 scale consistent with City standards. Prior to release of the final plat for the Property, Developer must furnish to the City Engineer and receive the City Engineer’s written approval of financial security equal to 125% of the cost of the Public Improvements. A fee of five percent (5%) of construction value must also be paid to City by Developer for engineering review services. The Developer’s licensed Professional Civil Engineer (Engineer of Record) must provide daily inspection of the Public Improvements, certify completion in conformance to approved plans and specifications, and provide record drawings and testing results. So long as Developer is not in default of the terms and conditions of this Agreement, periodically upon a request by Developer and City’s verification of satisfactory completion of any installed Public Improvements, a like percentage of that portion of the Financial Security covering those specific completed Public Improvements may be released. As provided in City Code § 12.04, subd. 4.B, the City will retain at least 25% of the Financial Security until the Public Improvements have been accepted by the City Engineer and as-built drawings have been received. The Developer shall warrant and guarantee and agree to maintain the stability of all public work and materials done, furnished, and installed under this Agreement for a period of two years. The Developer shall provide a warranty bond in the amount of 25% of the cost of the Public Improvements. Upon completion of the Public Improvements, the City Engineer will issue a letter to the Developer confirming completion and acceptance of the Public 16 Marshall Gardens Amended and Restated Development Agreement Improvements, and the date of the letter shall be the first day of the two-year warranty period. The City Engineer shall deliver such letter within 30 days of Developer’s request or provide a detailed written response to Developer why the City cannot issue such letter. After expiration of the two-year warranty period, the City shall be responsible for the maintenance and repair of the Public Improvements. The City does not waive any rights, claims, or causes of action it may have, if any, regarding any latent defects to the Public Improvements upon the expiration of the two-year warranty period. 34. STREETLIGHTS IN RIGHT-OF-WAY: Streetlighting shall be installed as detailed in the Exhibit B Plans. Developer shall coordinate streetlight installation with the electric service provider. For Minnesota Valley Electric Company’s service area, streetlights shall be Cobra or Decorative Colonial based on the Plans. Developer is responsible for initial construction cost and three years of electrical service costs at the current electrical rate charged by the service provider at the time of release of Final Plat. 35. STRUCTURE SETBACKS FROM 100 YEAR FLOOD ELEVATION: All permanent structures that will abut existing wetlands or stormwater pretreatment ponds must have a minimum setback of 30 feet from the 100-year flood elevation as shown on the Plans. 36. TRASH, RECYCLING, AND ORGANICS: Developer agrees that all trash, recycling, and organic waste bins or receptacles will at all times be located inside of the buildings except on designated pickup days as depicted on the Plans. 37. UTILITY EASEMENTS: In connection with approval and recording of the final plat for the Property, Developer must dedicate drainage and utility easements to the City on the final plat as shown on the Plans. 38. SALT AND SNOW STORAGE: Salt storage is not allowed on the Lot 1, Block 2 unless the Property Owner and any agents, tenants, or contractors employ best management practices to minimize the discharge of polluted runoff from salt storage and: 1. The designated salt storage area is indoors; 2. The designated salt storage area is located on an impervious surface and downgradient from any Stormwater Facilities; and 3. Practices to reduce exposure when transferring material in designated salt storage areas (sweeping, diversions, and/or containment) are implemented. Salt applicators must possess current Smart Salting Level 1 and Level 2 Certification from the Minnesota Pollution Control Agency. The certified individual(s) are responsible for the application of appropriate deicing material at the proper amount and rate. Snow must not be stored in any required parking or stormwater treatment areas. If the Property does not provide adequate snow storage areas, the Developer and/or HOA must remove the snow from the Property. 17 Marshall Gardens Amended and Restated Development Agreement 39. INCLUSIONARY HOUSING. For units on Lot 1, Block 2, at the time of Certificate of Occupancy, Developer will pay Inclusionary Housing fees for the number of units equal to 10% of the units receiving a Certificate of Occupancy with that issuance, at the rate in effect at the time of certificate issuance. In the event that 10% results in a fraction of a unit, it will be rounded up to the next whole number. In no event will the City collect more Inclusionary Housing fees in excess of 10% of the total attached family units constructed. The City will conduct an audit from time to time to ensure that all Inclusionary Housing fees are paid for applicable units within the Project. If a Certificate of Occupancy is inadvertently issued without collection of Inclusionary Housing fees, the City will invoice the Developer and Developer agrees to pay applicable Inclusionary Housing fees within thirty (30) days of the date of invoice. Developer must further provide security for this payment obligation as provided in in paragraph 40. 40. SECURITY FOR DEFERRED PAYMENT OF FEES. Prior to issuance of each building permit for the Project, Developer must provide a letter of credit, or other security as approved by the City Planner, in the amount of 125% of the cash park fees as described in paragraph 4 and the Inclusionary Housing fee as described in paragraph 39, applicable to the number of dwelling units included in the building permit, as security for Developer’s obligation to pay such fees upon issuance of the Certificate of Occupancy as described in those paragraphs. 41. OUTLOT E. Outlot E is created for permanent buffer and screening purposes. Developer agrees and acknowledges that Outlot E will remain undeveloped and that the City will not grant subdivision or other approval for any development of Outlot E in the future. 18 Marshall Gardens Amended and Restated Development Agreement IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. CITY OF EDEN PRAIRIE By___________________________ Ronald A. Case Its Mayor By____________________________ Rick Getschow Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of ________________, 2025, by Ronald A. Case and Rick Getschow, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. _______________________ Notary Public 19 Marshall Gardens Amended and Restated Development Agreement Marshall Gardens , LLC ______________________________ By Curt Fretham Its Chief Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of ____________, 2025, by Curt Fretham, the Chief Manager, of Marshall Gardens , LLC, a Minnesota limited liability company, on behalf of the company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: CITY OF EDEN PRAIRIE 8080 MITCHELL ROAD EDEN PRAIRIE, MN 55344 20 Marshall Gardens Amended and Restated Development Agreement EXHIBIT A DEVELOPMENT AGREEMENT – MARSHALL GARDENS Legal Description Legal Description Before Final Plat The Northeast Quarter of the Southeast Quarter (NE1/4 of SE 1/4) of Section Thirty (30), Township One Hundred Sixteen (116) North, Range Twenty Two (22), West of the 5th Principal Meridian, excepting that part thereof described as follows: Commencing at the Southeast Corner of said Northeast Quarter of the Southeast Quarter (NE 1/4 of SE 1/4) of said Section Thirty (30), and running thence west for a distance of two (2) rods; thence in a northeasterly direction to a point on said Section Line which is two (2) rods north of the point of beginning; thence running south to the point of beginning, Hennepin County, Minnesota. Also excepting that portion of the Northeast Quarter of the Southeast Quarter (NE 1/4 of the SE 1/4) of Section Thirty (30), Township One Hundred Sixteen (116), Range Twenty-two (22), lying south and west of Dell Road as the same is now laid out, Hennepin County, Minnesota. Legal Description After Final Plat Lots 1–15, Block 1, Lot 1, Block 2, and Outlots A, B, C, D, and E, Marshall Gardens, Hennepin County, Minnesota. 21 Marshall Gardens Amended and Restated Development Agreement EXHIBIT B DEVELOPMENT AGREEMENT – MARSHALL GARDENS PLANS LIST OF MATERIALS 1. Project Narrative revised October 3, 2024 by Lakewest Development, LLC 2. Preliminary Plat revised January 10, 2025 by Westwood, sheet S001 3. Existing Conditions and Removals Plan revised 12/26/2024 by Westwood, sheet S002 4. Overall Site Plan revised 12/26/2024 by Westwood, sheet S003 5. Site Plan revised 12/26/2024 by Westwood, sheet S004 6. Civil Cover Sheet revised 12/26/2024 by Westwood, sheet C001 7. Preliminary Grading Plan revised 12/26/2024 by Westwood, sheet C002 8. Preliminary Erosion Control Plan revised 12/26/2024 by Westwood, sheet C003 9. Preliminary Utilities revised 12/26/2024 by Westwood, sheet C004 10. Civil Details revised 12/26/2024 by Westwood, sheet C005 11. Civil Details revised 12/26/2024 by Westwood, sheet C006 12. Civil Details revised 12/26/2024 by Westwood, sheet C007-2 13. Civil Details revised 12/26/2024 by Westwood, sheet C008-2 14. Civil Details revised 12/26/2024 by Westwood, sheet C009 15. Overall Tree Preservation Plan revised 12/26/2024 by Westwood, sheet L001 16. Tree Preservation Plan revised 12/26/2024 by Westwood, sheet L002 17. Tree Preservation Plan revised 12/26/2024 by Westwood, sheet L003 18. Tree Preservation Data revised 12/26/2024 by Westwood, sheet L004 19. Tree Preservation Data revised 12/26/2024 by Westwood, sheet L005 20. Overall Landscaping Plan revised 12/26/2024 by Westwood, sheet L006 21. Overstory and Understory Tree Details revised 12/26/2024 by Westwood, sheet L007 22. Foundation and Dog Park Planting Details revised 12/26/2024 by Westwood, sheet L008 23. Foundation Planting Details revised 12/26/2024 by Westwood, sheet L009 24. Monument, Buffer, and Pool Planting Details revised 12/26/2024 by Westwood, sheet L010 25. Lighting Plan revised 12/26/2024 by Westwood, sheet E001 26. Fire Safety Exhibit dated 1/7/2025 by Westwood, sheet 01 of 01 27. Usable Open Space Exhibit revised 1/07/2025 by Westwood, sheet 01of 01 28. Architectural Coversheet revised 10/04/2024 by Hobbs and Black, sheet A-000 29. Composite Plans and Building Data revised 10/04/2024 by Hobbs and Black, sheet A-010 30. Lower Level Plan West revised 10/04/2024 by Hobbs and Black, sheet A-100 31. Lower Level Plan Center revised 10/04/2024 by Hobbs and Black, sheet A-100.1 32. Lower Level Plan East revised 10/04/2024 by Hobbs and Black, sheet A-100.2 33. Building Type A Plans revised 10/04/2024 by Hobbs and Black, sheet A-101 34. Building Type A Plans revised 10/04/2024 by Hobbs and Black, sheet A-101.1 35. Building Type B/ B1 Plans revised 10/04/2024 by Hobbs and Black, sheet A-102 36. Building Type B/ B1 Plans revised 10/04/2024 by Hobbs and Black, sheet A-102.1 22 Marshall Gardens Amended and Restated Development Agreement 37. Building Type C Plans revised 10/04/2024 by Hobbs and Black, sheet A-103 38. Building Type C Plans revised 10/04/2024 by Hobbs and Black, sheet A-103.1 39. Building Type A Elevations revised 10/04/2024 by Hobbs and Black, sheet A-102 40. Building Type A Material Calcs revised 10/04/2024 by Hobbs and Black, sheet A-102.1 41. Building Type B/ B-1 Elevations revised 10/04/2024 by Hobbs and Black, sheet A-202 42. Building Type B/ B-1 Material Calcs revised 10/04/2024 by Hobbs and Black, sheet A-202.1 43. Building Type C Elevations revised 10/04/2024 by Hobbs and Black, sheet A-203 44. Building Type C Material Calcs revised 10/04/2024 by Hobbs and Black, sheet A-203.1 45. Rendering revised 10/04/2024 by Hobbs and Black, sheet A-301 46. Rendering revised 10/04/2024 by Hobbs and Black, sheet A-302 47. Rendering revised 10/04/2024 by Hobbs and Black, sheet A-303 48. Unit Plan (typ) dated 10/4/2024 by Hobbs and Black, Sheet A-400 49. Traffic Study dated August 27, 2024 by Transportation Collaborative & Consultants 23 Marshall Gardens Amended and Restated Development Agreement EXHIBIT C DEVELOPMENT AGREEMENT – MARSHALL GARDENS 1. The Development Agreement must be recorded with the Hennepin County Recorder and/or Registrar of Titles as applicable prior to release of the final plat or, if no final plat, prior to the issuance of any permit or approval for the development, unless specifically authorized by the City Planner. The final plat will not be released until recording of the Development Agreement is complete, unless otherwise agreed to by the City, in which case the City Attorney will provide a letter with document recording order and instructions that must be complied with by the Developer. 2. Prior to release of the final plat, Developer must submit public infrastructure plans to the City Engineer for approval (1” = 50’ scale). 3. With respect to all portions of the Property which Developer is required to dedicate to the City on the final plat or convey to the City by deed (the “Dedicated or Conveyed Property”), Developer represents and warrants as follows: a. That at the time of dedication or conveyance, title to the Dedicated or Conveyed Property is or will be marketable fee title, free and clear of all mortgages, liens, and other encumbrances, subject to any easements or minor title imperfections acceptable to the City in its discretion (“Marketable Title”). Prior to final plat approval, Developer must provide title evidence satisfactory to the City Attorney establishing Marketable Title. The City, at its discretion, may require Developer to provide, at Developer’s cost, an owner’s policy of title insurance in a policy amount reasonably determined by the City, insuring Marketable Title in the name of the City after the dedication or conveyance. b. That Developer has not used, employed, deposited, stored, disposed of, placed, or otherwise allowed to come in or on the Dedicated or Conveyed Property, any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to those defined in or pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat. § 115B.01, et. seq. (“Hazardous Substances”). c. That Developer has not allowed any other person to use, employ, deposit, store, dispose of, place, or otherwise have, in or on the Dedicated or Conveyed Property, any Hazardous Substances. d. That, to Developer’s knowledge, no previous owner, operator, or possessor of the Property deposited, stored, disposed of, placed, or otherwise allowed in or on the Dedicated or Conveyed Property any Hazardous Substances. Developer agrees to indemnify, defend, and hold harmless City, its successors and assigns, 24 Marshall Gardens Amended and Restated Development Agreement against any and all loss, costs, damage, or expense, including reasonable attorney’s fees, that the City incurs because of the breach of any of the above representations or warranties or resulting from or due to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to have been, used, employed, deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated or Conveyed Property by Developer, its employees, agents, contractors, or representatives. 4. Developer must submit detailed construction and storm sewer plans to the relevant Watershed District for review and approval. Developer must follow all rules and recommendations of said Watershed District. 5. Developer must provide written notice to all private and public utilities prior to the commencement of any improvements on the Property. 6. The City will not issue any building permit for the construction of any building, structure, or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. Developer’s obligation to address all requirements of this Exhibit C will continue to apply notwithstanding the City’s issuance of permits or approvals for the Property. 7. Prior to release of the first building permit for the Property, and for any subsequent building permit for the Property if required by the City in its sole discretion, Developer must submit to the City Engineer for approval a master grading plan (1" =100' scale) showing existing and proposed contours, proposed streets, and lot arrangements and size, minimum floor elevations on each lot, preliminary alignment and grades for sanitary sewer, water main, and storm sewer, 100-year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots, location of walks, trails, and any property deeded to the City. 8. Prior to building permit issuance, Developer must pay all fees associated with the building permit to the Building Inspections Division, including: building permit fee, plan check fee, State surcharge, metro system access charge (SAC), and other applicable fees, excluding cash park fees, Inclusionary Housing fees, and City SAC and WAC fees, which must be paid or specially assessed as provided elsewhere in this Agreement. Developer must contact the Metropolitan Council to determine the number of SAC units. 9. Prior to building permit issuance and except as otherwise authorized in the approved Plans, all existing structures must be properly removed as required by City Code, with necessary permits obtained through the Building Inspections Division. 10. Prior to building permit issuance and except as otherwise authorized in the approved Plans, any wells and septic systems on the Property must be properly abandoned or removed as required by City Code and Hennepin County ordinance, with necessary permits obtained through the Inspections Division. 25 Marshall Gardens Amended and Restated Development Agreement 11. Prior to building permit issuance, Developer must provide an ALTA survey or site plan completed by a licensed surveyor or engineer (1" = 50’ scale) showing proposed building locations and all proposed streets, with approved street names, lot arrangements, and property lines. 12. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof, Developer, for itself, its successors, and assigns, will not oppose the City’s reconsideration and rescission of any Rezoning, Planned Unit Development review, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. 13. This Agreement will run with the land and be binding upon and enforceable against the Property and the Owners, their successors and assigns of the Property. 14. This Agreement is a contract between the City and the Developer. No provision of this Agreement inures to the benefit of any third person, including the public at large, so as to constitute any person as a third-party beneficiary of the Agreement or of any one or more of its terms, or otherwise give rise to any cause of action for any person not a party to this Agreement. 15. Developer acknowledges that the obligations of Developer contemplated in this Agreement are special, unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision of this Agreement, City may be without an adequate remedy at law. Developer agrees, therefore, that in the event Developer violates, fails, or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold permits or other City approvals, or rescind or revoke any approvals granted by the City. No remedy conferred in this Agreement is intended to be exclusive and each will be cumulative and will be in addition to every other remedy. The election of anyone or more remedies will not constitute a waiver of any other remedy. 16. No failure of the City to comply with any term, condition, or covenant of this Agreement will subject the City to liability for any claim for damages, costs or other financial or pecuniary charges. No execution on any claim, demand, cause of action or judgment may be levied upon or collected from the general credit, general fund or taxing powers of the City. 17. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. 18. The Developer grants the City, its agents, employees, officers, and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the City in 26 Marshall Gardens Amended and Restated Development Agreement conjunction with this Agreement. 19. Developer will pay upon demand to the City all costs reasonably incurred by the City in conjunction with the Applications. These costs include internal City administrative, planning and, engineering costs and consulting costs, including but not limited to legal, engineering, planning and financial, in review, investigation, administering and processing the Applications and implementation of the approvals granted by the City. 20. The City is hereby granted the option, but not the obligation, to complete or cause completion in whole or part of the Developer’s obligations under this Agreement for which a bond, letter of credit, cash deposit or other security ( “Security”) is required if the Developer defaults with respect to any term or condition in this Agreement for which Security is required and fails to cure such default(s) within ten (10) days after receipt of written notice thereof from the City; provided however if the nature of the cure is such that it is not possible to complete the cure within ten (10) days, it will be sufficient if the Developer has initiated and is diligently pursuing such cure. The Developer acknowledges that the City does not assume any obligations or duties of the Developer with respect to any contracts or agreements with third parties relating to the improvements unless otherwise agreed in writing by the City. The City may draw down on or make a claim against the Security, as appropriate, upon five (5) business days’ notice to the Developer, for any violation of the terms of this Agreement or if the Security lapses prior to the end of the required term. If the obligations for which Security is required are not completed at least thirty (30) days prior to the expiration of the Security and if the Security has not been renewed, replaced or otherwise extended beyond the expiration date, the City may also draw down or make a claim against the Security as appropriate. If the City draws down or makes a claim against the Security, the proceeds will be used to cure the default(s) and to reimburse the City for all costs and expenses, including attorney fees, incurred by the City in enforcing this Agreement. 21. In the event of a violation of City Code relating to use of the Property and construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement, City will give 24 hours’ notice of such violation, or such longer period as determined by the City in its discretion given the nature of the violation, in order to allow a cure of such violation. The City need not issue a building or occupancy permit for construction or occupancy on the Property while such a violation is continuing. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement will be determined solely and conclusively by the City Manager or his or her designee. 22. Developer will release, defend, and indemnify City, its elected and appointed officials, employees, and agents from and against any and all claims, demands, lawsuits, complaints, 27 Marshall Gardens Amended and Restated Development Agreement loss, costs (including reasonable attorneys’ fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and agents. Developer will not be released from its responsibilities to release, defend, and indemnify because of any inspection, review, or approval by City. 23. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning, and Chapter 12, Subdivision Regulations, of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. 24. Developer agrees that the Property will be operated in a manner meeting all applicable noise, vibration, dust and dirt, smoke, odor and glare laws and regulations. Developer further agrees that the facility upon the Property will be operated so noise, vibration, dust and dirt, smoke, odor, and glare do not go beyond the Property boundary lines in violation of applicable laws or regulations. 28 Marshall Gardens Amended and Restated Development Agreement EXHIBIT D DEVELOPMENT AGREEMENT – MARSHALL GARDENS Disclosure of Information Developer must cause the following notice to be given, either from Developer itself or Developer’s successor(s)-in-interest to any portion of the Property, to all residential home purchasers of lots within the Property who intend to be the first occupant of a residence on such lot, prior to the execution of a purchase agreement or agreement to construct a residence on a lot within the Property, whichever occurs first: The Property is located near the Flying Cloud Airport, a public use airport owned and operated by the Metropolitan Airports Commission. The Airport is available 24 hours a day, year round. The Airport operates two parallel east/west runways, and a north/south crosswind runway, all of which are lighted. The Airport accommodates aircraft operations from single and multi-engine propeller aircraft; corporate jet aircraft; helicopters; and pilot training facilities; which may affect the Property. Further information regarding the airport can be obtained from the Airport Manager, Telephone No,: 952-944-1035. 29 Marshall Gardens Amended and Restated Development Agreement EXHIBIT E DEVELOPMENT AGREEMENT – MARSHALL GARDENS Agreement Regarding Special Assessments THIS IS AN AGREEMENT MADE THIS ____ day of ___________, 2025, between the City of Eden Prairie, a municipal corporation, (the “City”), and Marshall Gardens , LLC, a Minnesota limited liability company (the “Owner”). A. The Owner holds legal and equitable title to property described as Lots 1–15, Block 1, Lot 1, Block 2, Outlot A, and Outlot E, Marshall Gardens, Hennepin County, Minnesota, which property is the subject of this Agreement and is hereinafter referred to as the “Property”. B. The Owner desires to develop the Property in such a manner that relies upon the City's trunk utility system, including trunk sanitary sewers, trunk watermains, wells, elevated storage facilities and a water treatment plant (all of which is hereafter referred to as the “Utility Improvement”). C. The Owner further desires to develop the Property in such a manner that relies upon and requires the construction of street and utility improvements on Dell Road, adjacent to the Property (the “Dell Road Improvements”). D. The Owner further desires to develop the Property in such a manner that requires payment of charges relating to the availability and access to the City’s sewer and water systems (“SAC and WAC Fees”). E. The parties hereto desire to enter into this Agreement concerning the financing of the construction of the Utility Improvements, the Dell Road Improvements, and the SAC and WAC Fees (collectively, the “Improvements”), all of which will inure to the benefit of the Property. AGREEMENTS IT IS HEREBY AGREED as follows: 1. The Owner consents to the levying of special assessments against the Property in the following amounts: a. $155,840.90 for the Utility Improvements; and b. $847,600.00 for the Dell Road Improvements. 30 Marshall Gardens Amended and Restated Development Agreement c. $518,075.00 for the SAC and WAC fees (which equals $4,505 per residential lot/unit). The amount of the Utility Improvements and SAC and WAC fees may be increased as provided in paragraph 29 of the Amended and Restated Development Agreement between Owner and City dated ___________, 2025 and Owner hereby consents to the levying of special assessments in such increased amounts. 2. The City’s assessment records for the Property will show the assessments as “pending assessments” until levied. 3. The interest rate on the assessments will be determined by adding two (2) percent to the interest rate for a 20-year AAA rated bond at the time the assessment is levied. Interest rates are confirmed and adjusted annually in October when special assessments are levied. All special assessments are charged 14 months interest for the first year to include November and December after City Council’s approval and the full next calendar year. 4. The Owner waives notice of any assessment hearing to be held at which hearing or hearings the assessments are to be considered by the City Council and thereafter approved and levied. 5. The Owner concurs that the benefit to the Property by virtue of the Improvements to be constructed exceeds the amount of the assessment to be levied against the Property. The Owner waives all rights it has by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of the assessments, or the procedures used by the City in apportioning the assessments and hereby releases the City, its officers, agents, and employees from any and all liability related to or arising out of the imposition or levying of the assessments. 6. This Agreement shall be effective immediately. 7. This Agreement may not be terminated or amended except in writing executed by both parties hereto, provided however upon the levying of the special assessments contemplated by Paragraph 1 hereof the City may upon request of the owner of the property affected, without the necessity of further City Council approval, unilaterally prepare and provide to the owner for recording a document releasing any property so levied from this Agreement. 8. This Agreement constitutes a lien on the Property: (1) in the amount of $155,840.90 until such time as the assessment for the Utility Improvements referred to above are levied; (2) in the amount of $847,600.00 until such time as the assessment for the Dell Road Improvements referred to above are levied; and in the amount of $518,075.00 until such time as the assessment(s) for the SAC and WAC fees are levied. 31 Marshall Gardens Amended and Restated Development Agreement OWNER CITY OF EDEN PRAIRIE A Minnesota A Minnesota Municipal Corporation By: NOT TO BE SIGNED By: NOT TO BE SIGNED Ronald A. Case Its Mayor By: NOT TO BE SIGNED Rick Getschow Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ______ day of ____________, 202__, by Ronald A. Case, the Mayor, and Rick Getschow, the City Manager, of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ______ day of ___________, 2022, by the , a Minnesota , on behalf of the . Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 32 Marshall Gardens Amended and Restated Development Agreement EXHIBIT F DEVELOPMENT AGREEMENT – MARSHALL GARDENS Inspection and Maintenance Agreement for Private Stormwater Facilities This Inspection and Maintenance Agreement (“Agreement”) is made and entered into this ____ day of , of the year, 20___, by and between __________________, a ____________________, its successors and assigns (hereinafter called the “Owner”, whether one or more) and the City of Eden Prairie, a Minnesota municipal corporation (hereinafter called “City”). WITNESSETH, that WHEREAS, the City is required by federal and state surface water quality regulations and its National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) permit to prevent surface water quality degradation from development and redevelopment activities within its jurisdiction; WHEREAS, the City has adopted stormwater regulations as required by the MS4 permit and such regulations are contained in Section 11.55 of the Eden Prairie City Code; WHEREAS, a structural stormwater Best Management Practice (BMP) is defined in the MS4 General Permit as "a stationary and permanent BMP that is designed, constructed and operated to prevent or reduce the discharge of pollutants in stormwater.” These may include, but are not limited to green roofs, permeable pavement, bioretention basins, rain gardens, infiltration basins, sand filters, stormwater ponds, manufactured treatment devices, and structures that perform chemical treatment of stormwater; WHEREAS, “structural stormwater BMPs” are called “stormwater facilities” in Section 11.55, Subd. 2 of Eden Prairie City Code; WHEREAS, the Owner is the fee owner of real property located at _____________(property address and/or PID)_____________________ and legally described on the attached Exhibit A (“Property”); 33 Marshall Gardens Amended and Restated Development Agreement WHEREAS, the Owner has constructed or will construct certain stormwater facilities on the Property that have been approved by the City in accordance with City Code; WHEREAS, some or all of the stormwater facilities on the Property serve private property and are not owned, operated or maintained by the City (“Private BMPs”). A drawing showing the general area of Private BMPs is attached to this Agreement as Exhibit B for ease of identification; WHEREAS the City’s MS4 Permit requires the City to have an executed legal mechanism for the inspection and maintenance of Private BMPs; and WHEREAS, Owner intends to transfer ownership and responsibility for the Private BMPs to a homeowner’s association (“HOA”) that has or will be established for the Property, as described in a Common Interest Community (CIC) Declaration that has or will be recorded against the Property. NOW, THEREFORE, in consideration of the benefits received by the Owner as a result of the approval by the City, the Owner does hereby covenant and agree with the City as follows: 1. The Owner or the HOA will provide long-term maintenance and continuation of the Private BMPs identified in Exhibit B, to ensure that all Private BMPs are and remain in proper working condition in accordance with the original design specifications. The Owner or HOA must perform inspection and maintenance activities utilizing the checklists provided in Exhibit C (or similar, approved in advance by City staff), as well as the recommendations set forth in the Minnesota Stormwater Manual. 2. Following final acceptance of the construction by the City, the Owner or HOA must maintain a copy of this Agreement on site, together with a record of all inspections and maintenance actions required by this Agreement. The Owner or HOA must document the inspections, remedial actions taken to repair, modify or reconstruct the system, the state of the Private BMPs, and notify the City of any planned change in ownership or management of the system. 3. All Private BMPs must undergo, at a minimum, one (1) inspection annually for two (2) years after completion and final acceptance of the construction. After two (2) annual inspections are approved by the City in writing, all private BMPs must undergo, at a minimum, one (1) inspection every five (5) years to document maintenance and repair needs and ensure compliance with the requirements of this Agreement and all federal, state and local regulations. An inspection report for each inspection must be filed with the City through its website within ninety (90) days of the inspection. The inspection frequency may be increased as deemed necessary by the City to ensure proper functioning of the Private BMPs. 34 Marshall Gardens Amended and Restated Development Agreement 4. If the City’s NPDES permit is revised in a way that directs the City to manage stormwater treatment systems differently than specified in this Agreement, the direction of the NPDES permit will supersede and override the provisions of this Agreement. 5. The Owner hereby grants permission to the City, its authorized agents, contractors, and employees the right of ingress, egress and access to enter the Property at reasonable times and in a reasonable manner for the purpose of inspecting Private BMPs. The Owner hereby grants to the City the right to enter the Property to install and maintain equipment to monitor or test the performance of the Private BMPs for quality and quantity upon reasonable notice to the Owner or HOA. Whenever possible, the City will notify the Owner or HOA prior to entering the Property and will use its best efforts not to disturb the Owner’s use and enjoyment of the Property while conducting such inspections. 6. In the event the City determines that the Private BMPs are not being maintained in good working order, the City will give written notice to the Owner or HOA to repair, replace, reconstruct or maintain the Private BMPs within a reasonable time, not to exceed 30 days. If the Owner or HOA fails to comply with the City’s notice within the time specified, Owner or HOA authorizes the City or its agents to enter the Property to repair, reconstruct, replace or perform maintenance on the Private BMPs at the Owner’s or HOA’s expense. It is expressly understood and agreed that the City is under no obligation to maintain or repair any Private BMPs, and in no event will this Agreement be construed to impose any such obligation on the City. 7. In the event the City, pursuant to this Agreement, performs work of any nature on Private BMPs on the Property, or expends any funds in the performance of said work for labor, use equipment, supplies, materials, and the like, the Owner or HOA will reimburse the City upon demand, within thirty (30) days of receipt of written request for reimbursement for all costs incurred by the City. If the City has not received payment from the Owner or HOA by the end of the thirty (30) day period, the City may use any other remedies available by law to collect the amount due from the Owner or HOA, and may also recover and collect from Owner or HOA the reasonable expenses of collection, including court costs, and attorney fees. 8. It is the intent of this Agreement to assure the City of proper maintenance of Private BMPs on the Property by the Owner or HOA; provided, however, that this Agreement will not be deemed to create or affect any additional liability of any party for damage alleged to result from or be caused by the Private BMPs or stormwater management practices on the Property. 9. The Owner and the Owner’s heirs, executors, administrators, assigns, and any other successors in interest, or HOA will indemnify and hold the City and its agents and 35 Marshall Gardens Amended and Restated Development Agreement employees harmless for, and defend against at its own expense, any and all damages, accidents, casualties, occurrence, claims, and expenses, including reasonable attorney’s fees, which might arise or be asserted, in whole or in part, against the City from the construction, presence, existence, or maintenance of the Private BMPs subject to this Agreement. In the event a claim is asserted against the City, its officers, agents or employees, the City will notify the Owner or HOA, who must defend at Owner’s or HOA’s expense any suit or other claim against the City with counsel acceptable to the City. 10. No waiver of any provision of this Agreement will affect the right of any party to enforce such provision or to exercise any right or remedy available to it in the event of another party’s default. 11. The Owner must record this Agreement with the Hennepin County Recorder and/or Registrar of Titles’ Office, as appropriate. This Agreement constitutes a covenant running with the land and will be binding upon the Owner and the Owner’s heirs, administrators, executors, assigns, and any other successors in interest to the Property, and the HOA. 12. The Owner or HOA must have the Private BMPs inspected in accordance with Section 11.55 of City Code and certify to the City that the constructed facilities conform to the approved stormwater management plan for the Property. If the constructed condition of the Private BMP or its performance varies significantly from the approved plan, appropriately revised calculations must be provided to the City and the plan must be amended accordingly. 13. The Owner agrees that for any Private BMPs to be maintained by the HOA, deed restrictions and covenants for property included in the HOA will: (a) include mandatory membership in the HOA responsible for providing maintenance of the Private BMPs; (b) require the HOA to maintain the private BMPs; (c) prohibit termination of this maintenance responsibility by unilateral action of the HOA; and (d) provide for unpaid dues or assessments to constitute a lien upon the property of individual owners within the HOA upon recording a notice of non-payment. 14. This Agreement must be re-approved and re-executed by the City if all or a portion of the Property is subdivided or assembled with other property or if Private BMPs or their drainage areas are modified, causing decreased effectiveness. New, repaired, or improved Private BMPs must be implemented to provide equivalent or better treatment when compared with the original structural stormwater BMPs. 15. The Owner or HOA must sweep all private streets, driveways, sidewalks, trails and parking areas within the Property as delineated in Exhibit B at least once each year, either in the spring following snowmelt or in the fall after leaf fall. 16. The Owner or HOA must submit inspection and maintenance records for each Private BMP 36 Marshall Gardens Amended and Restated Development Agreement to the City's Water Resources Coordinator through the City’s website at the frequency required in this Agreement. The Owner or HOA may use the inspection and maintenance checklists found in Exhibit C, or similar documentation as approved by the City. 17. The City may seek any remedy in law or equity against the Owner or HOA for a violation of this Agreement. 18. In the event that this Agreement is inconsistent with Eden Prairie City Code regarding the inspection and maintenance of Private BMPs, the provisions which provide greater protection for water resources, as determined by the City in its discretion, will prevail. 19. The recitals set forth above are expressly incorporated herein. (signatures on following pages) 37 Marshall Gardens Amended and Restated Development Agreement IN WITNESS WHEREOF, Owner and the City have entered this Agreement as of the date written above. OWNER NOT TO BE SIGNED By: ______________________________ Its: ______________________________ STATE OF MINNESOTA ) ) ss. COUNTY OF ___________ ) The foregoing instrument was acknowledged before me this ____ day of ____________, 20__, by _______________________________________, the , of ________________, a _______________________, on behalf of the company. Notary Public 38 Marshall Gardens Amended and Restated Development Agreement CITY OF EDEN PRAIRIE By NOT TO BE SIGNED Ronald A. Case Its Mayor By NOT TO BE SIGNED Rick Getschow Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of ________________, 20__, by Ronald A. Case and Rick Getschow, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. _______________________ Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 39 Marshall Gardens Amended and Restated Development Agreement EXHIBIT A: Legal Description of Property EXHIBIT B: Map of Private BMPs on Property, including City water body identification number and areas requiring street sweeping EXHIBIT C: City of Eden Prairie Private Stormwater BMP Inspection Checklist and Maintenance Checklist 40 Marshall Gardens Amended and Restated Development Agreement Private Stormwater BMP Inspection Checklist Date Inspection Finished: Inspector Name: Inspector Email: Site Name and Address: Description/Type of BMP: BMP Location: City ID for BMP: INSPECTION CHECKLIST Complete at least 1 inspection annually for 2 years after final acceptance of construction; at least 1 every 5 years thereafter. Complete a separate checklist for EACH private stormwater BMP. When complete, email to stormwater@edenprairie.org. Inspected? (date) Item Maintenance Required? Notes Take at least 2 photos of BMP before inspecting. Submit with this form to City. Yes No << Overall assessment of BMP. (If any maintenance is required, Yes. If not, No.) Does the BMP appear to function as designed? Yes No Is there erosion/damage on side slopes and/or around inlets and/or outlets that requires repair? Yes No Do any structures (e.g., flared- end sections, standpipes, drain tiles, concrete aprons) require repair? Yes No Do any pre-treatment areas (e.g., forebay, sump, filter strip, rock) have accumulated sediment, trash and/or debris? Yes No Is there anything in or around the BMP that looks or smells unusual (e.g., oil, paint, foamy)? Yes No If it appears to require immediate attention, call 911. Also, take photos if “Yes.” Is there accumulation of sediment, trash and/or debris in the main/deepest part of the BMP? Yes No Are paved surfaces draining to Yes No 41 Marshall Gardens Amended and Restated Development Agreement basin free of sediment and debris? Is water standing in the BMP more than 48 hours when it should be infiltrating? Yes No N/A Does dead vegetation need to be removed? Any vegetation to be mowed/trimmed? Weeds to be sprayed or removed? Yes No Is replanting of vegetation or seeding necessary? Yes No Is wood mulch at least 3” deep (where required)? Yes No N/A Does anything you observed pose a hazard to the public? Yes No Have you received any neighbor complaints about this BMP since the last inspection? Yes No Additional Notes: 42 Marshall Gardens Amended and Restated Development Agreement Private Stormwater BMP Maintenance Checklist Date Maintenance Finished: Operator Name: Operator Email: Description/Type of BMP: BMP Location: City ID for BMP: MAINTENANCE CHECKLIST Any items from “Inspection Checklist” that require follow-up must be completed and documented. Complete a separate checklist for EACH private stormwater BMP. When complete, email to stormwater@edenprairie.org. Maintenance Complete (date) Item Notes Repair erosion/damage on side slopes and/or around inlets and outlets. Repair any damaged/failing structures (e.g., flared-end sections, standpipes, drain tiles, concrete aprons). Clean any pre-treatment areas (e.g., forebay, sump, filter strip, rip rap). All flowing or standing water and adjacent areas looks and smells normal. Maintain basin. Remove any sediment, trash and/or debris. Paved surfaces draining to basin swept and kept free of sediment and debris. Loosen, aerate, or replace soils to ensure water infiltrates within 48 hours. Remove any dead vegetation, trim live vegetation if needed, and remove weeds. Add wood mulch to keep 3” depth or replace mulch, as applicable. 43 Marshall Gardens Amended and Restated Development Agreement Replace dead plants/vegetation. Manage native vegetation through mowing, spot spraying weeds and/or prescribed burning. Water as needed. BMP functions as designed. Any hazards to the public resolved. Take at least 2 photos of BMP after maintenance. Submit with this form to City. Additional Notes: CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2025-____ A RESOLUTION FOR CONDITIONAL APPROVAL OF THE DEVELOPMENT AGREEMENT FOR MARSHALL GARDENS WHEREAS, the Developer has requested to sign and execute the Development Agreement for Marshall Gardens (the “Project”) at the closing of Developer’s purchase of the property at 9905 Dell Road; and, WHEREAS, the City is amenable to allowing the Developer to sign and execute the Development Agreement at the closing; and, WHEREAS, the approval of this Agreement, second reading of Ordinance No ____ , and Resolution No granting Site Plan approval are contingent upon receipt by the City Manager of documentation acceptable to the City Manager that Marshall Gardens, LLC has acquired fee simple interest in the Property as defined in the Development Agreement. If the City Manager does not receive such documentation on or prior to December 5, 2025, the above Ordinance, Resolution, and approvals are null and void and of no further effect. The City Council may, but is not required to, take such further action to confirm that the Ordinance, Resolution, are null and void and of no further effect; and, WHEREAS, the City Council has reviewed the Project at a public hearing at its January 21, 2025, meeting. WHEREAS, the City Council has reviewed the Revised and Restated Development Agreement for the Project at its September 2, 2025, meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that the Development Agreement between Marshall Gardens, LLC and the City of Eden Prairie is conditionally approved by the City Council on September 2, 2025, and is conditioned upon the Developer providing the City Manager documentation that Marshall Gardens LLC has acquired fee simple interest in the Property. If the City Manager does not receive such documentation on or prior to December 5, 2025, the above Ordinance, Resolution, and approvals are null and void and of no further effect. The City Council may, but is not required to, take such further action to confirm that the Ordinance, Resolution, are null and void and of no further effect. ADOPTED by the City Council of the City of Eden Prairie this 2nd day of September, 2025. __________________________ Ronald A. Case, Mayor ATTEST: ___________________________ David Teigland, City Clerk City Council Agenda Cover Memo Date: September 2, 2025 Section: Consent Calendar Item Number: VII.E. Department: Public Works/Utilities Division – Joe Dusek, Water Plant Supervisor ITEM DESCRIPTION Approve purchase of Supervisory Control and Data Acquisition (SCADA) software from Inductive Automation in the amount of $24,102.00. REQUESTED ACTION Move To: Approve purchase of SCADA software for the water treatment plant from Inductive Automation in the amount of $24,102.00. SUMMARY Synopsis The City of Eden Prairie Utilities Division obtained quotes from two SCADA software companies for the SCADA software upgrade at the water treatment plant. The lowest quote was offered by Inductive Automation. Staff recommends acceptance of the quote in the amount of $24,102.00 to be paid from funds in our Capital Improvement Plan. Background Information The water treatment plant SCADA system is a system of software and hardware used to monitor and control plant processes. SCADA systems gather real-time data from sensors and equipment, enabling operators to monitor and manage processes, and make informed decisions to improve efficiency and productivity. Upgrading our SCADA software will enhance security, improve efficiency, and we will be better integrated with modern technologies. ATTACHMENTS Recommendation Letter with Bid Summary Copy of Contract July 11, 2025 Rick Wahlen Utilities Operations Manager City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 RE: Letter of Recommendation Water Treatment Plant SCADA Software Upgrade – Software Procurement City of Eden Prairie, MN Dear Mr. Wahlen, On behalf of the City of Eden Prairie, Advanced Engineering and Environmental Services, LLC (AE2S) reviewed the attached quotes for the Water Treatment Plant Supervisory Control and Data Acquisition (SCADA) Software from AVEVA and Inductive Automation. Each quote includes the necessary software licensing to implement the desired SCADA architecture with multiple workstations, redundancy, and data historian, as well as yearly software support. These quotes do not include the programming and startup of the new SCADA software, as that will be completed separately. The AVEVA software quote is provided as a three-year term, which includes software licensing and yearly software support. These costs are broken down as $16,842 for year 1, $17,682 for year 2, and $18,564 for year 3. Totaling $53,088 for the first three years. The Inductive Automation software quote is provided as a single year term. The first year would include software licensing ($20,085) and the first year of software support ($4,017), at a cost of $24,102. Assuming a 5% increase year to year for the software support (TotalCare), the year 2 costs would be approximately $4,218, and the year 3 costs would be approximately $4,429. Totaling $32,749 for the first three years. Based on a review of the quotes, AE2S recommends that the City of Eden Prairie procure the SCADA software from Inductive Automation at a price of $24,102, for the first year. AE2S truly appreciates the opportunity to continue working with you on this very important project for the City of Eden Prairie. Should you have any questions or comments please feel free to contact me. Sincerely, AE2S Anthony Pittman Lead I&C Specialist Attachments: AVEVA (GS Systems) Quote #Q29445 Inductive Automation Quote #1380456 Order Form City of Eden Prairie Quote #1380456 THIS QUOTE, AND ANY RELATED SALE, IS NULL AND VOID IF ALTERED IN ANY MANNER BY ANYONE OTHER THAN AUTHORIZED INDUCTIVE AUTOMATION PERSONNEL. THIS QUOTE IS VALID ONLY TO THE PARTY TO WHOM IT IS ISSUED AND IS NOT VALID AND MAY NOT BE TRANSFERRED TO ANY OTHER PARTY Page 1 of 3 Fax (916) 932-1194 inductiveautomation.com Ph (800) 266-7798 Intl (916) 456-1045 Inductive Automation 90 Blue Ravine Road Folsom, CA 95630 USA Product TotalQtyPrice Bill To: Joe Dusek Water Plant Supervisor 14100 Technology Drive Eden Prairie, MN 55344 952-294-5902 jdusek@edenprairie.org Ship To: Joe Dusek Water Plant Supervisor 14100 Technology Drive Eden Prairie, MN 55344 952-294-5902 jdusek@edenprairie.org Ignition Custom Package 8.1 - Ignition Platform - OPC UA Server Module - Core Drivers - Symbol Factory - Vision Module - SQL Bridge Module - Tag Historian $13,390.00 1 $13,390.00 Ignition Custom Package 8.1 redundant - Ignition Platform - OPC UA Server Module - Core Drivers - Symbol Factory - Vision Module - SQL Bridge Module - Tag Historian $6,695.00 1 $6,695.00 TotalCare Support Plan: City of Eden Prairie Term: Jun 17, 2025 - Sep 15, 2026 Includes 90 days of free Post-Sales Support Get peace of mind for the entire year with phone, email, and web access to our technical support reps, free software upgrades, and 10% discounts on training courses. $4,017.00 1 $4,017.00 Price $24,102.00 Subtotal $24,102.00 Sales Tax $0.00 Total $24,102.00 USD Quote valid: June 18, 2025 - September 1, 2025 Payment Terms: Net 30 Order Form City of Eden Prairie Quote #1380456 THIS QUOTE, AND ANY RELATED SALE, IS NULL AND VOID IF ALTERED IN ANY MANNER BY ANYONE OTHER THAN AUTHORIZED INDUCTIVE AUTOMATION PERSONNEL. THIS QUOTE IS VALID ONLY TO THE PARTY TO WHOM IT IS ISSUED AND IS NOT VALID AND MAY NOT BE TRANSFERRED TO ANY OTHER PARTY Page 2 of 3 Fax (916) 932-1194 inductiveautomation.com Ph (800) 266-7798 Intl (916) 456-1045 Inductive Automation 90 Blue Ravine Road Folsom, CA 95630 USA Comments Notes This quote was generated on June 18, 2025The software is delivered electronically. Please send purchase order to: Your Account Manager, Vannessa Garcia vannessa@inductiveautomation.com THANK YOU! Quote valid: June 18, 2025 - September 1, 2025 Payment Terms: Net 30 Order Form City of Eden Prairie THIS QUOTE, AND ANY RELATED SALE, IS NULL AND VOID IF ALTERED IN ANY MANNER BY ANYONE OTHER THAN AUTHORIZED INDUCTIVE AUTOMATION PERSONNEL. THIS QUOTE IS VALID ONLY TO THE PARTY TO WHOM IT IS ISSUED AND IS NOT VALID AND MAY NOT BE TRANSFERRED TO ANY OTHER PARTY Page 3 of 3 Fax (916) 932-1194 inductiveautomation.com Ph (800) 266-7798 Int l (916) 456-1045 Inductive Automation 90 Blue Ravine Road Folsom, CA 95630 USA Signature: Printed Name: City of Eden Prairie Signature: Printed Name: Inductive Automation Quote #1380456 Quote valid: June 18, 2025 - September 1, 2025 Payment Terms: Net 30 The products and services provided under this quote ("Quote") by Inductive Automation, LLC ("Inductive Automation") are solely governed by and subject to (i) the Inductive Automation Master Software License Agreement at https://inductiveautomation.com/ignition/license (the "Agreement"); (ii) the Support Policy at https://inductiveautomation.com/support/policy (the "Support Terms"); and (iii) the Additional Customer Terms included at the end of this Quote (the "Additional Terms", and, together with this Quote, the Agreement, the Support Terms, and the Additional Customers Terms, the "Purchase Agreement"). Notwithstanding anything to the contrary in any other documents, the Purchase Agreement is the exclusive agreement governing the software, documentation and support services, and supersedes any other agreement or purported terms of any type, including, without limitation, the terms of any customer-issued purchase order, business form (such as automated or "click through" terms in a billing platform) or similar document (collectively, "Customer Terms"). Customer Terms (which do not include, for the avoidance of doubt, the Additional Customer Terms) will not amend or modify this Agreement and are expressly rejected by Inductive Automation; any of these Customer Terms are for administrative purposes only and have no legal effect. Signatures By signing this Order form, I certify that I am authorized to sign on behalf of City of Eden Prairie and agree to the Terms and Conditions of this Order Form and any documents incorporated herein. Signature: ___________________________ Printed Name: Rick Getschow Title: City Manager Date: ___________________________ Ronald A. Case Mayor ADDITIONAL CUSTOMER TERMS 1. Compliance with Laws and Regulations. In providing products and services hereunder, Inductive Automation shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Purchase Agreement and entitle the City to immediately terminate this Purchase Agreement. 2. Damages. In the event of a breach of this Purchase Agreement by the City, Inductive Automation shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 3. Enforcement. Inductive Automation shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Purchase Agreement or thereafter of any of the rights or remedies of the City under this Purchase Agreement. 4. Services Not Provided For. No claim for services or products furnished by Inductive Automation not specifically provided for herein shall be honored by the City. 5. Statutory Provisions. a. Audit Disclosure. In accordance with Minn. Stat. § 16C.05, subd. 5, the books, records, documents and accounting procedures and practices of Inductive Automation or other parties relevant to this Purchase Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. This provision will survive the completion or termination of this Purchase Agreement. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by Inductive Automation under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Purchase Agreement is subject to the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13 (“MGDPA”). In accordance with Minn. Stat. § 13.05, subd. 11, to the extent this Agreement requires Inductive Automation to perform any function of the City, all government data, as defined in Minn. Stat. § 13.02, subd. 7, which is created, collected, received, stored, used, maintained, or disseminated by Inductive Automation in performing any of the functions of the City during performance of this Purchase Agreement is subject to the requirements of the MGDPA and Inductive Automation shall comply with those requirements as if it were a government entity. All subcontracts entered into by Inductive Automation in relation to this Purchase Agreement shall contain similar MGDPA compliance language. These obligations will survive the completion or termination of the Purchase Agreement. City Council Agenda Cover Memo Date: Sept. 2, 2025 Section: Consent Calendar Item Number: VII.F. Department: Public Works/Fleet Services – Scott Riley ITEM DESCRIPTION Approval of contract for Fleet Services bulk oil room and dispensing upgrades CIP Project 23 903. REQUESTED ACTION Move to: Approve contract with Accentek Lube Tech to upgrade Fleet Services bulk oil room, update remaining dispenser heads, and installation of remote fill interface for a cost not to exceed $30,000 using state contract 301224-LUT. SUMMARY Oil and lubricant distribution is vital to maintaining our large fleet. Our oil room, distribution tools, and delivery access have needed improvements for quite some time. The upgrading of our dispensing meters and relocation of our maintenance products will get the proper lubricants to the correct stations, helping the shop run more efficiently with better inventory control. The addition of a bulk washer fluid filling station will reduce waste from throwing away bottles and costs less to purchase. The installation of a remote filling access will create an easier, safer way for the vendor to fill our bulk containers, located on the second floor of Fleet Services, and reduce the need for employees to move heavy barrels around the shop. The work is to be done by Lube Tech, an Ascentek Company, for an estimated total cost of $28,133.74 (Estimate #18160) with a contingency amount of $30,000. Pricing is per Sourcewell Contract 301224-LUT. ATTACHMENTS Lube Tech (Ascentek) Estimate #18160 Estimate Date: 8/18/2025 (Expires after 15 days) Estimate# 18160 Sold To Name Address City of Eden Prairie-Eden Prairie 15150 TECHNOLOGY DR EDEN PRAIRIE MN 55344-2272 Ship To City of Eden Prairie-Eden Prairie 15150 TECHNOLOGY DR EDEN PRAIRIE MN 55344-2272 Description of Work: Scott Riley 952-294-5936 Sriley@edenprairie.org Lube Tech Sourcewell Contract Number: 031224-LUT Item Description Qty Price Total 900372 ATF TANK SWAP TO 0W-20 The customer currently has steel single wall tanks for some of their product upstairs: Hydraulic oil, ATF and Diesel oil. They would like to empty and remove the ATF tank that they have and replace it with a new Rhino 225-gallon tank with 0W-20 oil. We will empty, disconnect and dispose of the old tank in place. We will install a new Rhino 225-gallon tank for 0W-20 and hook up to the existing fireball pump and oil lines. We will flush the lines with 0W-20 after the swap to remove any ATF residue left over. 1 4,171.08 156962 RHINO RTT-1410 TUFF TANK 225 GAL TANK 1 706.01 706.01 156965 RHINO RTT-3000 DRIP TRAY HOLDER 1 48 48.00 156963 RHINO RTT-3100 DRIP TRAY W/SCREEN 4 24.655 98.62 166661 110-0300AF 1IN QUICK CLOSING B ARRELFAUCET 110-1 1 141.84 141.84 166831 179M-0100AC 2IN AL FILL CAP MA LE THREAD 1 22.95 22.95 169805 RTT-2500 RHINO STAND W/18IN UL THREADED LEG W/FLG 1 317.7 317.70 900386 REMOVE AND DISPOSE OF OLD TANK 1 350 350.00 106237 DRM-55GA RECON CT MOBIL RED UNLINED NON-UN 6 41 246.00 168354 LD 950391 DEF VENT CAP 1 52.5 52.50 166639 466293 1IN M-NPTX3/4IN F-NPT 1 50 LBBLK MI HX BUSH 1 4.6 4.60 167023 466232 3/4IN 90 DEG 150 LB BLK MISTREET PIPE ELBOW 1 9.86 9.86 900374 TRUCK CHARGE / MILEAGE 2 62.5 125.00 900476 EQUIPMENT NEW INSTALL LABOR 16 128 2,048.00 900372 INSTALL NEW WWS TANK The customer would like an estimate on adding a WWS (Windshield Wash Solution) bulk tank to their shop. We will install this tank between the overhead doors that will be used for the proposed remote fills. We will need to tee into the existing copper air piping and run a separate line for the diaphragm pump to pump the WWS. 1 6,674.06 156962 RHINO RTT-1410 TUFF TANK 225 GAL TANK 1 706.01 706.01 169805 RTT-2500 RHINO STAND W/18IN UL THREADED LEG W/FLG 1 317.7 317.70 156965 RHINO RTT-3000 DRIP TRAY HOLDER 1 48 48.00 156963 RHINO RTT-3100 DRIP TRAY W/SCREEN 4 24.655 98.62 166579 0471280 1IN CLOSE PVC NIPPLE 1 1.47 1.47 166637 HB100-90 1IN MNPTX1IN HOSE SHA NK 90POLYPRO 1 3.03 3.03 166659 2131-010 1IN PVC SCH 80 THREAD XTHREADBV 1 78 78.00 166831 179M-0100AC 2IN AL FILL CAP MA LE THREAD 1 22.95 22.95 169969 RTT-4025 SIDE MOUNT BRKT 1 71.08 71.08 201123 RHINO RTT-4055 DIA PUMP SIDE MOUNT BRACKET 1 84.3 84.30 169624 RTT-4115 PMP LET KIT 1 106.24 106.24 168709 GRACO 237161 DISPENSER WWS 1 1,040 1,040.00 169110 HSC2846-04X25 KURI TEC COILED HOSE 1 50.51 50.51 166130 540104C-G 1/4IN FLTR/REGULATOR 1 56.99 56.99 166238 66714 1/4INX3IN SCHEDULE 40 GL VSTLWELDED PIPE NIPPLE 1 2.83 2.83 156910 GRACO 180685 VALVE DISPENSING WATER 1 35.47 35.47 168151 C86310-08-08 BV 1/2INMX1/2IN F NPT 2 32.805 65.61 166760 C9000-20-AIR-BLUE 20MM-75IN CO MP AIRTUB BLU 16FT LENGTH SOLD 64 2.832 181.24 170134 C90011-20-08 STR MALE CONNECTO R20MMX1/2INNPT 2 14.165 28.33 168131 C90815-20-WSP BRKT WALL 20MM/E ACH W/SPACER 15 3.599 53.99 169548 C90601-20-08 OUTLET ELBOW /BRK T ASSY20MMX1/2INNPT 1 22.98 22.98 170139 C90040-20 STR UNION CONNECTOR 20MM 6 22.437 134.62 167835 C90130-20 90DEG UNION ELBOW 20 MM 6 23.682 142.09 900386 MISC PART/ TIE INTO COPPER MATERIALS 1 250 250.00 900476 EQUIPMENT NEW INSTALL LABOR 24 128 3,072.00 900372 OPTIONAL: REPLACE HYDRAULIC FLUID TANK TO RHINO The customer would like an estimate to remove and replace the existing single wall steel hydraulic fluid tank with a new Rhino 225-gallon tank. We would remove and dispose of the existing tank, install a new 225-gallon Rhino in its place and re-connect to the existing fireball and piping. 1 3,912.22 156962 RHINO RTT-1410 TUFF TANK 225 GAL TANK 1 706.01 706.01 169805 RTT-2500 RHINO STAND W/18IN UL THREADED LEG W/FLG 1 317.7 317.70 156965 RHINO RTT-3000 DRIP TRAY HOLDER 1 48 48.00 156963 RHINO RTT-3100 DRIP TRAY W/SCREEN 4 24.655 98.62 166661 110-0300AF 1IN QUICK CLOSING B ARRELFAUCET 110-1 1 141.84 141.84 166831 179M-0100AC 2IN AL FILL CAP MA LE THREAD 1 22.95 22.95 168354 LD 950391 DEF VENT CAP 1 44.44 44.44 166639 466293 1IN M-NPTX3/4IN F-NPT 1 50 LBBLK MI HX BUSH 1 3.63 3.63 167023 466232 3/4IN 90 DEG 150 LB BLK MISTREET PIPE ELBOW 1 8.03 8.03 900386 REMOVE AND DISPOSE OF OLD TANK 1 350 350.00 106237 DRM-55GA RECON CT MOBIL RED UNLINED NON-UN 3 41 123.00 900476 EQUIPMENT NEW INSTALL LABOR 16 128 2,048.00 900372 GREASE KEG RELOCATE The customer would like to move the grease keg and pump from the tank room upstairs to the main shop area by the heavy duty in ground truck lift. We previously installed a grease reel on the wall, we would tee into that product line and add the pump dispense line there. We will cap off the grease line at the far bay for the light duty automotive shop as it is no longer used and adjust the ball stop to leave the reel in case they would like to use it again in the future. 1 1,141.73 165965 466688 1/2IN F-NPT 150 LB GLV MIRND PIPE CAP 2 4.32 8.64 169232 650-10 LENZ 5/8 TUBE/TUBE/F-NP T TEEBL5113-101008 1 34.09 34.09 900386 MISC PARTS 1 75 75.00 900476 EQUIPMENT NEW INSTALL LABOR 8 128 1,024.00 900372 REPLACE DIAL STYLE METERS The customer still has 2 old style dial meters they would like to replace with LDP5 preset meters. 1 1,388.00 168770 GRACO 258694 METERED VLV LDP 5FLEXEXT 2 630 1,260.00 900476 EQUIPMENT NEW INSTALL LABOR 1 128 128.00 900372 FLEX TIPS FOR EXISTING METERS The customer has 3 existing LDP5 meters and 1 EM8 with rigid tips that they would like swapped to flex tips. 1 504.39 158937 GRACO 239951 FLEX TIP FOR METER GUN 3 87.863 263.59 198171 GRACO 26C268 EM8 FLEX MANUAL OPEN CLOSE EXTENSION 1 112.8 112.80 900476 EQUIPMENT NEW INSTALL LABOR 1 128 128.00 900372 REMOTE FILL PARTS ONLY After speaking with distribution, they would be willing to cover the labor aspect of the remote fills if the city would cover the materials. 1 10,342.26 166902 0472016 2IN SCHD 80 PVC PIPE 20FT LENGTHS 800 2.88 2,303.91 166890 0470498 2IN PVC SCHEIGHT0 MALE ADPT 12 12.118 145.42 166892 0470397 2IN PVC SCH 80 SLXSL 90 ELL 60 4.412 264.72 166891 0470419 2IN PVC SCHD 80 SLXSL 45 ELL 12 10.401 124.81 166893 0470441 2IN PVC SCHD 80 STRT SOCKET COUPLER SLXSL 18 5.386 96.94 166833 BA31-200 2IN BAYONET DRY DISCO NNECTADPT SS 6 190.103 1,140.62 168354 LD 950391 DEF VENT CAP 6 37.055 222.33 167856 48324 A12-20FT GREEN UNI-STRUT 15/8INX1 5/8IN 100 4.739 473.91 166735 48886 2 GALV RIGID CONDUITUNIS TRUTCLA #2007 78 4.586 357.74 166517 48840 1-5/8IN UNI-STRUT BEAM C LA 12 2.074 24.89 170366 980XPSS WM SS CABT DBL SWING D OOR36WX15DX24H 1 714.29 714.29 196279 918AC-3000 AI INTERFACE CONSLE 3 INPUT 0 OUTPUTS 2 1,035.45 2,070.90 171948 924-0600AS 6IN BRASS ADJ LEVEL SENSOR 6 250.098 1,500.59 166884 2PVCBAVA 2IN PVC COMPACT BV SL IPXSLIP 6 62.635 375.81 167295 13109 3/8IN-16X1-1/2IN ZINC SA EJ429 GD5 HX CAP SCW 30 0.258 7.74 167288 33008 3/8IN ZINC USS FLAT WSH 30 0.057 1.72 167285 33622 3/8IN ZINC MED SPLIT LOC K WSH 30 0.031 0.94 167186 48603 3/8 SPRING NUT 25 0.599 14.98 900386 MISC. PARTS 1 500 500.00 This proposal may be withdrawn if not accepted within 15 days. Additional work performed outside of the scope of work and the description above will be subject to additional charges.TOTAL 28,133.74 Sales tax will be applied unless a Tax Exempt form is on file at Lube Tech. All plumbing and electrical other than identified within to be performed by others. * ACCEPTANCE OF PROPOSAL: The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Authorized Ascentek Signature ___________________________________________________ Title__________________________________________________ Date ____________ Signature_____________________________________________________________________ Title ________________________________________________________________________ Date ________________________________________________ TAX AND FREIGHT SUBJECT TO CHANGE City Council Agenda Cover Memo Date: September 2, 2025 Section: Consent Calendar Item Number: Department: Public Works/Engineering – Rachel Scheele, Graduate Engineer ITEM DESCRIPTION Award Contract for the Well 9 Pavement Project to Prior Lake Blacktop, I.C. 25831 REQUESTED ACTION Move to: Award contract for the Well 9 Pavement project to Prior Lake Blacktop in the amount of $26,019.15 SUMMARY The City of Eden Prairie requested quotes from five contractors for the Well 9 Pavement Project and received one response from Prior Lake Blacktop, Inc. in the amount of $26,019.15. The Utilities Department requested these improvements to support well maintenance, which requires access for large trucks. The project will replace the existing driveway with a larger asphalt surface, providing a permanent solution in place of the temporary Class 5 aggregate. The project includes pavement removal and replacement, reinstallation of aggregate base, and turf restoration. The retaining wall and sound wall will be replaced under separate contracts. Construction will begin after contract approval and a pre-construction meeting, with final completion required by October 15, 2025. Staff recommends awarding the contract to Prior Lake Black Top, Inc., with funding from the Utility Fund. ATTACHMENT Construction Contract Agreement VII.G. (rev. 6/2024) Construction Contract This Contract (“Contract”) is made on the 2nd day of September 2025, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Prior Lake Blacktop, Inc., a Minnesota corporation (hereinafter "Contractor") whose business address is P.O. Box 1271, Prior Lake, MN 55372. Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of services by Contractor for the removal and replacement of bituminous pavement, salvage and reinstallation of aggregate base, and associated turf restoration at the Well 9 site hereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Scope of Work/Proposal. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, contractor or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Time of Commencement and Completion. The Work to be performed under this Contract shall be commenced immediately after execution of this Contract. The work shall be completed by October 15th, 2025. 3. Compensation for Services. City agrees to pay the Contractor a fixed sum of $26,019.15 as full and complete payment for the labor, materials and services rendered pursuant to this Contract and as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. Standard Construction Contract (rev. 6/2024) Page 2 of 14 4. Method of Payment. The Contractor shall submit to the City, on a monthly basis, an itemized invoice for services performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. a. Invoices. Contractor shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Contractor shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City’s project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. Each invoice shall be accompanied by general lien waiver and further lien waivers from all subcontractors on the project waiving liens for work for which payment was requested by Contractor and paid for by City on the preceding invoice. b. Claims. By making the claim for payment, the person making the claim is declaring that the account, claim, or demand is just and correct and that no part of it has been paid. c. Final Payment. Contractor’s request for final payment shall be accompanied by Contractor’s affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the City or its property might in any way be responsible, have been paid or otherwise satisfied. Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the City to the Contractor when the Work has been completed, the Contract fully performed, and the City accepts the Work in writing. The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of Application for Final Payment. d. Income Tax Withholding. No final payment shall be made to the Contractor until the Contractor has provided satisfactory evidence to the City that the Contractor and each of its subcontracts has complied with the provisions of Minn. Stat. Section 290.92 relating to withholding of income taxes upon wages. A certificate from the Commissioner of Revenue shall satisfy this requirement. 5. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Contract. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. Standard Construction Contract (rev. 6/2024) Page 3 of 14 6. Project Manager and Staffing. The Contractor shall designate a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the Project Manager without the approval of the City. 7. Condition and Inspection. All goods and other materials furnished under this Contract shall be new and in current manufacture, unless otherwise specified, and all goods and work shall be of good quality, free from faults and defects and in conformance with this Contract. All goods and work not conforming to these requirements shall be considered defective. Goods shall be subject to inspection and testing by the City. Defective goods or goods not in current manufacture may be returned to the Contractor at the Contractor’s expense. 8. Correction of Work. The Contractor shall promptly correct all Work rejected by the City as defective or as failing to conform under this Contract whether observed before or after completion of the Work and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work. 9. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Contract, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY’S REMEDY OR THE CONTRACTOR’S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials. The Contractor shall post bonds to secure the warranties. Standard Construction Contract (rev. 6/2024) Page 4 of 14 10. Private Property. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the City. The Contractor shall be responsible for the preservation of, and shall use every precaution to prevent damage to all trees, shrubbery, plants, lawns, fences, culverts, bridges, pavements, driveways, sidewalks, etc.; all water, sewer and gas lines; all conduits; all overhead pole lines or appurtenances thereof; and all other public or private property along or adjacent to the work. 11. Removal of Construction Equipment, Tools and Supplies. At the termination of this Contract, before acceptance of the Work by the City, the Contractor shall remove all of Contractor’s equipment, tools and supplies from the property of the City. Should the Contractor fail to remove such equipment, tools and supplies, the City shall have the right to remove them and deduct the cost of removal from any amount owed to Contractor. 12. Suspension of Work by City. The City may at any time suspend the Work, or any part thereof, by giving ten (10) days' notice to the Contractor in writing. The work shall be resumed by the Contractor within ten (10) days after the date fixed in the written notice from the City to the Contractor to resume. If the City’s suspension of all or part of the Work causes additional expenses not due to the fault or negligence of the Contractor, the City shall reimburse the Contractor for the additional expense incurred due to suspension of the work. Claims for such compensation, with complete substantiating records, shall be filed with the City within ten (10) days after the date of order to resume Work in order to receive consideration. This paragraph shall not be construed as entitling the Contractor to compensation for delays due to inclement weather, failure to furnish additional surety or sureties specified herein, for suspension made at the request of the Contractor, or for any other delay provided for in this Contract. 13. City’s Right to Carry Out the Work. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract or fails to perform any provisions of the Contract, the City may, after ten (10) days written notice to the Contractor and without prejudice to any other remedy the City may have, make good such deficiencies. In such case an appropriate Change Order shall be issued deducting from the payment then or thereafter due the Contractor the cost of correcting such deficiencies. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the City. 14. City’s Right to Terminate Contract and Complete the Work. The City has the right to terminate this Contract for any of the following reasons: a. The Contractor is adjudged bankrupt, makes a general assignment for the benefit of creditors, or becomes insolvent; b. Failure of Contractor to supply adequate properly skilled workmen or proper materials; c. Failure of Contractor to make prompt payment to subcontractor for material or labor; d. Any disregard of laws, ordinances or proper instructions of the City; e. Assignment or work without permission of the City; Standard Construction Contract (rev. 6/2024) Page 5 of 14 f. Abandonment of the work by Contractor; g. Failure to meet the work progress schedule set forth in this Contract; h. Unnecessary delay which, in the judgment of the City, will result in the work not being completed in the prescribed time. Termination of the Contract shall be preceded by ten (10) days written notice by the City to the Contractor and its surety stating the grounds for termination and the measures, if any, which must be taken to assure compliance with the Contract. The Contract shall be terminated at the expiration of such ten (10) day period unless the City Council shall withdraw its notice of termination. Upon termination of the Contract by the City, the City may, without prejudice to any other remedy the City may have, take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever methods the City may deem expedient at the Contractor’s expense. Upon Contract termination, the Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the contract price exceeds the expense of finishing the Work, including compensation for additional managerial and administrative services, the excess shall be paid to the Contractor. If such expense exceeds the unpaid balance, the Contractor shall pay the difference to the City. In the event that the Contractor abandons the Work, fails or refuses to complete the Work or fails to pay just claims for labor or material, the City reserves the right to charge against the Contractor all legal, engineering, or other costs resulting from such abandonment, failure or refusal. Legal costs will include the City's cost of prosecuting or defending any suit in connection with such abandonment, failure or refusal, and non-payment of claims wherein the City is made co-defendant, and the Contractor agrees to pay all costs, including reasonable attorney's fees. 15. Contractor’s Right to Terminate Contract. The Contractor may terminate this Contract upon ten (10) days written notice to the City for any of the following reasons: a. If an order of any court or other public authority caused the Work to be stopped or suspended for a period of 90 days through no act or fault of the Contractor or its employees. b. If the City should fail to pay any undisputed sum owed Contractor within forty-five (45) days after the sum becomes due. 16. Performance and Payment Bonds. The Contractor shall post a Performance and Payment Bond each in an amount equal to one hundred percent (100%) of the payments due Contractor to insure the prompt and faithful performance of this Contract by Contractor and to insure prompt payment to the subcontractor and suppliers of the Contractor. The Bonds shall be in a form approved by the City. Contractor shall provide the Bond to the City before commencing Standard Construction Contract (rev. 6/2024) Page 6 of 14 work and together with the executed contract document. If the Performance and/or Payment Bond are not submitted as provided herein, this Contract shall be considered void. [BONDS ARE REQUIRED FOR A CONSTRUCTION CONTRACT THAT IS $175,000 OR MORE; THEY ARE OPTIONAL FOR ANY CONTRACT THAT IS LESS THAN $175,000] 17. Subcontractor. The Contractor shall bind every subcontractor and every subcontractor shall agree to be bound by the terms of this Contract as far as applicable to its work, unless specifically noted to the contrary in a subcontract approved in writing as adequate by the City. The Contractor shall pay any subcontractor involved in the performance of this Contract within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. If the Contractor fails within that time to pay the subcontractor any undisputed amount for which the Contractor has received payment by the City, the Contractor shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 18. Responsible Contractor Contractor warrants under oath that Contractor is in compliance with the minimum criteria required of a “responsible contractor” as that term is defined in Minnesota Statutes § 16C.285, subd. 3. Contractor has provided to City a list of all of its first-tier subcontractors and motor carriers that it intends to retain for work on the project. The Contractor has obtained from all subcontractors and motor carriers with which it will have a direct contractual relationship a signed statement under oath by an owner or officer verifying that the subcontractor or motor carrier meets all of the minimum criteria in § 16C.285, subd. 3. If Contractor retains additional subcontractors or motor carriers on the project after submitting its verification of compliance, the Contractor shall obtain verification of compliance from each additional subcontractor and motor carrier with which it has a direct contractual relationship and shall submit to the City a supplemental verification confirming the subcontractor’s and motor carrier’s compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors or motor carriers. Contractor shall submit to the City upon request copies of the signed verifications of compliance from all subcontractors and motor carriers of any tier pursuant to Minn. Stat. § 16C.285, subd. 3(7). A false statement under oath, by Contractor, subcontractor, or motor carrier, verifying compliance with any of the minimum criteria may result in termination of the Contract. 19. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Contract, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf Standard Construction Contract (rev. 6/2024) Page 7 of 14 of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 20. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, required by law, or the insurance coverage actually obtained by Contractor, whichever is greater. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products- completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. Standard Construction Contract (rev. 6/2024) Page 8 of 14 d. Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. e. All policies, except the Worker’s Compensation Policy, shall name the “City of Eden Prairie” as an additional insured. f. All policies, except Worker’s Compensation Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations. g. All policies shall contain a waiver of subrogation in favor of the City. h. All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver of subrogation in favor of the City. i. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Contract. j. Contractor agrees to maintain all coverage required herein throughout the term of the Contract and for a minimum of two (2) years following City’s written acceptance of the Work. k. It shall be Contractor’s responsibility to pay any retention or deductible for the coverage’s required herein. l. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor’s Work. Upon request a copy of the Contractor’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or Standard Construction Contract (rev. 6/2024) Page 9 of 14 to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City’s right to enforce the terms of Contractor’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 21. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 22. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Contract (“Information”) shall become the property of the City, but Contractor may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Contractor also may use Standard Construction Contract (rev. 6/2024) Page 10 of 14 the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Contract does not relieve any liability on the part of the Contractor, but any use of the Information by the City or the Contractor beyond the scope of this Contract is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 23. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 24. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. 25. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Contract and entitle the City to immediately terminate this Contract. 26. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. 27. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. 28. Damages. In the event of a breach of this Contract by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 29. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination Standard Construction Contract (rev. 6/2024) Page 11 of 14 of this Contract and for one (1) year thereafter, without prior written consent of the former employer in each case. 30. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract. 31. Entire Contract, Construction, Application and Interpretation. This Contract is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 32. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 33. Non-Discrimination. During the performance of this Contract, the Contractor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 34. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Contract if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. Standard Construction Contract (rev. 6/2024) Page 12 of 14 35. Rights and Remedies. The duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 36. Services Not Provided For. No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City. 37. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 38. Statutory Provisions. a. Audit Disclosure. In accordance with Minn. Stat. § 16C.05, subd. 5, the books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. This provision will survive the completion or termination of this Contract. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Contractor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Contract is subject to the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13 (“MGDPA”). In accordance with Minn. Stat. § 13.05, subd. 11, to the extent this Contract requires Contractor to perform any function of the City, all government data, as defined in Minn. Stat. § 13.02, subd. 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the MGDPA and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Contract shall contain similar MGDPA compliance language. These obligations will survive the completion or termination of the Contract. 39. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not affect, in any respect, the validity of the remainder of this Contract. Executed as of the day and year first written above. Standard Construction Contract (rev. 6/2024) Page 13 of 14 CITY OF EDEN PRAIRIE __________________________________ Mayor ___________________________________ City Manager CONTRACTOR By: ________________________________ Its: ________________________________ Standard Construction Contract (rev. 6/2024) Page 14 of 14 EXHIBIT A Proposal/Scope of Work City Council Agenda Cover Memo Date: September 2, 2025 Section: Consent Calendar Item Number: VII.H. Department: Public Works/Utilities – Rick Wahlen ITEM DESCRIPTION Purchase of two submersible lift station pump assemblies to be used in the reconstruction of the neighborhood sanitary sewer lift station at 8491 Red Oak Drive near Red Rock Lake. REQUESTED ACTION Approve Contract with Electric Pump for the Purchase of Two Submersible Sewage Pump Assemblies for the Rehabilitation of Lift Station 11 at Red Oak Drive for a cost of $32,220.00. SUMMARY Each year the Utilities Division plans for the rehabilitation of at least one sanitary sewer lift station to maximize the useful life of these public works facilities. City utility maintenance crews perform ongoing preventive maintenance on each of these systems including weekly checks, monthly inspections, repairs on an as-needed basis, and a very thorough, exhaustive annual service prior to winter. Due to the harsh environment of the wet well within the lift station, including corrosive hydrogen sulfide gas generated by decomposing sewage and other harsh acidic conditions that is harmful to both metal and concrete materials, each lift station needs a major overhaul after approximately 20 years in operation. The pump assemblies included in this purchase contract enable Utilities division to procure some of the system components with the longest lead times early before the project starts. The standard for all of Eden Prairie’s lift stations was established decades ago when Flyght pumps were installed in every location. Flyght which is now owned by Xylem, makes the best, most dependable and long-lasting pumps in the wastewater business, have a lower life-cycle cost than competing brands, and grind through clogging materials like rags and wet-wipes with fewer reliability problems. Many of our existing pumps have been in operation since the early 1980s, and none have ever needed to be replaced due to failure or maintenance issues. The reliability of these systems is remarkable. Additionally, all of Eden Prairie’s lift station repair parts stockage is based upon Flyght pumps, and adding a different parts supply for 2 pumps out of the other 44 would complicate maintenance. Electric Pump is the sole manufacturer’s representative for the Minnesota region and the only seller of Flyght systems we can use. This project is planned for and funded annually by the wastewater capital improvement fund. ATTACHMENT Professional Services Agreement (rev. 6/2024) Contract for Goods and Services This Contract (“Contract”) is made on the _2nd_day of _September_, 20_25_, between the City of Eden Prairie, Minnesota (hereinafter “City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and _Electric Pump_, a Minnesota _Limited Liability Company_(hereinafter “Vendor”) whose business address is_201 4th Ave SW, New Prague, MN 56071_. . Preliminary Statement The City has adopted a policy regarding the selection and hiring of vendors to provide a variety of goods and/or services for the City. That policy requires that persons, firms or corporations providing such goods and/or services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of goods and/or services by Vendor for _providing two submersible pumps, each with base elbow and monitoring relay plus startup services _ hereinafter referred to as the “Work”. The City and Vendor agree as follows: 1.Scope of Work. The Vendor agrees to provide, perform and complete all the provisions ofthe Work in accordance with attached Exhibit A. Any general or specific conditions, terms,agreements, consultant or industry proposal, or contract terms attached to or a part of ExhibitA are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2.Term of Contract. All Work under this Contract shall be provided, performed and/orcompleted by _August 31, 2027_. 3.Compensation for Services. City agrees to pay the Vendor a fixed sum of $_32,220.00_ as full and complete payment for the goods, labor, materials and/or services rendered pursuantto this Contract and as described in Exhibit A. 4.Method of Payment. Vendor shall prepare and submit to City, on a monthly basis, itemizedinvoices setting forth work performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. By making the claim for payment, theperson making the claim is declaring that the account, claim, or demand is just and correctand that no part of it has been paid. 5.Staffing. The Vendor has designated _________________________to perform the Work. They shall be assisted by other staff members as necessary to facilitate the completion of theWork in accordance with the terms established herein. Vendor may not remove or replacethe designated staff without the approval of the City. [STAFFING PROVISION REQUIRED ONLY FOR SERVICES] 6.Standard of Care. Vendor shall exercise the same degree of care, skill and diligence in theperformance of its services as is ordinarily exercised by members of the profession undersimilar circumstances in Hennepin County, Minnesota. Standard Contract for Goods and Services (rev. 6/2024) Page 2 of 5 7.Insurance. a.General Liability. Vendor shall maintain a general liability insurance policy with limits of at least $1,000,000.00 for each person, and each occurrence, for bothpersonal injury and property damage. Vendor shall provide City with a Certificate ofInsurance verifying insurance coverage before providing service to the City.b.Worker's Compensation. Vendor shall secure and maintain such insurance as will protect Vendor from claims under the Worker's Compensation Acts and from claims for bodily injury, death, or property damage which may arise from the performance ofVendor’s services under this Contract.c.Comprehensive Automobile Liability. Vendor shall maintain comprehensiveautomobile liability insurance with a $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) 8.Indemnification. Vendor will defend and indemnify City, its officers, agents, andemployees and hold them harmless from and against all judgments, claims, damages, costsand expenses, including a reasonable amount as and for its attorney’s fees paid, incurred orfor which it may be liable resulting from any breach of this Contract by Vendor, its agents, contractors and employees, or any negligent or intentional act or omission performed, takenor not performed or taken by Vendor, its agents, contractors and employees, relative to thisContract. City will indemnify and hold Vendor harmless from and against any loss forinjuries or damages arising out of the negligent acts of the City, its officers, agents oremployees. 9.Warranty. The Vendor expressly warrants and guarantees to the City that all Workperformed and all materials furnished shall be in accord with the Contract and shall be freefrom defects in materials, workmanship, and operation which appear within a period of twoyears, or within such longer period as may be prescribed by law or in the terms of the Contract, from the date of City’s written acceptance of the Work. The City’s rights under theContractor’s warranty are not the City’s exclusive remedy. The City shall have all otherremedies available under this Contract, at law or in equity. 10.Termination. This Contract may be terminated by either party by seven (7) days' written notice delivered to the other party at the addresses written above. Upon termination underthis provision if there is no fault of the Vendor, the Vendor shall be paid for servicesrendered until the effective date of termination. 11.Independent Contractor. At all times and for all purposes herein, the Vendor is an independent contractor and not an employee of the City. No statement herein shall beconstrued so as to find the Vendor an employee of the City. 12.Subcontract or Assignment. Vendor shall not subcontract any part of the services to beprovided under this Contract; nor may Vendor assign this Contract, or any interest arising herein, without the prior written consent of the City. Standard Contract for Goods and Services (rev. 6/2024) Page 3 of 5 13.Services Not Provided For. No claim for services furnished by Vendor not specificallyprovided for in Exhibit A shall be honored by the City. GENERAL TERMS AND CONDITIONS 14.Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. 15.Compliance with Laws and Regulations. In providing services hereunder, the Vendorshall abide by statutes, ordinances, rules, and regulations pertaining to the provisions ofservices to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Contract and entitle the City to immediately terminate this Contract. 16.Conflicts. No salaried officer or employee of the City and no member of the Council of theCity shall have a financial interest, direct or indirect, in this Contract. The violation of thisprovision renders the Contract void. 17.Counterparts. This Contract may be executed in multiple counterparts, each of which shallbe considered an original. 18.Damages. In the event of a breach of this Contract by the City, Vendor shall not be entitled to recover punitive, special or consequential damages or damages for loss ofbusiness. 19.Employees. Vendor agrees not to hire any employee or former employee of City and Cityagrees not to hire any employee or former employee of Vendor prior to termination of this Contract and for one (1) year thereafter, without prior written consent of the formeremployer in each case. 20.Enforcement. The Vendor shall reimburse the City for all costs and expenses, includingwithout limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights orremedies of the City under this Contract. 21.Entire Contract, Construction, Application and Interpretation. This Contract is infurtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entireagreement of the parties is contained herein. This Contract supersedes all oral agreementsand negotiations between the parties relating to the subject matter hereof as well as anyprevious agreements presently in effect between the parties relating to the subject matterhereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties,unless otherwise provided herein. Standard Contract for Goods and Services (rev. 6/2024) Page 4 of 5 22.Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 23.Non-Discrimination. During the performance of this Contract, the Vendor shall not discriminate against any employee or applicants for employment because of race, color,creed, religion, national origin, sex, marital status, status with regard to public assistance,disability, sexual orientation or age. The Vendor shall post in places available toemployees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Vendor shall incorporate the foregoing requirements of this paragraph inall of its subcontracts for program work, and will require all of its subcontractors for suchwork to incorporate such requirements in all subcontracts for program work. The Vendorfurther agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 24.Notice. Any notice required or permitted to be given by a party upon the other is given inaccordance with this Contract if it is directed to either party by delivering it personally toan officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with anationally recognized, reputable overnight courier, properly addressed to the address listedon page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt orthe date of mailing or deposit as aforesaid, provided, however, that if notice is given bymail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its addressfor the service of notice by giving written notice of such change to the other party, in anymanner above specified, 10 days prior to the effective date of such change. 25.Rights and Remedies. The duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties,obligations, rights and remedies otherwise imposed or available by law. 26.Services Not Provided For. No claim for services furnished by the Vendor notspecifically provided for herein shall be honored by the City. 27.Severability. The provisions of this Contract are severable. If any portion hereof is, forany reason, held by a court of competent jurisdiction to be contrary to law, such decisionshall not affect the remaining provisions of this Contract. 28.Statutory Provisions.a.Audit Disclosure. In accordance with Minn. Stat. § 16C.05, subd. 5, the books,records, documents and accounting procedures and practices of the Vendor or otherparties relevant to this Contract are subject to examination by the City and either theLegislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. This provision will survive the completion or termination of thisContract. b.Data Practices. Any reports, information, or data in any form given to, orprepared or assembled by the Vendor under this Contract which the City requests to bekept confidential, shall not be made available to any individual or organization withoutthe City's prior written approval. This Contract is subject to the Minnesota GovernmentData Practices Act, Minnesota Statutes Chapter 13 ("MGDPA"). In accordance withMinn. Stat. § 13.05, subd. 11, to the extent this Contract requires Vendor to perform anyfunction of the City, all government data, as defined in Minn. Stat. § 13.02, subd. 7,which is created, collected, received, stored, used, maintained, or disseminated byVendor in performing any of the functions of the City during performance of thisContract is subject to the requirements of the MGDPA and Vendor shall comply withthose requirements as if it were a government entity. All subcontracts entered into byVendor in relation to this Contract shall contain similar MGDPA compliance language.These obligations will survive the completion or termination of the Contract. 29.Waiver. Any waiver by either party of a breach of any provisions of this Contract shall notaffect, in any respect, the validity of this Contract. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor -------- Standard Contract for Goods and Services (rev. 6/2024) Page 5 of5 City Manager VENDUR - --- -_,,.;;•,,--->· �-:;--·- .. -B �,,..-.,, ___......- lts: VP /fYt.,OP- 1 TO: City of Eden Prairie / Andy Allmann / 612-747-3711 aallmann@edenprairie.org REF: Red Oak Lift Station (LS #11) DATE: August 18, 2025 ENG: AE2S Submersible Pumps, Base Elbows, & Mini-Cas Two (2) Flygt NP3085-256SH submersible pump complete with the following: 4hp, 230V, 3phase, 60Hz, explosion proof motor Hard Iron impeller 50’ power cable Two (2) Flygt discharge elbow, 4” Two (2) Flygt Mini-Cas for pump monitoring (to be mounted in a control panel) One (1) Lot of freight and startup services included Total Selling Price: $32,220.00 Plus Tax Note The Following: Current Estimated Lead Times: o Submittals (if required): 1 week ARO o Equipment: 2 – 5 weeks after approval / ARO These pumps are currently available stateside on a first come, first served basis Guide rails, guide rail brackets, cable holders, lifting chains, controls, concrete, guide rail, Kellem grips, VFD’s, access hatches/covers, manhole covers, cranes, hoists, anchor bolts, junction box, reducers, valves, piping, conduit, installation of equipment and anything that’s not specifically mentioned in this proposal are the responsibility of others Thank you for your consideration, Steven Forsythe (612) 840-9499 cc: Taylor Musselman (515) 265-2222 201 4th Ave SW New Prague, MN 56071 Office: 952-758-6600 Toll Free: 800-536-5394 Fax: 952-758-7778 4280 E. 14th St. Des Moines, IA 50313 Office: 515-265-2222 Toll Free: 800-383-7867 Fax: 515-265-8079 Exhibit A: Scope of Work City Council Agenda Cover Memo Date: September 2, 2025 Section: Consent Calendar Item Number: VII.I. Department: Public Works - Water Resources (IC# 18822) ITEM DESCRIPTION Approve Cooperative Agreement with Riley Purgatory Bluff Creek Watershed District for Round Lake Alum Treatment Project REQUESTED ACTION Approve Cooperative Agreement with Riley Purgatory Bluff Creek Watershed District for Round Lake Alum Treatment Project SUMMARY BACKGROUND Round Lake is a 31-acre lake located in a predominantly residential section of Eden Prairie. The lake has a public beach and is a popular place for recreation. The lake is also part of the greater watershed upstream of Staring Lake, which is impaired for nutrients. Since the 2000s, the total phosphorus (TP) in Round Lake had been steadily increasing. In 2012, an aluminum sulfate (alum) treatment effectively lowered TP below recreational standards in 2015 before increasing again. In 2018, another alum treatment was applied, which provided continued improvement in TP. Since 2018, the levels of TP near the lake bottom have increased to nearly 2017 levels. To control the phosphorus load and prevent impairment of the lake, the city plans to apply another alum treatment to Round Lake in 2025. This treatment is expected to reduce TP concentrations in Round Lake and the downstream Staring Lake watershed, as evidenced by previous successful treatments. Recreational use of Round Lake will be preserved by reducing TP concentrations in the water column and preventing resuspension of phosphorus from the sediment. The 2025 Round Lake alum treatment is included in the City Capital Improvements Plan. FUNDING The Riley Purgatory Bluff Creek Watershed District (District) is conducting an alum treatment on Rice Marsh Lake this fall (with all costs for that portion of the project paid by the District). They have agreed to include the Round Lake alum treatment into that contract. The District is a key partner, providing in-kind services and paying remaining costs (at least 50%) for the project. The City will reimburse the District for 50% of the cost of the Round Lake alum treatment, not to exceed $55,000.00. The City’s portion of project is funded by the Stormwater Utility Fund. ATTACHMENTS Attach 1 - Agreement COOPERATIVE AGREEMENT Round Lake Alum Treatment Project This Cooperative Agreement (“Agreement”) is made on _____________, 2025, by and between the City of Eden Prairie, a Minnesota municipal corporation (“City”) and Riley-Purgatory-Bluff Creek Watershed District, a watershed district created pursuant to Minnesota Statutes chapters 103B and 103D (“District”), to implement the Round Lake Alum Treatment Project in Eden Prairie, Hennepin County, Minnesota (the “Alum Treatment”). The City and the District are collectively referred to in this Agreement as the “Parties.” Recitals WHEREAS, the District has an approved water resources management plan pursuant to Minnesota Statutes section 103B.231 that has as a primary goal of protecting water resources under its jurisdiction from further degradation, enhancing resources when possible, including Round Lake; WHEREAS, the City has an approved Local Water Management Plan pursuant to Minnesota Statutes section 103B.235 that has a primary goal of achieving water quality standards in lakes consistent with intended use and classification water quality standards; WHEREAS, Round Lake has historically experienced water quality not meeting intended use and water quality standards; WHEREAS, phosphorus is a primary contributor to declines in water quality as measured through total phosphorus and chlorophyll-a levels and indicated by Secchi depths; WHEREAS, aluminum sulfate (“alum”) when properly applied adsorbs phosphates from the water column of water bodies and forms a flocculent material that creates a barrier to slow sediment phosphorus release; WHEREAS, the City conducted an alum treatment on Round Lake in October 2018; WHEREAS, the water quality in Round Lake has declined over the past two years; WHEREAS, the City and the District are agreed that an alum treatment in Fall 2025 could help Round Lake meet intended use and water quality standards; WHEREAS, Round Lake is located at or near 16700 Valley View Road in Eden Prairie on real property owned by the City and known as “Round Lake Park;” and WHEREAS, the City and the District are authorized by Minnesota Statutes section 471.59 to enter into this cooperative agreement for the Alum Treatment. Agreement NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and the District agree as follows: 1. The Alum Treatment. The Alum Treatment is further defined and specified in the design, plan sheets and specifications applicable to the Round Lake alum treatment in the attached Exhibit A. Exhibit A is incorporated into this agreement as a term hereof, and its provisions are binding on the parties hereto. The Alum Treatment will be implemented a contractor under contract with the District in substantial conformity with Exhibit A. By the signature of its authorized representative below, the City approves the provisions of Exhibit A pertinent and applicable to the Alum Treatment. 2. Responsibilities and Costs. By the signature of its authorized representatives below, the responsibilities and costs of operating the Alum Treatment will be allocated between the District and the City as follows: a. District. The District will be responsible for the following duties and costs associated with the Alum Treatment: i. The District will be responsible for payment for all costs of implementing the Alum Treatment, including the analysis of the sampling data, the Alum Treatment, and all post-treatment sampling and analysis; ii. The District will provide and pay all costs necessary for District personnel required to conduct the Alum Treatment, including salary and mileage costs; iii. The District will pay all laboratory costs incurred in connection with the Alum Treatment; and iv. The District will, within 10 business days of receipt, share with the City the results of all laboratory tests and other data collected or received about the Alum Treatment, as well as any studies or reports obtained by the District and generated from the results and/or data collected by the Alum Treatment. b. City. The City will be responsible for the following duties and costs associated with the Alum Treatment: i. By execution of this agreement, the City grants to the District, its contractors, agents and assigns a license for the term of this agreement to access and use the Round Lake Park for purposes of implementation of the Alum Treatment and otherwise for purposes of the District’s exercise of rights and fulfillment of its obligations under this agreement. The District, on 24 hours’ notice to the City, may temporarily restrict or preclude public access to portions of Round Lake Park to ensure safety while activities necessary for the Alum Treatment are under way. ii. The City will, within 30 days of receipt from the District of documentation of the payment of the costs of the Alum Treatment, reimburse the District 50 percent of such costs, not to exceed $55,000. iii. The City will, within 10 business days of receipt, provide the District the results of any studies or reports obtained by the City and generated from the results and/or data collected by the Alum Treatment and shared with the City. c. The District makes no warranty to the City regarding the District engineer’s or another third party’s performance in designing or specifying the Alum Treatment. 3. General Terms. a. Independent relationship; liability. This Agreement does not create a joint powers board or organization within the meaning of Minnesota Statutes section 471.59, and no party agrees to be responsible for the acts or omissions of another pursuant to subdivision 1(a) of the statute. Only contractual remedies are available for the failure of a party to fulfill the terms of this agreement. The City and the District enter this Agreement solely for the purposes of improving the ecological health and condition of Round Lake in Eden Prairie. Accordingly, with respect to any and all activity undertaken pursuant to this Agreement, the City and the District (each party as an Indemnitor Party) agree to hold each other harmless, and defend and indemnify the other party, its officers, employees and agents (each individually, an Indemnified Party) from and against any and all liability, loss, claim, damage or expense (including reasonable attorney fees, costs and disbursements) that an Indemnified Party may incur as a result of the Project due to any negligent or willful act or omission by the Indemnitor Party or the Indemnitor Party’s breach of any specific contractual duty. Notwithstanding the foregoing or any other provision of this agreement, the City’s and the District’s obligations under this paragraph will survive the termination of the Agreement. This Agreement creates no right in and waives no immunity, defense or liability limitation with respect to any third party. b. Publicity and endorsement. Any publicity regarding the Alum Treatment must identify the City and the District as the sponsoring entities. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the City or the District individually or jointly with others, or any subcontractors, with respect to the Alum Treatment. The City and the District will collaborate on the development of educational and informational signage and materials pertinent to the Alum Treatment, and each party, at its cost, may develop, produce and, after approval of the other parties, distribute educational, outreach and publicity materials related to the Alum Treatment. c. Data Practices. All data created, collected, received, maintained or disseminated for any purpose in the course of this Agreement are data of the City and the District, and are governed by the Data Practices Act, Minnesota Statutes chapter 13, any other applicable state statute, or any state rules adopted to implement the act, as well as federal regulations on data privacy. 4. Entire Agreement. This Agreement contains the complete and entire agreement between the parties relating to the subject matter hereof, and supersedes all prior negotiations, agreements, representations and understandings, if any, between the parties respecting such matters. The recitals stated at the outset are incorporated into and a part of the Agreement. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original agreement or their successors in office. 5. Waivers. The waiver by the City or the District of any breach or failure to comply with any provision of this Agreement by the other party will not be construed as nor will it constitute a continuing waiver of such provision or a waiver of any other breach of or failure to comply with any other provision of this Agreement. 6. Notices. The Parties designate the following authorized representatives, each to serve as the liaison to the other party for purposes of coordinating the Alum Treatment as provided in this Agreement. Any written communication required under this agreement will be addressed to the other parties as follows, except that any party may change its address for notice by so notifying the other parties in writing: City: Lori Haak, Water Resources Coordinator 8080 Mitchell Road Eden Prairie, MN 55344 952-949-8327 lhaak@edenprairie.org District: Terry Jeffery, Administrator 18681 Lake Drive East Chanhassen, MN 55317 952-607-6512 tjeffery@rpbcwd.org 7. Term. This Agreement is effective when fully execute and will terminate December 31, 2025, or on the written agreement of both parties. Any responsibility or obligation that has come into being before expiration will survive expiration. 8. Termination for Breach. Either party may terminate this Agreement by written notice if the other party commits a material breach of this Agreement and fails to cure such breach within thirty (30) days after receipt of such notice, or an additional period of time as agreed to by the Parties. IN WITNESS WHEREOF, the parties have caused the agreement to be duly executed intending to be bound thereby. (Signature page follows.) CITY OF EDEN PRAIRIE __________________________________ By: Ronald A. Case, Mayor Date: ______________________________ __________________________________ By: Rick Getschow, City Manager Date: ______________________________ RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT __________________________________ By: Dorothy Pedersen, President Date: ______________________________ Approved as to form and execution _____________________________ Counsel, Riley-Purgatory-Bluff Creek Watershed District Mar s hDr Rice MarshLake Park RiceMarsh Lake Dakota Ln Magent a B ay M a genta Bay212 1 03 5 73555 7 33 77 RICE MARSH LAKEALUM TREATMENT AREARiley Purgatory BluffCreek Watershed FIGURE 1 Barr Footer: ArcGISPro 3.3.2, 2025-06-09 14:09 File: I:\Projects\23\27\53\Maps\Reports\Sediment Analysis\RPBCWD_alum_treatments\RPBCWD_alum_treatments_KML4.aprx Layout: Figure1_RiceMarshLake_AlumTreatments User: KML4!;N Treatment Area Bathymetry Contours County Boundary Erin Bay 0 500 1,000250 Feet Access and Staging Area Erin BayErin B a y 1 0 3 57 RICE MARSH LAKESTAGING & LAUNCHING AREASRiley Purgatory BluffCreek Watershed FIGURE 2Barr Footer: ArcGISPro 3.3.2, 2025-06-12 14:41 File: I:\Projects\23\27\53\Maps\Reports\Sediment Analysis\RPBCWD_alum_treatments\RPBCWD_alum_treatments_KML4.aprx Layout: Figure2_RML_Staging&LaunchingAreas User: KML4!;N Bathymetry Contours Staging and AccessArea Launching Area Hennepin County Parcels City Owned Residential 0 10050Feet City of Eden Prairie ROUND LAKE ALUM TREATMENT AREA Riley Purgatory Bluff Creek Watershed FIGURE 3Barr Footer: ArcGISPro 3.3.2, 2025-06-12 14:41 File: I:\Projects\23\27\53\Maps\Reports\Sediment Analysis\RPBCWD_alum_treatments\RPBCWD_alum_treatments_KML4.aprx Layout: Figure3_Round_AlumTreatment User: KML4!;N Round Lake Park Pond Round Lake Round Lake Park And Beach ValleyView Rd 0 515 25 350 500250 Feet Bathymetry Contours Treatment Area Access and Staging Area Valley View Rd Va lley Vi e w R d V alle y V ie w R d 05 1 5 ROUND LAKE STAGING & LAUNCHING AREAS Riley Purgatory Bluff Creek Watershed FIGURE 4Barr Footer: ArcGISPro 3.3.2, 2025-06-12 14:41 File: I:\Projects\23\27\53\Maps\Reports\Sediment Analysis\RPBCWD_alum_treatments\RPBCWD_alum_treatments_KML4.aprx Layout: Figure4_Round_Staging&LaunchingAreas User: KML4!;N Bathymetry Contours Staging and Access Area Launching Area Hennepin County Parcels City Owned Residential 0 10050 Feet City of Eden Prairie City Council Agenda Cover Memo Date: September 2, 2025 Section: Consent Calendar Item Number: VII.J. Department: Public Works/Engineering – Patrick Sejkora ITEM DESCRIPTION Approve agreement with Stantec Consulting Services, Inc. to provide design, permitting, and bidding services for the 2025-2026 Pond Improvement Project. REQUESTED ACTION Move to: Approve Professional Services Agreement with Stantec Consulting Services, Inc. for 2025-2026 Pond Improvement Project. SUMMARY Pond dredging is a routine stormwater maintenance project is identified in the 2025-2034 Capital Improvement Plan. Ponds are dredged when accumulated sediment impedes the flow of water in the pond or reduces the pollutant removal efficacy of the basin. For 2025, the City is planning to dredge Pond 06-21-C. This pond off Chennault Way was constructed in 1987 and receives stormwater runoff from a large residential drainage area. The pond is intended to remove pollutants prior to the stormwater being discharged to a wetland complex adjacent to Purgatory Creek. Bathymetry of the pond indicates the pond has reached about 70-percent of its sediment capacity and is no longer effectively treating stormwater runoff. The Professional Services Agreement with Stantec includes survey, design, permitting, and bidding and has a not-to-exceed cost of $56,283.00. The project is funded by the Stormwater Utility Fund. ATTACHMENT Professional Services Agreement (rev. 6/2024) Agreement for Professional Services This Agreement (“Agreement”) is made on this 2nd day of September, 2025, between the City of Eden Prairie, Minnesota, a municipal corporation (hereinafter “City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Stantec Consulting Services, Inc., a Minnesota Corporation (hereinafter “Consultant”) whose business address is One Carlson Parkway North, Suite 100, Plymouth, MN, 55447-4440. Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for IC 25812 – 2025-2026 Pond Improvement Project hereinafter referred to as the “Work”. The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit A (Letter Dated August 22, 2025) in connection with the Work. Exhibit A is intended to be the scope of service for the work of the Consultant. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Term. The term of this Agreement shall be from September 2, 2025 through January 31, 2026 the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $56,283.00 for the services as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. c. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental Page 2 of 10 (rev. 6/2024) actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: a. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. b. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. c. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. d. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: a. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City’s project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. Page 3 of 10 (rev. 6/2024) b. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on Exhibit A performed prior to receipt of written notice from the City of such suspension. c. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City. d. Claims. By making the claim for payment, the person making the claim is declaring that the account, claim, or demand is just and correct and that no part of it has been paid. 6. Project Manager and Staffing. The Consultant shall designate a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the Project Manager without the approval of the City. 7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein. 9. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on Page 4 of 10 (rev. 6/2024) the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 10. Independent Consultant. Consultant is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Consultant and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Consultant an employee of the City. 11. Insurance. a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. If Consultant’s insurance does not afford coverage on behalf of subcontractors, Consultant must require and verify that all subcontractors maintain insurance meeting all the requirements of this paragraph 11, and Consultant must include in its contract with subcontractors the requirement that the City be listed as an additional insured on insurance required from subcontractors. In such case, prior to a subcontractor performing any Work covered by this Agreement, Consultant must: (i) provide the City with a certificate of insurance issued by the subcontractor’s insurance agent indicating that the City is an additional insured on the subcontractor’s insurance policy; and (ii) submit to the City a copy of Consultant’s agreement with the subcontractor for purposes of the City’s review of compliance with the requirements of this paragraph 11. c. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate Page 5 of 10 (rev. 6/2024) $2,000,000 Products – Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 d. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. e. Professional Liability Insurance. In addition to the coverages listed above, Consultant shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. It shall be Consultant’s responsibility to pay any retention or deductible for the professional liability insurance. Consultant agrees to maintain the professional liability insurance for a minimum of two (2) years following termination of this Agreement. f. Consultant shall maintain “stop gap” coverage if Consultant obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. g. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations. h. All policies, except the Professional Liability Policy, shall apply on a “per project” basis. i. All General Liability policies, Automobile Liability policies and Umbrella policies shall contain a waiver of subrogation in favor of the City. j. All policies, except for the Worker’s Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. Page 6 of 10 (rev. 6/2024) k. All polices, except the Worker’s Compensation Policy and the Professional Liability Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. The Professional Liability policy shall insure the indemnity obligations assumed by Consultant under this Agreement except with respect to the liability for loss or damage resulting from the negligence or fault of anyone other than the Consultant or others for whom the Consultant is legally liable. l. Consultant agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. m. It shall be Consultant’s responsibility to pay any retention or deductible for the coverages required herein. n. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non- renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City. o. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. p. A copy of the Consultant’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant’s Work. Upon request a copy of the Consultant’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City’s right to enforce the terms of Consultant’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. q. Effect of Consultant’s Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless Page 7 of 10 (rev. 6/2024) of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 12. Indemnification. Consultant will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Consultant, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Consultant, its agents, contractors and employees, relative to this Agreement. Notwithstanding the foregoing, Consultant’s obligation to defend the City will not apply to claims covered by Consultant’s professional liability insurance. City will indemnify and hold Consultant harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 13. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement (“Information”) shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement (“Project”) does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance Page 8 of 10 (rev. 6/2024) with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements Page 9 of 10 (rev. 6/2024) and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions. Page 10 of 10 (rev. 6/2024) a. Audit Disclosure. In accordance with Minn. Stat. § 16C.05, subd. 5, the books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. This provision will survive the completion or termination of this Agreement. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13 (“MGDPA”). In accordance with Minn. Stat. § 13.05, subd. 11, to the extent this Agreement requires Contractor to perform any function of the City, all government data, as defined in Minn. Stat. § 13.02, subd. 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the MGDPA and Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar MGDPA compliance language. These obligations will survive the completion or termination of the Agreement. 30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager CONSULTANT By: Its: Page 11 of 10 (rev. 6/2024) EXHIBIT A Quote/Proposal/Scope of Services City Council Agenda Cover Memo Date: September 2, 2025 Section: Consent Calendar Item Number: VII.K. Department: Administration – Alecia Rose, Administrative Services/HR Director ITEM DESCRIPTION Multiyear Health Plan Agreement REQUESTED ACTION Authorize City Manager to sign Multiyear Health Plan Agreement with HealthPartners for employee medical insurance. SUMMARY The City issued a request for proposal for employee medical insurance coverage effective January 1, 2026. Medica, HealthPartners, Blue Cross Blue Shield (BCBS), Public Employees Insurance Program (PEIP) submitted qualified proposals for medical insurance. Aetna, Allina, Minnesota Healthcare Consortium (MHC), United Healthcare (UHC) and Sourcewell declined to quote. Proposed rates for the first year ranged from a 48% increase to a 21.4% increase. Rate caps for the second year were given by HealthPartners (16.5%) and Medica (15%). City staff worked with Arthur J. Gallagher, Inc (insurance consultants) and an employee wellness committee in selecting HealthPartners as the best medical insurance proposal. ATTACHMENTS Multiyear Health Plan Agreement 1.1 1.2 Table 1 Guaranteed Rates Plan Year Plan Year Plan Year Plan Year Plan Year 2026 2027 2028 2029 2030 OA $2000-80% NE HSA Enhanced - Open Access Single $1,002.18 $1,167.54 $1,167.54 $1,167.54 $1,167.54 Single + 1 $2,004.40 $2,335.13 $2,335.13 $2,335.13 $2,335.13 Family $2,380.19 $2,772.92 $2,772.92 $2,772.92 $2,772.92 WHEREAS, each Party has independently determined that this Agreement is in its best interests and each Party is committed to a successful implementation of the terms and conditions expressed in this Agreement; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows; ARTICLE 1 HEALTHPARTNERS DUTIES RECITALS This AGREEMENT is made by and between HealthPartners, Inc. a Minnesota nonprofit corporation ("HealthPartners") and City Of Eden Prairie ("Client"), together "the Parties", and is effective as of January 1, 2026 ("Effective Date") ("the Agreement"). WHEREAS, the Parties desire to enter into a mutually beneficial long term relationship which will bring stability and predictability to the costs of providing high quality health care benefits to the Client’s employees and dependents, and WHEREAS, Client has released a request for proposal contemplating a multi-year agreement and HealthPartners has responded to such request (“Proposal”), and WHEREAS, in exchange for such a long term relationship, HealthPartners is willing to offer guaranteed rates to Client and Client is willing to remain contracted with HealthPartners for the term of the Agreement and Multiyear Health Plan Agreement Plan Offering. HealthPartners shall provide for the time period specified (“Plan Years”), the health plan coverage (“Product” or “Products”) as described in the HealthPartners Proposal of 5/22/2025 under the terms of this Agreement. In the event a particular Product is no longer offered, a comparable Product in terms of benefit design will be offered upon renewal with appropriate actuarial values of any benefit changes applied to the Guaranteed Rates as described in Section 1.2. Guaranteed Rates. HealthPartners guarantees, for the Plan Years described in the Proposal, the rates for all Products as follows, or the standard HealthPartners renewal calculation for all Products, whichever is more favorable to Client: 8/21/2025 Page 1 of 5 OA $1000-80% E HRA Enhanced - Open Access Single $1,160.44 $1,351.91 $1,351.91 $1,351.91 $1,351.91 Single + 1 $2,320.92 $2,703.87 $2,703.87 $2,703.87 $2,703.87 Family $2,756.06 $3,210.81 $3,210.81 $3,210.81 $3,210.81 NationalONE Empower HSA $5000-100% Single $908.79 $1,058.74 $1,058.74 $1,058.74 $1,058.74 Single + 1 $1,817.61 $2,117.52 $2,117.52 $2,117.52 $2,117.52 Family $2,158.38 $2,514.51 $2,514.51 $2,514.51 $2,514.51 1.3 a. b. c. 1.4 2.1 2.2 2.3 Contribution and Participation. Client shall: a. maintain the current employer premium and fund contribution strategy, Renewals. HealthPartners shall release a standard renewal calculation prior to the end of each Plan Year. Master Group Contract. This Agreement is subject to all the terms and conditions of the fully insured Master Group Contract issued separately upon acceptance of the Client’s application for coverage. Sole Carrier. Client shall remain directly contracted with HealthPartners on a fully insured basis as the sole carrier offered to any and all Client employees for any medical benefit offering, during the term of this Agreement. The actuarial value of any new or increased eligibility or benefit mandated by law or regulation or other change to Product features required by law shall result in a corresponding change to the Guaranteed Rates. Any enrollment change of 10% or more from initial enrollment, whether due to expansion, merger, acquisition, sale, reduction in force or other reason, may result in a revision to the Guaranteed Rates, at the sole discretion of HealthPartners. If upon such enrollment change, HealthPartners revises the Guaranteed Rates for any Plan Year(s) the Client may terminate the Agreement and such termination will not be an Early Termination or Breach, by either Party, under Section 3.2. HealthPartners has no obligation to honor the revised guaranteed rates prepared for Client in response to the enrollment change. If the Client does not terminate the Agreement under this provision, then the Guaranteed Rates and Rate Differentials tables will be amended. ARTICLE IICLIENT DUTIES Adjustments. Notwithstanding the above, the following exceptions and adjustments apply to the Guaranteed Rates described in Section 1.2: The actuarial value of any new or increased premium taxes, industry fees, excise taxes, research fees, or any other government or regulatory assessments, or other taxes as a result of any change in law or regulation, including but not limited to, the Affordable Care Act of 2010 or other state or federal health care reform legislation, shall result in a corresponding change to the Guaranteed Rates. 8/21/2025 Page 2 of 5 b. c. meet the current participation guidelines, and d. 2.4 3.1 3.2 Table 2 Standard Rates Plan Year Plan Year Plan Year Plan Year Plan Year 2026 2027 2028 2029 2030 OA $2000-80% NE HSA Enhanced - Open Access Single $1,062.31 $1,237.59 $1,237.59 $1,237.59 $1,237.59 Single + 1 $2,124.66 $2,475.24 $2,475.24 $2,475.24 $2,475.24 Family $2,523.00 $2,939.30 $2,939.30 $2,939.30 $2,939.30 OA $1000-80% E HRA Enhanced - Open Access Single $1,230.07 $1,433.02 $1,433.02 $1,433.02 $1,433.02 Single + 1 $2,460.18 $2,866.10 $2,866.10 $2,866.10 $2,866.10 Family $2,921.42 $3,403.46 $3,403.46 $3,403.46 $3,403.46 NationalONE Empower HSA $5000-100% Single $963.32 $1,122.26 $1,122.26 $1,122.26 $1,122.26 Single + 1 $1,926.67 $2,244.57 $2,244.57 $2,244.57 $2,244.57 Family $2,287.88 $2,665.38 $2,665.38 $2,665.38 $2,665.38 fulfill HealthPartners coverage requirements of the Master Group Contract regarding Product offerings. maintain the current Product offerings. Plans with a benefit value within 5% of the current plan or plans’ benefit value (determined using HealthPartners' value calculator) satisfy this Product maintenance requirement. Plan changes with a benefit value difference of 5% or less will be rated based on the value of such benefit change, Authority. Client represents and warrants that it has full authority under law and its governancrequirements to enter into this Agreement. By executing this Agreement below, Client intends for HealthPartners to rely on the authority of the signatory to this Agreement to bind the Client to the terms of this Agreement. ARTICLE IIITERM, TERMINATION AND BREACH Early Termination or Breach. In the event Client terminates this Agreement prior to the completion of the last Plan Year or fails to comply with any of the terms of this Agreement or the Master Group Contract described in Section 2.3, Client shall pay to HealthPartners the Rate Differentials as shown in Table 3 (i.e., the difference between the Guaranteed Rates of Table 1 and the Standard Rates of Table 2), times the last month’s enrollment times the number of months remaining to the completion of the last Plan Year. Term. This Agreement applies to the Plan Years as shown in Section 1.2, for a total Guaranteed Rate period of 24 months. 8/21/2025 Page 3 of 5 Table 3 Rate Differentials Plan Year Plan Year Plan Year Plan Year Plan Year 2026 2027 2028 2029 2030 OA $2000-80% NE HSA Enhanced - Open Access Single $60.13 $70.05 $70.05 $70.05 $70.05 Single + 1 $120.26 $140.11 $140.11 $140.11 $140.11 Family $142.81 $166.38 $166.38 $166.38 $166.38 OA $1000-80% E HRA Enhanced - Open Access Single $69.63 $81.11 $81.11 $81.11 $81.11 Single + 1 $139.26 $162.23 $162.23 $162.23 $162.23 Family $165.36 $192.65 $192.65 $192.65 $192.65 NationalONE Empower HSA $5000-100% Single $54.53 $63.52 $63.52 $63.52 $63.52 Single + 1 $109.06 $127.05 $127.05 $127.05 $127.05 Family $129.50 $150.87 $150.87 $150.87 $150.87 3.3 3.4 a. b. 4.1 HealthPartners shall waive the Rate Differentials in the event: Group Size. In the event federal or state law requires community rating for groups of a particular size and Client’s group size falls within such parameters, upon the effective date of such change as applied to Client, this Agreement will be terminated and appropriate replacement products and rates will be offered, in accordance with current law. ARTICLE IV THIRD PARTIES Client Due Diligence. Client has received advice and counsel from a third party consultant, which the Client separately selected and retained, as part of its due diligence in the process of selecting a carrier for the Plan Years covered in this Agreement. Client acknowledges that such third party consultant is not an agent of HealthPartners and is an independent advisor not selected by HealthPartners. Client informs HealthPartners of its intent to change to a self-insured arrangement and signs letter agreement stating this intent 180 calendar days prior to the Plan Year renewal, and Client enters into a mutually agreed upon self-insured arrangement with a HealthPartners affiliate and concludes a signed administrative services agreement at least 120 calendar days prior to the Plan Year renewal. Waiver. In the event state or federal law requires the Client to terminate this Agreement, HealthPartners may waive some or all of the Rate Differentials, in its sole discretion. 8/21/2025 Page 4 of 5 5.1 5.2 Accepted and agreed to, with an Effective Date as noted first above HealthPartners, Inc. Signature Date Tony Andersen Vice President, Underwriting City Of Eden Prairie Signature Date Name Title Signature Date Name Title Audit Disclosure and Data Practices: Any reports, information, data, etc. given to, or prepared or assembled by the Contractor under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act) If Contractor is performing any of the functions of the City during performance of this Agreement, all government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing such functions is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Agreement shall contain similar Data Practices Act compliance language. Governing Law, Jurisdiction, and Venue: This Agreement shall be governed by and interpreted under Minnesota law. Any lawsuit arising directly or indirectly out of this Agreement shall be brought in a court of competent jurisdiction located in the state of Minnesota. ARTICLE VMISCELLANEOUS 8/21/2025 Page 5 of 5 City Council Agenda Cover Memo Date: September 2, 2025 Section: Consent Calendar Item Number: VII.L. Department: Rick Clark, Facilities Manager, Administration ITEM DESCRIPTION Snow and Ice Management Services REQUESTED ACTION Approve the Standard Agreement for Contract Services with Excel Lawn & Landscape for Snow and Ice Management Services for $117,500. SUMMARY Staff recommends entering into a Standard Agreement for Contract Services with Excel Lawn & Landscape for Snow and Ice Management Services at the City Center and Fire 1. This seasonal contract provides complete snow removal and deicing services for the 2025/2026 season. An RFP for Snow and Ice Management Services was issued, and three bids were received. The recommended contractor, Excel Lawn & Landscape, submitted the lowest bid, has worked with the City previously, and demonstrates a strong performance history. Bid Summary: • Excel Lawn & Landscape: $117,500 • Groom and Bloom: $135,000 • Dvorak Lawn Care: $132,750 Staff recommends Excel Lawn & Landscape as the lowest responsible bidder. ATTACHMENTS Standard Agreement for Contract Services with Excel Lawn & Landscape (rev. 6/2024) Agreement for Contract Services This Agreement (“Agreement”) is made on the 2nd day of September 2025, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Excel Lawn & Landscape LLC., a Minnesota Corporation (hereinafter "Contractor") whose business address is 3615 Elmwood Place Minnetonka, MN 55340. Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of services by Contractor for Snow and Ice Management Services hereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Scope of Work. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Effective Date and Term of Agreement. This Agreement shall become effective as of November 1, 2025, and ending on April 15, 2026. 3. Obligations of Contractor. Contractor shall conform to the following obligations: a. Contractor shall provide the materials and services as set forth in Exhibit A. b. Contractor and its employees will park in service areas or lots and use entries and exits as designated by City. Contractor’s personnel will contact the appropriate person (i.e. receptionist, maintenance personnel, security, etc,) immediately upon entering the building, and will sign in and out if required by City. c. Care, coordination and communication by Contractor is imperative so that guests and employees in the buildings are not disturbed or inconvenienced during the performance of the contracted services. d. Contractor’s personnel must be neat appearing, wear a uniform and badge that clearly identifies them as a service contractor, and abide by City’s no smoking policies. e. Contractor must honor the City’s request to reassign an employee for cause. Cause may include performance below acceptable standards or failure to present the necessary image or attitude, in the judgment of the owner, to present a first class operation. Standard Agreement for Contract Services (rev. 6/2024) Page 2 of 12 f. When necessary, Contractor’s personnel will be provided with keys or access cards in order to perform their work. Any lost keys or cards that result in rekeying a space or other cost to the City will be billed back to the Contractor. 4. City’s Obligations. City will do or provide to Contractor the following: a. Provide access to City properties as appropriate. b. Provide restroom facilities as appropriate. 5. Compensation for Services. City agrees to pay the Contractor for work rendered pursuant to this Agreement and as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 6. Method of Payment. a. Contractor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City. b. Claims. By making the claim for payment, the person making the claim is declaring that the account, claim, or demand is just and correct and that no part of it has been paid. c. No fuel surcharges or surcharges of any kind will be accepted nor will they be paid. 7. Project Manager. The Contractor shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the Project Manager without the approval of the City. 8. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or Standard Agreement for Contract Services (rev. 6/2024) Page 3 of 12 damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 9. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. Standard Agreement for Contract Services (rev. 6/2024) Page 4 of 12 d. Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. e. All policies, except the Worker’s Compensation Policy, shall name the “City of Eden Prairie” as an additional insured. f. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations. g. All policies shall contain a waiver of subrogation in favor of the City. h. All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver of subrogation in favor of the City. i. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Agreement. j. Contractor agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. k. It shall be Contractor’s responsibility to pay any retention or deductible for the coverages required herein. l. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor’s Work. Upon request a copy of the Contractor’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate Standard Agreement for Contract Services (rev. 6/2024) Page 5 of 12 of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City’s right to enforce the terms of Contractor’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 10. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 11. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Agreement and shall be free from defects in materials, workmanship, and operation which appear within a period of one Standard Agreement for Contract Services (rev. 6/2024) Page 6 of 12 year, or within such longer period as may be prescribed by law or in the terms of the Agreement, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Agreement, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY’S REMEDY OR THE CONTRACTOR’S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials. The Contractor shall post bonds to secure the warranties. 12. Termination. a. This Agreement may be terminated at any time by either party for breach or non- performance of any provision of this Agreement in accordance with the following. The party (“notifying party”) who desires to terminate this Agreement for breach or non-performance of the other party (“notified party”) shall give the notified party notice in writing of the notifying party’s desire to terminate this Agreement describing the breach or non-performance of this Agreement entitling it to do so. The notified party shall have five (5) days from the date of such notice to cure the breach or non-performance. Upon failure of the notified party to do so, this Agreement shall automatically terminate. b. Upon the termination of this Agreement, whether by expiration of the original or any extended term or terms hereof, or for any other reason, Contractor shall have the right, within a reasonable time after such termination to remove from City’s premises any and all of Contractor’s equipment and other property. Except for liability resulting from acts or omissions of a party, arising, taken or omitted prior to such termination, the rights and obligations of each party resulting from this Agreement shall cease upon such termination. Any prior liability of a party shall survive termination of this Agreement. Standard Agreement for Contract Services (rev. 6/2024) Page 7 of 12 c. In the event of dissolution, termination of existence, insolvency, appointment of a receiver, assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency law, or the service of any warrant, attachment, levy or similar process involving Contractor, City may, at its option in addition to any other remedy to which City may be entitled, immediately terminate this Agreement by notice to Contractor, in which event, this Agreement shall terminate on the notice becoming effective. 13. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. Standard Agreement for Contract Services (rev. 6/2024) Page 8 of 12 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Contractor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. Standard Agreement for Contract Services (rev. 6/2024) Page 9 of 12 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions. a. Audit Disclosure. In accordance with Minn. Stat. § 16C.05, subd. 5, the books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. This provision will survive the completion or termination of this Agreement. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Contractor under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13 (“MGDPA”). In accordance with Minn. Stat. § 13.05, subd. 11, to the extent this Agreement requires Contractor to perform any function of the City, all government data, as defined in Minn. Stat. § 13.02, subd. 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the MGDPA and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Agreement shall contain similar MGDPA compliance language. These obligations will survive the completion or termination of the Agreement. Standard Agreement for Contract Services (rev. 6/2024) Page 10 of 12 30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE __________________________________ Mayor ___________________________________ City Manager CONTRACTOR By: ________________________________ Its: _______________________________ Standard Agreement for Contract Services (rev. 6/2024) Page 11 of 12 EXHIBIT A Quote/Proposal/Scope of Work Standard Agreement for Contract Services (rev. 6/2024) Page 12 of 12 City Council Agenda Cover Memo Date: September 2, 2025 Section: Consent Calendar Item Number: VII.M. Department: Community Development / Planning Julie Klima / Sarah Strain ITEM DESCRIPTION Communications Facilities License Agreement at 8080 Mitchell Road REQUESTED ACTION Move to Adopt the Resolution for the 8080 Mitchell Road Communications Facilities License Agreement. SUMMARY Verizon Wireless currently operates a Communications Facility on the roof of the City Center building. This installation was constructed in 2015 at the request of the City to improve emergency response signals and service coverage. The current License Agreement expires on October 5, 2025. A new License Agreement has been agreed upon by Verizon Wireless, which will allow Verizon Wireless to continue to occupy and operate on a portion of the City Center rooftop. The agreement is for 5-year period with four (4) renewals for 5 years each. The total license agreement is for 25 years. Verizon Wireless will pay $175 per month for utilities. This utility payment will increase 5% for each renewal term. Staff recommends approval of the License Agreement. ATTACHMENTS Resolution for Communications Facilities License Agreement License Agreement dated August 12, 2025 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2025-____ A RESOLUTION GRANTING A COMMUNICATION FACILITIES LICENSE AGREEMENT AT THE CITY CENTER SITE, 8080 MITCHELL ROAD, EDEN PRAIRIE, MINNESOTA WHEREAS, Verizon Wireless, in collaboration with the City of Eden Prairie, entered into a License Agreement with the City on October 6, 2015 to improve wireless communication for the Police Department and Public Safety communication; and WHEREAS, the original License Agreement with the City expires on October 5, 2025; and WHEREAS, both parties desire to continue the operation and services at 8080 Mitchell Road; and WHEREAS, The City of Eden Prairie and Verizon Wireless have agreed to terms for a new Communication Facilities License Agreement at 8080 Mitchell Road, Eden Prairie, Minnesota, for a term of five (5) years beginning on September 2, 2025, with an option to extend the Agreement for four (4) additional five (5) year term; and WHEREAS, the City Council has reviewed said request at a public meeting on September 2, 2025. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that the new Communication Facilities License Agreement between the City of Eden Prairie and Verizon Wireless with a commencement date September 2, 2025 is approved. ADOPTED by the City Council of the City of Eden Prairie this 2nd day of September, 2025. _______________________ Ronald A. Case, Mayor ATTEST: ________________________ David Teigland, City Clerk Site Name: MIN EPPD SC2 MDG: 5000323836 1 LICENSE AGREEMENT THIS LICENSE AGREEMENT (“License” or “Agreement”) is entered into as of _________________, 2025 (the “Effective Date”), between the City of Eden Prairie, a Minnesota municipal corporation (“Licensor”) and Cellco Partnership d/b/a Verizon Wireless, whose principal place of business is One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920 (“Licensee”), (each a “Party” and collectively referred to as “the Parties”). RECITALS WHEREAS, Licensor is the owner of certain real property located in Hennepin County, Minnesota, as legally described on Exhibit A attached hereto (the “Land”) on which is situated the City Center Building (the “Building”). The Land and Building are hereinafter called the “Property. WHEREAS, Licensee currently operates and maintains a communications facility and associated equipment on the Building. WHEREAS, Licensor and Licensee’s predecessor-in-interest are parties to a License Agreement dated October 6, 2015, as amended by Amendment No. 1 to Communication Facilities License Agreement signed March 16, 2016, which allows for Licensee’s maintenance of communications facilities on the Property (the “2015 License”). Licensee exercised all options to extend the 2015 License, and the agreement expires on October 5, 2025. WHEREAS, Licensee desires a new, non-exclusive license and agreement to use portions of the Property for the purpose of constructing, operating, and maintaining a communications facility and associated equipment. WHEREAS, this License will terminate, supersede, and replace the 2015 License in its entirety, and Licensee’s placement and maintenance of facilities on the Property will be subject only to the terms of this License. NOW, THEREFORE, in consideration of the foregoing Recitals which are incorporated herein by reference, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. PROPERTY AND PREMISES Subject to the following terms and conditions, Licensor licenses to Licensee certain space on the Property, together with non-exclusive easements for access and utilities over, under and across the Property (the “Premises”) as described on Exhibit B attached hereto. 2. TERM The initial term (“Initial Term”) of this License will be for five (5) years and will commence on the Effective Date (the “Commencement Date”). Subsequent renewals of the License will be for five (5) year periods (each a “Renewal Term”). The Initial Term shall automatically be extended for up to four (4) additional five (5) year terms (each 5- year term, a “Renewal Term” and, collectively with the “Initial Term”, the “Term”) unless Licensee elects to terminate the License at the end of the then-current term by giving Site Name: MIN EPPD SC2 MDG: 5000323836 2 Licensor written Notice at least ninety (90) days prior to the end of the then-current term. 3. USE AND OWNERSHIP A. Subject to the terms of this License, the Premises may be used by Licensee solely for the purposes of constructing, maintaining, and operating certain communications facilities in accordance with the transmission and reception of wireless communication signals authorized for use by Licensee by the Federal Communications Commission (“FCC”). Licensee’s communications facilities may include cellular and link antennas, antenna mounts, necessary wave-guide and appurtenances, ground equipment (cabinet containing radio transmission, computer equipment, and emergency battery and generator equipment), screening fence, and underground utility wires, cables, conduits, and pipes, as described on Exhibit B attached hereto (the “Facilities”). B. Licensee must maintain and operate the Premises in accordance with good engineering practices, in accord with all applicable FCC rules and regulations, and to cause all other site users and users of the Premises, where feasible, to do the same. C. Licensee, its agents and contractors, are hereby granted the right, at its sole cost and expense, to enter upon the Property and conduct such studies as Licensee deems necessary to determine the Property’s suitability for Licensee’s intended use. These studies may include surveys, soil tests, environmental evaluations, radio wave propagation measurements, field strength tests and such other analyses and studies as Licensee deems necessary or desirable. Licensee must restore the Property to its original condition following any such studies. D. If Licensor is required by law to collect any federal, state, or local tax, fee, or other governmental imposition (each, a “Tax”) from Licensee with respect to the transactions contemplated by this Agreement, then Licensor shall bill such Tax to Licensee in the manner and for the amount required by law, Licensee shall promptly pay such billed amount of Tax to Licensor, and Licensor shall remit such Tax to the appropriate tax authorities as required by law; provided, however, that Licensor shall not bill to or otherwise attempt to collect from Licensee any Tax with respect to which Licensee has provided Licensor with an exemption certificate or other reasonable basis for relieving Licensor of its responsibility to collect such Tax from Licensee. Except as provided in this Paragraph 3(D), Licensor shall bear the costs of all Taxes that are assessed against or are otherwise the legal responsibility of Licensor with respect to itself, its property, and the transactions contemplated by this Agreement. Licensee shall be responsible for all Taxes that are assessed against or are otherwise the legal responsibility of Licensee with respect to itself, its property, and the transactions contemplated by this Agreement. E. Licensor waives any lien rights it may have, statutory or otherwise, regarding Licensee’s Facilities, all of which will be deemed personal property whether considered real or personal property under applicable state laws. Licensee will not allow any mechanic’s or materialmen’s liens to be placed on the Property as a result of its work on the Property. Site Name: MIN EPPD SC2 MDG: 5000323836 3 F. Licensee will not interfere with Licensor’s use of the Property, or use by others to whom Licensor has granted the use of the Property, and, except as provided in paragraph 4(C) with respect to interference with communications, agrees to cease all such actions which unreasonably and materially interfere with the use thereof by Licensor or others no later than three (3) business days after receipt of written notice of the interference from Licensor. If the interference cannot be eliminated within 30 days after Licensee has received written notice, either Licensor or Licensee may at its option terminate this Agreement immediately. G. Licensee is entitled to ingress, egress, and access from an open and improved public road and access path 24 hours a day, seven days a week, except in case of unforeseen emergency that requires Licensor to limit Licensee’s access. 4. FACILITIES A. Licensee will install the Facilities at its sole cost, in compliance with all FCC rules and regulations and good engineering practices. Prior to installing any Facilities, Licensee must satisfy the Conditions Precedent identified on Exhibit C attached hereto. B. The placement of additional Facilities is subject to the prior approval of the Licensor, which approval may not be unreasonably withheld, conditioned or delayed. C. Licensee agrees that Licensee will not cause interference that is measurable in accordance with industry standards to Licensor’s equipment. Licensor agrees that Licensor and other occupants of the Building will not intentionally cause interference that is measurable in accordance with industry standards to the then existing communications equipment of Licensee. Without limiting any other rights or remedies, if interference occurs and continues for a period in excess of 48 hours following notice to the interfering party via telephone to Licensee’s NMC (1-800- 264-6620 or 1-800-621-2622) or to Licensor at (952-949-8485), the interfering party shall or shall require any other user to reduce power or cease operations of the interfering equipment until the interference is cured. The Parties acknowledge that there will not be an adequate remedy at law for noncompliance with the provisions of this Paragraph and therefore the Parties shall have the right to equitable remedies such as, without limitation, injunctive relief and specific performance. D. Upon written request from Licensor, Licensee shall provide a list of current frequencies used by Licensee at the Building and will perform the necessary interference studies to insure that any modified frequencies will not cause harmful radio interference to other existing users. Licensee will pay for such studies, which must be performed by a registered professional communications engineer. E. If Licensee’s Facilities produce noticeable noise levels that exceed noise regulations per the local ordinances and/or state laws, Licensee will at its own expense install a noise buffer. F. In the event Licensor determines, in its sole discretion, to replace the roof on the Site Name: MIN EPPD SC2 MDG: 5000323836 4 building located on the Property, Licensee will temporarily remove all of its roof- top equipment from the roof within ninety (90) days’ written notice from Licensor. Licensee will be responsible for re-installing its roof-top equipment on roof after roof replacement is complete. All relocation and re-installation necessary as a result of roof replacement will be done at Licensee’s sole cost and expense. The parties may agree to a temporary location at the Building for the affected equipment during the roof work. G. In the event Licensor determines, in its sole discretion, that the installation or operation of Licensee’s facilities may impact the structural integrity of any component of the Property, Licensor may engage a structural engineer or order a structural analysis, at Licensor’s sole cost and expense. H. Licensee’s Responsibility/Use. Licensee may use the following parts of the Property for the following uses, and the construction, maintenance, repair, replacement, removal and operations of the following, all of which are hereafter referred to as “Licensee’s Improvements.” Licensee’s Improvements will be installed at Licensee’s expense and must be maintained in a reasonable condition and secured by Licensee. Licensee must ensure that is use of the Property is consistent with all local, state and federal laws, ordinances, and regulations. (a) Approximately two hundred (200) square feet of rooftop space on the Building for antenna and supporting equipment placement. (c) Utility wires underground and cables, conduits and pipes within that part of the Property described on the Site Plans attached hereto as party of Exhibit B. (d) Right to ingress and egress 24 hours each day, seven (7) days a week , on foot or motor vehicle on and over that part of the Property from and to Licensee’s Improvements as depicted in Exhibit B for the purpose of inspecting, maintaining and repairing its Facility and related equipment, provided however, Licensor may require Licensee to exercise its right of ingress and egress on and over a different part of the Property or other property as may be provided by or through Licensor. 5. UTILITY SERVICE Licensor shall, at all times during the term of this Agreement, provide electrical and telephone services access for the Facility. In consideration for these services, a monthly fee shall be due from the Licensee to Licensor throughout the Term and all Renewal Terms and shall commence on the first day of the month following the Commencement Date, to be paid monthly to Licensor or to such other person, firm, or place as Licensor may designate (“Utility Payment”). The Utility Payment will be $175 per month for the Initial Term and will increase by 5% for each Renewal Term. Licensee will pay for, install, and provide all future Gopher State One Call locates and any additional utility services required by Licensee. Payment for utility services, excluding electricity and telephone payments for the Facility will be Licensee’s responsibility without any adjustment to the Utility Payment. Licensor will not be responsible for any damages Site Name: MIN EPPD SC2 MDG: 5000323836 5 which occur as a result of interruption of utility services except Licensor will be responsible for any direct damages to utilities caused by solely by Licensor. Licensor will reasonably cooperate with Licensee’s efforts to improve existing utilities on the Property for Licensee’s use, or to connect the Facilities to existing utilities on the Property. Licensor will execute any easement, right-of-way, or similar agreement that Licensee or a utility service provider may reasonably request for any such purposes, all costs to be borne by Licensee. Licensee must comply with all ordinances and codes regarding noise and hours of operation when operating back-up power generation for normal routine maintenance. 6. TERMINATION A. Except as otherwise provided herein, this License may be terminated without penalty or further liability, on thirty (30) days’ notice (except as specifically provided below) as follows: (1) At any time during the term of this License by either party upon a default of any covenant or term hereof by the other party which default is not corrected: (a) within fifteen days of receipt of written notice if the default relates to the payment of fees due hereunder; and (b) within thirty (30) days of receipt of written notice of default (without, however, limiting any other rights available to the Parties pursuant to any other provisions hereof); provided, however, that neither party will be in default under this License if it commences curing any such default within such 30-day period and thereafter diligently prosecutes the cure to completion; (2) At any time during the term of this License by Licensee if Licensee is unable to obtain or maintain any license, permit or other governmental approval necessary to the installation and/or operation of the Facilities or Licensee’s business; (3) By Licensor, upon ninety (90) days written notice, if, in Licensor’s sole judgment after consultation with a licensed structural engineer, Licensor determines that the Building is structurally unsound for supporting telecommunications equipment, for any reason, including but not limited to considerations related to the age of the Building, damage to or destruction of all or part of the Building or the Property from any source, or factors relating to the condition of the Property. This Agreement may not be terminated under this paragraph if Licensee, at Licensee’s cost, remedies the structural defect as determined by Licensor’s structural engineer. Before undertaking remedial work to correct any structural defects, Licensee’s proposed corrective work must be approved by Licensor’s structural engineer as to the structural design, and must be approved by Licensor as it affects the aesthetics of the Property; (4) At any time prior to Licensee’s installation of its equipment on the Premises (i) if the Property is or becomes unacceptable under Licensee’s design or engineering specifications for its equipment or the communications system to which the equipment belongs or (ii) Licensee determines that any soil boring tests or structural analysis is unsatisfactory; and (5) At any time prior to Licensee’s installation of its equipment on the Premises Site Name: MIN EPPD SC2 MDG: 5000323836 6 if Licensee’s technical reports do not establish to its exclusive reasonable satisfaction that the Premises is capable of being suitably engineered to accomplish Licensee’s intended use of the Premises. B. Upon termination or expiration of this License, Licensee must at its expense, within ninety (90) days, remove all of its Facilities from the Premises. Licensee will continue to pay to Licensor the full Utility Payment amount until all of Licensee’s Facilities are removed from the Premises and the Premises is restored to original usable condition, ordinary wear and tear excepted. If all Facilities are not removed by the Licensee within 90 days, Licensor may remove the Facilities and restore the Premises. Licensee will reimburse Licensor for all costs incurred by Licensor to remove and dispose of the Facilities and restore the Property. Contemporaneously with the delivery to Licensor of this License Agreement executed by Licensee, Licensee, at its cost and expense, will procure and deliver to Licensor an irrevocable letter of credit (“Letter”) in favor of Licensor in the principal amount of five thousand dollars, ($5,000.00) to secure Licensee’s obligation to remove the Facilities and restore the Premises. Licensor may draw upon the Letter in an amount necessary to reimburse Licensor for its costs. If the Letter is insufficient to cover Licensor’s costs, Licensee will promptly pay to Licensor the deficiency. This paragraph will survive termination of this License Agreement. 7. INSURANCE Licensee must obtain and carry insurance in the amounts and types as follows: A. General Liability. Licensee must obtain, carry, and maintain commercial general liability insurance with limits of $9,000,000 per occurrence for bodily injury and property damage and $9,000,000 general aggregate including Premises/operation, broad form contractual liability, independent contractors, personal and advertising injury and products/completed operations-$9,000,000 aggregate. B. Licensee Property Insurance. Licensee must keep in force during the Term and any Renewal Term “all-risk” – special cause of loss property insurance in the amount of the full replacement cost value covering damages to Licensee’s Facilities at the Property. This policy must waive all subrogation rights against the Licensor. C. Hazardous Materials Coverage. Licensee must carry Contractors Pollution Liability Insurance in the amount of $2,000,000 per occurrence, for damage caused by Hazardous Materials and the release of pollutants. D. Commercial Automobile Liability. Licensee must carry a commercial automobile liability policy in the amount of $6,000,000 combined single limit each accident for bodily injury and property damage covering all owned, hired, and non-owned vehicles. E. Additional Insured. All insurance policies required by this Paragraph 8 must be issued by a company (rated A+’: VII or better by Best Insurance Guide) and licensed, authorized or permitted to do business in the State of Minnesota, All policies except “all-risk” property insurance and workers compensation must include the City of Eden Prairie as an additional insured as their interest may appear Site Name: MIN EPPD SC2 MDG: 5000323836 7 under this Agreement. The insurance policies must provide that Licensee’s coverage is the primary coverage in the event of a loss. The policies must also insure the indemnification obligation(s) contained in Section 8 of this License Agreement. Licensee must provide a Certificate of Insurance and a copy of the blanket additional insured endorsement(s), as applicable, which evidences the existence of this insurance coverage including the City of Eden Prairie as an additional insured must be provided to Licensor before Licensee, or any Party acting on Licensee’s behalf or at Licensee’s behest, enters the Property for the purpose of construction or placing any Facility or related material on the Property. Upon receipt of notice from its insurer(s) the Licensee shall provide the Licensor with thirty (30) days’ prior written notice of cancellation of any required coverage. 8. INDEMNIFICATION A. Licensee and Licensor each indemnify and hold harmless the other and their elected officials, officers, employees, agents, and representatives, from and against any and all claims, costs, losses, expenses, demands, actions, or causes of action, including reasonable attorneys’ fees and other costs and expenses of litigation arising out of the use and occupancy of the licensed Premises or Property by Licensee or Licensor, which may be asserted against or incurred by either Party or for which either Party may be liable in the performance of this License, except those to the extent that the same arise from the negligence, willful misconduct, or other fault of either Party. Licensee will defend all claims arising out of the installation, operation, use, maintenance, repair, removal, or presence of Licensee’s Facilities, equipment, and related facilities on the licensed Premises notwithstanding any provision set forth herein to the contrary. Licensee’s obligations under this paragraph are contingent upon its receiving prompt written notice of any event giving rise to an obligation to indemnify Licensor and Licensor’s granting it the right to control the defense and settlement of the same. Licensor’s obligation to indemnify Licensee will, in any event, be limited as set forth in Minnesota Statutes Section 466.04. B. Hazardous Materials. Without limiting the scope of Subparagraph 8A above, Licensee will be solely responsible for and will defend, indemnify, and hold Licensor, its agents, and employees harmless from and against any and all claims, costs, and liabilities, including attorney’s fees and costs, arising out of or in connection with the cleanup or restoration of the Property resulting from Licensee’s use of Hazardous Materials. For purposes of this License Agreement, “Hazardous Materials” will be interpreted broadly and specifically includes, without limitation, asbestos, fossil fuels, biological fuels, synthetic fuels, batteries or any hazardous substance, waste, or materials as defined in federal, state or local environmental or safety laws or regulations including, but not limited to, CERCLA. The obligation of this Subparagraph 8B will survive the expiration or other termination of this License Agreement. C. Licensee’s Warranty. Licensee represents and warrants that its use of the Property will not generate and Licensee will not store or dispose of on the Property, nor transport to or over the Property, any Hazardous Materials in violation of any applicable law. Site Name: MIN EPPD SC2 MDG: 5000323836 8 D. Licensor’s Warranty. Licensor represents and warrants that it has no knowledge of any Hazardous Materials on the Property in violation of any applicable law. 9. LIMITATION OF LIABILITY Neither Party shall be liable to the other, or any of their respective agents, representatives, employees for any lost revenue, lost profits, diminution in value of business, loss of technology, rights or services, loss of data, or interruption or loss of use of service, incidental, punitive, indirect, special, trebled, enhanced or consequential damages, even if advised of the possibility of such damages, whether such damages are claimed for breach of contract, tort (including negligence), strict liability or otherwise, unless applicable law forbids a waiver of such damages. 10. DEFAULT A. The following will constitute an event of default (“Default”): (1) Licensee’s failure to install its Facilities on or before that date that is one (1) year after the Effective Date. (2) Either Party’s failure to observe or perform any covenant or condition contained in this Agreement within thirty (30) days after written notice to other Party specifying such failure and requiring the defaulting Party to remedy the same. (3) The adjudication of Licensee as bankrupt by a court of competent jurisdiction, or the entry by such a court of an order approving a petition seeking reorganization of Licensee under the federal bankruptcy laws or any other applicable law or statute of the United States of America or any State thereof, or the appointment by such a court of a trustee or receiver or receivers of Licensee or of all or any substantial part of its property upon the application of any creditor in any insolvency or bankruptcy proceeding or other creditor’s suit in each case, the order or decree remains unstayed and in effect for ninety (90) days. (4) The filing by Licensee of a petition in voluntary bankruptcy or the making by it of a general assignment for the benefit of creditors or the consenting by it to the appointment of a receiver or receivers of all or any substantial part of the property of Licensee; or the filing by Licensee of a petition or answer seeking reorganization under the federal bankruptcy laws or any other applicable law or statute of the United States of America or any State thereof; or the filing by Licensee of a petition to take advantage of any debtor’s act. B. Remedies. Except as expressly limited in this License, Licensor and Licensee will have such remedies for the default of the other party hereto as may be provided at law or equity following written notice of such default and failure to cure the same within thirty (30) days or as extended as provided in Paragraph 7A above. Site Name: MIN EPPD SC2 MDG: 5000323836 9 11. SUCCESSORS OR ASSIGNS The terms and conditions of this License will run with the Property. All of the terms, covenants, obligations, and conditions herein will be binding upon and inure to benefit of the successors and assigns of the Parties. This License may be sold, assigned, or transferred by Licensee without any approval or consent of Licensor to Licensee’s principal, affiliates, subsidiaries of its principal, or to any entity which acquires all or substantially all of Licensee’s assets in the market defined by the Federal Communications Commission in which the Property is located by reason of a merger, acquisition, or other business reorganization. As to other parties, this License may not be sold, assigned, or transferred without the written consent of the Licensor, which such consent will not be unreasonably withheld, delayed, or conditioned. No change of stock ownership, partnership interest, or control of Licensee or transfer upon partnership or corporate dissolution of Licensee will constitute an assignment hereunder. 12. QUIET ENJOYMENT Licensee, upon paying the Utility Payment, will peaceably and quietly have, hold and enjoy the Property pursuant to this License. 13. CASUALTY If any portion of the Property or Facilities are damaged by any casualty and such damage adversely affects Licensee’s use of the Property, this License will become terminable by Licensee upon thirty (30) days written notice of such casualty so long as such notice from Licensee is given within thirty (30) days of such casualty. Termination under this Paragraph, upon proper notice, will become effective on the thirtieth (30th) day following the date of such notice. 14. CONDEMNATION If a condemning authority takes any portion of the Property and such taking adversely affects Licensee’s use of the Property, this Agreement will terminate as of the date the title vests in the condemning authority, if Licensee gives written notice of its intent to terminate within thirty (30) days after receiving notice of such vesting. The Parties will be entitled to make claims in any condemnation proceeding for the value of their respective interests in the Property (which for Licensee may include, where applicable, the value of the communications facilities, moving expenses, prepaid Utility Payments, and business-relocation expenses). Sale of all or part of the Property to a purchaser with the power of eminent domain in the face of the exercise of the power will be treated as a taking by condemnation 15. INTENTIONALLY OMITTED. 16. ADDITIONAL BUILDINGS, IMPROVEMENTS, OR ANTENNAS Licensee acknowledges that Licensor may permit additional buildings or improvements to be constructed on the Property and such buildings or improvements may be placed immediately adjacent to Licensee’s Facilities. Licensor may permit antennas of third Site Name: MIN EPPD SC2 MDG: 5000323836 10 parties to be attached to the Building, provided that Licensor’s structural engineer first certifies that the Building will structurally accommodate Licensee’s existing antennas plus the proposed antennas of third parties, provided such equipment does not cause signal interference as provided in Section 4(C) above. 17. TEMPORARY INTERRUPTIONS OF SERVICE If Licensor determines, in its reasonable discretion, that continued operation of Licensee’s Facilities would cause or contribute to an immediate threat to the public health and/or safety (including maintenance and operating personnel), Licensor may order Licensee to discontinue its operations, or if the continued use constitutes an emergency, Licensor may, following a phone call to Licensee’s Network Operations Center at 800-852-2671, cause discontinuance of operation of Licensee’s Facilities. Discontinuance of Licensee’s operations may include, but will not be limited to, shutting down the transmission of electromagnetic waves or impulses to or from the Facilities. Licensee must immediately comply with such an order. Operations must be discontinued only for the period that the immediate threat exists. If Licensor is unable to give prior notice to Licensee, Licensor will notify Licensee as soon as possible after its action and give its reason for taking the action. Licensor will not be liable to Licensee or any other party for any interruption in Licensee’s service or interference with Licensee’s operation of its Facilities. If the discontinuance extends for a period greater than three (3) days, either consecutively or cumulatively, Licensee will have the right to terminate this Agreement upon thirty days’ notice as provided in Paragraph 7. Notwithstanding anything to the contrary in this Agreement, Licensor acknowledges and agrees that the FCC is the only party that has jurisdiction over the interference, health effects and permissible exposure levels of wireless communications facilities. 18. NO DUTY TO REPAIR Licensor will have no duty or obligation to Licensee to maintain, repair, restore, replace, or modify the Land, the Building, any of Licensee’s Facilities, fixtures, personal property, or improvements located thereon or therein. 19. LICENSEE’S COVENANTS Licensee will: (a) use natural gas or propane, and will not use gasoline or diesel fuel, for energy to power any generator installed on the Property; (b) not use any process or method in the installation, maintenance, or removal of any Facility upon the Building by means of welding, cutting tool, or other device which would damage the Building or any equipment attached thereto; (c) protect the Facilities from damage or harm in the event of the repair or maintenance of the Building or other property of Licensor; (d) not, without Licensor’s consent, remove, cut, or trim any trees or other vegetation on the Property other than those shown on Exhibit B; and (e) replace significant trees (as defined in Eden Prairie City Code Section 11.55, subd. 2) lost or reasonably anticipated to be lost as a result of installation of Licensee’s Facilities on the Property, in accordance with Eden Prairie City Code Section 11.55, subd. 4. 20. NOTICES Site Name: MIN EPPD SC2 MDG: 5000323836 11 All notices, requests, demands, and other communications hereunder must be in writing and will be deemed given if personally delivered or mailed, certified mail, return receipt requested or by any nationally recognized courier service, to the following addresses: If to Licensor: City of Eden Prairie Attn: City Manager 8080 Mitchell Road Eden Prairie, MN 55344 With a copy to: Eden Prairie City Attorney Attn: Margaret L. Neuville 100 Washington Avenue South, Suite 1550 Minneapolis, MN 55401 If to Licensee: Cellco Partnership d/b/a Verizon Wireless Attn: Network Real Estate 180 Washington Valley Road Bedminster, New Jersey 07921 With a copy to: Basking Ridge Mail Hub Attn: Legal Intake One Verizon Way Basking Ridge, New Jersey 07920 21. MISCELLANEOUS: A. Licensor represents and warrants it has the legal authorization to enter into and sign this License and has good and marketable title to the Property. B. This License supersedes all prior discussions and negotiations and contains all agreements and understandings between the Licensor and Licensee. This License may only be amended in writing signed by all Parties. Exhibits A through C are incorporated into this License by reference. No provision of this License will be deemed waived by either party unless expressly waived in writing by the waiving party. No waiver will be implied by delay or any other act or omission of either party. No waiver by either party of any provisions of this License will be deemed a waiver of such provision with respect to any subsequent matter relating to such provision. C. This License may be signed in counterparts by the Parties hereto. D. Any claim, controversy, or dispute arising out of this License Agreement may, upon mutual agreement of the parties, be referred to mediation. The costs of mediation will be shared equally by the parties except that each party will pay its own attorneys’ fees. Absent the parties’ agreement to mediate or if mediation is unsuccessful, any claim, controversy, or dispute arising out of this License Agreement shall be litigated in a court of competent jurisdiction in Hennepin County. Site Name: MIN EPPD SC2 MDG: 5000323836 12 E. This License will be construed in accordance with the laws of the State of Minnesota F. If any Term of this License is found to be void or invalid, such finding will not affect the remaining terms of this License, which will continue in full force and effect. G. Replacement Agreement. This Agreement shall replace the 2015 License. The 2015 License shall terminate and shall be considered null and void upon the Commencement Date of this Agreement and no further notice of termination or additional writing shall be necessary on the part of either party. The parties agree that Licensee shall make rent payments per the 2015 License up to the Commencement Date. On the Commencement Date, the terms of this Agreement shall govern all rights and obligations of the parties with respect to the Building and all rent payments shall be made pursuant to this Agreement. IN WITNESS WHEREOF the Parties have executed this License Agreement effective as of the day and year first above written. (signature pages follow) Site Name: MIN EPPD SC2 MDG: 5000323836 13 LICENSOR: City of Eden Prairie, a Minnesota municipal corporation By: __________________________________ Ronald A. Case Its: Mayor AND By: ___________________________________ Rick Getschow Its: City Manager Site Name: MIN EPPD SC2 MDG: 5000323836 14 LICENSEE: Cellco Partnership d/b/a Verizon Wireless By: _________________________________ _________________________________ Its: _________________________________ LIST OF EXHIBITS Exhibit A: Legal Description of the Property Exhibit B: Approved Plans and Specifications Exhibit C: Conditions Precedent EXHIBIT A Legal Description of Property City Hall Parcel That part of the East 1/2 of the Northeast 1/4 of Section 16, Township 116, Range 22, West of the 5th principal meridian, lying Southerly of a line drawn from a point on the East line of the Northeast 1/4 of said section which is distant 1106.50 feet North along said East line from the Southeast corner of said Northeast 1/4 to a point on the West line of the East 1/2 of said Northeast 1/4 which is distant 953.5 feet North along said West line from the Southwest corner of said East 1/2; except the South 298.20 feet of the West 323.90 feet of the East Half of the Northeast Quarter of Section 16, Township 116, Range 22 West of the 5th Principal Meridian, Hennepin County, Minnesota; subject to the rights of way of Scenic Heights Road, Mitchell Road and Technology Drive. Hennepin County, Minnesota EXHIBIT B Plans and Specifications [To be provided by Licensee] EXHIBIT C CONDITIONS PRECEDENT 1. All permits from all local or federal land use jurisdictions for the intended use. 2. All local airspace authorities and FAA determination of no hazard to airspace. 3. FCC authorization to utilize this location for the intended use. 4. Licensee’s technical reports must establish to its exclusive satisfaction that the Property is capable of being suitably engineered to accomplish Licensee’s intended use of the Property. 5. Licensee’s technical reports must establish to the Licensor’s exclusive satisfaction that the installation will not interfere with other communication devices and systems presently in place. City Council Agenda Cover Memo Date: September 2, 2025 Section: Public Hearing Item Number: VIII.A. Department: Community Development / Planning Julie Klima / Sarah Strain ITEM DESCRIPTION The applicant is requesting approval to construct an approximately 1,144 square foot addition onto the existing building at 7815 Terrey Pine Court. The 0.46- acre site is home to Prairie Village Pet Hospital, which will be expanded and remodeled as part of this site work. The site is located in the Shoreland Overlay zoning district as it is within 1,000 feet of Mitchell Lake. Two waivers are requested in this application, one for parking setbacks and one for impervious surface coverage. REQUESTED ACTION Move to close the public hearing and: • Adopt a Resolution for a PUD Concept Review on 0.46 acres • Approve the 1st reading of an Ordinance for a PUD District Review with waivers on 0.46 acres • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. SUMMARY The site is zoned and guided Office. The site is in the Shoreland Overlay zoning district as it is within 1,000 feet of Mitchell Lake, meaning the lot has a maximum impervious surface coverage of 30 percent of the total lot area. Prairie Village Pet Hospital will continue business at this site with the addition and remodel being able to better serve their clients. The proposed addition will be at the back of the building, extending toward the west property line. Additional parking will be constructed on site to meet City Code requirements. Two (2) proof of parking stalls have been identified on the site plan. City Code allows up to 15 percent of the required parking stalls to be shown as proof of parking on an approved site plan. These stalls will be constructed if and when the business need warrants. The current building architecture will be continued onto the addition to create a seamless look for the building. The building is primarily brick with siding underneath the gables. PLANNED UNIT DEVELOPMENT WAIVERS The purpose of a Planned Unit Development (PUD) as stated in the City Code is to provide for a more creative and efficient approach to the use of land within the City; to allow variety in the types of environment available to people and distribution of overall density of population and intensity of land use where desirable and feasible; and provide for greater creativity and flexibility in environmental design. The applicant is requesting two waivers as listed below: • Parking Setback: City Code requires a parking setback of 35 feet along a front property line. Four (4) of the parking stalls are proposed to be within the front yard setback, including one (1) existing stall that was constructed when the building was built in the 1980s. The applicant is requesting a waiver to allow a 10-foot parking setback for the stalls along the front lot line. City staff supports the waiver. The subject property is less than an acre. Redevelopment of the site requires flexibility to fit a building and parking on the site. Additionally, the parcel has a large front yard area since the property abuts both the road and the bulb of the cul-de-sac, which constricts the site. • Impervious Surface Area: City Code requires all properties within the Shoreland Overlay zoning district to have no more than 30 percent impervious surface coverage. This lot was built prior to Shoreland Ordinance rules and currently has 39 percent impervious surface cover. The applicant is requesting a waiver to allow 53 percent impervious surface coverage to construct the addition and required parking. City staff supports the waiver. The property is zoned and guided for office use. The neighboring parcels, also within the Shoreland District, have similar or higher impervious surface coverages than 7815 Terrey Pine Court. The site currently has no stormwater management, and the installation of a rain garden will help mitigate the impact from run-off on the site. At their July 28, 2025 meeting, the Planning Commission voted 8-0 to recommend that the City Council approve the project. The 120-day review period expires on November 12, 2025. ATTACHMENTS Ordinance for PUD District Review Resolution for PUD Concept Review PC Staff Report Planning Commission Minutes PRAIRIE VILLAGE PET HOSPITAL CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2025-PUD-_-2025 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE DESIGNATION OF CERTAIN LAND WITHIN A ZONING DISTRICT AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the “land”) is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the designation of the land be amended within the Office (OFC) Zoning District as -2025-PUD-_-2025 (hereinafter "PUD-_-2025”). Section 3. The City Council hereby makes the following findings: A. PUD-_-2025 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-_-2025 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-_-2025 are justified by the design of the development described therein. D. PUD-_-2025 is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 4. The proposal is hereby adopted, and the designation of the land shall be and hereby is amended in the Office (OFC) Zoning District as Planned Unit Development PUD- _-2025 and the legal descriptions of land in each district referred to in City Code Section 11.03 shall be and are amended accordingly. Section 5. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of ________________, 2025 entered into between Hupp Holdings IX, LLC, a Minnesota limited liability corporation, and the City of Eden Prairie (hereinafter “Development Agreement”). The Development Agreement contains the terms and conditions of PUD-_-2025, and are hereby made a part hereof. Section 6. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Section 11.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 2nd Day of September 2025, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the _______ day of ____________________, 2025. ATTEST: __________________________________ ___________________________________ David Teigland, City Clerk Ronald A. Case, Mayor PUBLISHED in the Sun Sailor on _________________________, 2025. EXHIBIT A PUD Legal Description Legal Description Lot 3, Block 1, MITCHELL LAKE ESTATES 2ND ADDITION, Hennepin County, Minnesota. PRAIRIE VILLAGE PET HOSPITAL CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. __-2025-PUD-__-2025 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING THE DESIGNATION OF CERTAIN LAND WITHIN A ZONING DISTRICT AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows amendment of the zoning designation of land located within the Office (OFC) Zoning District into a Planned Unit Development District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: __________________________ ________________________ David Teigland, City Clerk Ronald A. Case, Mayor PUBLISHED in the Sun Current on ______________________, 2025. (A full copy of the text of this Ordinance is available from City Clerk.) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2025-___ A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF PRAIRIE VILLAGE PET HOSPITAL FOR HUPP HOLDINGS IX, LLC WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) Concept of certain areas located within the City; and WHEREAS, the Planning Commission did conduct a public hearing on July 28, 2025 on Prairie Village Pet Hospital by Hupp Holdings IX, LLC and considered their request for approval of the PUD Concept Plan and recommended approval of the request to the City Council; and WHEREAS, the City Council did consider the request on September 2, 2025. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Prairie Village Pet Hospital, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof (“Property”). 2. That the City Council does grant PUD Concept approval as outlined in the plans dated August 19 and August 20, 2025. 3. That the PUD Concept meets the recommendations of the Planning Commission dated July 28, 2025. ADOPTED by the City Council of the City of Eden Prairie this 2nd day of September, 2025. _______________________ Ronald A. Case, Mayor ATTEST: ______________________________ David Teigland, City Clerk EXHIBIT A PUD Concept Legal Description: Lot 3, Block 1, MITCHELL LAKE ESTATES 2ND ADDITION, Hennepin County, Minnesota. Planning Commission Agenda Cover Memo Date: July 28, 2025 Location: 7815 Terrey Pine Court Subject: Prairie Village Pet Hospital Addition From: Sarah Strain, Planner II Applicant: Hupp Holdings IX, LLC Review period expires: November 18, 2025 ITEM DESCRIPTION Hupp Holdings IX, LLC, the property owner, is proposing to construct an approximately 1,144 square-foot addition on the current pet hospital building at 7815 Terrey Pine Court. The interior of the existing building will be remodeled as part of this project. Five (5) new parking stalls will be constructed. To achieve the proposed site plan, two (2) waivers from City Code standards are requested, one for impervious surface coverage and the other related to parking setbacks. REQUESTED ACTIONS • Planned Unit Development Concept Review on 0.46 acres • Planned Unit Development District Review with Waivers on 0.46 acres • Site Plan Review on 0.46 acres BACKGROUND COMPREHENSIVE PLAN AND ZONING The property is zoned Office and is guided Office in the comprehensive guide plan. There are no proposed zoning or guide plan changes with this application. The property is part of the Shoreland Overlay District as it is located within 1,000 feet of Mitchell Lake. The vet clinic is a permitted use in the zoning district. SITE PLAN The proposed addition will be built on the west end of the building. Additional parking stalls will be added on both the east and west ends of the current row of parking. The retaining wall along the south property line will be extended as needed with the parking lot expansion. The sheds behind the current building will be removed to accommodate the proposed addition. A small, fenced area will remain for a dog run. Staff Report – Prairie Village Pet Hospital July 28, 2025 Page 2 PARKING With the proposed building addition, the site will be required to have 16 parking stalls. There are currently nine (9) parking stalls on site. Five (5) stalls will be constructed with the proposed addition. Proof of parking is provided for the last two (2) stalls, meeting City Code requirements. The operator of the vet clinic states that 14 parking stalls meet business needs. BUILDING ARCHITECTURE AND MATERIALS The existing building is a single- story brick building. The applicant is proposing to continue the current architecture into the addition. The sides of the building will be brick, and the west gable end will have lap siding to match the east gable end. While the addition does not meet architectural standards for material variation or façade articulation, in these situations, with an addition of this scale, blending into the existing building is more appropriate. Should additional improvements be made in the future, bringing the building into compliance with architectural standards would be pursued at that time. Staff Report – Prairie Village Pet Hospital July 28, 2025 Page 3 SHORELAND This property is located within the Shoreland Overlay zoning district as it is within 1,000 feet of Mitchell Lake. The maximum impervious surface coverage for properties within the shoreland overlay areas is 30%. The site is currently 39 percent impervious surface, constructed before the shoreland ordinance. The proposed expansion and parking would bring the site to 52 percent impervious surface coverage. In the project narrative, the applicant discusses a change in the impervious surface standards. City staff is currently working with MNDNR to update the shoreland ordinance to comply with MNDNR standards. These changes may or may not include changes in the allowed percentage of impervious surface coverage. The narrative also mentions the possibility of installing a rain garden to help mitigate the impacts of additional impervious surface on the site. The plans must be revised to show a rain garden, including cross sections and planting plans, prior to the 1st reading by the City Council. DRAINAGE/STORMWATER MANAGEMENT There is currently no stormwater management on the site. The small scale of the project does not trigger stormwater management requirements from either the City or Riley-Purgatory Bluff Creek watershed district. The rain garden addition to the site will help treat run-off and support the water quality goals of the shoreland regulations. GRADING AND TREE LOSS The proposed site work does not reach the threshold to require a land alteration permit from the City. The addition will be slab on grade construction, and the grading and earthwork to extend the retaining wall is minimal. Construction will be required to meet all erosion control requirements to prevent run-off. One (1) tree will be removed as part of the retaining wall construction. Prior to City Council, the applicant must provide the size of the tree to confirm if the tree is large enough to require tree replacement. If required, the landscape plan will need to be revised to include the required tree replacement inches. LANDSCAPING AND TREE REPLACEMENT PLAN The applicant is proposing to plant two (2) trees in the front yard to meet City Code landscaping requirements. Additional vegetation may be needed if the tree removed is large enough to require tree replacement. PLANNED UNIT DEVELOPMENT WAIVERS The purpose of a Planned Unit Development (PUD) as stated in the City Code is to provide for a more creative and efficient approach to the use of land within the City; to allow variety in the types of environment available to people and distribution of overall density of population and intensity of land use where desirable and feasible; and provide for greater creativity and flexibility in environmental design. The applicant is requesting the following waivers: The following waivers are requested as part of this project: Staff Report – Prairie Village Pet Hospital July 28, 2025 Page 4 A. Impervious Surface Area City Code allows a maximum impervious surface of 30 percent. The existing site condition is 39 percent impervious surface coverage and was approved as part of a development proposal in 1982, before shoreland rules applied. This waiver is being requested to allow 52 percent impervious surface coverage. The waiver is reasonable because the use of the property is consistent with the Comprehensive Plan as the property is zoned and guided for office use, the owner proposes a rain garden to mitigate the impervious surface impact and the remaining pervious area is consistent with similar parcels in the immediate area when the lots are constrained by size. B. Parking Setback City Code requires parking in the Office zoning district to be set back a minimum of 35 feet from the front lot line. To accommodate the required number of parking stalls on site, the applicant is requesting a waiver to locate parking stalls within the front yard setback. The closest proposed parking stall is 10 feet from the front lot line. The unique circumstance for this property is the long length of road frontage on both the road and cul-de-sac-bulb of Terrey Pine Court. RESIDENT INPUT Staff sent out public hearing notices to all property owners within 500 feet of the proposed project. To date, no comments on the proposed addition and site plan have been received. STAFF RECOMMENDATION Staff recommends approval of the following request: • Planned Unit Development Concept Review on 0.46 acres • Planned Unit Development District Review with waivers on 0.46 acres • Site Plan Review on 0.46 acres This is based on plans dated July 16 and 17, 2025, staff report dated July 28, 2025, and the following conditions of approval CONDITIONS OF APPROVAL 1. Prior to the 1st reading by the City Council, the applicant must: A. Include a rain garden as part of the site plan to mitigate the increased impervious surface, providing cross sections and a planting plan. B. Provide the size of the tree slated for removal to confirm if tree replacement is required and to revise the proposed landscape plan as needed. C. Update the project narrative to remove any inconsistencies between the site plans and the project description. 2. Prior to building permit issuance, the applicant must: A. Obtain permits and approvals from other agencies as needed, providing documentation to the City. Staff Report – Prairie Village Pet Hospital July 28, 2025 Page 5 B. Obtain City approval of a final grading and drainage plan for the property. C. Submit detailed utility and erosion control plans for review and approval by the City Engineer. D. Notify the City and Watershed District 48 hours in advance of grading. E. Provide a construction grading limits and tree protection plan for review and approval by the City. F. Install erosion control at the grading limits of the property for review and approval by the City. G. Install fencing at the construction grading limits and tree protection areas as shown on the approved plans. H. Submit and receive written approval of an executed landscape agreement. I. Submit a landscaping letter of credit or escrow equivalent to 150% of the cost of the landscaping. J. Obtain a building permit for retaining wall construction from the City for any retaining walls greater than four feet in height. 3. The following waivers are granted through the PUD for the project as indicated in the plans dated July 16 and 17, 2025. A. Impervious Surface Area City Code allows a maximum impervious surface of 30 percent. The existing site condition is 39 percent impervious surface coverage and was approved as part of a development proposal in 1982. The proposed site condition is 52 percent impervious surface coverage. This waiver is consistent with the essential character of the locality and is a reasonable use of the property. B. Parking Setback City Code requires parking in the Office zoning district to be set back a minimum of 35 feet from the front lot line. The proposed setback of the closest parking stall is 10 feet from the front property line. 4. Prior to the issuance of an Occupancy Permit, the applicant must: A. Construct the retaining wall(s) in accordance with the terms of the permit. B. Complete implementation of the approved exterior materials and colors plan. UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, JULY 28, 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 Shulze, City Engineer; Matt Bourne, Parks and Natural Resources Manager; Kristin Harley, Recording Secretary I. CALL THE MEETING TO ORDER Chair Pieper called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE – ROLL CALL Commission member Sivilay was absent. III. APPROVAL OF AGENDA MOTION: Taylor moved, seconded by Grote to approve the agenda. MOTION CARRIED 8-0. IV. MINUTES MOTION: Duncan moved, seconded by Farr to approve the minutes of July 14, 2025. MOTION CARRIED 8-0. V. PUBLIC HEARINGS A. PRAIRIE VILLAGE PET HOSPITAL ADDITION (2025-08) • Planned Unit Development (PUD) Concept Review on 0.46 acres • Planned Unit Development (PUD) District Review with Waivers on 0.46 acres • Site Plan Review on 0.46 acres Alan Hupp, of Hupp Holdings LLC, presented a PowerPoint and detailed the application. He explained the Prairie Village Pet Hospital had been in place for 40 PLANNING COMMISSION MINUTES July 28, 2025 Page 2 years and he wished to grow the hospital. He introduced himself as a 30-year resident of Eden Prairie, also a parent, and was involved with the Helping Paws Foster Home. He was also a Twin Cities real estate investor and developer since 2010. The existing pet hospital was 1,995 square feet and built in 1985 at 7815 Terrey Pine Court. The site was purchased in July 2024 by Hupp Holdings IX, LLC. CareVet was the current tenant, which was a national operator with over 200 vet hospitals across 35 states. The Eden Prairie clinic was a top performer but had outgrown its capacity. The applicant was requesting to remodel the current space and construct a 1,114 square foot addition. Hupp wished to reimagine the space, enlarge the surgical treatment area, and make the staff flow more efficient. The client-facing experience would be improved to make this a premier vet clinic. Hupp explained the design would respect the existing land use patterns by complementing existing buildings and surrounding properties, maintaining neighborhood cohesion, and complying with the Comprehensive Plan. The project team was collaborating with departments at City Hall to comply with City Code. Hupp Holdings would privately fund development and extend to CareVet a 10-year lease. The project was requesting two waivers: one for permeability and one for parking setbacks. The development was requesting 52 percent permeability instead of the required 70 percent, or 9,465 square feet instead of the current 12,104 square feet. Hupp added the City of Eden Prairie was working with the DNR to change this permeability requirement in the future. A water garden would be part of the landscaping, and there would be more grass than in the neighboring properties. A setback waiver was needed due to the encroachment of the driveway on the 10- foot setback and three built parking spaces on the 35-foot setback. Farr asked why the proof of parking stalls were in the back instead of the front of the building. Hupp replied this was a good question, but even if in front the project would still need the waiver. He offered to discuss this with his team. Farr noted the existing retaining wall appeared about to fail. Hupp replied it was stable but ideally would be replaced. This would have to be extended at any rate. Farr commending the proposed matching existing materials but recommended the entire roof be replaced at one time in order to match, which was also a good idea with the brick matching. Hupp replied the project would not replace all the brick, but he would take Farr’s advice on the shingles. PLANNING COMMISSION MINUTES July 28, 2025 Page 3 Barnhart presented the staff report. There were three requests: a PUD concept, PUD with waivers, and the Site Plan. There was no waiver required for the rear setback, and the drive aisle serving did not have to meet that setback. The impervious surface was capped at 30 percent, and the applicant proposed increasing that to 52 percent. The applicant would build a rain garden, whereas there was currently no stormwater management on the property. This design had more green space than the surrounding areas. Staff conditions its recommendation on additional information on the rain garden from the applicant before going before the City Council. The proof of parking was supported by staff. The business need suggested 14 spaces. Staff recommended approval. Taylor asked if the veterinary clinic would remain open during construction and the remodeling. Hupp stated it would be a three-phased project lasting six months, and the clinic would remain open. The new addition would be for surgery. Farr asked if the PUD district was an overlay or if the PUD was being added to this site. Barnhart replied the PUD was being added to allow the waivers. Duncan asked what would have be done otherwise. Barnhart replied there would instead be variances, the standards of which were established by the state, and more challenging than granting waivers. Stormwater management goals would be realized with this development but were not required under a variance. MOTION: Grote moved, seconded by Kirk to close the public hearing. Motion carried 8-0. Duncan asked if the PUD was only being proposed in this proposal, or if there were other additional PUDs in the area. Barnhart replied the proposal was for this property only, although it was likely there were other PUDs in the area. When this property was originally developed, it was approved with variances, which had different standards than in the past. Now, waivers and a PUD were being pursued. Kirk stated he supported the application and was a longtime customer. MOTION: Kirk moved, seconded by Taylor to recommend approval of the Planned Unit Development (PUD) Concept Review on 0.46 acres; Planned Unit Development (PUD) District Review with Waivers on 0.46 acres; Site Plan Review on 0.46 acres as recommended by the staff report dated July 28, 2025. Motion carried 8-0. B. Lower Minnesota River Watershed District Zoning District Change (2024-09) • Zoning Change from Rural to Parks and Open Space on 4.2 acres Linda Loomis, former administrator of the Lower Minnesota River Watershed District, stated this District was created in 1960 to act as the local sponsor to assist PLANNING COMMISSION MINUTES July 28, 2025 Page 4 the Corps of Engineers in maintenance of the river navigation channel. The material dredged by the Corps of Engineers would be disposed of the District. This was meant to improve water quality and drainage. This proposal was brought to the Watershed by the City of Eden Prairie, as the result of a study on increasing rates of erosion. The site was located at River Mile 19.5, near the intersection of Riverview Road and Mooer Lane, and also known as Study Area Three. Loomis displayed a map and explained there was a City stormwater pond created at the request of the MPCA. She displayed a county plat showing the erosion. She then displayed a historical map showing the bluff line in 1937, 1969, and 2008, showing the results of the erosion. The Watershed District planned to stabilize the bluff with state funds and were going to bid this September. However, to do this the area had to first become public property. The Watershed purchased a parcel to be subdivided, then rezoned to Park and Open Spaces. The Watershed District would own and maintain this property in perpetuity. Loomis followed up with displaying photographs of the eroded bluffs. Loomis added the District was working with homeowners on managing stormwater. She showed a photograph of the stormwater pond, which she explained flooded often, filling in with sediment and creating gullies, which was problematic for the City. She added the District was working with the City on permits and how to manage stormwater. Farr asked how the stabilizing infill would be built up. Loomis replied an access road from Riverview Road would be constructed to access the river. Taylor asked what materials would be used for stabilization, and Loomis replied boulders would be used. These would stabilize the toe of the slope at the curve seen on the map, rather than going completely upslope. This would also prevent the flooding which resulted in the City constantly having to stabilize the pond. Taylor asked if the sediment would be removed from the pond, and Loomis replied she could not say for sure if that would be done. She added in 2014 the City installed bank pins that disappeared in three months. High increases were seen in the Minnesota River due in part to the swing bridge and railroad track at River Mile 14.2 acted like a funnel, backing up water upstream. Therefore, there were significant fluctuations in this area. Farr noted a graphic in the staff report showing how the river trended north. Loomis replied this aggradation was caused by sediment being removed by the faster current to the north on the river than on the south side, causing the south side to fill in. Farr noted this project would keep the north from eroding but not prevent sedimentation on the south and asked if the District was required to maintain a certain river width for navigation. Loomis replied this was not required in this area of the river, as all commercial navigation ended in Savage to the east. Once the river was stabilized the hope was it would come to a new equilibrium. Only recreational boating occurred in this part of the river. PLANNING COMMISSION MINUTES July 28, 2025 Page 5 Barnhart presented the staff report. This was a simple zoning change, since the applicant needed to own the property for the grant funding, requiring a rezoning. The 4.2 acres parcel would be split from the larger 16-acre piece. Under the current Rural zoning, the minimum lot area is10 acres, but this did not apply to Parks and Open Space. This zoning change was consistent with the Comprehensive Plan and would be stabilizing and protecting the site from future erosion. There was a pending lot split which would be an administrative approval. Staff recommended approval. MOTION: Sherwood moved, seconded by Weber to close the public hearing. Motion carried 8-0. MOTION: Duncan moved, seconded by Grote to recommend approval of the Zoning Change from Rural to Parks and Open Space on 4.2 acres as recommended by the staff report dated July 28, 2025. Motion carried 8-0. PLANNERS’ REPORT Barnhart announced there would be no August 11, 2025 meeting but did anticipate one for August 25, 2025. Duncan asked for an update on the Dan Foss application. Barnhart replied the City Council approved it, and the Comprehensive Plan Amendment was sent to the Metropolitan Council. Based on the scale of the potential development, Met Council staff could not approve it administratively, so it would go before a Metropolitan Council Subcommittee and then the Full Committee in August. He expected completion by mid-August. MEMBERS’ REPORTS VI. ADJOURNMENT MOTION: Taylor moved, seconded by Kirk to adjourn. Motion carried 8-0. The meeting was adjourned at 7:39 p.m. City Council Agenda Cover Memo Date: September 2, 2025 Section: Public Hearing Item Number: VIII.B. Department: Community Development / Planning Julie Klima / Beth Novak-Krebs ITEM DESCRIPTION This applicant requests a zoning district change for approximately 4.2 acres north of the Minnesota River, in Section 35 from Rural to Parks and Open Space. REQUESTED ACTION Move to close the public hearing and: • Approve the 1st Reading of an Ordinance for a Zoning District Change from Rural to Parks and Open Space on 4.2 acres. SUMMARY The parent property is a 16-acre parcel currently zoned Rural and owned by Greg and Kelly Hueler. The Huelers have agreed to sell 4.2 acres of the 16-acre parcel to the Watershed District for a riverbank stabilization project. The Watershed District has received a grant to complete this stabilization work and the grant requires that the Watershed District own the impacted property. The 4.2-acre parcel is located south of the unimproved Riverview Road ROW. The requested zoning change is consistent with the Comprehensive guide plan. The minimum lot area for the Rural zoning district is 10 acres. Without the zoning change, the 4.2-acre parcel would not comply with the minimum lot size standards of the Rural zoning. There is not a minimum lot area requirement for the Parks and Open Space Zoning District. The Huelers will continue to own the remaining 10+ acres; therefore, the size of that lot would conform to the Rural zoning standards. The Watershed District has also applied for an Administrative Lot Split to separate the 4.2-acre parcel from the 16-acre parent parcel. This is a separate review process administered at a staff level. The riverbank stabilization project is necessary because the meander of the river in this location has been slowly creeping northward since the 1950’s. By 2018, there was significant erosion occurring along the banks of the river in some areas of the subject property. The project is intended to keep this particular area from further erosion. ATTACHMENTS Ordinance Location Map Rezoning Exhibit PC Staff Report Planning Commission Minutes LOWER MN RIVER WATERSHED DISTRICT ZONING CHANGE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. _-2025 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 11 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the “land”) is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural Zoning District and be placed in the Parks and Open Space Zoning District. Section 3. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural Zoning District and shall be included hereafter in the Parks and Open Space Zoning District, and the legal descriptions of land in each Zoning District referred to in City Code Section 11.03, Subdivision1, Subparagraph B, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Section 11.99, “Violation a Misdemeanor” are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 2nd day of September, 2025, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the ____ day of ________, 2025. ATTEST: ____________________________ _____________________________ David Teigland, City Clerk Ronald A. Case, Mayor PUBLISHED in the Sun Sailor on ____________________, 2025 EXHIBIT A LEGAL DESCRIPTION Property to be rezoned from Rural to Parks and Open Space That part of Government Lot 1, Section 35, Township 116, Range 22, EXCEPT that part thereof embraced within the plat of BLUFFS WEST SECOND ADDITION, according to the recorded plat thereof, all in Hennepin County, Minnesota, lying southerly of a line 33.00 feet southerly of and parallel with the centerline of Riverview Road. The centerline of said Riverview Road is described as follows: Commencing at the northwest corner of said Section 35; thence on an assumed bearing of South 01 degree 31 minutes 03 seconds West along the west line of said Section 35, a distance of 1760.50 feet to the point of beginning of the centerline to be described; thence South 76 degrees 56 minutes 45 seconds East, a distance of 1082.39 feet; thence easterly a distance of 281.51 feet along a tangential curve, concave to the north, having a radius of 599.00 feet, and a central angle of 26 degrees 55 minutes 38 seconds; thence North 76 degrees 07 minutes 37 seconds East, tangent to said curve, a distance of 12.12 feet to the east line of said Government Lot 1, and said centerline there terminating. 4.2 acres LOWER MINNESOTA RIVER WATERSHED DISTRICT REZONE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. -2024-PUD-_-2024 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land located north of the Minnesota River in Section 35 from the Rural Zoning District to the Parks and Open Space Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: ___________________________ _____________________________ 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.) DISCLAIMER: The City of Eden Prairie does not warranty the accuracy nor the correctnessofthe information contained in this map. It is your responsibility to verify the accuracyof this information. In no event will The City of Eden Prairie be liable for any damages,including loss of business, lost profits, business interruption, loss of business informationor other pecuniary loss that might arise from the use of this map or the information itcontains. Map information is believed to be accurate but accuracy is not guaranteed.Any errors or omissions should be reported to The City of Eden Prairie. *Any aerial photography and parcel geometry was obtained from Hennepin County and allusers are bound by the express written contract between Hennepin County and the Cityof Eden Prairie. Scale:1:12,000 ² Parcels 0 1,000 ft Lower Minnesota River Watershed District Rezoning Project Location CITY OF EDEN PRAIRIE DRAINAGE & UTILITY(STORMSEWER) EASEMENT PER DOC. NO. T5037913 CITY O F E D E N P R A I R I E D R A I N A G E & U T I L I T Y (STO R M P O N D I N G ) E A S E M E N T P E R D O C . N O . T 5 0 3 7 9 1 3 1/2" IRON PIPERLS# 15480 1/2" IRON PIPERLS# 15480 1/2" IRON PIPESRLS# 154801/2" IRON PIPERLS# 15480SURVEY LINE CORNER NOT FOUNDON EAST LINE OF OUTLOT B,FLYING CLOUD ADDITIONHENNEPIN COUNTYREFERENCE MONUMENT1/2" IRON PIPERLS# 12294 MEANDER CORNER IN RIVER(NO MONUMENT)1/2" IRON PIPERLS# 15480 1/2" IRON PIPERLS# 12294 1/2" IRON PIPERLS# 12294 1/2" IRON PIPE(CAP DAMAGED)1/2" IRON PIPERLS# 12294 1/2" IRON PIPE 1/2" IRON PIPERLS# 12294 1/2" IRON PIPERLS# 12294(DISTURBED)1/2" IRON PIPERLS# 12294 1/2" IRON PIPERLS# 12294 1/2" IRON PIPE(CAP DAMAGED) 1/2" IRON PIPE(CAP DAMAGED)1/2" IRON PIPERLS# 12294 1/2" IRON PIPE(CAP DAMAGED) 1/2" IRON PIPERLS# 12277 1/2" IRON PIPERLS# 12277 1/2" IRON PIPERLS# 12277 1/2" IRON PIP E RLS# 12277SHOR E L I N E ( E D G E O F W A T E R ) WAT E R E L E V A T I O N = 6 8 7 . 5 F T . ( N A V D 8 8 ) LOCA T E D O N 1 1 / 1 5 / 2 0 2 4 S 77°23'23" E 1 7 6 . 9 0 S 81°48'23" E 207.0 0 S 84°48'23" E 430.00 S 64° 0 3 ' 2 3 " E 1 3 2 . 0 0 S 84°48'23" E 270.00 N 57°36'37" E 175.00S 01°31'03" W 559±SOUTH LINE OF BLOCK 11, BLUF F W E S T S E C O N D A D D I T I O N E X C E P T I O N M I N N E S O T A R I V E RWEST LINE OF GOV'T LOT 1& WEST LINE OF SEC. 35EAST LINE OF GOV'T LOT 1 PER PLAT OFBLUFFS WEST SECOND ADDITIONRIVERVIEW ROAD RIVERVI E W ROAD 666660 60601760.50NW COR. OF SEC. 35, TWP. 116, RGE. 22 S 76°56'45" E 1 0 8 2 . 3 9 L=281.51 R=599.00 Δ=26°55'38" N 76°07'37" E 12.12 S 00°36'18" W 1075±33.68312.3220.64 1089.13 455.9234.08L=266.00 R=566.00 Δ=26 °55'3 8 "33.681075.65 L=297.02 R=632.00 Δ=26°55'38" 3.6034.08551±179±PARCEL B PARCEL A( 577,010 SQ. FT. ) ( ±225,812 SQ. FT. ) RIVERVIEW R O A D CENTERLINE O F R I V E R V I E W R O A D A S T R A V E L L E D ( L O C A T E D O N 4 / 8 / 2 0 2 5 )3333333333336.42.4 @ WASH OUT EDGE1.81.2 @ WASH OUT EDGE4.7 @ WASH OUT EDGE1.2 @ WASH OUT EDGE4.819.413.412224 NICOLLET AVENUEBURNSVILLE, MN 55337(952) 890-0509 R SCALE IN FEET 0 60 120 H:\LOWERMNR_WD_MN\24X136553000\CAD\C3D\136553_V_PROP_E2.dwg 5/8/2025 4:29 PM ©Bolton & Menk, Inc. 2025, All Rights Reserved FOR: DRAWN BY:FIELD BOOK:JOB NUMBER: BOUNDARY SURVEYEDEN PRAIRIE, MN 55347 PART OF: GOV'T LOT 1 SEC. 35, TWP. 116, RGE. 22 HENNEPIN COUNTY, MN LOWER MINNESOTA REGIONALWATERSHED DISTRICT H:\LOWERMNR_WD_MN\24X136553000\CAD\C3D\SDB-136553-HennepinMN-f 24X.136553 ERW S35-T116-R22-23,32 R MONUMENT FOUND (TYPE AS NOTED) HENNEPIN COUNTY CAST IRON MONUMENT FOUND LEGEND Horizontal Datum: Hennepin County Coordinate System (1986 Adj.) Vertical Datum: NAVD 1988 In Feet AREASEXISTING: 802,822 SQ. FT.PROPOSED PARCEL A: 577,010 SQ. FT.PROPOSED PARCEL B: ±225,812 SURVEYOR'S CERTIFICATION _____________________________________Eric R. WilfahrtLicense Number 46166 I hereby certify that this survey, plan, or report was prepared byme or under my direct supervision and that I am a duly LicensedLand Surveyor under the laws of the State of Minnesota. ________________Date DRAFT (Certificate of Title No. 1471136) Government Lot 1, Section 35, Township 116, Range 22 except that part thereof embraced within the plat of Bluffs West Second Addition. (Hennepin County, Minnesota) PARCEL A That part of Government Lot 1, Section 35, Township 116, Range 22, EXCEPT that part thereof embraced within the plat of BLUFFS WEST SECOND ADDITION, according to the recorded plat thereof, all in Hennepin County, Minnesota, lying northerly of a line 33.00 feet southerly of and parallel with the centerline of Riverview Road. The centerline of said Riverview Road is described as follows: Commencing at the northwest corner of said Section 35; thence on an assumed bearing of South 01 degree 31 minutes 03 seconds West along the west line of said Section 35, a distance of 1760.50 feet to the point of beginning of the centerline to be described; thence South 76 degrees 56 minutes 45 seconds East, a distance of 1082.39 feet; thence easterly a distance of 281.51 feet along a tangential curve, concave to the north, having a radius of 599.00 feet, and a central angle of 26 degrees 55 minutes 38 seconds; thence North 76 degrees 07 minutes 37 seconds East, tangent to said curve, a distance of 12.12 feet to the east line of said Government Lot 1, and said centerline there terminating. PARCEL B That part of Government Lot 1, Section 35, Township 116, Range 22, EXCEPT that part thereof embraced within the plat of BLUFFS WEST SECOND ADDITION, according to the recorded plat thereof, all in Hennepin County, Minnesota, lying southerly of a line 33.00 feet southerly of and parallel with the centerline of Riverview Road. The centerline of said Riverview Road is described as follows: Commencing at the northwest corner of said Section 35; thence on an assumed bearing of South 01 degree 31 minutes 03 seconds West along the west line of said Section 35, a distance of 1760.50 feet to the point of beginning of the centerline to be described; thence South 76 degrees 56 minutes 45 seconds East, a distance of 1082.39 feet; thence easterly a distance of 281.51 feet along a tangential curve, concave to the north, having a radius of 599.00 feet, and a central angle of 26 degrees 55 minutes 38 seconds; thence North 76 degrees 07 minutes 37 seconds East, tangent to said curve, a distance of 12.12 feet to the east line of said Government Lot 1, and said centerline there terminating. BENCHMARKMNDOT GEODETIC MONUMENT "CLOUD MNDT"ELEV. = 902.452 FT. (NAVD 88) EXISTING LEGAL DESCRIPTION PROPOSED LEGAL DESCRIPTIONS 04/18/2025 Parcel A: Remain Zoned Rural Parcel B: Rezone from Rural to Parks and Open Space Planning Commission Agenda Staff Report Date: July 28, 2025 Location: South of unimproved Riverview Road along the Minnesota River in Section 35 Subject: Lower MN River Watershed District Zoning District Change From: Beth Novak-Krebs, Senior Planner Applicant: Lower MN River Watershed District Review period expires: October 27, 2025 ITEM DESCRIPTION This applicant requests rezoning of approximately 4.2 acres north of Minnesota River, in Section 35 from Rural to Parks and Open Space. REQUESTED ACTIONS • Zoning District Change from Rural to Parks and Opens Space on 4.2 acres BACKGROUND The parent property is a 16-acre parcel zoned Rural and owned by Greg and Kelly Hueler. The Huelers have agreed to sell 4.2 acres of the 16-acre parcel to the Watershed District for a riverbank stabilization project, as illustrated in the graphic below. The Watershed District has received a grant to complete this stabilization work and the grant requires that the Watershed District own the impacted property. The property to be rezoned Park and Open Space is south of the unimproved Riverview Road ROW. The 16-acre parent property is currently zoned Rural. The minimum lot area for the Rural zoning district is 10 acres. If the property to be acquired by the Watershed District is not rezoned, it would not meet the lot size requirements of the Rural Zoning District, so the Watershed District is requesting a zoning change for the 4.2 acres to Parks and Open Space. There is not a minimum lot area requirement for the Parks and Open Space Zoning District. The Huelers will continue to own the remaining 10+ acres; therefore, the size of that lot would conform to the Rural zoning standards. The Watershed District has also applied for an Administrative Lot Split to separate the property it is acquiring from the existing larger parcel. This is a separate review process administered at a staff level. The lot split will be conditioned on approval of the zoning district change. The riverbank stabilization project is necessary because the meander of the river in this location has been slowly creeping northward since the 1950’s. By 2018, there was significant erosion occurring along the banks of the river in some areas of the subject property. The project is intended to keep this particular area from further erosion. Staff Report – Lower Minnesota River Watershed District Rezone July 28, 2025 Page 2 COMPREHENSIVE PLAN AND ZONING The entire overall property is guided Park and Open Space in the Comprehensive Plan and it is zoned Rural. The applicant is requesting to rezone 4.2 acres to Parks and Open Space, which is consistent with the comprehensive land use plan. The remaining acres will continue to be zoned Rural. The map below and on the next page illustrate the current and proposed zoning. Rural Rural Parks and Open Space R1-13.5 RM-6.5 Current Zoning Property owned by Watershed District 1957 2018 Staff Report – Lower Minnesota River Watershed District Rezone July 28, 2025 Page 3 TREE LOSS AND TREE REPLACEMENT The applicant prepared a Tree Inventory along with the Riverbank Stabilization Plan. The applicant is required to identify the significant and heritage trees and tree loss on the plans and provide tree replacement if required prior to issuance of a Land Alteration Permit. HISTORIC/ARCHEOLOGICAL FEATURES AND/OR STRUCTURES The property is located within a cultural and archeological resource buffer area. Properties within the archeological buffer have a high potential to include archeological resources. Any grading activity associated with the riverbank stabilization project should be monitored closely. The approved plans for the slope stabilization project and the Land Alteration Permit must include a requirement stating that work will stop immediately if the contractor encounters any artifacts and the owner will be notified so they can take appropriate action. Due to the sensitive nature of this area, great care should be taken during construction of this project. STAFF RECOMMENDATION Recommend approval of the following request: • Zoning District Change from Rural to Parks and Open Space Zoning District on 4.2 acres. Rural Parks and Open Space Parks and Open Space R1-13.5 RM-6.5 Proposed Zoning Property owned by Watershed District rJ RINKE NOONAN attorneys at law July 26, 2024 Direct Dial: 320-257-3862 Abukowski@RinkeNoonan.com Beth Novak-Krebs Senior Planner City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 SENT VIA EMAIL Re: Re-zoning and Subdivision of PID 35-22-23-0013 Our File No. 25226-0013 Dear Ms. Novak-Krebs: My office represents the Lower Minnesota River Watershed District (the “District”). The District is applying to re-zone and administratively subdivide part of PID No. 35-22-23-0013 (the “Property”). The Property is legally described and depicted in Exhibit 1. A deed was executed on April 30, 2024, conveying the Property to the District, as shown in Exhibit 2. The District intends to use the Property for a bank stabilization and sediment reduction project (the “Project”). This Project is a result of a collaborative effort between the City of Eden Prairie (the “City”) and the District. The Project will benefit not only the communities that are a part of the District but also the City. As such, it is respectfully requested the City grant the re-zoning and administrative subdivision applications submitted by the District. Background Beginning in 2008, the District and the City became aware of the need for stabilization on the Property. The Property is located on a portion of the Minnesota River where the slope of the bluff is higher than the length of the slope. Due to the steepness of the slope, erosion and sediment have posed challenges for reaches of the lower Minnesota River. Particularly, the slope is estimated to erode at a rate of three (3) feet per year. This rate of erosion can be problematic for adjacent areas, as the erosion contributes to fluvial influence on the slope. Additionally, changes like agriculture and residential development, which have contributed to the discharge of sediment into the Minnesota River and have caused the river to widen by 52% and shorten by 7%, have caused aggradation of the floodplain surface. In the end, these changes limit the accessibility of the Minnesota River to its floodplain and reduces the amount of sediment storage Suite 300 US Bank Plaza FOS W St. Germain St P.O. Box 1497 St. Cloud. MN 56302 326 251 6700 www, rinkenoonan.com Memo to City for Rezoning and Subdivision Applications 1 (002) 4865- 8694-8307 v.1 7/23/2024 2:45 PM UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, JULY 28, 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 Shulze, City Engineer; Matt Bourne, Parks and Natural Resources Manager; Kristin Harley, Recording Secretary I. CALL THE MEETING TO ORDER Chair Pieper called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE – ROLL CALL Commission member Sivilay was absent. III. APPROVAL OF AGENDA MOTION: Taylor moved, seconded by Grote to approve the agenda. MOTION CARRIED 8-0. IV. MINUTES MOTION: Duncan moved, seconded by Farr to approve the minutes of July 14, 2025. MOTION CARRIED 8-0. V. PUBLIC HEARINGS A. PRAIRIE VILLAGE PET HOSPITAL ADDITION (2025-08) • Planned Unit Development (PUD) Concept Review on 0.46 acres • Planned Unit Development (PUD) District Review with Waivers on 0.46 acres • Site Plan Review on 0.46 acres Alan Hupp, of Hupp Holdings LLC, presented a PowerPoint and detailed the application. He explained the Prairie Village Pet Hospital had been in place for 40 PLANNING COMMISSION MINUTES July 28, 2025 Page 2 years and he wished to grow the hospital. He introduced himself as a 30-year resident of Eden Prairie, also a parent, and was involved with the Helping Paws Foster Home. He was also a Twin Cities real estate investor and developer since 2010. The existing pet hospital was 1,995 square feet and built in 1985 at 7815 Terrey Pine Court. The site was purchased in July 2024 by Hupp Holdings IX, LLC. CareVet was the current tenant, which was a national operator with over 200 vet hospitals across 35 states. The Eden Prairie clinic was a top performer but had outgrown its capacity. The applicant was requesting to remodel the current space and construct a 1,114 square foot addition. Hupp wished to reimagine the space, enlarge the surgical treatment area, and make the staff flow more efficient. The client-facing experience would be improved to make this a premier vet clinic. Hupp explained the design would respect the existing land use patterns by complementing existing buildings and surrounding properties, maintaining neighborhood cohesion, and complying with the Comprehensive Plan. The project team was collaborating with departments at City Hall to comply with City Code. Hupp Holdings would privately fund development and extend to CareVet a 10-year lease. The project was requesting two waivers: one for permeability and one for parking setbacks. The development was requesting 52 percent permeability instead of the required 70 percent, or 9,465 square feet instead of the current 12,104 square feet. Hupp added the City of Eden Prairie was working with the DNR to change this permeability requirement in the future. A water garden would be part of the landscaping, and there would be more grass than in the neighboring properties. A setback waiver was needed due to the encroachment of the driveway on the 10- foot setback and three built parking spaces on the 35-foot setback. Farr asked why the proof of parking stalls were in the back instead of the front of the building. Hupp replied this was a good question, but even if in front the project would still need the waiver. He offered to discuss this with his team. Farr noted the existing retaining wall appeared about to fail. Hupp replied it was stable but ideally would be replaced. This would have to be extended at any rate. Farr commending the proposed matching existing materials but recommended the entire roof be replaced at one time in order to match, which was also a good idea with the brick matching. Hupp replied the project would not replace all the brick, but he would take Farr’s advice on the shingles. PLANNING COMMISSION MINUTES July 28, 2025 Page 3 Barnhart presented the staff report. There were three requests: a PUD concept, PUD with waivers, and the Site Plan. There was no waiver required for the rear setback, and the drive aisle serving did not have to meet that setback. The impervious surface was capped at 30 percent, and the applicant proposed increasing that to 52 percent. The applicant would build a rain garden, whereas there was currently no stormwater management on the property. This design had more green space than the surrounding areas. Staff conditions its recommendation on additional information on the rain garden from the applicant before going before the City Council. The proof of parking was supported by staff. The business need suggested 14 spaces. Staff recommended approval. Taylor asked if the veterinary clinic would remain open during construction and the remodeling. Hupp stated it would be a three-phased project lasting six months, and the clinic would remain open. The new addition would be for surgery. Farr asked if the PUD district was an overlay or if the PUD was being added to this site. Barnhart replied the PUD was being added to allow the waivers. Duncan asked what would have be done otherwise. Barnhart replied there would instead be variances, the standards of which were established by the state, and more challenging than granting waivers. Stormwater management goals would be realized with this development but were not required under a variance. MOTION: Grote moved, seconded by Kirk to close the public hearing. Motion carried 8-0. Duncan asked if the PUD was only being proposed in this proposal, or if there were other additional PUDs in the area. Barnhart replied the proposal was for this property only, although it was likely there were other PUDs in the area. When this property was originally developed, it was approved with variances, which had different standards than in the past. Now, waivers and a PUD were being pursued. Kirk stated he supported the application and was a longtime customer. MOTION: Kirk moved, seconded by Taylor to recommend approval of the Planned Unit Development (PUD) Concept Review on 0.46 acres; Planned Unit Development (PUD) District Review with Waivers on 0.46 acres; Site Plan Review on 0.46 acres as recommended by the staff report dated July 28, 2025. Motion carried 8-0. B. Lower Minnesota River Watershed District Zoning District Change (2024-09) • Zoning Change from Rural to Parks and Open Space on 4.2 acres Linda Loomis, former administrator of the Lower Minnesota River Watershed District, stated this District was created in 1960 to act as the local sponsor to assist PLANNING COMMISSION MINUTES July 28, 2025 Page 4 the Corps of Engineers in maintenance of the river navigation channel. The material dredged by the Corps of Engineers would be disposed of the District. This was meant to improve water quality and drainage. This proposal was brought to the Watershed by the City of Eden Prairie, as the result of a study on increasing rates of erosion. The site was located at River Mile 19.5, near the intersection of Riverview Road and Mooer Lane, and also known as Study Area Three. Loomis displayed a map and explained there was a City stormwater pond created at the request of the MPCA. She displayed a county plat showing the erosion. She then displayed a historical map showing the bluff line in 1937, 1969, and 2008, showing the results of the erosion. The Watershed District planned to stabilize the bluff with state funds and were going to bid this September. However, to do this the area had to first become public property. The Watershed purchased a parcel to be subdivided, then rezoned to Park and Open Spaces. The Watershed District would own and maintain this property in perpetuity. Loomis followed up with displaying photographs of the eroded bluffs. Loomis added the District was working with homeowners on managing stormwater. She showed a photograph of the stormwater pond, which she explained flooded often, filling in with sediment and creating gullies, which was problematic for the City. She added the District was working with the City on permits and how to manage stormwater. Farr asked how the stabilizing infill would be built up. Loomis replied an access road from Riverview Road would be constructed to access the river. Taylor asked what materials would be used for stabilization, and Loomis replied boulders would be used. These would stabilize the toe of the slope at the curve seen on the map, rather than going completely upslope. This would also prevent the flooding which resulted in the City constantly having to stabilize the pond. Taylor asked if the sediment would be removed from the pond, and Loomis replied she could not say for sure if that would be done. She added in 2014 the City installed bank pins that disappeared in three months. High increases were seen in the Minnesota River due in part to the swing bridge and railroad track at River Mile 14.2 acted like a funnel, backing up water upstream. Therefore, there were significant fluctuations in this area. Farr noted a graphic in the staff report showing how the river trended north. Loomis replied this aggradation was caused by sediment being removed by the faster current to the north on the river than on the south side, causing the south side to fill in. Farr noted this project would keep the north from eroding but not prevent sedimentation on the south and asked if the District was required to maintain a certain river width for navigation. Loomis replied this was not required in this area of the river, as all commercial navigation ended in Savage to the east. Once the river was stabilized the hope was it would come to a new equilibrium. Only recreational boating occurred in this part of the river. PLANNING COMMISSION MINUTES July 28, 2025 Page 5 Barnhart presented the staff report. This was a simple zoning change, since the applicant needed to own the property for the grant funding, requiring a rezoning. The 4.2 acres parcel would be split from the larger 16-acre piece. Under the current Rural zoning, the minimum lot area is10 acres, but this did not apply to Parks and Open Space. This zoning change was consistent with the Comprehensive Plan and would be stabilizing and protecting the site from future erosion. There was a pending lot split which would be an administrative approval. Staff recommended approval. MOTION: Sherwood moved, seconded by Weber to close the public hearing. Motion carried 8-0. MOTION: Duncan moved, seconded by Grote to recommend approval of the Zoning Change from Rural to Parks and Open Space on 4.2 acres as recommended by the staff report dated July 28, 2025. Motion carried 8-0. PLANNERS’ REPORT Barnhart announced there would be no August 11, 2025 meeting but did anticipate one for August 25, 2025. Duncan asked for an update on the Dan Foss application. Barnhart replied the City Council approved it, and the Comprehensive Plan Amendment was sent to the Metropolitan Council. Based on the scale of the potential development, Met Council staff could not approve it administratively, so it would go before a Metropolitan Council Subcommittee and then the Full Committee in August. He expected completion by mid-August. MEMBERS’ REPORTS VI. ADJOURNMENT MOTION: Taylor moved, seconded by Kirk to adjourn. Motion carried 8-0. The meeting was adjourned at 7:39 p.m. City Council Agenda Cover Memo Date: September 2, 2025 Section: Public Hearing Item Number: VIII.C. Department: Community Development ITEM DESCRIPTION Public Hearing to solicit comments on the Fiscal Year 2024 Consolidated Annual Performance and Evaluation Report (CAPER) REQUESTED ACTION Hold a public hearing to solicit comments on the Fiscal Year 2024 Consolidated Annual Performance and Evaluation Report (CAPER). SUMMARY The 2024 Consolidated Annual Performance and Evaluation Report (CAPER) evaluates the City of Eden Prairie’s accomplishments towards meeting the five-year goals defined in the Consolidated Plan, as required by the Department of Housing and Urban Development (HUD), for communities receiving Community Development Block Grant (CDBG) funding. The 2024 program year began July 1, 2024 and ended June 30, 2025 and is the fifth grant period of the 2020-2024 Consolidated Plan. Background Information The five-year goals of the Consolidated Plan are the quantitative unit and service goals for the Hennepin County Consortium, which includes Hennepin County, and the cities of Bloomington, Plymouth, and Eden Prairie. Support of housing programs and public services is seen as a high priority for the City of Eden Prairie. Through CDBG funds, Eden Prairie supported family, and housing activities for seniors, disabled, and low-income residents which included: • Affordable Housing • Rehabilitation of Private Property • First Time Homebuyer Assistance • Public Services HUD requires at least two public hearings be held each program year to provide opportunities for residents and interested representatives of local organizations to be involved in reviewing program activities, the local needs of low and moderate-income persons and proposed uses for CDBG funds. In conjunction with Hennepin County, Eden Prairie will hold two public hearings in the current fiscal year with the first being advertised for and held this evening. Any comments received during the meeting, or in writing during the comment period, will be submitted to HUD as part of the CAPER package. The second public hearing will be advertised and held by the Eden Prairie City Council in or around March 2026 to obtain public comments on proposed activities for CDBG funding for the 2026 program year. ATTACHMENTS 2024 CDBG Draft Consolidated Annual Performance and Evaluation Report (CAPER) CAPER 1 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-05 - Goals and Outcomes Progress the jurisdiction has made in carrying out its strategic plan and its action plan. 91.520(a) This could be an overview that includes major initiatives and highlights that were proposed and executed throughout the program year. • $199,785 of the City’s 2024 CDBG allocation and $35,000 in program income and prior year funds was allocated to the City's Rehab program and affordable housing programs to help provide decent housing, while maintaining affordability and sustainability. These funds were used in the rehabilitation of nine low and moderate-income owner-occupied homes. Two homeowners used the emergency rehab program to replace their furnace and air conditioners. CDBG formula funds along with a Met Council LHIA grant were used by the West Hennepin Affordable Housing Land Trust to help acquire two single family homes which were sold to low and moderate-income families. Two low and moderate-income First Time Homebuyers received down payment assistance to purchase their first home in Eden Prairie. • $55,000 of the City’s CDBG allocation was allocated for public service programs that provide assistance to low and moderate-income seniors, families, youth and individuals. These funds helped provide access to suitable living environments, maintain affordability, availability and accessibility to housing activities. Seventy low and moderate-income Eden Prairie households received assistance during 2024. These programs were successful in addressing the needs of Eden Prairie households. • $2,000 of the City’s CDBG allocation was used for fair housing activities. The City funds and participates in the Fair Housing Implementation Council (FHIC), a regional housing consortium that works on region-wide fair housing strategies. This group, working with a non-profit consultant, recently completed its new Analysis of Impediments (AI) and is set to begin strategizing around some of the impediments identified. • $30,000 of the City’s CDBG allocation and $20,000 in program income was allocated for administration of the CDBG program. In 2024, the City of Eden Prairie received $286,785 in CDBG funding and $91,655.02 in CDBG program income. In June of 2020, the U.S. Department of Housing and Urban Development (HUD) allocated $168,055 of Coronavirus Aid, Relief, and Economic Security Act (CARES Act) funding to the City of Eden Prairie. The CDBG CARES Act funding (CDBG-CV) prioritized the unique needs of low and moderate-income persons and the development of partnerships between government and non-profit sectors. CDBG-CV funds were used to support CDBG subgrantees in serving low and moderate-income residents to prevent, prepare for and respond to the Coronavirus pandemic. An additional allocation in the amount of $231,516 was granted to the City in late 2020. The city disbursed all remaining CDBG-CV CAPER 2 OMB Control No: 2506-0117 (exp. 09/30/2021) funds in 2023. Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g) Categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators, units of measure, targets, actual outcomes/outputs, and percentage completed for each of the grantee’s program year goals. Goal Category Source / Amount Indicator Unit of Measure Expected – Strategic Plan Actual – Strategic Plan Percent Complete Expected – Program Year Actual – Program Year Percent Complete Acquisition Affordable Housing CDBG: $ Homeowner Housing Added Household Housing Unit 5 7 140.00% 3 2 67.00% Administration Administration CDBG: $ Other Other 1 1 100.00% 1 1 100.00% Direct Homebuyer Assistance Affordable Housing CDBG: $ Homeowner Housing Added Household Housing Unit 5 9 180.00% 1 2 200.00% Direct Homebuyer Assistance Affordable Housing CDBG: $ Homeowner Housing Rehabilitated Household Housing Unit 0 0 Direct Homebuyer Assistance Affordable Housing CDBG: $ Housing for Homeless added Household Housing Unit 0 0 0 0 Direct Homebuyer Assistance Affordable Housing CDBG: $ Housing for People with HIV/AIDS added Household Housing Unit 0 0 0 0 Fair Housing Fair Housing CDBG: $ Other Other 1 1 100.00% 1 1 100.00% CAPER 3 OMB Control No: 2506-0117 (exp. 09/30/2021) Homeowner Rehabilitation Affordable Housing CDBG: $ Homeowner Housing Rehabilitated Household Housing Unit 30 79 263% 8 9 113% Public Services Non-Homeless Special Needs Non-Housing Community Development CDBG: $ Public service activities other than Low/Moderate Income Housing Benefit Persons Assisted 100 63 63% 5 6 120% Public Services Non-Homeless Special Needs Non-Housing Community Development CDBG: $ Public service activities for Low/Moderate Income Housing Benefit Households Assisted 75 80 107% 17 17 100% Rehab Grants Non-Homeless Special Needs CDBG: $ Facade treatment/business building rehabilitation Business 6 3 50.00% 0 0 100.00% Rehab Grants Non-Homeless Special Needs CDBG: $ Homeowner Housing Rehabilitated Household Housing Unit 0 0 0 0 Rehab Grants Non-Homeless Special Needs CDBG: $ Businesses assisted Businesses Assisted 0 0 Rental Housing Rehabilitation Affordable Housing Non-Homeless Special Needs CDBG: $ Rental units rehabilitated Household Housing Unit 1 0 0.00% CAPER 4 OMB Control No: 2506-0117 (exp. 09/30/2021) Senior Services Non-Homeless Special Needs Non-Housing Community Development Senior Public Service CDBG: $ Public service activities other than Low/Moderate Income Housing Benefit Persons Assisted 150 184 123% 30 47 157% Youth Services Non-Housing Community Development CDBG: $ Public service activities other than Low/Moderate Income Housing Benefit Persons Assisted 15 17 113.33% 0 0 166.67% Table 1 - Accomplishments – Program Year & Strategic Plan to Date Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan, giving special attention to the highest priority activities identified. All activities undertaken by the City of Eden Prairie have a high ranking in the Five Year strategic plan. These activities include Homeless Prevention (PROP), Senior Community Services, Car Repair (PROP), West Hennepin Affordable Housing Land Trust (WHAHLT), First Time Homebuyer and Housing Rehab. Due to high demand, the public service programs met their spending goals. Their priority in the strategic plan was high serving those households who were at or below 80% area median income. Since decent, affordable housing is of the highest priority for the City, it is very important that Housing Rehab, Homeless Prevention (PROP), First Time Homebuyer and WHAHLT meet their goal. The City strives to provide and maintain its affordable housing stock. The City also uses TIF funds to finance its Rehab program and First Time Homebuyer programs. These TIF funds serve households whose income falls between the 80% and 100% AMI income limit. Three first time homebuyers were able to purchase homes in Eden Prairie and thirteen households received rehab assistance using TIF funds. CAPER 5 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-10 - Racial and Ethnic composition of families assisted Describe the families assisted (including the racial and ethnic status of families assisted). 91.520(a) CDBG White 57 Black or African American 13 Asian 6 American Indian or American Native 0 Native Hawaiian or Other Pacific Islander 0 Total 76 Hispanic 1 Not Hispanic 75 Table 2 – Table of assistance to racial and ethnic populations by source of funds Narrative Eden Prairie served seventy households through public service programs during 2024. The majority of clients served were White (45), but other races were also served including Black/African American (12), African American and White (3), Asian (5), and those reporting more than one race (5). One of the households was Hispanic. A demographic snapshot of Eden Prairie, notes Eden Prairie's population as 64,198. 70% of Eden Prairie's population identified as white alone, 7% identified as Black or African American, 14% as Asian and 5% identified as Hispanic. The percentage of households served who identified as Black or African American was above the Eden Prairie statistics while the households identifying as white or Asian where below the Eden Prairie statistics for these demographics. CAPER 6 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-15 - Resources and Investments 91.520(a) Identify the resources made available Source of Funds Source Resources Made Available Amount Expended During Program Year CDBG public - federal 532,385 252,834 Table 3 - Resources Made Available Narrative $153,944.91 – Unexpended CDBG funds at end of previous program year $286,785.00 - 2024 Entitlement Grant $ 91,655.02 - 2024 Program Income $532,384.93 – Total CDBG funds available in 2024 $ 51,185.00 – Expended for Rehab Activities $ 91,000.00 – Expended for Affordable Housing $ 55,000.00 – Expended for Public Services $ 55,694.44 – Expended for Program Administration and Fair Housing Activities $252,834.44 – Total CDBG expended during 2024 $ 279,550.49 - Unexpended CDBG Balance Identify the geographic distribution and location of investments Target Area Planned Percentage of Allocation Actual Percentage of Allocation Narrative Description Citywide 100 100 Table 4 – Identify the geographic distribution and location of investments Narrative All CDBG funds are distributed Citywide. Because there are no concentrations of poverty or other significant factors, all programs are available City-wide. Leveraging CAPER 7 OMB Control No: 2506-0117 (exp. 09/30/2021) Explain how federal funds leveraged additional resources (private, state and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the plan. The CDBG funds that the City receives go towards leveraging other government and private funds by the subrecipients. The City does not use these funds to leverage funds that benefit the City directly. Many of the public service subrecipients who receive City of Eden Prairie CDBG funds use these funds to leverage other funds, including those from private foundations, private individual donors, as well as other City funds. PROP and Senior Community Services together leverage the following amounts: Federal Funds - $75,000 Local Funds - $582,332 Other Funds - $276,500 Total Leveraged Funds - $858,832 No public owned land or property located within the jurisdiction were used to address the needs identified in the plan. CAPER 8 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-20 - Affordable Housing 91.520(b) Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely low-income, low-income, moderate-income, and middle-income persons served. One-Year Goal Actual Number of Homeless households to be provided affordable housing units 0 0 Number of Non-Homeless households to be provided affordable housing units 4 4 Number of Special-Needs households to be provided affordable housing units 0 0 Total 4 4 Table 5 – Number of Households One-Year Goal Actual Number of households supported through Rental Assistance 17 17 Number of households supported through The Production of New Units 1 2 Number of households supported through Rehab of Existing Units 8 9 Number of households supported through Acquisition of Existing Units 3 2 Total 29 30 Table 6 – Number of Households Supported Discuss the difference between goals and outcomes and problems encountered in meeting these goals. The City of Eden Prairie exceeded their affordable housing unit goal this year. The current trend of low inventory of existing homes, rising home costs and higher interest rates makes affordable homeownership a challenge for many low and moderate-income families. Despite these obstacles, the City was able to provide down payment assistance to two first time home buyers using CDBG funds during 2024. The City also finances its First Time Homebuyer program with TIF funds that have a 100% AMI income limit. Three first time homebuyers were able to purchase homes in Eden Prairie using CAPER 9 OMB Control No: 2506-0117 (exp. 09/30/2021) these higher income TIF funds. During 2023, the city was able to partner with WHAHLT to apply for and receive an LHIA grant from the Met Council. This grant matches the city’s investment in the acquisition of affordable land trust properties. WHAHLT was able to acquire two properties in Eden Prairie during 2024 using these matching LHIA grant funds. These properties were sold to two low and moderate- income homebuyers. Seventeen people received rental and mortgage assistance through PROP which helped the families avoid homelessness through eviction and foreclosure. The City's housing rehab program exceeded its goal of eight homes by rehabilitating nine homes during 2024. Of these nine homes, two were a part of the Emergency Rehab program. Through the rehab program, sustainability and affordability are maintained. One obstacle the City encountered with its housing rehab program was securing project bids and finding reliable contractors. Contractors are busier than usual which is causing a delay in bid submission and job completion. In order to address these obstacles in 2025, the City will continue to work with the inspections department to identify contractors who are reliable and are able to complete projects in a timely manner. Discuss how these outcomes will impact future annual action plans. The City’s housing programs had positive outcomes during 2024. The City would like to increase the number of households served with these programs as well as the First Time Homebuyer Program. The City will continue to market its First Time Homebuyer Program to attract more first time homebuyers in Eden Prairie. Currently, the City of Eden Prairie is able to use current and prior year program income to fund the First Time Homebuyer and Housing Rehab programs which will help increase outcomes in 2025. During 2024, the city has seen a decline in program income due to loan recipients remaining in their homes due to high interest rates. If this trend continues during 2025, the City will look to support these programs through our CDBG Entitlement Grant funds and TIF funds. Include the number of extremely low-income, low-income, and moderate-income persons served by each activity where information on income by family size is required to determine the eligibility of the activity. Number of Households Served CDBG Actual HOME Actual Extremely Low-income 35 0 Low-income 31 0 Moderate-income 17 0 Total 83 0 Table 7 – Number of Households Served Narrative Information The City of Eden Prairie is continually trying to add new affordable housing units and maintain the condition of existing units. The City works with developers as they come into the City with a new development to add affordable units. In order to maintain the housing stock, the City offers a Deferred Housing Rehabilitation loan using its CDBG funds. The loans assist those individuals whose income is CAPER 10 OMB Control No: 2506-0117 (exp. 09/30/2021) at or below 80 percent of the area median income, many of whom live in the more affordable housing stock in the City, to maintain the quality of home. Eden Prairie seeks ways to make affordable housing a reality for families of low and moderate income. The Eden Prairie First Time Homebuyer Program offers a zero interest, deferred loan with the City of Eden Prairie holding a second mortgage on the property. The deferred loan helps first time homebuyers offset the cost of purchasing a home by providing assistance with down payment, closing costs, and mortgage principal reduction. Repayment of the loan is required when the home is sold or no longer homesteaded within the first 30 years. After 30 years, the loan becomes due and payable. Financial assistance is provided up to $15,000, but the current loan amount is $10,000 due to availability of funds and the number of requests for funding. The City is brainstorming ways to adjust this program for successful outcomes during a difficult housing market. CAPER 11 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending homelessness through: Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs Eden Prairie is collaborating with Onward Eden Prairie to provide housing to youth who are homeless or facing homelessness. The program offers supportive housing with supervision and case management to help young people get the education and job skills to lift them out of poverty. MoveFwd, funded through the City of Eden Prairie General Fund, provides homeless teens with safe housing. MoveFwd has launched a Host Home program in Eden Prairie that matches a homeless teen with a volunteer family to provide a longer term safe housing environment for the teen. The City of Eden Prairie is part of the Hennepin County Consortium and when presented with someone needing access to services to reduce or end homelessness refers them to a network of social service agencies as well as Hennepin County. The programs and resources highlighted within this objective are available to Eden Prairie residents. Hennepin County hosts robust outreach programs for the unsheltered homeless populations provided by nonprofit organizations, including extensive specialist youth outreach connected to Sexually Exploited Youth programming and other youth specific services. Outreach is provided at locations where people experiencing homelessness are known to congregate at night including parks, overpasses, abandoned structures, public transit and other places not meant for human habitation. During the day, outreach staff focus on locations where unsheltered individuals gather – encampments, free meal sites, the downtown library, and drop-in centers. Through outreach efforts, professionals are able to develop relationships with individuals, understand their service and housing preferences, utilize best practices in engagement, assess individuals for the Coordinated Entry System and support them through housing placement. The County operates its new ‘housing focused case management team’. The team has moved more than 1,200 people into permanent housing. These outcomes are responsive to the disproportionate impact of homelessness by race, with 58% of housing outcomes achieved for people who identify as black, African American or African and 11% of housing outcomes achieved for people who identify as American Indian, Alaska Native or Indigenous. The County launched a new 2-year encampment response project to increase quality data collection. The intent is to create infrastructure within the homeless response system to quickly engage with an encampment, identify occupant’s needs and housing barriers and swiftly working to connect with services and housing options to organically close encampments due to housing all occupants. The team began operations in late 2022 and has since moved 320 people to permanent housing and more than 200 to shelter or other temporary indoor options. CAPER 12 OMB Control No: 2506-0117 (exp. 09/30/2021) Addressing the emergency shelter and transitional housing needs of homeless persons Eden Prairie has worked extensively with local agencies to respond to homelessness. Programs through PROP and HOMELine provide services to help with housing related emergencies, such as tenant-landlord issues and housing assistance. MoveFwd, funded through the Eden Prairie general fund, provides youth experiencing housing instability with safe housing. Immanual Lutheran owns a property in Eden Prairie that serves as a supportive housing program for youth seeking stable housing. PROP provided Homeless Prevention assistance using CDBG funds. The City of Eden Prairie is part of the Hennepin County Consortium and has access to Hennepin County programs and resources. Hennepin County is the primary funder of single adult, family, and youth-specific shelters in the community. At present the community provides 115 consistent family shelter rooms, with overflow provided as needed for the shelter-all commitment. The Adult Shelter Connect bed reservation system and shared HMIS allow efficient resource allocation and reduces the level of daily trauma and stress experienced by people experiencing homelessness. In response to the increases in single adult and unsheltered homelessness, Hennepin County increased the ongoing single adult shelter budget. This funded new case management services in the larger shelter, converted shelters to accommodate couples together, provided more systematic training, and established a new small-scale women-only shelter. The County then invested federal pandemic response in the single adult homeless response system in order to better meet the needs of shelter guests, to quickly connect people to housing resources and to create best practices such as 24/7 shelter, access to storage, housing focused case management and new culturally specific and low barrier shelters for Indigenous individuals. The county will continue these services as long as funding allows, always focusing on housing as the tool to end homelessness. The expansion of quantity, quality and variety of services in single adult shelter – and the expansion of family shelter to meet demand – has seen the annual cost to the County go from less than $15m to more than $40m per year for shelter and related services. Hennepin has retained some Transitional Housing, particularly for youth or households experiencing domestic violence, while others have been reshaped into Rapid Rehousing opportunities in line with HUD’s overall direction on transitional housing. Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs The City of Eden Prairie combats homelessness in several ways including those currently, formerly or likely to become homeless. For example, the city continues to provide funding to Onward Eden Prairie to support transitional housing for young women with a place to stay while learning life skills including CAPER 13 OMB Control No: 2506-0117 (exp. 09/30/2021) living with others, preparing a resume and job hunting, and living independently. Part of their modest rent under this unique model is matched and put into escrow that can be accessed for housing or education upon leaving the home. While a small organization, Onward plans to expand dramatically under its “25 by ’25” program by which it aims to house 25 individuals by the year 2025. Eden Prairie also aims to stave off homelessness by providing substantial funding to HOMELine, a tenants’ rights non-profit that helps thousands of Minnesotans annually and dozens locally understand their rights and responsibilities in maintaining housing, including going through with legal processes when necessary. In 2024, Housing & Community Services worked with HOMELine to bring valuable information and resources to local property managers through its Property Managers Collaborative. Passing a Tenant Protection Ordinance was another way Eden Prairie attempts to prevent homelessness or ease the transition to another residence if continued tenancy is not possible. The Ordinance prevents evictions without just cause, and provides for three months rent payable to the tenant if they are displaced in contradiction of its requirements. Finally, the City acts to prevent potential homelessness by funding the local non-profit People Reaching Out to People (PROP). For several years now the city has invested substantially in rental assistance made available through PROP. Staff maintains close contact with PROP to stay abreast of trends in what their low and moderate-income clients are experiencing in the housing marketplace. Since many renters have fallen behind on rental payments, the City consulted PROP to help with planning the best way to use CDBG funds to prevent homelessness. High inflation and increased rental costs increased the risk of homelessness for Eden Prairie residents during 2024. The City refers residents in crisis to PROP and relies on PROP to forward their data to the City so that we can prevent homelessness before it becomes a problem. The City believes that funding PROP is a high priority in the fight against homelessness. As part of the County Consortium, Eden Prairie has access to Hennepin County’s programs and resources. Hennepin County works across Departments and with local providers and foundations to coordinate homeless prevention programs and move homeless prevention assistance upstream. Coming out of the pandemic eviction moratorium, an Eviction Reduction project was developed to provide legal representation to tenants facing eviction and to connect those facing eviction with economic and social services that will avoid eviction or otherwise achieve housing stability. Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again The Coordinated Entry System (CES) identifies people most appropriate for permanent supportive housing and those who can benefit from rapid rehousing or transitional. The CES prioritizes veterans, CAPER 14 OMB Control No: 2506-0117 (exp. 09/30/2021) chronically homeless persons and families, people with disabilities and those who have the longest histories of homelessness and medical fragilities. The process also assesses household preferences, including preferences for culturally specific services, to support the best match between person and program. The family shelter system offers additional supports, and uses a case conferencing model, for families not eligible for housing interventions from CES and to families in shelter past 45 days. System planners are working with community providers to implement better HMIS workflows for both sheltered and unsheltered settings to more accurately capture chronic data. Inflow and outflow is tracked monthly. Hennepin County makes extensive use of by-name lists and case conferencing to problem solve for difficult households. Using this approach, more than 1,500 veterans have been stably housed since 2015. Today, there are fewer than 100 homeless Veterans actively engaged on the Homeless Registry in the Hennepin CoC. Hennepin began using a similar by-name-list approach for chronically homeless individuals in June 2017 and have since moved more than 1,700 people from this population into housing (with a 93% housing retention rate). The chronic by-name list currently stands at 264 individuals, a 44% reduction from a highpoint of 468 in November 2021. Finally, Hennepin continues to leverage State and Federal funding to expand housing programs, including five consecutive years of being awarded bonus programs through HUD Continuum of Care (CoC) funding and the reallocations of upwards of ~$2.5m in annually renewable CoC funds towards new housing programs for people experiencing chronic homelessness and families. The City of Eden Prairie has access to these services and refers anyone needing help to the above services and to the extent possible, follows up to ensure the proper assistance was provided. CAPER 15 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-30 - Public Housing 91.220(h); 91.320(j) Actions taken to address the needs of public housing Eden Prairie has seen the bulk of its population growth and building activity after the active construction years of the Public Housing program. As such Eden Prairie does not own or manage any public housing assets. It does include, however, a small number of single family publicly owned homes under the oversight and management of the Metropolitan Council’s Metro HRA under its Family Affordable Housing Program (the exact number and location of these is kept private by the HRA). In addition, Eden Prairie is home to three well-located Project-Based Section 8 complexes (two general occupancy and one senior building) totaling approximately 300 units. This collection of traditionally subsidized units forms a core for affordability in the city while new units are added through more localized financing structures. The city has also begun requiring city-subsidized multifamily developments to accept Housing Choice (Section 8) Vouchers and to treat the value of the voucher as income for qualification purposes. While the dearth of public housing facilities limits efforts to address issues in them, the City stays active in trying to preserve affordability where opportunities arise. For example, Eden Prairie was approached by Columbine Townhomes, a LIHTC-financed property that also benefited from the local CDBG program. The property was facing a backlog of repairs and repayment of the CDBG note threatened to make the issue worse. Property ownership and management were facing the prospect of potentially going market rate but first approached the city to explore potential solutions. The city worked with the owner to ensure they will continue to maintain the affordability of 100% of the units for an additional 10 years and commit to making the proposed capital improvements. The improvements include repairs and updates to the exterior, interior, and mechanical components of the townhomes. In exchange for the affordability and improvements, the city agreed to make the loan forgivable once the improvements have been made. The city has also created a Naturally Occurring Affordable Housing (NOAH) Multifamily Action Plan that articulates a vision for trying to preserve older, unsubsidized, private market housing before it may be purchased by outside entities who often want to ‘upscale’ or ‘rebrand’ the properties leaving existing tenants in the lurch. Identifying about 18 potential NOAH properties in the city. While the purchase and rebranding of multifamily Class B or C properties has slowed in the last few years, staff continue to look for funding sources from the state and area non-profits involved in NOAH preservation. The Tenant Protection Ordinance mentioned in CR-25 is seen as a relative backstop against the sometimes-harmful effects of a NOAH conversion that cannot be avoided. Actions taken to encourage public housing residents to become more involved in management and participate in homeownership The City encourages low and moderate-income residents to participate in homeownership by providing a First Time Homebuyer Program that offers downpayment assistance to low and moderate-income first time homebuyers. Eden Prairie requires participants of the program to attend a HUD approved Home CAPER 16 OMB Control No: 2506-0117 (exp. 09/30/2021) Stretch course or an online course through Framework. These programs provide the certification necessary for applicants to be eligible for Eden Prairie homeownership programs. Actions taken to provide assistance to troubled PHAs As mentioned, the City of Eden Prairie does not have public housing hence there are no troubled PHAs. Maintaining, preserving, and adding to the City’s affordable housing stock has, however, been a priority for the city for many years. Using CDBG and “pooled TIF” funds, the housing rehabilitation program and a grant program for seniors needing certain critical repairs has allowed low and mod- income homeowners to stay in their homes, yet maintain the quality of the unit, many of which are affordable. Newly available Local Affordable Housing Aid or LAHA monies received per new state legislation are a welcome supplement for this and other affordable activities. The City also offers a Housing Improvement Area (HIA) program to assist homeowner associations in making necessary structural improvements to keep the properties viable. HIA’s are offered as “last resort” financing to homeowners’ associations who are unable to secure bank financing to pay for the improvements. HIA’s are structured to assess the amount of the loan to the individual homeowner’s property tax and repaid over a period of 15 years. Although rarely accessed, this product is one of the few viable options for common interest communities (CICs) in need of assistance. Finally, the city and developers of new housing work together to include affordable housing in their developments and to maintain the long-term affordability of these units. It does so primarily through the city’s active use of TIF and requirement for affordable housing under its Inclusionary Housing Ordinance. Under the city’s Inclusionary Housing Ordinance, if a project receives TIF assistance from Eden Prairie it must not only provide the mandatory 20% affordable to households at or below 50% of AMI but add an additional 5% at or below 80% and hold those latter units affordable in perpetuity. While this activity has slowed with rising rates, new proposals at present are smaller in scale with a wider array of typologies. In response to this new development, most notably an interest in building new townhome communities, the city is revisiting its Inclusionary Housing Ordinance to determine if adjustments need be made such that the affordability requirements do not preclude smaller scale development by making it financially infeasible, while still securing contributions to the city’s affordable stock. The ordinance’s provisions apply to both multifamily rental and for-sale properties. CAPER 17 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j) Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. 91.220 (j); 91.320 (i) A Housing Task Force researched various housing policies and made specific proposals to city officials on steps they might take to support the construction, rehabilitation, and preservation of affordable housing in Eden Prairie. In addition to the Inclusionary Ordinance and NOAH Action Plan, the city has adopted the recommendation of creating a flexible (both in terms of what funds can be put in it and what activities it can be used for) Affordable Housing Trust Fund, and earlier this year received a $150,000 matching grant for the fund from Minnesota Housing to be used on any number of affordable housing activities. Also, with the increase in sales tax dedicated to housing, the city expects approximately $700,000 per year in additional housing revenue from the state that may or may not be deployed through the fund. In any case, these actions will help close gaps in project proformas that are in due part to costs of local regulation among other uses. Along these lines, the city’s Planning Division has been actively looking at its land use, parking and building codes to look for efficiencies and streamlining when appropriate. Particularly in the city’s transit-oriented station areas and its Major Town Center area, we look to tailor our requirements (in areas such as density waivers, reduced parking, etc.) such that they are ideal for populations respective developments will serve according to their needs, habits, and preferences. The city also looks to its municipal financial advisor, Ehlers, to ensure profit margins on properties involving city financing are appropriate and in line with industry standards and do not unduly enrich developers. In July of this year the city applied for and is hopeful of receiving a $50,000 grant from the Metropolitan Council to hire a consultant in support of its next comprehensive plan update. If funded, the grant funds will cover the costs of a broad and interdisciplinary study looking at current housing typologies and related zoning regulations and contemplate and evaluate opportunities for new housing types and affordable housing opportunities to serve current and future residents. Finally, the city participates in the Fair Housing Implementation Council (FHIC), a regional housing consortium that works on region-wide fair housing strategies. Funding members of the FHIC include Ramsey, Anoka, Hennepin, Carver, Dakota, Scott, and Washington counties, the cities of Bloomington, Eden Prairie, Minneapolis, Plymouth, Saint Paul, and Woodbury, and the Metropolitan Council. The primary purpose of the FHIC is to work collectively and with a regional outlook in drafting the Analysis of Impediments (AI) for which HUD grantees are responsible. This document is prepared every five years, and outlines in detail the impediments to fair housing responsible for or thought to be responsible for inequities in the regional housing market. In the time when not soliciting a consultant to help prepare the analysis, member funds are spent on projects that directly correspond to one or more identified impediments. For example, the FHIC recently funded proposals submitted by local non-profits to enhance or address two AI-identified items—supporting homeownership for households of color and CAPER 18 OMB Control No: 2506-0117 (exp. 09/30/2021) ensuring equal access to housing for people with protected characteristics, that are lower-income, or that are currently homeless or at risk of homelessness. Previous awards were made to host fair housing trainings for landlords and tenants, prevent evictions, and to develop a culturally relevant homebuyer education curriculum. Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j) The city works with several non-profit agencies that coordinate aid to those in need. Some of those agencies, such as PROP and Senior Community Services, are funded with CDBG funds from the City. The city also continues to partner with the YMCA and Briarhill, the project-based Section 8 development, to offer a year-round program for youth residing in the complex. This program provides tutoring and after school activities at no cost to Briarhill residents. This program has brought an educational, fun program to over thirty youth who otherwise would not have been able to participate due to financial and transportation constraints. In 2024, the Eden Prairie Police Department (EPPD) continued to partner with Hennepin County to add a second embedded social worker within the Police Department. This role is designed to provide additional supportive services to residents and minimize law enforcement contact in instances where social support is more appropriate. Staff connected individuals with chemical health resources and interacted with the EPPD’s Mental Health Unit. The City facilitated a partnership between SCS and the Eden Prairie Fire Department to provide additional assistance to seniors in need. These seniors are identified by emergency response personnel during calls for assistance. SCS provided follow up calls to offer additional services. The HCS Somali Liaison connects vulnerable elderly Somali residents with other families that can assist them with household chores and care for their needs. Housing & Community Services has Somali and Hmong speaking staff to allow residents to express the needs of their community in their preferred language. The city contracts with Propio for translation services. The City provides employment assistance to job seekers with limited English skills and computer competencies. Staff assist with on-line job applications and resume building. The HCS Somali liaison provided unemployment and job assistance to 1100 residents who are unemployed or under employed. A community meeting was held to address Somali youth mental health, behavioral and school concerns. A second meeting was held to address the needs of elderly Somali residents and connect them to resources in the community. The city collaborates with a local group, the Community Engagement Impact Council, which brings together local social services providers, the school district, the city, and residents to work collaboratively to build upon community strengths, to access resources, and to address community needs and gaps in services. This group is focused on building awareness of existing community resources to ensure the community is meeting the needs of all Eden Prairie residents. In early 2025, the Community Services Manager was selected to join the local Eden Prairie Family Services Collaborative as a board member. This partnership allows the city to monitor and address CAPER 19 OMB Control No: 2506-0117 (exp. 09/30/2021) human services needs in Eden Prairie. As part of the collaborative, the city works with several non- profits agencies and has the ability to assess critical services and gaps in services within the city. By addressing the gaps in services, the Eden Prairie Family Services Collaborative has the ability to award and fund critical services to further meet the underserved needs. The City participates in the Regional Housing Preservation Work Group comprised of local city staffs, housing advocacy groups, MN Housing Finance Agency and the Met Council. The group is working on strategies to promote and preserve affordable housing, particularly in key areas threatened by gentrification such as communities along the proposed Southwest Light Rail Transit (SWLRT) line. Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j) Participants in the City’s Housing Rehabilitation Program who reside in a house built prior to 1978 are required to have their home tested for lead-based paint prior to receiving a loan. The lead-based paint testing is completed by Hennepin County. If lead hazards are found, they must be corrected, and the home must pass a clearance test before the project is considered complete. If the clearance test does not pass, the corrections and re-testing must continue until the home does pass. This process is completed following HUD regulations and guidelines. If lead is found in the home and children are present, the City will work with the county to help the family apply for county grants in order to address the lead hazards. These grants will provide for temporary housing of the family while the work is being performed as well as paying for a portion of the lead abatement work. Once the home has passed a clearance test, the family will be allowed to move back home. The housing stock in Eden Prairie is newer and there are not many households that participate in the housing rehabilitation program that are built prior to 1978. Since 2004, Hennepin County has taken a comprehensive approach to preventing childhood lead poisoning including community outreach and education, in-home lead education visits, lead risk assessments, lead hazard reduction, and contractor training. To date, Hennepin County has been awarded 13 HUD Office of Lead Hazard Control and Healthy Homes grants, totaling $43 million. Hennepin County was awarded a 2022 lead based paint grant for $6.7 million to run through 2025. Since 2003, the lead grant programs have completed over 5,375 lead hazard reduction projects. Hennepin County is also administering a grant award from the Centers for Disease Control that is allowing us to increase our outreach and education especially to the most at risk populations and geographies through mini grants to community partners who already serve and are trusted in the targeted populations and geographies. These grants demonstrate Hennepin County's continued efforts to provide affordable and safe housing to its residents while working toward the goal of eliminating childhood lead poisoning. The funds may be used throughout Hennepin County. A typical lead reduction project includes window replacement, paint stabilization and lead dust cleaning. Ten members of the Hennepin County Housing and Economic Development (HED) department have received the proper training and are licensed risk assessors. Single Family Rehabilitation program guidelines have been modified to incorporate requirements pertaining to the Lead Safe Housing Rule for CAPER 20 OMB Control No: 2506-0117 (exp. 09/30/2021) project planning, inspection, and monitoring. The County draws from a small group of contractors who are qualified and able to perform the lead hazard reduction work properly. HED has an ongoing relationship with the County's health department to assist with the rehabilitation activities when an elevated blood (EBL) level is identified in an income eligible client in a suburban community. This partnership is expanded under our CDC grant award to offer in home risk assessment to families with children who have tested above 5 µg/dl, the current CDC reference level. Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j) The City works to reduce the number of persons living below the poverty level in several ways. First, the City contributes 15 percent of its total annual CDBG allocation to public services. Some of these public services, including PROP, directly work toward reducing the number of persons living below the poverty level. Secondly, the City provides financial assistance to WHAHLT, to provide permanently affordable owner-occupied housing. The City also provides financial assistance (outside of CDBG funds) for community education programs that occur at Briarhill which is a site based Section 8 properties and provide critical programming and services aimed at helping residents become more self-sufficient. The City provides employment assistance to job seekers, including, but not limited to those with limited English skills and computer competencies. Staff assist with on-line job applications and resume building in order to help families gain stable employment and move out of poverty. Actions taken to develop institutional structure. 91.220(k); 91.320(j) The City of Eden Prairie works in collaboration with local faith based initiatives and social services programs to help newly arriving immigrants navigate the “systems” such as the school system, the park & rec programs available, etc., to help them take full advantage of the services that are offered. This enhanced coordination of efforts helps immigrants and people who are new to the low and moderate- income status make better choices for themselves and their families. Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j) Housing and Community Services (HCS) is a division of the Community Development Department of the City of Eden Prairie. Within HCS, housing staff administer the First Time Home Buyer and Housing Land Trust programs which help low and moderate-income individuals and families attain homeownership. These staff also administer the housing rehabilitation program which makes structural and energy enhancements and repairs to the homes of low and moderate-income people. The Housing and Community Services Specialist position in this Division works to establish and maintain relationships with the owners and manager of the city’s approximately 40 multifamily buildings, the Eden Prairie Property Manager Collaborative meets on a regular basis and includes a community spotlight on social services and guest speakers. Fire and Police Department liaisons also participate in CAPER 21 OMB Control No: 2506-0117 (exp. 09/30/2021) meetings. HCS staff work with the local emergency service providers and members of the faith community to match the needs to the resources available in the community and the region. The goals are to improve landlord / tenant relations and promote best practices in management. To establish and maintain relationships with the owners and manager of the city’s approximately 40 multifamily buildings, the Eden Prairie Property Manager Collaborative meets on a regular basis and includes a community spotlight on social services and guest speakers. Fire and Police Department liaisons participate in these meetings. HCS staff work with the local emergency service providers and members of the faith community to match the needs to the resources available in the community and the region. The goals are to improve landlord / tenant relations and promote best practices in management. The City provides annual grant funding to PROP, the local emergency services provider, to help people who are facing homelessness. The City works in collaboration with PROP case managers and managers of multi-family developments to locate and secure affordable units to house families and individuals at risk of homelessness. Eden Prairie Fire conducts annual health and safety inspections of multifamily units throughout the community. Fire staff manage health and safety risks that are covered by ordinance, and work collaboratively with HCS and local non profits to make referrals for issues that impact quality of living but are not within the scope of City inspection standards. The city participates in the Regional Housing Preservation Work Group. This is a group comprised by local City staffs, housing advocacy groups, and others including the Minnesota Housing Finance Agency and the Metropolitan Council. The group is working on strategies to promote new and actively preserve existing affordable housing, particularly in key areas threatened by gentrification such as communities along the under-construction Southwest Light Rail Transit (SWLRT) line. Identify actions taken to overcome the effects of any impediments identified in the jurisdictions analysis of impediments to fair housing choice. 91.520(a) Homeownership perceived as unattainable by some households of color. The First Time Home Buyer Program and the Housing Land Trust program are opportunities for families to overcome financial barriers to homeownership. The City has worked with realtors and lenders who serve low income populations to market these programs. The HCS Somali liaison is available to assist households with limited English with the first time homebuyer application process. New state resources have become available to help first-generation homebuyers attain what their families haven’t to date, owning their own home. The state funding has been split between Mid- Minnesota CDC’s FirstGenDPA program and Minnesota Housing’s First-Generation Homebuyer program, offering up to $32,000 and $35,000, respectively. Minnesota Housing’s program uses its traditional, CAPER 22 OMB Control No: 2506-0117 (exp. 09/30/2021) established lender network that the city already uses for its local first-time homebuyer efforts. Because of this close linkage, staff will be able to direct clients who have never owned a home nor have their parents to a higher assistance level, enabling the city to further leverage its own funding and assist many households attain home ownership. NIMBY-ism with regard to siting and placement of affordable housing. Generally speaking, the city uses a “scattered site” housing strategy to avoid the concentration of affordable housing developments. Increasingly, however, as opportunity sites dwindled, interest has intensified around four light rail transit stations the city will host on the Twin Cities’ Green Line. For example, Greco’s Company’s The Fox & The Grouse development is completing the leasing of its first phase (425 total units across both phases) near the Golden Triangle station, with a quarter of them affordable. Other potential opportunities also being contemplated are the former Vikings training facility and the outer reaches of Eden Prairie Center, with early plans including dense multifamily housing as a significant part of redevelopment visioning at both large sites. The city requires that developers engage affected residents about potential housing developments early in the process. The city sought and received special legislation last year that will enable redevelopment at Eden Prairie Center without the typically needed “blight” designation. The mixed-use concept plans include housing as a primary component, where again, one-quarter of new units would be expected to be affordable to low- and moderate-income households. The relative success the city had in bringing new multifamily projects online since 2017 has sparked some NIMBY-ism with some residents asking ‘how much is enough?’ and raising typical concerns such as loss of property value, increased traffic, and crime. To help combat this, staff has been working with and providing data and expertise to the nascent Eden Prairie Housing Alliance, which has as its main goal increasing awareness of the importance of affordable housing for a healthy and equitable community. The potential Met Council grant funds for a comprehensive housing analysis connected to the comprehensive plan update will if provided help support renewed dialogues regarding housing attitudes and preferences as pertain community sentiment, inclusive of those both in favor or against increased affordable housing and housing typologies in the city. The process will allow room for positive messaging concerning the importance of and need for such options. In this regard, the city has provided staff as a resource to a small group of concerned residents called the Eden Prairie Housing Alliance. While not in operation long, its early activities have centered on communications regarding affordable housing’s centrality in fostering vibrant, growing, and increasingly diverse communities such as Eden Prairie. CAPER 23 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-40 - Monitoring 91.220 and 91.230 Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements In addition to receiving reports, the City also conducts an on-site monitoring visit of each subrecipient. These on-site monitoring visits consist of review of files for compliance with federal regulations, general program review with the subrecipient, and follow-up to ensure any problems found are being resolved. In addition to on-site monitoring, the City reviews its active files quarterly to verify subrecipients are expending their funds in a timely manner. On-site monitoring is completed biannually and was completed during the spring of 2024. No concerns were found during the monitoring or with the quarterly reports submitted by the agencies. The next on-site monitoring will be conducted in the spring of 2026 during the 2025 program year. Citizen Participation Plan 91.105(d); 91.115(d) Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports. Eden Prairie’s Citizen Participation Plan calls for Eden Prairie’s Annual Action Plan to be available for thirty days for public comment. The City solicited public comments from February 23, 2024 – March 24, 2024. This thirty-day comment period was published in the Sun Sailor on February 22, 2024 and the goal was to solicit comments from the public regarding the 2024 Annual Action Plan. For the 2024 program year, the Eden Prairie City Council held a public hearing on March 12, 2024, and allowed the public to comment on the proposed activities. Notice of the public hearing was published on February 22, 2024, in the Sun Sailor. Representatives from PROP, Senior Community Services and WHAHLT addressed the City Council during the Public Hearing to express their gratitude for past funding and to answer any questions the Council members may have. No citizens participated in the public hearing. The plan was made available on the City’s website and a copy of the plan was available for review at Eden Prairie City Center and Eden Prairie Library. No questions or comments were received during the thirty-day comment period. The City of Eden Prairie’s citizen participation process includes an RFP process that allows non-profit agencies to apply for CDBG funding. Through this process, the City engages with social service providers, the faith community and school district staff to learn about the needs in the community and how to best allocate public service funds in the most effective manner. Throughout the year, the Eden Prairie City Council attends various community events to gather feedback and input on issues facing Eden Prairie residents. During 2024, the City Council held town hall events CAPER 24 OMB Control No: 2506-0117 (exp. 09/30/2021) with senior residents. The events were well attended, and information was shared on available resources and opportunities as well as addressing resident’s needs and concerns. Notice of the public hearing for the CAPER was published on August 14, 2025, in the Sun Sailor. Copies of the draft CAPER were available on Eden Prairie’s website, https://www.edenprairie.org/CAPER, from August 14-August 29, 2025. Translation of the CAPER was available upon request. The Eden Prairie City council held a public hearing on September 2, 2025, to solicit public comments on the CAPER. No comments were received regarding Eden Prairie’s CAPER. After the City’s public hearing, Hennepin County held a 15 day public comment period for the Consortium’s 2024 CAPER from September 10, 2025-September 26, 2025. The county’s public hearing was held on September 16, 2025, and no comments were received regarding Eden Prairie’s portion of the CAPER. Action Plans and CAPER reports are available to the public on the website or upon request. CR-45 - CDBG 91.520(c) Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives and indications of how the jurisdiction would change its programs as a result of its experiences. The City of Eden Prairie continues to utilize its CDBG funds in a variety of ways to create and maintain affordable housing. The City believes that the variety of activities it offers is well balanced and serves the needs of the community. Our goals are to allow people the opportunity to remain in their homes. The Rehabilitation Loan Program, HOME program, and PROP Homeless Prevention Program met this goal. Currently, the City has no plans to significantly change the activities it offers and believes our goals are on target as to the number of people served by each activity. The City has been persistent in using CDBG and local funds to the maximum capacity. CAPER 25 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-45 - CDBG 91.520(c) Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives and indications of how the jurisdiction would change its programs as a result of its experiences. The City of Eden Prairie continues to utilize its CDBG funds in a variety of ways to create and maintain affordable housing. The City believes that the variety of activities it offers is well balanced and serves the needs of the community. Our goals are to allow people the opportunity to remain in their homes. The Rehabilitation Loan Program, HOME program, and PROP Homeless Prevention Program met this goal. Eden Prairie expended its remaining CDBG-CV funds in PY 2023. These remaining funds were used to prevent, prepare for and respond to the coronavirus through PROP’s emergency rental assistance program. The City supported PROP and their homeless prevention program that provided rental assistance to low and moderate-income Eden Prairie residents adversely affected by the coronavirus. Currently, the City has no plans to significantly change the activities it offers and believes our goals are on target as to the number of people served by each activity. The City has been persistent in using CDBG and local funds to the maximum capacity. Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants? No [BEDI grantees] Describe accomplishments and program outcomes during the last year. CAPER 26 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-58 – Section 3 Identify the number of individuals assisted and the types of assistance provided Total Labor Hours CDBG HOME ESG HOPWA HTF Total Number of Activities 0 0 0 0 0 Total Labor Hours 0 Total Section 3 Worker Hours 0 Total Targeted Section 3 Worker Hours 0 Table 8 – Total Labor Hours Qualitative Efforts - Number of Activities by Program CDBG HOME ESG HOPWA HTF Outreach efforts to generate job applicants who are Public Housing Targeted Workers 0 Outreach efforts to generate job applicants who are Other Funding Targeted Workers. 0 Direct, on-the job training (including apprenticeships). 0 Indirect training such as arranging for, contracting for, or paying tuition for, off-site training. 0 Technical assistance to help Section 3 workers compete for jobs (e.g., resume assistance, coaching). 0 Outreach efforts to identify and secure bids from Section 3 business concerns. 0 Technical assistance to help Section 3 business concerns understand and bid on contracts. 0 Division of contracts into smaller jobs to facilitate participation by Section 3 business concerns. 0 Provided or connected residents with assistance in seeking employment including: drafting resumes,preparing for interviews, finding job opportunities, connecting residents to job placement services. 0 Held one or more job fairs. 0 Provided or connected residents with supportive services that can provide direct services or referrals. 0 Provided or connected residents with supportive services that provide one or more of the following: work readiness health screenings, interview clothing, uniforms, test fees, transportation. 0 Assisted residents with finding child care. 0 Assisted residents to apply for, or attend community college or a four year educational institution. 0 Assisted residents to apply for, or attend vocational/technical training. 0 Assisted residents to obtain financial literacy training and/or coaching. 0 Bonding assistance, guaranties, or other efforts to support viable bids from Section 3 business concerns. 0 Provided or connected residents with training on computer use or online technologies. 0 Promoting the use of a business registry designed to create opportunities for disadvantaged and small businesses. 0 Outreach, engagement, or referrals with the state one-stop system, as designed in Section 121(e)(2) of the Workforce Innovation and Opportunity Act. 0 CAPER 27 OMB Control No: 2506-0117 (exp. 09/30/2021) Other. 0 Table 9 – Qualitative Efforts - Number of Activities by Program Narrative Eden Prairie does not have CDBG funded projects that trigger section 3 requirements. City Council Agenda Cover Memo Date: September 2, 2025 Section: 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 319602 - 319646 Checks 5001082 - 5001604 Wire Transfers 11680 - 11743 ATTACHMENTS Check Register Check Summary City of Eden Prairie Council Check Summary 9/2/2025 Divison Amount Division Amount 000 General Total 47,733 601 Prairie Village Liquor Total 164,531 100 City Manager Total (398) 602 Den Road Liquor Total 326,107 101 Legislative Total 11,877 603 Prairie View Liquor Total 192,146 102 Legal Counsel Total 50,828 605 Den Road Building Total 6,743 110 City Clerk Total 997 701 Water Enterprise Fund Total 659,485 111 Customer Service Total 3,584 702 Wastewater Enterprise Fund Total 496,269 112 Human Resources Total 42 703 Stormwater Enterprise Fund Total 147,728 113 Communications Total 24,866 Total Enterprise Fund 1,993,010 114 Benefits & Training Total 4,525 131 Finance Total 686 SAC Total 49,700 136 Public Safety Communications Total 8,373 316 WAFTA Total 66 150 Park Administration Total 1,080 802 494 Commuter Services Total 40,286 151 Park Maintenance Total 52,881 807 Benefits Fund Total 1,794,154 153 Organized Athletics Total 83 809 Investment Fund Total 1,695 154 Community Center Total 24,099 810 Workers Comp Insurance Total 264,994 155 Beaches Total 28 811 Property Insurance Total 183,209 156 Youth Programs Total 27,482 812 Fleet Internal Service Total 175,333 157 Special Events Total 29,999 813 IT Internal Service Total 57,560 158 Senior Center Total 154 814 Facilities Capital ISF Total 49,825 159 Recreation Administration Total 7,454 815 Facilities Operating ISF Total 82,790 160 Therapeutic Recreation Total 5,450 816 Facilities City Center ISF Total 75,690 162 Arts Total 11,966 817 Facilities Comm. Center ISF Total 36,841 163 Outdoor Center Total 784 818 Dental Insurance Total 19,492 168 Art Center Total 42 820 Fencing Consortium Total 10,498 180 Police Sworn Total 14,393 Total Internal Svc/Agency Funds 2,842,133 184 Fire Total 38,724 186 Inspections Total 5,104 Report Total 8,558,187 200 Engineering Total 29,996 201 Street Maintenance Total 31,949 202 Street Lighting Total 4,167 Total General Fund 438,946 301 CDBG Total 24,900 303 Cemetery Operation Total 1,501 322 Local Affordable Housing Aid Total 9,959 Total Special Revenue Fund 36,360 446 2014A G.O. Tax Abatement Bonds Total 150,650 448 2016A GO Bonds - West 70th St. Total 9,030 Total Debt Service Fund 159,680 314 Special Investigations Total 58 315 Economic Development Total 225,029 502 Park Development Total 1,451 509 CIP Fund Total 26,805 513 CIP Pavement Management Total 1,636,319 526 Transportation Fund Total 5,197 539 2020 Improvement Projects Total 2,885 543 Police Remodel Total 1,137,844 544 Shady Oak (FCD to Valley View) Total 52,471 Total Capital Projects Fund 3,088,058 City of Eden Prairie Council Check Register 9/2/2025 Amount Vendor Name Account Description Business Unit Comments1,626,091 BITUMINOUS ROADWAYS INC Pavement Rehab Streets Pavement Street Pavement Rehab 447,779 LEAGUE MN CITIES INS TRUST WC Insurance Insurance Work Comp/Property Casualty Premiums 399,971 HEALTHPARTNERS Insurance Health and Benefits August 2025 Premiums 396,352 METROPOLITAN COUNCIL MCES User Fee Wastewater Collection Wastewater Svc Fee Sep. 2025 365,051 UKG INC Payroll Taxes Health and Benefits Payroll Taxes PR Ending 07.25.25 364,758 UKG INC Payroll Taxes Health and Benefits Payroll Taxes PR Ending 08.08.25 304,187 MINNESOTA UTILITIES & EXCAVATING LLC OCS - Other Contracted Services Police Remodel Police Dept. Renovation 252,541 METERING & TECHNOLOGY SOLUTIONS Capital Under $25,000 Water Capital Water Meter Assemblies 241,383 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 07.25.25 240,717 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 07.11.25 230,383 U S BANK Debt Payment Various Funds Debt payment 08/01/25 187,500 ST JOHNS WOOD HOMES ASSOCIATION INC Accounts Receivable TIF-Eden Shores Senior Housing Siding Assessments Payment 1 166,725 CORE MECHANICAL SERVICES LLC OCS - Other Contracted Services Police Remodel Police Dept. Renovation 165,839 MINNESOTA DEPT OF REVENUE Sales Tax Payable Various Funds Sales Tax July 2025 148,997 SUPER SET FLOORING & TILE LLC OCS - Other Contracted Services Police Remodel Police Renovation 142,506 EBERT CONSTRUCTION OCS - Other Contracted Services Police Remodel Police Renovation 133,179 BOYER TRUCKS Autos Fleet - Public Works New Streets Single Axle Purchase - 161 123,500 FOBBE ELECTRIC INC OCS - Other Contracted Services Police Remodel Police Remodel 91,236 BKJ LAND COMPANY Improvement Contracts Stormwater Capital Sorrell and Mitchell Drainage 63,563 MULCAHY NICKOLAUS LLC OCS - Other Contracted Services Police Remodel Police Renovation 60,895 KELLINGTON CONSTRUCTION INC OCS - Other Contracted Services Police Remodel Police Renovation 58,727 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Liquor Funds 56,460 XCEL ENERGY Electric Various Funds 54,763 CONTRACT HARDWARE CO, INC OCS - Other Contracted Services Police Remodel 54,734 SRF CONSULTING GROUP INC Design & Engineering Shady Oak (FCD to Valley View) 49,203 METROPOLITAN COUNCIL Due to Other Governments SAC 47,344 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Liquor Funds 47,250 MINGER CONSTRUCTION INC OCS - Equipment/Vehicles Wastewater Collection 41,236 HULS BROKERAGE INC Lime Residual Removal Water Treatment 39,725 GRAYMONT Chemicals Water Treatment 39,000 THE WINDOW GUYS, LLC OCS - Other Contracted Services Facilities Capital 35,929 ABM ONSITE SERVICES-MIDWEST Janitor Services Various Funds 34,897 VOYA Deferred Compensation Health and Benefits 34,069 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Liquor Funds 34,041 XCEL ENERGY Electric Various Funds 33,422 VOYA Deferred Compensation Health and Benefits 32,193 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Liquor Funds 30,053 HYDROCORP Improvement Contracts Water Capital 29,996 APADANA ENERGY LLC OCS - Other Contracted Services Sustainable Eden Prairie 28,185 GREGERSON ROSOW JOHNSON & NILAN LTD Legal Legal 27,424 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Liquor Funds 27,204 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Liquor Funds 26,203 EXCEL LAWN & LANDSCAPE OCS - Lawn Maintenance Various Funds 25,607 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Liquor Funds 24,959 TWIN CITIES SIDING AND ROOFING OCS - Other Contracted Services Rehab 24,700 JRK STEEL INC OCS - Other Contracted Services Police Remodel 23,743 GRAYMONT Chemicals Water Treatment 23,170 NCR PAYMENT SOLUTIONS,PA, LLC Credit Card/Bank Fees Liquor Funds 22,978 WEX Health Savings Account Health and Benefits 22,645 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Liquor Funds 20,860 GREGERSON ROSOW JOHNSON & NILAN LTD Legal Legal 20,600 TRAFERA LLC Computers IT Operating 20,500 RES SPECIALTY PYROTECHNICS INC OCS - Other Contracted Services July 4th Celebration 20,464 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 20,138 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits Amount Vendor Name Account Description Business Unit Comments18,978 WEX Health Savings Account Health and Benefits 18,051 GRI EDEN PRAIRIE, LLC Rent Prairie Village Liquor 17,937 CARD CONNECT Credit Card/Bank Fees Various Funds 17,619 WATERFRONT RESTORATION LLC OCS - Other Contracted Services Stormwater Non-Capital 17,335 CAPITOL BEVERAGE SALES LP Liquor Product Received Liquor Funds 17,256 ESS BROTHERS & SONS INC R&M Supplies - Other Wastewater Collection 17,055 PRAIRIEVIEW RETAIL LLC Rent Prairie View Liquor 16,809 BKV GROUP OCS - Other Contracted Services Police Remodel 16,539 EDEN BLUFF CORPORATE CTR Refund Water 16,187 BKV GROUP OCS - Other Contracted Services Police Remodel 16,180 METROPOLITAN MECHANICAL CONTRACTORS OCS - HVAC General Community Center 16,001 GRAYMONT Chemicals Water Treatment 15,992 CENTERPOINT ENERGY Gas Community Center 15,900 RIGHTLINE DESIGN LLC OCS - Other Contracted Services Communications 15,861 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 15,803 PAYCHEX Payroll 494 Corridor Commission 15,287 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Liquor Funds 15,032 HENNEPIN COUNTY SHERRIFF'S OFFICE Deposits General Fund 14,600 PETERSON BROS ROOFING AND CONSTRUCTION I OCS - Roof Various Funds 14,078 CAPITOL BEVERAGE SALES LP Liquor Product Received Liquor Funds 13,680 HAWKINS INC Chemicals Water Treatment 13,545 CAPITOL BEVERAGE SALES LP Liquor Product Received Liquor Funds 13,475 BADGER METER Telephone Water Metering 13,019 CHASE Credit Card/Bank Fees Various Funds 12,742 U.S. BANK - I-494 PURCH. CARD Various 494 Corridor Commission 12,737 SSI ABS-2025-1 PROJECT HOLDINGS LLC Electric Various Funds 12,654 HAWKINS INC Chemicals Water Treatment 12,500 THE HOME DEPOT Accounts Receivable TIF-Eden Shores Senior Housing 12,500 THE HOME DEPOT Accounts Receivable TIF-Eden Shores Senior Housing 10,999 FIREHOUSE GRANTS LLC OCS - Other Contracted Services Fire 10,847 BIFFS INC Waste Disposal Various Funds 10,825 SEBCO INC OCS - Other Contracted Services Facilities Capital 10,733 HYDRO-VAC INC OCS - Equipment/Vehicles Stormwater Collection 10,712 SOUTHWEST SUBURBAN CABLE COMMISSION Dues & Subscriptions City Council 10,490 CHOSEN VALLEY LLC Operating Supplies Outreach 10,281 HAMMER COMMUNITY SOLAR LLC Electric Facilities Operating ISF 10,037 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Liquor Funds 10,000 BS&A SOFTWARE New Software Capital Maint. & Reinvestment 9,900 HEBING HEATING & COOLING LLC 9,745 BITUMINOUS ROADWAYS INC 9,282 ARTISAN BEER COMPANY 9,060 EHLERS & ASSOCIATES INC 8,680 TAPCO 8,363 BRAUN INTERTEC CORPORATION 8,087 YOUNGSTEDTS COLLISION CENTER 7,998 INTEGRITY REMODELING & DESIGN GROUP LLC 7,938 PHILLIPS WINE AND SPIRITS INC 7,710 BPAS 7,586 T-MOBILE 7,559 MARTIN MARIETTA MATERIALS 7,500 BADGER STATE INSPECTION LLC 7,425 PRECISION UTILITIES 7,123 HINTERLAND CSG LLC 6,894 HEALTHPARTNERS 6,778 WSB & ASSOCIATES INC 6,739 XCEL ENERGY 6,671 CATALYST GRAPHICS INC 6,650 AUTUMN RIDGE LANDSCAPING INC 6,411 SOBANIA COMMUNITY SOLAR Amount Vendor Name Account Description Business Unit Comments6,386 VANELLA GROUP OF MN, LLC, THE 6,349 IDEAL SERVICE INC 6,182 AMERICAN PRESSURE INC 6,144 ARTISAN BEER COMPANY 6,083 HOHENSTEINS INC 6,061 REVOLUTIONARY SPORTS, LLC 6,000 CITY OF EDEN PRAIRIE 5,937 BREAKTHRU BEVERAGE MN WINE & SPIRITS 5,825 PHILLIPS WINE AND SPIRITS INC 5,815 HEALTHPARTNERS 5,722 HEALTHPARTNERS 5,610 ESS BROTHERS & SONS INC 5,607 ARTISAN BEER COMPANY 5,600 PIONEER ATHLETICS 5,579 BPAS 5,562 SHADYWOOD TREE EXPERTS 5,504 BOUND TREE MEDICAL LLC 5,495 PALADIN TECHNOLOGIES 5,467 STANTEC CONSULTING SERVICES INC 5,445 PAUSTIS & SONS COMPANY 5,315 WINE MERCHANTS INC 5,209 CEMSTONE PRODUCTS COMPANY 5,196 KURILLA CONTRACTING COMPANY 5,160 DG MINNESOTA CS 2021 LLC 5,102 VERIZON WIRELESS 5,012 INTERTECH INC 5,000 WATERLY 4,874 LAW ENFORCEMENT LABOR SERVICES INC. 4,816 HEALTHPARTNERS 4,600 CASTRO CLEANING LLC 4,530 ADVANTAGE PROPERTY MAINTENANCE INC 4,492 CORE & MAIN 4,450 ARX PERIMETERS 4,210 BREAKTHRU BEVERAGE MN WINE & SPIRITS 4,190 XIGENT SOLUTIONS LLC 4,074 BELLBOY CORPORATION 3,898 HOHENSTEINS INC 3,836 MINNESOTA VALLEY ELECTRIC COOPERATIVE 3,831 STERLING FENCE INC 3,814 WINE MERCHANTS INC 3,764 INFRARED CONSULTING SERVICES INC 3,675 DAKOTA WOOD - GRINDING INC 3,633 SAFETY FIRST PLAYGROUND MAINTENANCE 3,542 CLEAR RIVER BEVERAGE CO 3,503 GENERAL REPAIR SERVICE 3,474 BREAKTHRU BEVERAGE MN WINE & SPIRITS 3,469 SHADYWOOD TREE EXPERTS 3,465 SHORT ELLIOTT HENDRICKSON INC 3,426 CEMSTONE PRODUCTS COMPANY 3,407 TAHO SPORTSWEAR INC 3,364 PURCHASE POWER 3,333 LOCKRIDGE GRINDAL NAUEN PLLP 3,300 ST CROIX ENVIRONMENTAL INC 3,275 UKG INC 3,274 INVOICE CLOUD INC 3,262 CORRECTIVE ASPHALT MATERIALS LLC 3,252 BRYAN ROCK PRODUCTS INC 3,244 GREAT LAKES COCA-COLA DISTRIBUTION 3,224 CONSERVATION CORPS MINNESOTA & IOWA Amount Vendor Name Account Description Business Unit Comments3,220 IMPACT PROVEN SOLUTIONS 3,159 FIRST ARRIVING IO INC 3,133 HOHENSTEINS INC 3,112 MARTIN MARIETTA MATERIALS 3,100 HENNEPIN HEALTHCARE 3,031 GRAINGER 3,005 BELLBOY CORPORATION 2,987 CATALYST GRAPHICS INC 2,940 VAN PAPER COMPANY 2,748 METRO SALES INCORPORATED* 2,745 PETERSON COUNSELING AND CONSULTING LLC 2,699 WM CORPORATE SERVICES INC 2,656 PRESCRIPTION LANDSCAPE 2,625 MINNESOTA DEPARTMENT OF EMPLOYMENT 2,611 NATIONAL BUSINESS FURNITURE 2,585 HACH COMPANY 2,560 REVOLUTIONARY SPORTS, LLC 2,547 EARL F ANDERSON 2,459 PAUSTIS & SONS COMPANY 2,440 FLYING CLOUD TRANSFER STATION 4553 2,439 ARVIG 2,393 OUTDOOR ENVIRONMENTS INC 2,369 VINOCOPIA 2,369 STREICHERS 2,333 BCM ONE 2,332 WM MUELLER AND SONS INC 2,294 PERA 2,292 EMERALD ELEMENTS 2,268 BELLBOY CORPORATION 2,250 FUN ENGINEERZ LLC 2,195 TGA OF CENTRAL HENNEPIN COUNTY 2,090 BROTHERS FIRE PROTECTION 2,085 MARS SUPPLY 2,062 GENUINE PARTS COMPANY 2,054 METRO SALES INCORPORATED* 2,052 WM MUELLER AND SONS INC 2,027 NATIONAL MARTIAL ARTS ASSOCIATION, INC 1,997 HANSON SPORTS LLC 1,980 METERING & TECHNOLOGY SOLUTIONS 1,919 AMERICAN RED CROSS 1,918 FLEETPRIDE INC 1,910 WINE MERCHANTS INC 1,894 CENTERPOINT ENERGY 1,852 WINE COMPANY, THE 1,842 WINEBOW 1,799 GRAINGER 1,778 STREICHERS 1,768 INTERNATIONAL UNION OF OPERATING 1,750 FLEETPRIDE INC 1,750 TWIN CITIES DOTS AND POP LLC 1,745 GBS 1,736 METERING & TECHNOLOGY SOLUTIONS 1,726 BARNA, GUZY & STEFFEN ,LTD 1,725 GOPHER STATE ONE-CALL 1,695 US BANK 1,655 SYSCO WESTERN MINNESOTA 1,627 EMERALD ELEMENTS 1,613 FIDELITY SECURITY LIFE INSURANCE CO 1,608 WINE COMPANY, THE Amount Vendor Name Account Description Business Unit Comments1,565 PRAIRIE ELECTRIC COMPANY 1,534 CLEAR RIVER BEVERAGE CO 1,484 VINOCOPIA 1,457 MASTER CRAFT LABELS INC 1,451 ADVANCED FIRST AID INC 1,450 MARTIN-MCALLISTER 1,446 FERGUSON WATERWORKS 1,445 INSIGHT BREWING COMPANY LLC 1,441 PAUSTIS & SONS COMPANY 1,420 WEX 1,400 JOHNSON ARIEL 1,400 HAYO, SHAI 1,380 VINOCOPIA 1,356 CDW GOVERNMENT INC. 1,350 TAIKO ARTS MIDWEST 1,304 AMERICAN EXPRESS 1,294 DAKOTA SUPPLY GROUP INC 1,292 LYNDE ENTERPRISES INC 1,260 CLEAR RIVER BEVERAGE CO 1,236 SITEONE LANDSCAPE SUPPLY, LLC 1,234 NAC MECHANICAL AND ELETRICAL SERVICES 1,214 STREICHERS 1,208 UKG INC 1,208 UKG INC 1,205 SUMMER LAKES BEVERAGE LLC 1,203 SHORT ELLIOTT HENDRICKSON INC 1,198 FASTENAL COMPANY 1,171 BATTERIES PLUS BULBS 1,157 MILESTONES 1,156 BOUND TREE MEDICAL LLC 1,148 MARCO INC 1,140 STAR TRIBUNE MEDIA COMPANY LLC 1,140 SECURE BY DESIGN INC 1,103 INTERSTATE POWER SYSTEMS INC 1,103 INTERSTATE POWER SYSTEMS INC 1,100 OSTROM ENTERTAINMENT LLC 1,095 CINTAS CORPORATION 1,088 LYNCH CAMPS INC 1,070 MHSRC/RANGE 1,000 JS STEWART COMPANIES INC 1,000 NATIONAL MARTIAL ARTS ASSOCIATION, INC 999 BOURGET IMPORTS 978 MAVERICK WINE LLC 969 CEMSTONE PRODUCTS COMPANY 957 A CLEAR SOLUTION AUTO GLASS REPAIR 954 HANSON SPORTS LLC 942 CENTURYLINK 921 MACQUEEN EQUIPMENT INC 920 JOYANN PARKER LLC 908 JOHN HENRY FOSTER MINNESOTA INC 905 GARTNER REFRIGERATION & MFG INC 901 LUPULIN BREWING COMPANY 900 CORE & MAIN 887 WINEBOW 882 RIVER'S EDGE CONCRETE, LLC 879 MEGA BEER 875 NARTEC INC 869 SOLUTION BUILDERS 869 MODIST BREWING COMPANY Amount Vendor Name Account Description Business Unit Comments850KALEIDOSCOPE TEENS 845 3CMA 834 THE ADVENT GROUP 824 SUBURBAN CHEVROLET 810 MUEHLBAUER, THOMAS G 810 FIRST DUE 802 VENN BREWING COMPANY 800 NORTH CENTRAL LABORATORIES 800 LUCIS LUIS CARDONA 794 SITEONE LANDSCAPE SUPPLY, LLC 785 ZIEGLER INC 780 IDEA CREEK LLC,THE 779 DREW'S CONCESSIONS LLC 762 MACQUEEN EQUIPMENT INC 760 GLOBAL RESERVE LLC 752 ASPEN MILLS 750 NORELL JESSE 742 PMA FINANCIAL NETWORK INC 734 WEX 731 DIGGINS NICHOLE DAY 724 POMP'S TIRE SERVICE INC 720 INSTRUMENTAL RESEARCH INC 720 INSTRUMENTAL RESEARCH INC 715 HANSON SPORTS LLC 713 WEX 708 WEX 706 LUPULIN BREWING COMPANY 700 MINNESOTA NATIVE LANDSCAPES 700 D H EXCAVATING 700 INNOVATIVE GRAPHICS 700 DIVAS ENTERTAINMENT LLC 699 DIESEL COMPONENTS, INC. 695 WALL TRENDS INC 695 OSI BATTERIES 687 SITEONE LANDSCAPE SUPPLY, LLC 682 NORTHLAND PETROLEUM SERVICE INC 667 MENARDS 664 WINE COMPANY, THE 658 WEX 655 WEX 648 SPORTS UNLIMITED 647 ASPEN WASTE SYSTEMS INC. 639 EULL'S MANUFACTURING CO INC 633 METRO ELEVATOR 630 INDIGO SIGNWORKS, INC. 627 MINNESOTA DEPT OF REVENUE 622 STATE SUPPLY COMPANY 603 SYSCO WESTERN MINNESOTA 602 GREAT LAKES COCA-COLA DISTRIBUTION 591 EARL F ANDERSON 584 SHAMROCK GROUP, INC - ACE ICE 580 WEX 578 INSIGHT BREWING COMPANY LLC 576 BARREL THEORY BEER COMPANY 569 PROPIO LS LLC 567 MENARDS 567 WEX 553 LANO EQUIPMENT INC 549 MODIST BREWING COMPANY Amount Vendor Name Account Description Business Unit Comments548US BANK - CREDIT CARD MERCHANT ONLY 545 LINDAHL, DAVID 540 ESTRINE, ROBERT 524 RIVER'S EDGE CONCRETE, LLC 523 BRAUN INTERTEC CORPORATION 511 STEEL TOE BREWING LLC 501 INVOICE CLOUD INC 500 DIETHELM, TAMMY L 500 HENNEPIN COUNTY WARRANT OFFICE 500 WEX 499 USA INFLATABLES 495 SHAMROCK GROUP, INC - ACE ICE 492 CORE & MAIN 482 RED BULL DISTRIBUTING COMPANY INC 481 WEX 475 UNMAPPED BREWING CO 475 NATIVE RESOURCE PRESERVATION 475 ECM PUBLISHERS INC 474 WM MUELLER AND SONS INC 473 JOHNSON KARLEIGH 469 CASE, RON 465 TRANSUNION RISK & ALTERNATIVE DATA 457 SHAMROCK GROUP, INC - ACE ICE 455 T-MOBILE 455 ECM PUBLISHERS INC 450 HENNEPIN COUNTY TREASURER 447 WEX 445 ASSURED SECURITY 444 DIVERSE BUILDING MAINTENANCE 444 DIVERSE BUILDING MAINTENANCE 443 HENNEPIN COUNTY TREASURER 424 LEAGUE MN CITIES INS TRUST 415 METRO ELEVATOR 414 AMERICAN RED CROSS 414 MEGA BEER 408 PREMIUM WATERS INC 404 HIRSHFIELD'S 403 WOODEN HILL BREWING COMPANY LLC 402 CENTURYLINK 390 ELM CREEK BREWING COMPANY 380 STEEL TOE BREWING LLC 378 HEADFLYER BREWING 377 BARRIE SPENCER 375 THE ADVENT GROUP 370 MONTGOMERY BREWING COMPANY LLC 361 AM CRAFT SPIRITS SALES & MARKETING 360 PRYES BREWING COMPANY 353 WOODEN HILL BREWING COMPANY LLC 351 CASE, RON 340 NORTHFIELD MACHINERY BUILDERS INC 330 ST CROIX LINEN LLC 327 COMCAST 325 LUPULIN BREWING COMPANY 325 VESTIS SERVICES LLC 320 BCA - MNJIS 318 PROP - PR 315 56 BREWING LLC 314 FASTENAL COMPANY 314 SUMMER LAKES BEVERAGE LLC Amount Vendor Name Account Description Business Unit Comments311WOODEN HILL BREWING COMPANY LLC 310 MINNESOTA ASSOCIATION OF GOVERNMENT COM 308 LINDEMAN BRETT 307 VESTIS SERVICES LLC 305 OLSEN CHAIN & CABLE 303 DELTA DENTAL 303 US BANK - PAYMODE 300 URBAN GROWLER BREWING COMPANY LLC 300 URBAN GROWLER BREWING COMPANY LLC 300 SAMBATEK INC 300 RAINBOW PARTY ARTS 300 KING SAMANTHA 298 ACME TOOLS 297 WEX 294 DOMACE VINO LLC 291 XTREME INTEGRATION 288 HEALTHPARTNERS OCCUPATIONAL MEDICINE 288 DALE GREEN COMPANY, THE 282 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC 282 DOMACE VINO LLC 281 COMCAST 281 COMCAST 278 LANDBRIDGE ECOLOGICAL 273 SOCIABLE CIDER WERKS LLC 272 PAFFY'S PEST CONTROL 266 OPTUM HEALTH 264 MENARDS 263 CUSTOM HOSE TECH 261 NEW FRANCE WINE COMPANY 257 HAYEN, LINDA 256 WEX 251 INSIGHT BREWING COMPANY LLC 250 BEARDER ALEXA JEANE 250 DIRECTV 240 ARBEITER BREWING COMPANY LLC 237 EMERALD ELEMENTS 236 UNMAPPED BREWING CO 231 MINNESOTA ROADWAYS CO 229 CONCRETE CUTTING AND CORING 229 DIGI-KEY 228 INBOUND BREW CO 226 VANCO SERVICES 225 TWIN CITY MONUMENT CO 224 DELUXE 222 LANDS END CORPORATE SALES 221 NEW FRANCE WINE COMPANY 220 FACTORY MOTOR PARTS COMPANY 208 STEEL TOE BREWING LLC 208 HIRSHFIELD'S 206 ELM CREEK BREWING COMPANY 205 ANDREI NABOKA 203 JANEX INC 203 CONSTRUCTION MATERIALS INC 202 BIFFS INC 200 KENNEDY & GRAVEN CHARTERED 199 REACH 195 JOHN KATZUNG 193 SMALL LOT MN 186 ALLEN'S SERVICE INC Amount Vendor Name Account Description Business Unit Comments183BUILDING CONTROLS & SOLUTIONS 180 MPX GROUP, THE 179 LIGHT GINA 177 PROSOURCE SUPPLY 177 STAVE NOAH 175 PRAIRIE ELECTRIC COMPANY 175 CLAREY'S SAFETY EQUIPMENT 173 TIMESAVER OFF SITE SECRETARIAL INC 172 TIMESAVER OFF SITE SECRETARIAL INC 171 ELM CREEK BREWING COMPANY 171 VESTIS SERVICES LLC 170 BARREL THEORY BEER COMPANY 168 MN MAINTENANCE EQUIPMENT INC 165 CONCRETE CUTTING AND CORING 165 THE ADVENT GROUP 164 KEITH HEATON 160 ADAMS PEST CONTROL INC 151 CHRISTOPHER WOLF 150 EMILEE PATTON 147 BRYAN ROCK PRODUCTS INC 147 CLINT CLARK 146 ANGELA SOVAK 145 NVE CORPORATION 144 BARREL THEORY BEER COMPANY 143 GERALD FROST 141 ARCPOINT LABS OF EDINA 140 KRISTIN HOEPNER 137 CONSTRUCTION MATERIALS INC 135 HORIZON COMMERCIAL POOL SUPPLY 135 WEX 133 DAXKO LLC 133 DANIELLE HALL 132 ASPEN MILLS 131 A. M. LEONARD 130 EARL F ANDERSON 128 WARNER BONITA 127 LEONARD, MICHELLE 125 MADISON, MELISSA 124 DUAL CITIZEN BREWING COMPANY 124 JOHNSON LITHO GRAPHICS OF EAU CLAIRE LTD 124 KALYAN GANGEYULA 122 STERICYCLE INC 120 PRESNELL EDWARD M JR 120 SUMMIT FIRE PROTECTION 119 COMCAST 118 COMCAST 117 EDEN HEIGHTS ESTATES HOA 116 INVICTUS BREWING CO 115 MARK KEEFE 110 MPX GROUP, THE 110 CHC CREATING HEALTHIER COMMUNITIES 108 CITI-CARGO & STORAGE CO, INC 106 CHRIS AHLQUIST 102 MATTHEW RUDD 101 INTER CITY WATER & SEWER CO INC 99 SHRED RIGHT 99 ANDERSON LAKES ANIMAL HOSPITAL 98 VICTOR SHNEUR 95 BLACK & DECKER, U S INC Amount Vendor Name Account Description Business Unit Comments94OLSEN CHAIN & CABLE 93 QUALITY PROPANE 92 STAPLES ADVANTAGE 90 COMCAST 90 CARLSTON, BRANDON 90 MPX GROUP, THE 90 NORTH CENTRAL LABORATORIES 89 DODGE OF BURNSVILLE 88 ADVANCED ENGINEERING & ENVIROMENTAL SERV 87 PAYCHEX 85 PATRICIA SAUNDERS 83 MADDIE MEYER 82 I-STATE TRUCK CENTER 80 PAYA 78 GENE PARR 78 DENNIS MCKAY 77 LOWERY, THOMAS 77 BOYER TRUCKS 76 COMCAST 76 COMCAST 76 PAULA BRABECK 75 MINNESOTA STATE FIRE CHIEFS ASSN 75 CHANSKI DAN 72 PILGRIM DRY CLEANERS INC 70 OLSEN CHAIN & CABLE 68 BERRY COFFEE COMPANY 68 ECM PUBLISHERS INC 66 CAMPBELL KNUTSON, P.A. 66 EDEN PRAIRIE CRIME PREVENTION FUND 65 RICHFIELD PRINTING INC 63 H & L MESABI 63 WEX 62 STAPLES ADVANTAGE 62 GRAINGER 57 MEREDITH KATE 56 BOUND TREE MEDICAL LLC 54 QUICKSILVER EXPRESS COURIER 53 NELSON, ROBIN 52 AARON SCHULTZ 52 BECKER ARENA PRODUCTS INC 51 COMCAST 50 BERRY COFFEE COMPANY 50 VOYA 50 BASEBALL 365 48 TOWN LAW CENTER PLLP 47 CEF EDEN PRAIRIE COMMUNITY SOLAR LLC 45 KODEX INC 42 CONTINENTAL CLAY COMPANY 39 RICHARD JOHNSON 34 BOHNSACK, SUE 31 STEVEN SCHWIETERS 30 WEX 29 WEX 29 ROCKEY, JOSH 27 TOLL GAS AND WELDING SUPPLY 25 MINNESOTA DEPT OF REVENUE 25 UPS 24 MINNESOTA TROPHIES & GIFTS 22 SPOK, INC. Amount Vendor Name Account Description Business Unit Comments22UPS 21 RICK ROTHERHAM 20 SHERBURNE COUNTY RECORDER 19 MONEY MOVERS INC 19 MINNESOTA TROPHIES & GIFTS 18 VIKAS GARG 18 MARISSA UHRINA 16 NCPERS GROUP LIFE INSURANCE 15 MINNESOTA VALLEY ELECTRIC COOPERATIVE 15 CARTER NICHOLS 13 STEPHANIE KINSEY 13 GOERGEN, MARIE 11 JOSEPH OREHEK 11 EDEN PRAIRIE FOUNDATION 11 EDEN PRAIRIE FOUNDATION 10 SQUARE 10 LAUDERDALE PROPERTIES INC 9 VESTIS SERVICES LLC 9 PRAIRIE LAWN AND GARDEN 7 TIMOTHY C LENOX 7 PROPIO LS LLC 7 NCR PAYMENT SOLUTIONS,PA, LLC 4 COMCAST 4 FASTENAL COMPANY 3 CEF EP COMMUNITY SOLAR LLC 3 BOBBY & STEVE'S AUTO WORLD EDEN PRAIRIE 1 WEX 8,558,187 Report Total City Council Agenda Cover Memo Date: September 2, 2025 Section: Report of City Manager Item Number: XIII.B.1. Department: Rick Getschow, City Manager, Administration ITEM DESCRIPTION Resolution certifying the proposed 2026 property tax levy, accepting the proposed 2026 budget, setting the date for public hearing, and consenting and approving the HRA tax levy REQUESTED ACTION Move to adopt the resolution that: • Certifies the proposed 2026 property tax levy to be $52,844,814; and • Sets December 2, 2025 at 7:00 pm, as the meeting which will include discussion of the budget and provide for public comment; and • Accepts the proposed 2026 budget of $66,847,061; and • Consents and approves the HRA tax levy of $230,000. SUMMARY Minnesota Law and administration rules prescribe a detailed process for public notification and participation in setting taxes and budgets of local governments. Cities must adopt a proposed property tax levy and certify that amount to the county auditor on or before September 30, 2025. In addition, the City Council must accept a proposed budget for the coming year. The City must announce at this Council meeting the future time and date of the regularly scheduled meetings at which the budget and tax levy will be discussed and public testimony taken. The Council must adopt a final tax levy and budget by December 29. Minnesota Law authorizes the HRA to levy a tax with the consent of the City Council. This resolution gives the consent needed for the HRA. ATTACHMENTS Resolution Tax Levy Exhibit 2026 Proposed Budget Report CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2025-__ A RESOLUTION ADOPTING THE CITY’S PROPOSED 2026 PROPERTY TAX LEVIES, ACCEPTING A PROPOSED BUDGET FOR GENERAL OPERATIONS AND TAX-SUPPORTED OBLIGATIONS FOR 2026, AND CONSENTING AND APPROVING THE 2026 HRA LEVY WHEREAS, the City Council of the City of Eden Prairie has reviewed the City Manager’s recommended 2026 budget and tax levies; and WHEREAS, the City Council has decided to accept these recommendations at this time. NOW, THEREFORE, BE IT RESOLVED that the City Council: 1. Establishes the following proposed taxes on real and personal property within the City of Eden Prairie for the 2026 budget. Taxes to be Levied Against Tax Capacity General Fund 49,949,571$ Bonds and Interest 2021A Tax Abatement Bonds - 2025A Capital Improvement Bonds 1,995,243 Tax Capacity Levy for Certification 51,944,814 Less Fiscal Disparities Distribution 2,725,032 Net Tax Collectible 49,219,782 Tax Abatement 900,000 Total Net Tax Collectible 50,119,782$ Funds have been provided for principal and interest payments on all bond issues except as shown above, and no other levies are required (as shown in Exhibit 2). The proposed total Levy may not be exceeded when the City Council sets the final tax levy for 2026. 2. Accepts the 2026 proposed levy of $52,844,814 and proposed budget totaling $66,847,061 at this time. 3. Consents and approves the 2026 HRA tax levy of $230,000. ADOPTED by the City Council on September 2, 2025. _________________________ Ronald A. Case, Mayor ATTEST: _____________________________ David Teigland, City Clerk CITY OF EDEN PRAIRIE NOTICE OF ADJUSTMENT TO REQUIRED DEBT LEVIES LEVIED YEAR 2025, COLLECTED YEAR 2026 EXHIBIT 2 Debt levy amounts previously certified may be adjusted to the amounts shown below due to the availability of other repayment sources. Date of Amount of Required Levy Actual Levy OUTSTANDING DEBT WITH REQUIRED LEVY Issue Issue 2025/2026 2025/2026 G.O. Tax Abatement Bonds 2021A 12/08/21 $11,940,000 $1,098,405 $900,000 G.O. Capital Improvement Bonds 2025A 03/12/25 $24,760,000 $1,995,243 $1,995,243 GRAND TOTAL $3,093,648 $2,895,243 City of Eden Prairie 09/02/2025 CITY COUNCIL WORKSHOP 2026/2027 PROPOSED BUDGET 1 TABLE OF CONTENTS Table of Contents ....................................................................................................................................... 1 Budget Overview ........................................................................................................................................ 2 City Survey ................................................................................................................................................... 4 Tax Base ....................................................................................................................................................... 5 Tax Levy and Budget .................................................................................................................................. 7 Debt Levy ..................................................................................................................................................... 7 Capital Levy ................................................................................................................................................ 8 General Fund Revenue Budget ................................................................................................................ 9 General Fund Expenditure Budget ......................................................................................................... 12 Housing and Redevelopment Authority (HRA) ..................................................................................... 16 Conclusion ................................................................................................................................................. 17 2 BUDGET OVERVIEW The 2026/2027 proposed budget provides the resources to achieve the City’s goals for Eden Prairie citizens. These goals are part of the Eden Prairie Promise to the community to fulfill the mission and vision of Eden Prairie and continue making Eden Prairie a great place to live, work and dream. The City Council’s 2026/2027 budget objectives include the following: Achieve City Goals • Community Well-being & Safety • High Quality Efficient Services • Preserved & Beautiful Environment • Sense of Community • Innovative & Sustainable Practices • Economic Vitality Provide Value to Citizens • Maintain High Quality City Services • Reasonable Tax Impacts Maintain Strong Financial Position and Bond Rating • Approve a Balanced Budget • Maintain Fund Balance Policies • Conservative Estimates of Revenues and Expenditures • Review fees and charges annually, at a minimum adjust for inflation • Comprehensive and Long-Range Capital Planning Sustain Current Levels of Employee Morale and Engagement • Provide pay and benefits that are competitive and consistent with public and private sector trends • Provide diverse, enriched training, professional development and wellness initiatives to build the skills of future leaders 3 The City Council is emphasizing the following areas to achieve City Goals for this budget cycle: o Administration  2026 Elections o Community Development  Update to comprehensive plan based on revised growth projections and Met Council requirements  Housing Policies and Programs o Police  Maintain staffing, enhance recruitment and training o Fire  Hiring of full-time fire fighters based on the Standard of Cover Study conducted in 2024 o Public Works  Sustainability Initiatives o Parks  Expand contract with Institution/Community Work Crew (ICWC) These goals and the related costs are interwoven in various sections of the budget. Many times the costs are almost entirely staff time, and do not require significant financial investment. Some of the costs are capital costs and included in the City’s Capital Improvement Plan, which is separate from the general fund budget. The budget process started in February with a review of City Council goals and will end in December with final approval and adoption of the budget. The process to date and future planned activities include the following: Internal Budget Process • 2024 – Complete City-Wide work plans • March/April - Internal service fund budgets prepared by managers • April 17 - Budget kick-off meeting • May 23 - Staff budget preparation work due • May/June - Departmental budget meetings held • City Manager, Directors, and Finance prepare for City Council Workshop 4 Council Process • February 18 – City Council Discussion on Priorities • April 15 – City Council Workshop on the Community Survey • May 6 – City Council Workshop o Council accepts 2024 financial results • July 15 - City Council Budget Workshop • September 2 - Council adopts a preliminary tax levy and budget • November 18 – City Council Workshop on Enterprise Funds • December 2 - Public Meeting and Council adopts final tax levy and budget CITY SURVEY The 2024 Quality of Life Survey provided residents with the opportunity to rate the quality of life in the City of Eden Prairie, as well as the quality-of-service delivery and overall workings of local government. The survey also permitted residents to provide feedback to the government on what is working well and what is not, and to share their priorities for community planning and resource allocation. The City uses the biannual citizen survey as one input tool for the budget. Key Findings Eden Prairie continues to be a highly desirable place to live. • Eden Prairie residents continue to rate their quality of life highly, with 90% awarding excellent or good marks in 2024, which is higher than national and regional peer benchmarks and similar to the state benchmarks. Eden Prairie’s customer service is viewed positively. • Nearly two-thirds of respondents indicated they had contacted a City service department in the last 12 months. • Of the respondents that had contact with the City, about 9 in 10 were pleased with all aspects of the interaction. Impressions of City employees were on par with national, regional, and Minnesota benchmarks. 5 City services continue to be highly rated. • In 2024, about 9 out of 10 rated Eden Prairie services as excellent or good, a rating on par with previous years and ranks higher than national, regional and Minnesota comparisons. • Approximately two-thirds of the respondents felt they received excellent or good value for City services considering the property tax paid. This rating ranks higher than the national benchmark and is similar to Minnesota and regional communities. Awareness of sustainability strategies has increased since 2023. • At least three-fourths of residents are somewhat familiar with composting food scraps, switching from gasoline-powered vehicles to electric vehicles, and replacing/improving mechanical equipment to reduce energy consumption. • 7 in 10 respondents were familiar with completing a home energy audit. The survey provides valuable input and demonstrates evidence of overall satisfaction with City services. TAX BASE The ability to levy and collect taxes is based on property market values, tax capacities, and the City tax rates. Below is a history of the City’s market value of all residential and commercial properties. 6 The current estimated market value for taxes payable in 2026 is a market value increase to $14.7 billion, which is a 1.39% increase over 2025. The table below shows the history of adjusted net tax capacity, certified tax levy and the City tax rate since 2022. Below summarizes the City’s tax impact for residential, apartment, and commercial properties based on current information from the County. Percent Property Type 2024/2025 2025/2026 Difference Change Residential ($558,800)1,723$ 1,865$ 142$ 8.24% Apartment ($18M)72,795$ 73,203$ 408$ 0.56% Commercial ($3.8M)15,205$ 14,662$ (543)$ (3.57%) 7 TAX LEVY AND BUDGET Below summarizes the proposed total tax levy and budget. Tax Levy Budget DEBT LEVY For 2026 and 2027 debt payments supported by the tax levy are projected to remain 4% to 5% of the general fund budget. The City has a policy of maintaining a percentage of 5% to 15% of the general fund budget as we consider this to be a moderate debt burden. Moody’s Investors Service has assigned a rating of Aaa to the City of Eden Prairie’s (MN) bond for every debt issue since 2003, the highest rating from Moody’s. Standard & Poor’s has also assigned a rating of AAA to the City of Eden Prairie’s bonds outstanding, their highest rating as well. This ensures the City receives the most competitive interest rates. The City’s bond ratings reflect Eden Prairie’s wealthy residential tax base, strong management, a robust financial profile and modest leverage due to limiting future borrowing plans. 2025 2026 Percent 2027 Percent Fund Adopted Proposed Difference Change Proposed Difference Change General Fund 47,177,624$ 49,949,571$ 2,771,947$ 5.9% 52,609,467$ 2,659,896$ 5.3% Capital Improvement/Maintenance 400,000 - (400,000) (100.0%) 400,000 400,000 0.0% Total Levy Subject to Levy Limits 47,577,624 49,949,571 2,371,947 5.0% 53,009,467 3,059,896 6.1% Debt Service Tax Capacity 1,701,316 2,895,243 1,193,927 70.2% 2,997,605 102,362 3.5% Debt Service Market Value 700,000 - (700,000) (100.0%)- - 0.0% Total Debt Levy 2,401,316 2,895,243 493,927 20.6% 2,997,605 102,362 3.5% Total Tax Levy - Per the County 49,978,940 52,844,814 2,865,874 5.7% 56,007,072 3,162,258 6.0% Fiscal Disparity Distribution (2,534,793) (2,725,032) (190,239) 7.5% (2,725,032) - 0.0% Adjusted Levy 47,444,147$ 50,119,782$ 2,675,635$ 5.6% 53,282,040$ 3,162,258$ 6.3% 2025 2026 Percent 2027 Percent Fund Adopted Proposed Difference Change Proposed Difference Change General Fund $59,977,548 $63,951,818 $3,974,270 6.6%$66,757,736 $2,805,918 4.4% Debt 2,401,316 2,895,243 493,927 20.6% 2,997,605 102,362 3.5% Capital Levy 400,000 - (400,000) (100.0%) 400,000 400,000 0.0% Total City Budget $62,778,864 $66,847,061 $4,068,197 6.5%$70,155,341 $3,308,280 4.9% 8 For 2026 and 2027, the total debt levy is $2,895,243 and $2,997,605 respectively. On February 18, 2025, the City issued $24,760,000 of G.O. Capital Improvement Bonds, Series 2025A. The bonds bear interest at a rate of 4.0%-5%, with maturity in 2046. The proceeds will be used for the Police Remodel. The City currently has two bonds that are supported by the debt levy. These include the Aquatics expansion at the Community Center and the newly issued debt for the Police remodel. Below summarizes the detail of the 2026/2027 debt levy. CAPITAL LEVY The City prepares a ten-year capital improvement plan and updates the plan every other year. The Capital Improvement and Maintenance fund (CIMF) pays for capital projects that do not have another funding source, for example, playground replacement, repair and expansion of trails, parks – parking lot maintenance, public safety radio replacement, etc. The CIMF is funded through liquor operations profit, rental income, antenna revenue, tax levy, miscellaneous revenue, and one-time funds the City receives. For example, when the general fund has positive operating results, amounts not needed to meet the fund balance policy have been transferred to the CIMF. Based on positive operating results over the past few years, the City does not anticipate levying an amount in 2026. In previous years, the levy amount has been $400,000 annually. 2025 2026 Percent 2027 Percent Debt Levy Adopted Proposed Difference Change Proposed Difference Change Debt Levy on Tax Capacity 2021 Refunded Tax Abatement 1,338,105$ 900,000$ (438,105)$ (32.7%) 1,000,000$ 100,000$ 11.1% 2020A Refunding Bonds (SouthWest Fire Station)363,211 - (363,211) (100.0%)- - - 2025A Capital Improv. Bonds (Police Remodel)- 1,995,243 1,995,243 - 1,997,605 2,362 0.1% Sub-total 1,701,316 2,895,243 1,193,927 70.2% 2,997,605 102,362 3.5% Debt Levy on M arket Value 2020A Refunding Bonds (Parks Referendum)700,000 - (700,000) (100.0%)- - - Sub-total 700,000 - (700,000) (100.0%)- - - Total 2,401,316$ 2,895,243$ 493,927$ 20.6% 2,997,605$ 102,362$ 3.5% 9 GENERAL FUND REVENUE BUDGET Below summarizes the 2026/2027 proposed General Fund Revenue Budget. Property tax revenue is the single largest source of revenue, and the City strives to balance increases in property taxes with the demand for City services. Property taxes account for 76.6% of the General Fund budget. The tax levy in the proposed budget is increasing 5.9% and 5.3% respectively for 2026 and 2027. Charges for services is the second largest revenue source and accounts for 10.2% of the General Fund Budget. Charges for services are increasing $446,170 or 7.3% in 2026 and $137,690 or 2.1% in 2027. The increase is due to expected improved performance at the Community Center as it continues to rebound from the impacts of COVID. The increase also includes a membership fee increase of 10% in 2026 and 3% in 2027. Licenses and permits revenue is the third largest revenue source to the General Fund and accounts for 6.8% of the General Fund revenues. Licenses and permits is increasing $173,713 or 4.2% for 2026 and remains relatively flat for 2027. Significant items to note include the following: • Building permit and fees revenue for 2026 is budgeted to increase to $2,756,700 which is $156,025 or 6% more than 2025. This budget was held flat for 2027 as we budget a higher increase every other year. Building permit fees were not increased for 2026 and 2027 but we were able to increase the budget due to conservative budgeting in the past. The below history shows actual amounts to 2024 and then budgeted amounts to 2027. 2025 2026 Percent 2027 Percent Adopted Proposed Difference Change Proposed Difference Change Taxes 46,264,072$ 48,990,580$ 2,726,508$ 5.9% 51,597,278$ 2,606,698$ 5.3% Licenses and Permits 4,159,200 4,332,913 173,713 4.2% 4,330,750 (2,163) (0.0%) Intergovernmental Revenue 1,885,585 2,583,221 697,636 37.0% 2,488,405 (94,816) (3.7%) Charges for Services 6,089,637 6,535,807 446,170 7.3% 6,673,497 137,690 2.1% Fines and Forefeits 350,000 425,000 75,000 21.4% 425,000 - 0.0% Investment Income 50,000 372,600 322,600 645.2% 500,000 127,400 34.2% Other Revenue 158,325 203,625 45,300 28.6% 207,375 3,750 1.8% Transfers 470,729 508,072 37,343 7.9% 535,431 27,359 5.4% Total 59,427,548$ 63,951,818$ 4,524,270$ 7.6% 66,757,736$ 2,805,918$ 4.4% 10 • Cable TV is decreasing by $41,000 in 2026 and remaining flat for 2027. As you can see from the graph, cable revenue continues to drop year over year. Intergovernmental revenue (IGR) sources includes Federal and State grants, State aid, School Liaison, and other local grants. For 2026, IGR is increasing to $2,583,221 which is an increase of $697,636 or 37%. The increase is primarily due to bringing budgeted 11 amounts in line with prior year actual amounts. The largest increases are for Police and Fire Pension aid, which is received in the last quarter of the year, and grants. The Police Pension aid was increased from $650,000 to $950,000 and Fire Relief Association aid was increased from $550,000 to $700,000. Since this aid is not received until the last quarter of the year, the average increase of the last four years was used to anticipate the 2025 amount and then to budget for the 2026 amount. For 2027 the aid was kept flat. The grant line item was increased from $200,000 to $350,000, also to bring this line item in line with actual amounts. IGR revenue also includes the School District’s share of the cost of the School Resource Officer’s (SRO) wages and benefits. These costs are split 50/50 with the city, which is consistent with our surrounding peers. Currently, there are 4.5 SROs for the 2025-2026 school year. Below is a history of the IGR revenue (without COVID money in 2020-2022). The below history shows actual amounts to 2024 and then budgeted amounts to 2027. Other revenues that the General Fund receives consists of fines and penalties, contributions, interest income, reimbursements and transfers–in. These revenues make-up 2.4% of General Fund Revenues. 12 GENERAL FUND EXPENDITURE BUDGET Expenditures are proposed to increase 6.6% in 2026 and 4.4% in 2027. The following graph shows budget changes by category: Since the City provides significant services to the community, wages and benefits make up 68.9% percent of the general fund budget. The most significant categories include wages, pension and taxes, health insurance, part-time wages, and workers compensation insurance. Other significant costs include amounts to maintain facilities, fleet services, information technology, and electricity. These items make up another 18.3% of the budget. All other items make up 12.8% of the budget. The chart below illustrates the budget by category. 2025 2026 Percent 2027 Percent Adopted Proposed Difference Change Proposed Difference Change Administration 5,356,825$ 5,696,169$ 339,344$ 6.3% 5,834,924$ 138,755$ 2.4% Community Development 2,828,732 2,839,407 10,675 0.4% 2,996,794 157,387 5.5% Police 20,500,197 22,882,295 2,382,098 11.6% 23,656,754 774,459 3.4% Fire 8,148,999 9,052,459 903,460 11.1% 9,891,070 838,611 9.3% Public Works 7,051,708 6,769,729 (281,979) (4.0%) 7,044,510 274,781 4.1% Parks and Recreation 16,091,087 16,711,759 620,672 3.9% 17,333,684 621,925 3.7% 59,977,548 63,951,818 3,974,270 6.6% 66,757,736 2,805,918 4.4% 13 Below provides information on the significant items in the budget. Full-Time Wages With a staff of 241 full-time employees in the general and internal service funds, the City provides its residents and businesses with a full range of municipal services consisting of police and fire protection, street maintenance, recreation programs, park maintenance, community and economic development, and building inspections. Wages are proposed to increase 6.1% in 2026 and 6.4% in 2027. This includes a 3% base increase and step increases. Through staff turnover, the City usually sees budget reduction as new staff are often hired at a lower rate. However, new employees earn step increases and performance pay until they reach the target rate for their position, which then adds additional increases to the budget. The city also anticipates hiring additional career firefighters based on the Fire Study mentioned below. The City prepares the budget for wages by looking at trends within the private sector labor market and our local government peer group. Based on the compensation trends we are seeing, we are proposing a 3% wage increase in 2026. This proposal is in line with our peer cities and the private sector. We must continue to provide similar increases as the private sector and our public sector peer cities to remain competitive. Wages – Part time Wages part-time are increasing $93,845 or 3.1% in 2026 and decreasing $50,915 or 1.6% in 2027. For 2027, the election budget decreased as it is a non-election year. The 2027 budget also includes an increase of $15,000 in part time wages for a summer intern in the Planning department. Duty Crew Duty Crew wages for 2026 are $1,226,720 which is $35,730 or 3% more than 2025 and for 2027 are $1,263,522 which is $36,802 or 3% more than 2026. 14 Duty Crew firefighters continue to provide excellent service to our City. However, there continues to be a gap in hours that our Duty Crew firefighters are able to cover in order to maintain high quality services. All Duty Crew firefighters have other full-time or part-time jobs, and their time availability has changed in recent years. In 2024 a Standard of Cover Study was conducted. The study provided an evaluation of the fire department service delivery and also provided recommendations on what is needed to maintain high quality service delivery today and in future years. The study also evaluated current service delivery, fire station locations, changing city demographics, all-hazard response needs, and changing city operations/services. Fire Relief Pension Plan Firefighters of the City of Eden Prairie are members of the Eden Prairie Firefighter Relief Association. The Association is the administrator of the single-employer defined benefit pension plan available to firefighters. The plan is administered pursuant to Minnesota Statutes Chapter 69, Chapter 424A, and the Association’s by-laws. As of December 31, 2024, membership includes 94 active participants, 104 retirees and beneficiaries currently receiving benefits, and 19 terminated employees entitled to benefit but not yet receiving them. Minnesota Statues specifies minimum support rates required on an annual basis by the City. The Association completes an actuarial study every two years which documents the required contribution from the City. An updated actuarial was completed for 2024 and 2025 which resulted in a required contribution (City and State) of $444,776. An updated actuarial will be performed in March 2026 to determine the 2026 and 2027 contribution requirements. It is estimated that the City will receive $700,000 of Fire Relief Pension Aid from the State, which offsets the required contribution. PERA The City pays public employees’ retirement (PERA) benefits for all eligible employees. Generally all full-time employees and part-time employees, who earn more than $425 in a single month, are PERA eligible. The City currently contributes 7.50% of salary for PERA except for the police and fire employees where the percent is 17.7% for 2026. The City also pays 7.65% of the salary for FICA except for police and fire where the percentage is 1.45%. The City budgeted $4,628,384 for PERA/FICA in 2026 and $4,808,132 in 2027. Health Insurance The City periodically conducts a Request for Proposal (RFP) process to procure health insurance. State law requires that the City issue an RFP every five years. The City is currently working with HealthPartners to approve a two-year health insurance contract for 2026 and 2027. For 2026, health insurance is budgeted at $3,726,700 which is an increase of $671,710 due to a 22% increase in premiums. For 2027, the budget is $3,847,863 which is an increase of $121,156 due to the rate cap of 16.5% 15 Workers Compensation The workers compensation user charge is decreasing from $1,667,791 in 2025 to $987,150 in 2026. This is a reduction of $680,641 or 40.8%. For the years 2020-2024 premiums have increased on average 17%. For 2025-2026, rates are finally starting to come back down and on average have decreased by 17%. Our current experience modifiation is .86 and has ranged from .55 to 1.06 since 2014. When the EMR is lower, our workers compensation costs are less due to positive claims experience. The average EMR, or the point at which the City is said to be no more or no less risky than another, is 1.0. If our EMR dips below 1.0, we are considered safer than most, which translates to lower premiums. For 2027 the charge is budgeted to increase to $1,039,767. MN Paid Family and Medical Leave (PFML) Beginning January 1, 2026 the PFML program will provide job-protected, partial wage replacement to eligible employees who need time off for certain qualifying events. The program is funded by a .88% contribution split 50/50 between the employer and employee. The City’s portion is $127,918 for 2026 and $132,503 for 2027. Facilities User Charges The Facilities Division is responsible for building related operations, preventative maintenance, remodeling, and long-term maintenance programs of the facilities owned by the City. The buildings include the City Center, Community Center, Outdoor Center, Art Center, Maintenance Facility, four Fire Stations, park shelters, and historical buildings. Facilities charge back to the internal users for these services. Facility user charges are increasing from $6,388,783 in 2025 to $7,170,954 in 2026, which is an increase of $782,171, or 12.2%. The increase is due mainly to wages and benefits and common area maintenance (CAM) charges. The CAM increase reflects the City’s full responsibility of this charge following the departure of tenants at City Center. For 2027, charges are increasing to $7,448,431 or 3.9%. IT User Charges The Information Technology Division is responsible for providing strategic technology direction and managing and implementing IT governance processes in support of City leadership. IT develops and implements IT operational policies and standards, manages contracts for IT services with various service providers, and coordinates major citywide activities including: • General PC/Phone Systems Support; • Network Wellness (Network Hardware/Servers/Enterprise Applications); • Application Analysis, Implementation and Support and; • Technology Analysis, Recommendation and Implementation. 16 The Information Technology Division manages approximately 100 different software applications and 625 devices (desktops, laptops, iPads). IT charges back to the internal users for these services. For the General Fund, IT user charges are increasing from $3,127,454 in 2025 to $3,548,658 in 2026 an 13.5% increase. The increase is attributed to planned implementation of new software and upgrades including the property information management system, police and fire software, and body cameras. For 2027, $3,756,271 is budgeted which is a 5.9% increase. Fleet Services User Charges Fleet services provide and maintain a safe, high quality, reliable and efficient fleet of vehicles and equipment. They manage approximately 270 vehicles and large pieces of equipment. The fleet includes police and fire vehicles, snowplows, dump trucks, pickup trucks and autos. Fleet Services is also continuing sustainability efforts this budget cycle to implement additional plug-in electric vehicles and improve building electrical infrastructure to support more electric vehicle charging stations. Fleet Services charges back to the internal users for these services. Fleet services user charges for the general fund are increasing from $2,965,292 in 2025 to $3,137,887 in 2026 a 5.8% increase. The Fleet Services budget increase is due mainly to ageing and increased costs for operating supplies. Repair and maintenance costs are also increasing as vehicles are being held longer than in the past. For 2027, $3,298,454 is budgeted which is a 5.1% increase. HOUSING AND REDEVELOPMENT AUTHORITY (HRA) In 1980, the City of Eden Prairie established a Housing and Redevelopment Authority for the City. The HRA may spend resources on the following: • to provide a sufficient supply of adequate, safe, and sanitary dwellings to protect the health, safety, morals, and welfare of the citizens of this state; • to clear and redevelop blighted areas; • to perform those duties according to comprehensive plans; • to remedy the shortage of housing for low- and moderate-income residents, and to redevelop blighted areas, in situations in which private enterprise would not act without government participation or subsidies. The Housing and Redevelopment Authorities (HRA) can levy a tax of up to .0185 percent of taxable market value. The levy limit for the City of Eden Prairie HRA is approximately $2.7M. In 2006, the Council approved the HRA levy for the first time. For 2026 and 2027 the HRA levy is $230,000 and $240,000 respectively. 17 The HRA levy pays for wages and benefits related to the support of housing in the City. It includes staff time from Housing and Community Services, Community Development, Planning, and Administratin of Rental Housing Licensing. Wages and benefits total $231,000 for 2026 and $243,000 for 2027. Other City resources for housing that the City anticipates collecting in 2025 are: • Tax Increment Financing, $3,600,000 • Community Development Block Grant, $250,000 to $300,000 • Local Affordable Housing Aid, $730,000 CONCLUSION This document is intended to provide information on the proposed 2026/2027 City of Eden Prairie budget. If you have any questions about the budget contact a member of the finance team or the individual operating areas.